Justices may commit Deserters.

Marching Money, from the Place of his Discharge to the Place of his Attestation as aforesaid.

'CXIX. And Whereas several Soldiers, being duly enlisted, do afterwards desert, and are found wandering, or otherwise 'absenting themselves illegally from His Majesty's Service;' It is hereby further enacted, That it shall and may be lawful for the Constable, Headborough, or Tithingman of the Town or Place where any Person who may be reasonably suspected to be such a Deserter shall be found, or if no such Constable, Headborough, or Tithingman can be immediately met with, then for any Officer or Soldier in His Majesty's Service to apprehend, or cause such suspected Person to be apprehended, and to bring or cause him to be brought before any Justice of the Peace living in or near such Town or Place, who hath hereby Power to examine such suspected Person; and if by his Confession, or the Testimony of One or more Witness or Witnesses upon Oath, or by the Knowledge of such Justice of the Peace, it shall appear to be found that such suspected Person is a listed Soldier, and ought to be with the Troop or Company to which he belongs, such Justice of the Peace shall, without Fee or Reward to himself or Clerk, forthwith cause him to be conveyed to the Gaol of the County or Place where he shall be found, or the House of Correction or other Public Prison in such Town or Place where such Deserter shall be apprehended; or to the Provost Marshal in case such Deserter shall be apprehended within the City or Liberties of Dublin or Places adjacent; and transmit an Account thereof, in the Form prescribed in the Schedule annexed to this Act marked (N) to the Secretary at War for the Time being in London; or if the Deserter be apprehended in Ireland, to the Chief Secretary to the Chief Governor or Governors thereof; to the End that such Person may be removed by an Order from the Office of the said Secretary at War or Chief Governor or Governors, and proceeded against according to Law; and the Keeper of every Gaol, House of Correction, or Prison, in which such Deserter shall at any Time be confined, shall receive such Subsistence for the Maintenance of such Deserter during the Time that he shall continue in his Custody, as by His Majesty's Regulations is or shall from Time to Time be directed in that Behalf; and the Keeper of every Gaol, House of Correction, or other Public Prison of the City, Town, or Place, at or in which the Party or Person conveying such Deserter shall halt on the March, shall and he is hereby required to receive and confine every such Deserter who shall be delivered into his Charge and Custody by any Noncommissioned Officer or Soldier who shall be conveying such Deserter under any lawful Order, Warrant, or Authority, while on the Road from the Place where he was apprehended to the Place to which he is to be conveyed, without any other Warrant or Authority for so doing than the Production of the Warrant of the Justice of the Peace on which such Deserter shall have been taken, or some Order from the Office of the Secretary at War, or of the Chief Governor or Governors of Ireland, and shall be entitled to One Shilling for the safe Custody of the said Deserter while the Party or Person conveying him shall halt on the

March;

March; any Law, Usage, or Custom to the contrary notwithstanding.

serters.

CXX. And for the better Encouragement of any Person or Reward for Persons to secure or apprehend such Deserters from His Ma- taking up Dejesty's Service, be it further enacted, That in case of every Deserter apprehended in Great Britain or Ireland, the Secretary at War, upon receiving from the Justice of the Peace, or other Civil Magistrate by whom the Deserter shall have been committed, a Report stating the Name or Names of the Person or Persons by whom the Deserter was apprehended and secured, which Report such Magistrate is hereby required to give, shall transmit to such Magistrate an Order upon some Regimental or District Paymaster or Paymasters of a Depôt, for the Payment of the Sum of Twenty Shillings to the Person or Persons so reported by the Magistrate: Provided always, that this Reward shall only be given in Cases in which the Secretary at War shall be satisfied that such Person or Persons is or are justly entitled to the same, according to the true Intent and Meaning of this Act; provided also, that no Fee or Reward shall be taken by any Justice of the Peace or his Clerk, for or in respect of any Information, Examination, Commitment, or any such Report as aforesaid in relation to any Deserter.

to be deemed

CXXI. And be it further enacted, That any Person who shall Any Person voluntarily surrender or deliver himself up as a Deserter from confessing himany Regiment or Corps of His Majesty's Regular Forces, or of self a Deserter the Embodied Militia, or of the Forces of the United Company duly enlisted. of Merchants of England trading to the East Indies, or who, upon being apprehended for Desertion or any other Offence, shall in the Presence of the Magistrates confess himself to be a Deserter from any such Regiment or Corps, shall be deemed to have been duly enlisted and to be a Soldier, and shall be liable to serve in any such Regiment or Battalion or Corps of His Majesty's Forces as His Majesty shall think fit to appoint, whether such Person shall have been ever actually enlisted as a Soldier or not, and if the Person so confessing himself to be a Deserter shall be serving at the Time in any Regiment, Battalion, or Corps of His Majesty's Forces, he shall be deemed to be and shall be dealt with as a Deserter.

CXXII. And be it further enacted, That if any Person or Persons perPersons shall, in any Part of His Majesty's Dominions, directly suading Solor indirectly persuade or procure any Soldier or Soldiers in diers to desert, to be punished the Service of His Majesty, His Heirs or Successors, to desert by Fine or Imor leave such Service as aforesaid, every such Person or Persons prisonment, or so offending as aforesaid, and being thereof lawfully convicted, both. shall suffer such Punishment by Fine or Imprisonment, or both

as the Court before which the Conviction may take Place shall adjudge.

SO

Deserters.

CXXIII. Provided always, and be it enacted, That if any Penalty on PerPerson shall harbour, conceal, or assist any Deserter from His sons concealing Majesty's Service, knowing him to be such, the Person offending shall forfeit for every such Offence the Sum of Twenty Pounds; and upon Conviction, by the Oath of One or more credible Witness or Witnesses, before any of His Majesty's Justices of the Peace, the said Penalty of Twenty Pounds shall be levied

Penalty on
Officer break-
ing open any
House without
Warrant.

Penalty on Persons receiv. ing any Arms,

Clothes, &c. of Soldiers or Deserters, &c.

and on Persons buying Oats, Hay, or Forage

provided for His Majesty's Service.

by Warrant under the Hand of such Justice of the Peace, by Distress and Sale of the Goods and Chattels of the Offender; One Moiety of the said Penalty to be paid to the Informer, and the other Moiety to be paid to the Agent of the Regiment or Corps to which any such Deserter did belong, and shall be credited by such Agent in his public Accounts, and a Report of the Penalty being adjudged shall be made to the Secretary at War by the Justices of the Peace by whom the same shall have been imposed; and in case any such Offender, who shall be convicted as aforesaid of harbouring, concealing, or assisting any such Deserter, shall not have sufficient Goods and Chattels whereon Distress may be made to the Value of the Penalty awarded against him or her for such Offence, or shall not pay such Penalty within Four Days after such Conviction, then and in such Case such Justice of the Peace shall and may, by Warrant under his Hand and Seal, commit such Offender to the Common Gaol, there to remain without Bail or Mainprize for the Space of Six Months.

CXXIV. Provided always, and be it enacted, That no Commissioned Officer shall break open any House to search for Deserters without Warrant from a Justice of the Peace; and that every Commissioned Officer who shall without Warrant from One or more of His Majesty's Justices of the Peace (which Warrant the said Justice or Justices is or are hereby empowered to grant) forcibly enter into or break open the Dwelling House or Outhouses of any Person whomsoever, under Pretence of searching for Deserters, shall upon due Proof thereof forfeit the Sum of Twenty Pounds.

CXXV. Provided also, and be it enacted, That if any Persons shall knowingly detain, buy, or exchange, or otherwise receive from any Soldier or Deserter, or any other Person, upon any Ac. count or Pretence whatsoever, any Arms, Ammunition, Clothes, Caps, or other Furniture, belonging to the King, or any Meat, Drink, Beer, or other Provisions, or any Sheets or other Articles used in Barracks, provided under any Regulations relating thereto, or any such Articles belonging to any Soldier or Deserter as are generally deemed Regimental Necessaries, according to the Custom of the Army, being provided for the Soldier, and paid for by Deductions out of his Pay, or cause the Colour of any such Clothes to be changed, the Person so offending shall forfeit for every such Offence the Sum of Five Pounds; or if any Person shall buy or receive any Oats, Hay, Straw, or other Forage provided for the Use of any Horse or Horses belonging to His Majesty's Service, from any Dragoon or other Soldier, knowing him to be such, or shall move, procure, counsel, solicit, or entice any Dragoon or other Soldier, knowing him to be such, to sell or otherwise dispose of any such Oats, Hay, Straw, or other Forage as aforesaid, the Person so offending shall forfeit for every such Offence the Sum of Five Pounds; and upon Conviction, by the Oath of One or more credible Witness or Witnesses before any of His Majesty's Justices of the Peace, the said respective Penalties of Five Pounds, and Five Pounds, shall be levied by Warrant under the Hand of such Justice of the Peace, by Distress and Sale of the Goods and Chattels of the Offender,

One

One Moiety of the said first mentioned Penalty of Five Pounds to be paid to the Informer, and One Moiety of the said last mentioned Penalty of Five Pounds to be paid to the Informer, and the Residue of the said respective Penalties to be paid to the Agent of the Regiment or Corps to which any such Deserter or Soldier did belong, who shall report the same to the Secretary at War, and credit the same in his public Accounts; and a Report of the said respective Penalties being adjudged shall be made to the Secretary at War by the Justices of the Peace by whom the same shall have been imposed; and in case any such Offender who shall be convicted as aforesaid of having knowingly received any Arms, Ammunition, Clothes, Caps, or other Furniture belonging to the King, or any such Meat, Drink, Beer, or other Provisions, or Sheets or other Articles used in Barracks, or any such Articles generally deemed Regimental Necessaries, or of having caused the Colour of such Clothes to be changed, or of having bought or received any Oats, Hay, Straw, or other Forage provided for the Use of any Horse or Horses belonging to His Majesty's Service, from any Dragoon or other Soldier, knowing him to be such, or of having moved, procured, counselled, solicited, or enticed any Dragoon or other Soldier, knowing him to be such, to sell or otherwise dispose of any such Oats, Hay, Straw, or other Forage as aforesaid, contrary to the Intent of this Act, shall not have sufficient Goods and Chattels whereon Distress may be made to the Value of the Penalties recovered against him or her for such Offence, or shall not pay such Penalties upon such Conviction, or give sufficient Security for Payment thereof within the Space of Four Days from such Conviction, then and in such Case such Justice of the Peace shall and may, by Warrant under his Hand and Seal, either commit such Offender to the Common Gaol, there to remain without Bail or Mainprize for the Space of Three Months, or cause such Offender to be publicly or privately whipped, at the Discretion of such Justice.

'CXXVI. And Whereas Soldiers absent from their Regiments on Furlough granted to them by their Commanding Officers are ⚫ sometimes prevented by Sickness or other unavoidable Casualty <from returning to their Duty before the Expiration of the Time limited by such Furlough, and Doubts have arisen whether in such Cases the Extension of a Soldier's Furlough by a Justice of the Peace be sanctioned by legal Authority, and effectual for preventing such Soldier from being apprehended upon Suspicion of his having deserted his Regiment;' Be fit further Certain Officers ' enacted, That any Inspecting Field Officer stationed on the Recruiting Service, or any Officer of the Rank of Captain, or of superior Rank, or any Adjutant of the Regular Militia stationed within the District, or in case there be no such Officer as aforesaid within a convenient Distance, any Justice of the Peace may and is hereby authorized to grant, in Writing under his Hand, an Extension of Furlough to any Noncommissioned Officer or Soldier applying for the same on account of Sickness or other Casualty, which shall on due Inquiry appear to render such Extension necessary; and that every such Officer or Justice of the Peace, who shall grant to any Noncommissioned Officer or Soldier an

Extension

and Justices may grant an Extension of Furlough to any Noncom

missioned Officer or Soldier applying for the of Sickness, &c.

same on account

Noncommissioned Officer or Soldier,

whose Furlough extended, shall not be liable to

shall have been

be apprehended
as a Deserter,
&c.

Subsistence of Men on Furlough.

No Volunteer liable to Pro

cess unless for

Matter,

or for a real Debt of the Value of 201.

Extension of Furlough as aforesaid, shall immediately certify the same, with the Cause of its being so granted, to the Officer commanding the Corps, Depôt, or Detachment to which the Man belongs, if known, if not, then to the Agent of the Regiment, in order that the Proportion of Pay to which the Man shall be entitled, may be remitted to him according to the Rules established in that respect.

CXXVII. And be it further enacted, That such Noncommissioned Officer or Soldier, during the Period to which his Furlough shall have been so extended as aforesaid, shall not be liable to be apprehended or otherwise molested on the Ground of his having deserted the Regiment to which he shall appear by his Furlough to belong, or of criminally absenting himself from the same: Provided always, that nothing in this Act contained shall be construed to exempt any Noncommissioned Officer or Soldier, whose Furlough shall have been so extended as aforesaid, from being proceeded against and punished according to the Provisions of this Act, should it thereafter appear that such Noncommissioned Officer or Soldier had obtained the Extension of his Furlough by false Representation made to such Officer or Justice of the Peace as aforesaid, or in applying for and obtaining the same had committed any Offence to the Prejudice of good Order and Military Discipline; provided also, that no such Furlough shall be extended by any such Officer or Justice of the Peace as aforesaid for any longer Period than One Month, unless with the Approbation of the General or other Officer commanding in the District where such Soldier shall be, or of the Officer commanding the Corps, Depôt, or Detachment to which the Noncommissioned Officer or Soldier shall belong.

CXXVIII. Provided always, and be it further enacted, That from and after the passing of this Act the Subsistence of Men on Furlough shall be issued according to the Rates which have been or shall beprescribed by His Majesty's Regulations.

CXXIX. And to prevent, as far as may be, any unjust or fraudulent Arrests that may be made upon Soldiers, whereby His some criminal Majesty and the Public may be deprived of their Services, it is hereby further enacted, That no Person who is or shall be listed, or who shall list and enter himself as a Volunteer in His Majesty's Service as a Soldier, shall be liable to be taken out of His Majesty's Service by any Process or Execution whatsoever, other than for some criminal Matter, unless for a real Debt, or other just Cause of Action; and unless, before taking out such Process or Execution (not being for a criminal Matter), the Plaintiff or Plaintiffs therein, or some other Person or Persons on his or their Behalf, shall make Affidavit before One or more Judge or Judges of the Court of Record, or other Court out of which such Process or Execution shall issue, or before some Person authorized to take Affidavit in such Courts, that to his or their Knowledge the original Sum justly due and owing to the Plaintiff or Plaintiffs from the Defendant or Defendants, in the Action or Cause of Action on which such Process shall issue, or the original Debt for which such Execution shall be sued out, amounts to the Value of Twenty Pounds at least, over and above all Costs of Suit in the same Action, or in any other Action on which the

Oath of the

Debt to be made before a Judge;

same