XLII. Provided always, and be it further enacted, That all Muster Rolls Muster Rolls and Pay Lists which are required to be verified and Pay Lists upon Oath, shall be sworn before and be attested by any Justice to be verified on Oath, and atof the Peace or Magistrate, who are hereby authorized and re- tested by a quired to administer such Oath, and attest the same, without Pay- Magistrate ment of any Fee or Reward whatever in respect thereof, either to without Fee. such Justice or Magistrate, or the Clerk of any such Justice or Magistrate.

XLIII. And for preventing of Fraud and Deceit in the muster

Soldiers from

Musters.

ing of Soldiers; Be it further enacted, That if any Person shall Penalty on giv make or give, or procure to be made or given, any false or untrue ing false CertiCertificate, whereby to excuse any Soldier for his Absence from ficates to excuse any Muster, or any other Service which he ought to attend or perform, upon Pretence of such Soldier being employed on some other Duty of the Regiment, or being Sick, in Prison or on Furlough; then every such Person so making, giving, or procuring such Certificate, shall for every such Offence forfeit the Sum of Fifty Pounds, and shall be forthwith cashiered and displaced from his Office, and shall be thereby utterly disabled to have or hold any Military Office or Employment within this Realm, or in His Majesty's Service; and no Certificate shall excuse the Absence of any Soldier, but for the Reasons above mentioned, or one of them.

&c.

XLIV. And be it further enacted, That every Officer that shall Penalty on Of make any false or untrue Muster of Man or Horse, or shall wit- ficers making tingly or willingly allow or sign the Muster Roll wherein such false Musters, false Muster is contained, or any Duplicate thereof; and also every Officer who shall directly or indirectly take or cause to be taken any Sum or Sums of Money, or any other Gratuity, on or for the mustering any Regiment, Troop, or Company, or on or for the signing of any Muster Rolls or any Duplicate thereof, upon Proof thereof upon Oath made by Two Witnesses before a General Court-martial to be thereupon called (which is hereby authorized and required to administer such Oath), shall for such Offence be forthwith cashiered, and shall be thereby utterly disabled to have or hold any Civil or Military Office or Employment within the United Kingdom of Great Britain and Ireland, or in His Majesty's Service.

XLV. And be it further enacted, That if any Officer shall knowingly muster any Person by a wrong Name, upon Conviction thereof before a General Court-martial, the said Officer shall be subject to such Penalties as are directed and inflicted by this Act upon those who shall make false Musters.

Penalty on Officers mustering Persons Names. by wrong

falsely mustered.

XLVI. And be it further enacted, That if any Person shall be Penalty on Perfalsely mustered, or offer himself falsely or deceitfully to be mus- sons offering tered, upon Proof thereof made upon Oath by Two Witnesses be- themselves to be fore any Justice of the Peace for the County residing near the Place where such Muster shall be made, and upon Certificate Writing, under the Hand of the Officer appointed to take the Muster, made to such Justice of the Peace, the said Justice is hereby authorized and required to commit such Offender to the House of Correction, there to remain for the Space of Ten Days; and if any Person shall wittingly or willingly lend or Horses falsely furnish any Horse to be mustered which shall not truly belong mustered to be

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to forfeited, &c.

to the Trooper or Troop so mustered, the said Horse so falsely mustered shall be forfeited to the Informer, if the same doth belong to the Person lending or furnishing the said Horse, or otherwise the Person lending or furnishing the said Horse shall forfeit the Sum of Twenty Pounds, upon Oath made by Two Witnesses, before some Justice of the Peace residing near to the Forfeiture how Place where such Muster shall be made; which Twenty Pounds to be levied. shall be levied by Warrant under the Hand and Seal of the said Justice by Distress and Sale of the Goods and Chattels of the Person so offending, rendering the Overplus (if any be) to the Owner; and in case such Offender shall not have sufficient Goods and Chattels whereon Distress may be made to the Value of the Penalty to be recovered against him, or shall not pay such Penalty within Four Days after such Conviction, then and in such Case such Justice shall and may, by Warrant under his Hand and Seal, either commit such Offender to the Common Gaol, there to remain without Bailor Mainprize for the Space of Three Months, or cause such Offender to be publicly whipped, at the Discretion of such Justice; and the said Forfeiture shall be given or paid to such Person or Persons that shall give Information thereof; and the said Informer or Informers, if belonging to the Service, shall have a Right to be discharged forthwith, if he or they shall demand the same.

Soldiers giving
Information of

false Musters
entitled to
Discharge.
Muster Rolls
Ten Miles
distant from

London, to be closed within 24 Hours after

the Muster, and

returned within Seven Days to the Secretary at

War.

Recital of the
Petition of

&c.

XLVII. And be it further enacted, That in Great Britain, the Officer who shall be appointed to take the Half-yearly Muster of any Regiment, Troop, or Company in His Majesty's Service at any Place Ten Miles distant from London, shall close the Muster Rolls of the said Regiment, Troop, or Company within Twenty four Hours after such Muster shall have been made, and shall return the Rolls so taken by the Post or other safe Conveyance, within Seven Days after their being closed, to the Secretary at War, and shall also, if required so to do, send One Copy thereof to the Paymaster General of His Majesty's Land Forces, and One Copy thereof to the Comptrollers of the Accounts of the Army, on or before the First Day of May and Twenty ninth Day of September respectively following such Half-yearly Muster; and no Alterations or Indorsements shall be made in or upon the said Muster Rolls, other than in the Case of Orders of Leave or Dates of Commissions, and other than involuntary Errors or literal Mistakes in Writing or transcribing the said Muster Rolls, upon pain of forfeiting the Employment of such Officer, as also the Sum of Twenty Pounds for every such Offence to any Ferson who shall sue for the same.

· XLVIII. And Whereas by The Petition of Right, in the Third Year of King Charles the First, it is enacted and declared, that Right, 3 Car.1. the People of the Land are not by the Laws to be burthened with the sojourning of Soldiers against their Wills; and by a Clause in an Act of the British Parliament, made in the Öne and thirtieth Year of the Reign of King Charles the Second, for granting a Supply to His Majesty of Two hundred and six thousand four hundred sixty two Pounds Seventeen Shillings and Three Pence for paying and disbanding the Forces, it is declared and enacted, that no Officer, Civil or Military, nor other Person whatsoever, should from thenceforth presume to place, quarter,

'or

Inns, Ale
Houses, &c.;

' or billet any Soldier or Soldiers upon any Subject or Inhabitant ' of this Realm, of any Degree, Quality, or Profession whatsoever ' without his Consent; and that it shall and may be lawful for 'any Subject, Sojourner, or Inhabitant, to refuse to quarter any 'Soldier or Soldiers, notwithstanding any Demand or Warrant, 'or Billetting whatsoever: But forasmuch as at this Time, and 'during the Continuance of this Act, there is and may be Oc'casion for the marching and quartering of Regiments, Troops ' and Companies in several Parts of the United Kingdom of Great 'Britain and Ireland;' Be it further enacted, That for and during Constables, &c. the Continuance of this Act, and no longer, it shall and may be in England to lawful to and for the Constables, Tithingmen, Headboroughs, and quarter Officers other Chief Officers and Magistrates of Cities, Towns, and Villages, and Men in and other Places within England, Wales, and the Town of Berwick-upon-Tweed, and in their Default or Absence, for any One Justice of the Peace inhabiting in or near any such City, Town, Village, or Place, and for no others; and such Constables and other Chief Magistrates as aforesaid are hereby required to quarter and billet the Officers and Soldiers in His Majesty's Service, and Persons receiving Pay in His Majesty's Army, in Inns, Livery Stables, Alehouses, Victualling Houses, and the Houses of Sellers of Wine by Retail, whether British or Foreign, to be drank in their own Houses or Places thereunto belonging, other than and except Canteens held and occupied under the Authority of the Commissioners for the Affairs of Barracks or of the Department of the Ordnance, and other than and except Persons who keep Taverns only, being Freemen of the Company of Vintners of the City of London, who were admitted to their Freedom before the Fifth Day of July One thousand seven hundred and fifty seven, or who since have or shall hereafter be admitted to their Freedom of the said Company, in Right of Patrimony or Apprenticeship, notwithstanding such Persons who keep Taverns only have taken out Victualling Licences; and all Houses of Persons selling Brandy, Strong Waters, Cider, or Metheglin by Retail to be drank in Houses, other than and except the House or Houses of any Distillers, who keep Houses or Places for distilling Brandy and Strong Waters, and the House of any Shopkeeper whose principal Dealing shall be more in other Goods and Merchandize than in Brandy and Strong Waters (so as such Distillers and Shopkeepers do not permit or suffer Tippling in his or their Houses) and in no other, and in no private Houses whatsoever; nor shall any more Billets at any Time be ordered than there are effective Soldiers present to be quartered; all which Billets, when made out by such Chief Magistrates or Constables, shall be delivered into the Hands of the Commanding Officer present; and if any Con- Remedy stable, Tithingman, or such like Officer or Magistrate as aforesaid, against Conshall presume to quarter or billet any such Officer or Soldier in stables, &c. any such private House, without the Consent of the Owner or quartering Soldiers in private Occupier, in such Case such Owner or Occupier shall have his or Houses, &c. their Remedy at Law against such Magistrate or Officer for the Damage that such Owner or Occupier shall sustain thereby; and if any Military Officer shall take upon him to quarter Penalty on Soldiers otherwise than is limited and allowed by this Act, or Officers quarshall use or offer any Menace or Compulsion to or upon any

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Mayors,

but in no Distillers or Shopkeepers Houses,

or in any private Houses.

tering Soldiers contrary to this Act, &c.

Persons aggrieved by being quartered

on may com

plain to any Justice, and be

relieved.

Regulations

for quartering

Soldiers in
Ireland.

Mayors, Constables, or other Civil Officers before mentioned, tending to deter and discourage any of them from performing any Part of their Duty hereby required or appointed; such Military Officer shall for every such Offence (being thereof convicted before any Two or more of the Justices of the Peace of the County, by the Oath of Two credible Witnesses,) be deemed and taken to be ipso facto cashiered, and shall be utterly disabled to have or hold any Military Employment within this Kingdom or in His Majesty's Service; provided the said Conviction be affirmed at the next Quarter Sessions of the Peace of the said County, and a Certificate thereof to be transmitted to the Judge Advocate in London, who is hereby obliged to certify the same to the Commander in Chief and Secretary at War; and in case any Person shall find himself aggrieved, in that such Constable, Tithingman, or Headborough, Chief Officer or Magistrate, (such Chief Officer or Magistrate not being a Justice of the Peace) has quartered or billetted in his House a greater Number of Soldiers than he ought to bear in proportion to his Neighbours, and shall complain thereof to One or more Justice or Justices of the Peace of the Division, City, or Liberty where such Soldiers are quartered; or in case such Chief Officer or Magistrate shall be a Justice of the Peace, then on Complaint made to Two or more Justices of the Peace of such Division, City, or Liberty, such Justices respectively shall have and have hereby Power to relieve such Person, by ordering such and so many of the Soldiers to be removed, and quartered upon such other Person or Persons as they shall see Cause, and such other Person or Persons shall be obliged to receive such Soldiers accordingly.

• XLIX. And Whereas by an Act passed in Ireland in the Sixth Year of the Reign of Queen Anne, intituled An Act to prevent 'the Disorders that may happen by the marching of Soldiers and 'providing Carriages for the Baggage of Soldiers on their March, it was amongst other things enacted and declared, that no Of'ficer, Soldier or Trooper in the Army, nor the Servant of any Officer, nor any Attendant on the Train of Artillery, nor any Yeoman of the Guard of Battle Axes, nor any Officer com'manding the said Yeoman, nor any Servant of any such Officer, should at any Time thereafter have, receive, or be allowed any Quarters in any Part of Ireland, save only during such Time as he or they should be and remain in some Sea-port Town in order to be transported, or during such Time as there should be any • Commotion in any Part of Ireland, by reason of which Emergency the Army or any considerable Part thereof should be commanded to march from any Part of Ireland to another, or during such Time or Times as he or they should be on their March as aforesaid: And Whereas the Barracks of Ireland are not at present sufficient to lodge all the Forces upon its Mili6 tary Establishment: And Whereas it may be necessary to station Part of the Troops in Places where there are not Barracks, or not sufficient Barracks, to hold them;' Be it enacted, and it is hereby declared and agreed, That it shall and may be lawful, notwithstanding the said recited Act, to and for the Constables and other Chief Officers and Magistrates of Cities, Towns, Villages, and other Places in Ireland, and in their Default or Ab

sence

sence for any One Justice of the Peace inhabiting in or near any such City, Town, Village, or Place, and for no others, and such Constables and other Chief Magistrates as aforesaid, or in their Default, such Justice of the Peace as aforesaid, are hereby required to quarter and billet the Officers and Soldiers in His Majesty's Service in Inns, Livery Stables, Alehouses, and the Houses of Sellers of Wine by Retail, to be drank in their own Houses or Places thereunto belonging, and all Houses of Persons selling Brandy, Strong Waters, Cider, or Metheglin by Retail; and where there shall not be found sufficient Room in such Houses, then in such Manner as has been heretofore customary, taking care not to billet less than Two Men in any One House, except only in case of billetting Horse or Dragoons in manner hereinafter mentioned; nor shall any Billets at any Time be ordered for more than the Number of effective Soldiers present to be quartered; all which Billets, when made out by such Chief Magistrates or Constables, or Justice of the Peace, as the Case may be, shall be delivered into the Hands of the Staff Officer employed, or of the Commanding Officer present; and if any Constable or other Chief Officer or Magistrate as aforesaid shall presume to quarter or billet any such Officer or Soldier in any House not within the Meaning of this Act, without the Consent of the Owner or Occupier thereof, then such Owner or Occupier shall have his or their Remedy in Law against such Magistrate or Officer for the Damage that such Owner or Occupier shall sustain thereby; and such Constable, Chief Officer, or Magistrate, being duly convicted of such Offence by Indictment, shall be imprisoned for the Space of One Calendar Month; and if any Military Officer shall take upon him to quarter Soldiers otherwise than is limited and allowed by this Act, or shall use or offer any Menace or Compulsion to or upon any Mayor, Constable, or other Chief Officer before mentioned, tending to deter or discourage any of them from performing any Part of their Duty hereby required or appointed, or to induce any of them to do any thing contrary to their said Duty, such Military Officer shall for every such Offence, being thereof convicted before any Two or more Justices of the Peace of the County, by Oath of Two credible Witnesses, be deemed and taken to be ipso facto cashiered, and shall be utterly disabled to have or hold any Military Employment whatsoever; provided the said Conviction be affirmed at the next Assizes or Quarter Sessions of the Peace for the said County, or County of a City or Town, and a Certificate thereof be transmitted to the Secretary at War; and in case any Person shall find himself aggrieved, in that such Constable, Chief Officer, or Magistrate, not being a Justice of the Peace, has quartered or billetted in his House a greater Number of Soldiers than he ought to bear in proportion to his Neighbours, and shall complain thereof to One or more Justice or Justices of the Peace of the Division, City, or Liberty where such Soldiers are quartered, or in case such Chief Officer or Magistrate shall be a Justice of the Peace, then on Complaint made to Two or more Justices of the Peace of such Division, City, or Liberty, such Justice or Justices respectively shall have, and have hereby Power to relieve such Person, by ordering such and so many of the Soldiers to be removed and

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quartered