furnish and allow the fame accordingly; then, and in every fuch cafe, the non-commiffion officers and foldiers fo quartered fhall provide their own victuals; and the officer to whom it belongs to receive, or that actually does receive, the pay and fubfiftence of fuch non-commiffion officers and foldiers, fhall pay the feveral fums herein-after mentioned, to be payable out of the fubfiftence-money, for diet and small beer, to the non-commiffion officers and foldiers aforefaid, and not to the innholder or other person on whom fuch non-commiffion officers and foldiers are quartered, any thing herein contained to the contrary notwithbftanding.

and foldiers

es, are to be

IX. And whereas there are Jeveral barracks in feveral places in What officers bis Majefty's faid dominions in America, or some of them, provided quartered in by the colonies, for the lodging and covering of foldiers, in lieu of barracks, or quarters, for the eafe and convenience as well of the inhabitants of and in hired uninin fuch colonies as of the foldiers, it is hereby further enacted, That habited houfall fuch officers and foldiers fo put and placed in fuch barracks, furnished with or in hired uninhabited houses, outhoufes, barns, or other build- at the provin ings, fhall, from time to time, be furnished and fupplied there cial expence, by the perfons to be authorised or appointed for that purpose by the governor and council of each respective province; or upon neglect or refufal of fuch governor and council in any province, then by two or more juftices of the peace refiding in or near fuch place, with fire, candles, vinegar, and falt, bedding, utenfils for dreffing their victuals, and fmall beer or cyder not exceeding five pints, or half a pint of rum mixed with a quart of water, to each man, without paying any thing for the fame.

X. And, that the feveral perfons who fball fo take, hire, and fit How the exup, as aforefaid, fuch uninhabited houfes, outhouses, barns, or other pences incurred thereby buildings, for the reception of the officers and foldiers, and who shall are to be reimfo furnish the fame, and alfa the faid barracks, with fire, candles, vi- buried. negar, and falt, bedding, utenfils for dreffing victuals, and small beer, cyder, or rum, as aforefaid, may be reimburfed and paid all fuch charges and expences they shall be put to therein, be it enacted by the authority aforefaid, That the refpective provinces fhall pay unto such person or perfons all fuch fum or fums of money fo by them paid, laid out, or expended, for the taking, hiring, and fitting up fuch uninhabited houfes, outhoufes, barns, or other buildings, and for furnishing the officers and foldiers therein, and in the barracks, with fire, candles, vinegar, and falt, bedding, utensils for dreffing victuals, and small beer, cyder, or rum, as aforefaid; and fuch fum or fums are hereby required to be raised in fuch manner as the publick charges for the provinces respectively are raised.

XI. Provided always, and be it enacted by the authority a- Penalty on forefaid, That if any officer within his Majefty's faid dominions taking money in America fhall take, or caufe to be taken, or knowingly fuffer to excufe any perfon from to be taken, any money of any person for excusing the quarter- being quartering of officers or foldiers, or any of them, in any houfe allowed ed on. by this act, every fuch officer shall be cashiered, and be incapable of ferving in any military employment whatsoever.

C3

XII. And

Commanding officers may exchange men

in their quarters.

Penalty on conitab es, &c. delaying to quarter or biller officers or

due notice;

or receiving money to ex

cule quartering;

ceive the officers and fo'diers billetted on them,

XII. And whereas fome doubts may arife, whether commanding officers of any regiment or company within his Majefty's faid dominions in America may exchange any men quartered in any village, town, township, city, district, or place, in his Majefty's faid dominions in America, with another man quartered in the fame place, for the benefit of the service, be it declared and enacted by the authority aforefaid, That fuch exchange as above mentioned may be made by fuch commanding officers refpectively, provided the number of men do not exceed the number at that time billetted on fuch houfe or houses; and the conftables, tithingmen, magiftrates, and other chief officers of the villages, towns, townships, cities, diftricts, or other places where any regiment or company shall be quartered, are hereby required to billet fuch men fo exchanged accordingly.

XIII. And be it further enacted by the authority aforefaid, That if any conftable, tithingman, magiftrate, or other chief officer or perfon whatfoever, who by virtue or colour of this act fhall quarter or billet, or be employed in quartering or billetting, foldiers, after any officers or foldiers within his Majesty's faid dominions in America, thall neglect or refufe for the fpace of two hours to quarter or billet fuch officers or foldiers when thereunto required, in fuch manner as is by this act directed, provided fufficient notice be given before the arrival of fuch forces; or shall receive, demand, contract, or agree, for any fum or fums of money, or any reward whatsoever, for or on account of excufing, or in order to excufe, any perfon or perfons whatfoever from quartering, or receiving into his, her, or their houfe or houses and on perfons any fuch officer or foldier; or in cafe any victualler, or any other refufing to re- perfon within his Majefty's dominions in America, liable by this act to have any officer or foldier billetted or quartered on him or her, fhall refuse to receive or victual any fuch officer or foldier fo quartered or billetted upon him or her, as aforefaid; or in cafe any perfon or perfons fhall refuse to furnish or allow, according to the directions of this act, the feveral things herein-before directed to be furnished or allowed to officers and foldiers fo quartered or billetted on him or her, or in the barracks, and hired uninhabited houfes, outhoufes, barns, or other buildings, as aforefaid, at the rate herein-after mentioned, and fhall be thereof convicted before one of the magiftrates of any one of the fupreme chief or principal common law courts of the colony where fuch offence fhall be committed, either by his own confeffion, or by the oath of one or more credible witness or witnes fes, (which oath fuch magiftrate of fuch court is hereby impowered to adminifter;) every fuch conftable, tithingman, magiftrate, or other chief officer or perfon fo offending, thall forfeit, for every fuch offence, the fum of five pounds iterling, or any fum or fums of money not exceeding five pounds, nor less than forty. hillings, as the magiftrate before whom the matter shall be heard thall in his difcretion think fit; to be levied by distress and fale of the goods of the perfon offending, by warrant under the hand and feal of fuch magiftrate before whom fuch offender

or to turn fh them with ne

ceff ries, as this act directs;

is any fum not exceeding 51.

nor less than 40$.

fhall

shall be convicted, to be directed to a conftable, or other officer, to be paid into within the village, town, township, city, diftrict, or other place, the treasury of the colony, where the offender fhall dwell; and fhall direct the faid fum of where the offive pounds, or fuch other fum as fhall be ordered to be levied fence is comin pursuance of this act, as aforefaid, when levied, to be paid mitted, into the treasury of the province or colony where the offence fhall be committed, to be applied towards the general charges of the faid province or colony.

XIV. And, that the quarters both of officers and foldiers in his Officers to Majefty's faid dominions in America may hereafter be duly paid and give notice to fatisfied, be it enacted by the authority aforefaid, That from and innkeepers. after the twenty-fourth day of March, in the year one thousand &c. of fubfiftfeven hundred and feventy-five, every officer to whom it belongs ence money in their hands; to receive, or that does actually receive, the pay or fubfiftencemoney, either for a whole regiment, or particular companies, or otherwite, fhall immediately, upon each receipt of every particular fum, which fhall from time to time be paid, returned, or come to his or their hands, on account of pay or subfiftence, give publick notice thereof to all perfons keeping inns, or other places where officers or foldiers are quartered by virtue of this act, and fhall also appoint the faid innkeepers and others to repair to their quarters at fuch times as they fhall appoint, for the diftribution and payment of the faid pay and fubfiftence-money to the faid officers or foldiers, which shall be within four days at fartheft after receipt of the fame, as aforesaid; and the faid innkeepers and others fhall then and there acquaint fuch officer or officers with the accounts or debts (if any (hall be) between them and the officers and foldiers fo quartered in their respective houses; which account the faid officer or officers are hereby required to accept of, and immediately pay the fame, before any part of the faid pay or fubfiftence be diftributed ei- and their acther to the officers or foldiers; provided the accounts exceed counts to be not for a commiflion officer of foot, being under the degree of paid off aca captain, for fuch officer's diet and small beer, per diem, one cording to the fhilling; and if fuch officer fhall have a horfe or horfes, for fiftence here each horse or horses, for their hay and straw, per diem, fixpence; established. nor for one foot foldier's diet and fmall beer, cyder, or rum mixed as forefaid, per diem, four-pence: and if any officer or officers, as relaid, fhall not give notice, as aforesaid, and not immediately, upon producing fuch account ftated, fatisfy, content, and pay, the fame, upon complaint, and oath made thereof by any two witneffes, before two of his Majesty's juftices for notice, the village, town, township, city, diftrict, or other place, where fuch quarters were, (which oath fuch juftices are hereby authorifed and required to adminifter,) the paymafter or paymasters

rates of fub.

Officers not

giving fuch

of his Majesty's guards and garrifons, upon certificate of the the accounts. faid justices before whom fuch oath was made of the fum due to be difcharg upon fuch accounts, and the perfons to whom the fame is ow- ed out of their ing are hereby required and authorised to pay and fatisfy the arrears of pay. faid fums out of the arrears due to the faid officer or officers,

C 4

upon

If no arrears

upon penalty that fuch paymafter or paymasters shall forfeit their respective place or places of paymaster, and be discharged from holding the fame for the future: and in cafe there fhall be no arrears due to the faid officer or officers, then the said are due, then paymaster or paymafters are hereby authorised and required to deduct the fums he or they fhall pay, pursuant to the certificates of the faid juftices, out of the next pay or fubfiftence-money of money of the the regiment to which fuch officer or officers fhall belong; and regiment, fuch officer or officers fhall, for every fuch offence, or for neglecting to give notice of the receipt of fuch pay or fubfiftencemoney, as aforefaid, be deemed and taken, and is hereby declared, to be ipfo facto cafhiered.

out of the fubfiftence

and the officers

to be cashired.

On nonpay

ters, for want

up the ac

counts, and give certifiCates for the fuis due.

XV. And where it fall happen that the pay or fubfiftence-money due to any officer or foldier within his Majefty's faid dominions in ment of quar- America, ball, by occafion of any accident, not be paid to fuch officer of money, the or foldier, or fuch officer or foldier shall neglect to pay the fame, fo officer to make that quarters cannot be or are not paid as this act directs; and where any forces fhall be upon their march in his Majefty's faid dominions in America, fo that no fubfiftence can be remitted to them to make payment as this act directs, or they fhall neglect to pay the fame; in every fuch cafe, it is hereby further enacted, That every fuch officer fhall, before his or their departure out of his or their quarters, where fuch regiment, troop, or company, thall remain for any time whatfoever, make up the accounts with every person with whom fuch regiment or company fhall have quartered, and fign a certificate thereof, and give the faid certificate, fo by him figned, to the party to whom fuch money is due, with the name of fuch regiment or company to which he or they hall belong, to the end the faid certificate may be forthwith transmitted to the paymafter of his Majefty's guards and garrifons, who is hereby required immediately to make payment thereof to the person or perfons to whom fuch money fhall be due, to the end the fame may be applied to fuch regiment or company refpectively, under pain as before in this act directed for non-payment of quarters. XVI. And for the better preventing abufes in quartering or billetting the faldiers in his Majefty's dominions in America in pursuance of this act, be it further enacted by the authority aforefaid, That it hall and may be lawful to and for any one or more justices of the peace, or other officer, within their refpective villages, towns, townships, cities, diftricts, or other places, in his Majefty's faid dominions in America, by warrant or order under his or their hand and feal, or hands and feals, at any time or times during the continuance of this act, to require and command any conftable, tithingman, magiftrate, or other chief officer, who fhall quarter or billet any foldiers in purfuance of this act, to give an account in writing unto the faid juftice or juftices, or other officer requiring the fame, of the number of officers and foldiers who fhall be quartered or billetted by them, and also the names of the housekeepers or perfons upon whom, and the barracks and hired uninhabited houfes, or other buildings, as aforefaid,

Juftices may demand an account of

quartering of the officers

and foldiers, in order to pre

vent and remedy abufes in quartering.

forefaid, in which and where every fuch officer or foldier shall be quartered or billetted, together with an account of the street or place where every fuch housekeeper or perfon dwells, and where every fuch barrack or hired uninhabited house or building is or are, and of the figns (if any) which belong to their houses, to the end that it may appear to the faid juftice or juftices, or other officer, where fuch officers or foldiers are quartered or billetted, and that he or they may thereby be the better enabled to prevent or punish all abuses in the quartering or billetting them.

orders receiv¬

on their

XVII. And be it further enacted by the authority aforefaid, Juftices, in That, for the better and more regular provifion of carriages for purfuance of his Majefty's forces in their marches, or for their arms, clothes, ed, are to iffue or accoutrements, in his Majesty's faid dominions in America, orders to conall justices of the peace within their feveral villages, towns, ftables to protownships, cities, diftricts, and places, being duly required vide carriages thereunto by an order from his Majefty, or the general of his for the troops forces, or of the general commanding, or the commanding of- march. ficer there, fhall, as often as fuch order is brought and fhewn unto one or more of them by the quarter-master, adjutant, or other officer of the regiment, detachment, or company, fo ordered to march, iffue out his or their warrants to the constables, tithingmen, magiftrates, or other officers of the villages, towns, townships, cities, diftricts, and other places, from, through, near, or to which fuch regiment, detachment, or company, fhall be ordered to march, requiring them to make fuch provifion for carriages, with able men to drive the fame, as fhall be mentioned in the faid warrant, allowing them reafonable time to do the fame, that the neighbouring parts may not always bear the burden; and in cafe fufficient carriages cannot be provided within any fuch village, town, townihip, city, diftrict, or other place, then the next justice or justices of the peace of the village, town, township, city, diftrict, or other place, fhall, upon fuch order as aforefaid being brought or fhewn to one or more of them, by any of the officers as aforefaid, iffue his or their warrants to the conftables, tithingmen, magiftrates, or other officers of fuch next village, town, township, city, district, or other place, for the purposes aforefaid, to make up fuch deficiency; and fuch conftable, tithingman, magiftrate, or other officer, fhall order or appoint fuch perfon or perfons, having carriages within their respective villages, towns, townships, cities, diftricts, or other places, as they fhall think proper, to provide and furnish fuch carriages and men according to the warrant aforefaid; who are hereby required to provide and furnish the fame accordingly.

XVIII. And be it further enacted, That the pay or hire for a Rates for carNew York waggon, carrying twelve hundred pounds cross riages. weight, fhall be seven pence fterling for each mile, and for every other carriage in that and every other colony in his Majesty's faid dominions in America, in the fame proportion; and at or after the fame rate or price for what weight every fuch other

car