Innholders re fufing to furnish Men quartered on them with Meat, to allow them Candles, &c. gratis. Officers to give Notice to Innkeepers of Subfiftence Money in their Hands, &c. A.D. 1813. Houses, and the Houfes of Sellers of Wine by Retail, to be drank in their own Houses or Places thereunto belonging, and other Houses in which they are allowed to be quartered and billetted by this Act; paying and allowing for the fame the feveral Rates that are or fhall be established by any Act or Acts of Parliament in force in that refpect. XXXII. Provided always, That in cafe any Innholder or other Perfon on whom any Non Commiffioned Officers or Private Men fhall be quartered by virtue of this Act (except on a March or employed in recruiting, and likewife except the Recruits by them raifed, for the Space of Seven Days at most, for fuch Non Commiffioned Officers and Private Men, who are recruiting, and the Recruits by them raised), fhall be defirous to furnish fuch Non Commiffion Officers and Private Men with Candles, Vinegar and Salt, and with either Small Beer or Cyder, not exceeding Five Pints for each Man per Diem, gratis, and allow to fuch Non Commiffion Officers or Private Men the Ufe of Fire, and the neceffary Utenfils for dreffing and eating their Meat, and fhall give Notice of fuch his Defire to the Commanding Officer, and shall furnish and allow the fame accordingly, then and in fuch cafe, the Non Commiffion Officers and Private Men fo quartered fhall provide their own Victuals; and the Officer to whom it belongs to receive, or who fhall actually receive the Pay and Subfiftence of fuch Non Commiffion Officers and Private Men, fhall pay the feveral Sums that are or fhall be eftablished by any Act or Acts of Parliament in force in that Behalf to the Non Commiffion Officers and Private Men aforefaid, and not to the Innholder or other Person, on whom fuch Non Commiffion Officers and Private Men are quartered; any thing herein contained to the contrary notwithstanding. [Sections 33. to 35. are the fame as $31. to 33. of 53 G.3. c.25.] XXXVI. And, that the Quarters both of the faid Marine Officers and Private Men, while on Shore as aforefaid, may, during the Continuance of this Act, be duly paid and fatisfied, and His Majefty's Duties of Excife better answered, be it enacted, That, from and after the faid Twenty fifth Day of March One thousand eight hundred and fourteen, every Officer or other Person to whom it belongs to receive, or that shall actually receive the Pay or Subfiftence Money, for One or more particular Company or Companies of the faid Royal Marine Forces, or otherwife, fhall immediately upon each Receipt of every particular Sum which shall from time to time be paid, returned or come to his or their Hands, on account of Pay or Subfiftence, give public Notice thereof to all Perfons keeping Inns, or other Places where Officers or Private Men are quartered by virtue of this A&t; and fhall alfo appoint the faid Innkeepers, and others, to repair to their Quarters at fuch times as they shall appoint for the Diftribution and Payment of the faid Pay or Subfiftence Money to fuch Officers or Private Men, which fhall be within Four Days at the fartheft after the Receipt of the fame, as aforefaid; and the faid Innkeepers, and others, fhall then and there acquaint fuch Officer or Officers with the Accounts or Debts (if any fhall be) between them and the Officers and Private Men fo quartered in their refpective Houses; which Accounts the faid Officer or Officers is or are hereby required to accept of, and immediately pay the fame, before any Part of the faid Pay or Subfiftence be distributed either to to the Officers or Private Men; and if any Officer or Officers, as Officers not aforefaid, fhall not give Notice as aforefaid, and fhall not imme- giving Notice of diately, upon producing fuch Account ftated, fatisfy, content and Subfiftence pay the fame, upon Complaint and Oath made thereof by any Two Money and payWitneffes, at the next Quarter Seffions for the County or City ing Quarters. wherein fuch Quarters were (which Oath the Juftices of the Peace at fuch Seffions are hereby authorized and required to administer), the Paymafter, or Perfon for the time being authorized to pay the faid Royal Marine Forces, is hereby required and authorized (upon Certificate of the faid Juftices, before whom fuch Oath was made, of the Sum due upon fuch Accounts, and the Perfons to whom the fame is owing), to pay and fatisfy the faid Sums out of the Arrears due Paymaster to to the faid Marine Officer or Officers, upon Penalty that fuch Pay- fatisfy them out mafter or Person shall forfeit their refpective Place or Places of Pay- of Arrears. mafter or otherwise, and be discharged from holding the fame for the future; and in cafe there fhall be no Arrears due to the faid No Arrears Officer or Officers, then the said Paymaster, or Person for the time due, Paymaster being authorized to pay the faid Royal Marine Forces, is hereby to deduct out of authorized and required to deduct the Sums he fhall pay, pursuant to next Subültence Money. the Certificate of the faid Juftices, out of the next Pay or Subfiftence Money of the Company to which fuch Officer or Officers fhall belong; and fuch Officer or Officers fhall, for fuch their Offence, or for neglecting to give Notice of the Receipt of fuch Pay or Subfiftence Money as aforefaid, be deemed and taken, and are hereby declared ipfo facto cashiered. Officers neglect ing, Punishment. Marine Forces on March. [Sections 37. to 40. are the fame as $35. to 38. of 53 G. 3. c.25.] XLI. And be it further enacted, That, for the better and more regular Provifion of Carriages for His Majefty's Royal Marine Forces in their Marches, or for their Arms, Clothes and Accoutrements in England, Wales and the Town of Berwick upon Tweed, all Juftices of the Peace within the feveral Counties, Ridings, Divifions, Juftices may orShires, Liberties and Precincts, being duly required thereunto by der Conftables the faid Lord High Admiral, or Three or more of the Commiffion- to provide Carers for executing the faid Office of Lord High Admiral for the riages for the time being, by an Order in Writing under his or their respective Hand or Hands, fhall, as often as fuch Order fhall be brought and fhewn unto One or more fuch Justice or Juftices by the Officer or Officers of the Company or Companies of Royal Marines fo ordered to march, issue out his or their Warrant or Warrants to the High Constables, or Petty Constables, of the Divifion, Riding, City, Liberty, Hundred or Precinct, from, through, near or to which such Company or Companies fhall be ordered to march, requiring them to make fuch Provifion for Carriages, with able Men to drive the fame, as shall be mentioned in the faid Warrant, allowing them fufficient time to do the fame, that the neighbouring Parts may not always bear the Burthen; and in cafe fufficient Carriages cannot be provided within any fuch Riding, City, Liberty, Hundred, Divifion or Precinct, then the next Juftice or Juftices of the Peace for the County, Riding or Division, shall, upon fuch Order as aforefaid being brought, or fhewn to One or more of them, by any of the Marine Officers aforefaid, iffue his or their Warrant or Warrants, to the High Conftables or Petty Conftables of fuch next County, Riding, Liberty, Divifion or Precinct, for the Purposes aforefaid, to make up fuch Deficiency; and the aforefaid Officer or Officers, who, by vir54 GEO. III. H tue Hire paid down. Waggons, &c. not stopped on account of or ber of Horses. tue of the aforefaid Warrant or Warrants from fuch Juftice or Juftices of the Peace, is or are to demand the Carriage or Carriages therein mentioned of the High Constable or Petty Conftable, to whom the Warrant is directed, is and are hereby required at the fame time, to pay down in Hand to the faid Constable or Petty Constable for the Ufe of the Perfon who shall provide fuch Carriages and Men, the refpective Sums hereinafter mentioned, for which refpective Sums fo received, the faid Conftable or Petty Conftable is hereby required to give a Receipt in Writing to the Perfon or Perfons paying the fame; and fuch Conftable or Petty Conftable shall order and appoint fuch Perfon or Perfons having Carriages, within their respective Liberties, as they fhall think proper, to provide and furnish fuch Carriages and Horfes and Oxen and Men according to the Warrant aforefaid, who are hereby required to provide and furnish the fame accordingly; and no Perfon owning or driving, or caufing to be driven, any fuch Waggon, Wain, Cart or other Carriage, fhall be fubject to any Penalty or Forfeiture, nor fhall any fuch Waggon, Wain, Cart or other Weight or Num- Carriage be stopped or detained by reafon of any Weight in any fuch Waggon, Wain, Cart or other Carriage, or of being drawn by any Number of Horses or Oxen; but it shall be lawful for any Owner of any fuch Waggon, Wain, Cart or other Carriage, to put any additional Number of Horfes or Oxen to thofe prefcribed or paid for under this Act; any thing in any Act or Acts of Parliament relating to Highways or Turnpike Roads, or any particular Highway or Road, to the contrary notwithstanding; and if any Marine Öfficer or Officers for the Ufe of whofe Company or Companies the Carriage was provided, fhall force and constrain any Waggon, Wain, Cart or Carriage to travel more than One Day's Journey, or shall not difcharge the fame in due time for their return Home, or shall suffer any Marine or Servant (except fuch as are fick), or any Woman, to ride in the Waggon, Wain, Cart or Carriage aforefaid; or fhall force any Conftable or Petty Conftable, by Threatenings or menacing Words, to provide Saddle Horfes for themselves or Servants, or fhall force Horfes from the Owners, by themselves, Servants or Private Men; every fuch Officer for every fuch Offence fhall forfeit the Sum of Five Pounds; Proof thereof being made upon Oath before Two of His Majefty's Juftices of the Peace for the fame County or Riding, who are to certify the fame to the proper Paymaster of His Majesty's Royal Marine Forces, who is hereby required to pay the aforefaid Sum of Five Pounds, according to Order and Appointment under the Hands and Seals of fuch Juftices of the Peace; and is also hereby empowered to deduct the fame out of fuch Officer's Pay. Officer forcing travel more than Penalty. Rates of Carriage. XLII. And be it further enacted, that the Sums to be paid into the Hands of fuch Conftable or Petty Conftable in England, Wales and Berwick upon Tweed, fhall be according to the following Rates; that is to fay, the Sum of One Shilling for every Mile any Waggon with Four or more Horfes, or any Wain with Six Oxen, or Four Oxen with Two Horfes, fhall travel; and the Sum of Nine pence for every Mile any Cart with Four Horfes, or carrying not lefs than Fifteen Hundred Weight, fhall travel; and the Sum of Six pence for every Mile any Cart or other Carriage with lefs than Four Horfes, and not carrying Fifteen Hundred Weight, fhall travel; or any further Sum not exceeding Four pence for every Mile any Waggon with Four or more Horfes, or any Wain with Six Oxen, or with Four Oxen and Two Horfes, fhall travel; and not exceeding Three pence for every Mile any Cart with Four Horfes, or carrying not less than Fifteen Hundred Weight, shall travel; and not exceeding Two pence for every Mile any Cart or other Carriage with lefs than Four Horfes, and not carrying Fifteen Hundred Weight, fhall travel; according as the fame fhall be fixed and ordered by the Juftices of the Peace for any County or District affembled at any General Seffions of the Peace for fuch County or Fixed at Seffions. Diftrict, the faid Juftices having regard to the Price of Hay and Oats at the time of fixing such Additional Rates: Provided always, Provifo. that in cafes where the Day's March shall exceed Fifteen Miles, fuch further Compensation shall be made and paid in like manner to the Owners of the said Carriages as fhall be deemed reasonable by the Magiftrate who granted the Warrant for impreffing them, not exceeding the ufual Rate and Hire of fuch Carriages: Provided always, Provifo. that every Order of the Justices affembled at any General Seffions of the Peace, fixing a further Sum to be paid for the Hire of Carriages as aforefaid in Addition to the customary Rates of One Shilling and Nine pence and Six pence per Mile refpectively, shall specify the Period for which the fame fhall be in force, and which shall not in any cafe exceed Ten Days beyond the General Seffions of the Peace for fuch County or District next enfuing the Date of such Order, and a Copy of every fuch Order figned by the Chairman or prefiding Magiftrate and one other Juftice of the Peace or Magiftrate at the Quarter Seffions at which the fame fhall be made, fhall within Three Days after the making thereof be tranfmitted to the Secretary of the Admiralty, and no fuch Order shall be valid or effectual unless a Copy thereof be fo figned and tranfmitted as aforefaid: Provided alfo, that in every cafe of any increased Rate being allowed for the Hire of any Carriage, the Juftice of the Peace granting or figning fuch Warrant fhall infert in his own Hand the Amount of fuch increased Rate for each Defcription of Carriage as so authorized by the Juftices at the Quarter Seffions as aforefaid, and fuch Warrant fhall be given to the Officer or Non Commiffioned Officer commanding the Regiment, Corps, Company, Detachment or Party requiring fuch Carriages, as his Voucher for the Payment of fuch increased Rate; and no increased Rate shall be demanded, but fuch as shall be so inferted by the Justice in the Warrant. [Sections 43. to 51. are the fame as $40. to 48. of 53 G.3. c.25.] LII. And whereas feveral Marines, who being duly entered, may afterwards defert and be found wandering, or otherwise abfenting themfelves illegally from His Majefty's Service; it is hereby further enacted, That it fhall and may be lawful to and for the Conftable, Conftables, &c. Headborough or Tithingman, of the Town or Place where any may apprehend Perfon who may reasonably be suspected to be fuch a Deferter fhall Deferters, and be found, or if no fuch Conftable, Headborough or Tithingman can carry them bebe immediately met with, then for any Marine Officer or Marine to fore a Juftice; apprehend or caufe fuch fufpected Perfon to be apprehended, and to bring or caufe him to be brought before any Juftice of the Peace living in or near fuch Town or Place, who is hereby empowered and required to examine fuch fufpected Perfon; and if, by his Confeffion, or the Teftimony of One or more Witnefs or Witneffes upon Oath, or by Knowledge of fuch Juftice of the Peace, it fhall appear or be found that fuch fufpected Perfon is a Marine duly entered, and H 2 ought and tranfmit an receive Sub- Concealing Penalty. Diftrefs. ought to be with the Company to which he belongs, whether fuch Company fhall be employed on board any of His Majefty's Ships or Veffels, or quartered on Shore, or employed on board any Tranfport Ship, or Merchant Ship or Veffel, fuch Juftice of the Peace hall without Fee or Reward to himself or Clerk forthwith caufe him to be conveyed to the Gaol of the County or Place where he fhall be found; or to the House of Correction or other public Prison in fuch Town or Place where fuch Deferter fhall be apprehended; or to the Savoy, in cafe fuch Deferter fhall be apprehended within the Cities of London or Westminster, or Places adjacent; and transmit an Account thereof to the Secretary of the Admiralty for the time being, to the end that fuch Perfon may be proceeded against according to Law; and the Keeper of every Gaol, Houfe of Correction or Prifon, fhall receive the full Subfiftence of fuch Deferter, during the time he fhall continue in his Cuftody, for the Maintenance of fuch Deferter; but fhall not be entitled to any Fee or Reward on account of the Imprisonment of any fuch Deferter; any Law, Ufage or Custom to the contrary notwithstanding: Provided always, That it fhall be lawful for the Secretary of the Admiralty for the time being, if he fhould think fit to order the Iffue and Payment of any Arrears of Pay, or of the Surplus of fuch Pay or any Portion thereof, to or on account of fuch Non Commiffioned Officer or Marine, during or after the Expiration of his Period of Imprisonment in any Gaol or Houfe of Correction or other public Prifon. any [Sections 53. to 56. are the fame as $ 50. to 53. of 53 G.3. c.25.] LVII. Provided always, and be it enacted, That if Perfon fhall harbour, conceal or affift any Deferter from His Majefty's Royal Marine Service, knowing him to be fuch, the Perfon fo offending fhall forfeit for every fuch Offence the Sum of Twenty Pounds; and upon Conviction, by the Oath of One or more credible Witness or Witneffes, before any of His Majefty's Juftices of the Peace, the faid Penalty of Twenty Pounds fhall be levied, by Warrant under the Hand of fuch Juftice of the Peace, by Diftrefs and Sale of the Goods and Chattels of the Offender, One Moiety of the faid Penalty to be paid to the Informer, and the other Moiety to be paid to the Paymafter of the Royal Marine Forces, and fhall be credited by fuch Paymafter in his Public Accounts, and a Report of the Penalty being adjudged fhall be made to the Secretary of the Admiralty by the Juftice of the Peace by whom the fame fhall have been impofed; and in cafe any fuch Offender, who fhall be convicted as aforefaid of harbouring, concealing or affifting any fuch Deferter, fhall not have fufficient Goods and Chattels 'whereon Distress may be made, to the Value of the Penalty awarded against him or her for fuch Offence, or fhall not pay fuch Penalty within Four Days after fuch Conviction, then and in fuch cafe fuch Juftice of the Peace fhall and may, by Warrant under his Hand and Imprisonment. Scal, commit fuch Offender to the Common Gaol, there to remain without Bail or Mainprize, for the Space of Six Months. Goods, &c. not fufficient. Receiving Arms, LVIII. And be it further enacted, That if any Perfon fhall knowingly detain, buy or exchange, or otherwife receive any Arms, Clothes, Caps or other Furniture belonging to The King, from any Marine or Marine Deferter, or any other Perfon, upon any Account or Pretence whatfoever, or any fuch Articles belonging to any Marine or Marine Deferter, as are generally deemed Regimental Neceffaries, 3 |
