carriage fhall carry; and that the firft day's pay or hire for every fuch carriage fhall be paid down by fuch officer to fuch conftable, tithingman, magiftrate, or other civil officer, who shall get or procure fuch carriages for the ufe of the owner or owners thereof; and the pay or hire for every fuch carriage after the first day, fhall be paid every day, from day to day, by fuch officer as aforefaid, into the hands of the driver or drivers of fuch carriages refpectively, until fuch carriages fhall be discharged from fuch fervice, for the use of the owner and owners thereof. XIX. Provided always, and be it further enacted, That no Carriages not obliged to car- fuch waggon, cart, or carriage, impreft by authority of this act, fhall be obliged or liable, by virtue of this act, to carry above twelve hundred weight, any thing herein contained to the contrary notwithstanding.

ry above 12

cwt.

Nor to travel above one

day's march, unless other carriages can

not be procured.

Penalty on conftables, &c. neglecting to provide carriages.

Colony to re

XX. Provided alfo, That no fuch waggon, cart, or carriage, fhall be obliged to travel more than one day's march, if within that time they fhall arrive at any other place where other carriages may be procured; but in cafe other fufficient carriages cannot be procured, then fuch carriages fhall be obliged to continue in the fervice till they fhall arrive at fuch village, town, township, city, diftrict, or other place, where proper and sufficient carriages for the fervice of the forces may be procured.

XXI. And be it further enacted by the authority aforefaid, That if any conftable, tithingman, magiftrate, or other civil officer, within his Majefty's dominions in America, thall wilfully neglect or refufe to execute fuch warrants of the justices of the peace as fhall be directed to them for providing carriages, as aforefaid; or if any perfon or perfons appointed by fuch conftable, tithingman, magiftrate, or other civil officer, to provide or furnish any carriage and man, fhall refufe or neglect to provide the fame, or any other perfon or perfons whatsoever shall wilfully do any act or thing whereby the execution of the faid warrants may be delayed, hindered or fruftrated; every fuch constable, tithingman, magiftrate, civil officer, or other perfon fo offending, fhall, for every fuch offence, forfeit any fum not exceeding forty fhillings fterling, nor less than twenty fhillings, to be paid into the treasury of the province where any fuch offence shall be committed; to be applied towards the aforefaid contingent charges of the province: and all and every fuch offence and offences, and all and every other offence and offences in this act mentioned, and not otherwife provided, fhall and may be enquired of, heard, and fully determined, by two of his majesty's justices of the peace, dwelling in or near the village, town, township, city, diftrict, or place, where fuch offence thall be committed, who have hereby power to caufe the faid penalty to be levied by diftrefs and fale of the offenders goods and chattels, rendering the overplus, if any, to the owner.

XXII. And whereas the allowance hereby provided for the payment pay the extra of the carriages that may be neceffary in the marching of troops may not be a fufficient compenfation for the fame, and to fatisfy the conStables, tithingmen, magiftrates, and other civil officers, their charges

expences of carriages.

and

and expences therein; for remedy whereof, be it further enacted by the authority aforefaid, That the conttables, tithingmen, magiftrates, and civil officers procuring fuch carriages, fhall pay a reasonable expence or price for every carriage fo procured; and that every fuch conftable, tithingman, magiftrate, civil officer, or other perfon, fhall be repaid what he or they fhall fo expend, together with his or their own charges and expences attending the fame, by the province or colony where the fame fhall arise.

XXIII. Provided always, and be it further enacted by the Where carriauthority aforefaid, That where it fhall be neceffary to take ages fhall be waggons or other carriages for long marches, beyond the fettle- neceffarily provided for ments, an appraisement shall be made of the value of fuch horfes long marches and carriages, at the time of the taking them up to be employed beyond the in fuch marches beyond the fettlements, by two indifferent perfettlements, fons, one to be chofen by the commanding officer of fuch forces, the horses and and the other by the owner of fuch cattle or carriages, a certi- fairly appraifficate of which appraisement fhall be given to the owner or ed; owners of fuch cattle or carriages refpectively: and in cafe any and if loft or of the cattle or carriages, fo taken up for fuch service, fhall, in destroyed, to the execution thereof, be loft or deftroyed; that then, and in be paid for every such case, upon producing the faid certificate, and proper certificate. according to vouchers, upon oath, of fuch lofs or deftruction, to the paymafter general of his Majefty's guards and garrifons, the faid paymafter fhall, and he is hereby required to pay to the refpective owners of fuch cattle or carriages the fums fpecified in fuch certificates and vouchers to be the value of fuch cattle or carriages fo loft or destroyed.

XXIV. And whereas feveral foldiers being duly inlifted in his Deferters may Majefty's fervice, do often defert fuch fervice; for remedy whereof, be apprehendbe it further enacted by the authority aforefaid, That it shall and ed,

be lawful to and for the conftable, tithingman, magistrate, may or other civil officer, of the village, town, township, city, diftrict, or place, within the faid dominions in America, where any perfon who may be reasonably fufpected to be fuch deferter shall be found, to apprehend, or caufe him to be apprehended; and to caufe fuch perfon to be brought before any justice of the peace, or other chief magiftrate, living in or near fuch village, town, township, city, district, or place, who hath hereby power to examine fuch fufpected perfon; and if by his confeffion, or and committhe teftimony of one or more witness or witneffes upon oath, or ted; the knowledge of fuch juftice of the peace, or other magiftrate, it (hall appear or be found that fuch fufpected perfon is a lifted foldier, and ought to be with the regiment or company to which he belongs, fuch juftice of the peace, or other magistrate, shall forthwith caufe him to be conveyed to the gaol of the village, town, township, city, diftrict, county, or place, where he thall be found, or to the house of correction, or other publick prison, in fuch village, town, township, city, diftrict, county, or place, where fuch deferter fhall be apprehended, and tranfmit an ac count thereof to the commander in chief of his Majesty's forces in the faid dominions in America, or to the commanding officer

of

of the forces posted nearest to fuch justice or justices, or other magiftrate or magiftrates for the time being, to the end that gaoler to re- fuch perfon may be proceeded against according to law: and the Geive their gaoler or keeper of fuch gaol, house of correction, or prison, fubfiftencehall receive the full fubfiftence of fuch deferter or deferters, dumoney, for maintenance, ring the time that he or they fhall continue in his cuftody, for the maintenance of fuch deferter or deferters, but shall not be intitled to any fee or reward on account of the imprisonment of fuch deferter or deferters, any law, ufage, or custom, to the contrary notwithstanding.

but no fee for their imprisonment.

Penalty on perfons harbouring deferters;

or buying foldiers arms or cloachs, &c.

Perfons per

fuading foldiers to defert, to forfeit 401.

XXV. Provided always, That if any perfon fhall harbour, conceal, or affift, any deferter from his Majefty's fervice, within his Majesty's faid dominions in America knowing him to be fuch, the perfon fo offending shall forfeit, for every fuch offence, the fum of five pounds; or if any person shall knowingly detain, buy, or exchange, or otherwife receive, any arms, cloaths, caps, or other furniture, belonging to the King, from any foldier or deferter, or any other perfon, upon any account or pretence whatsoever, within his Majefty's dominions in America, or cause the colour of fuch cloaths to be changed; the perfon fo offending fhall forfeit, for every fuch offence, the fum of five pounds; and upon conviction upon the oath of one or more credible witness or witneffes, before any of his Majefty's juftices of the peace, the faid refpective penalties of five pounds, and five pounds, fhall be levied by warrant under the hands of the faid juftice or juftices of the peace, by distress and fale of the goods and chattels of the offenders, one moiety of the faid first-mentioned penalty of five pounds to be paid to the informer by whofe means fuch deferter fhall be apprehended, and one moiety of the faid laft-mentioned penalty of five pounds to be paid to the informer, and the refidue of the faid refpective penalties to be paid to the officer to whom any fuch deferter or foldier did belong and in cafe any fuch offenders, who fhall be convicted as aforefaid of harbouring or affifting any fuch deferter or deferters, or having knowingly received any arms, cloaths, caps, or other furniture, belonging to the king; or having caufed the colour of fuch cloaths to be changed, contrary to the intent of this act, shall not have fufficient goods and chattels whereon diftrefs may be made to the value of the penalties recovered against him for fuch offence, or fhall not pay fuch penalties within four days after fuch conviction; then, and in fuch cafe, such justice of the peace hall and may, by warrant under his hand and feal, commit fuch offender to the common gaol, there to remain without bail or mainprize for the fpace of three months, or caufe fuch offender to be publickly whipt, at the difcretion of fuch justice.

XXVI. And whereas evil difpofed perfons frequently endeavour to delude his Majesty's good fubjects who have engaged themselves as Soldiers in the fervice of his Majefty and their country, and to prevail with them to defert the fame; for remedy whereof, and for the more effectual and exemplary punishment of offenders in that behalf, within

bis Majefty's colonies and plantations in America, be it further enacted by the authority aforefaid, That if any perfon or perfons whatsoever, (other than fuch as are or fhall be inlifted as foldiers, against whom fufficient remedy is already provided by law,) fhall, by words, or other means whatfoever, directly or indi rectly, perfuade or procure any foldier or foldiers in the service of his Majefty, his heirs or fucceffors, within any of the said colonies or plantations, to defert or leave fuch fervice, or fhall go about and endeavour, in manner aforefaid, to perfuade, prevail, or procure, fuch foldier or foldiers to defert or leave fuch service as aforefaid, and being thereof lawfully convicted, thall, for every fuch offence, forfeit to his Majefty, his heirs and fucceffors, or any other person or perfons who fhall fue for the fame, the fum of forty pounds; to be recovered by bill, plaint, or information, in any of his Majefty's courts of record within the province or place where the offence fhall be committed, wherein no effoin, protection, or wager of law, fhall be allowed; and if it thall or fuffer fix happen that fuch offender, fo convicted as aforefaid, fhall not months imprihave goods or chattels, lands or tenements, to the amount or difcretion of fonment, at the value of the faid fum of forty pounds, to pay and fatisfy the faid the court. penalty, or that from the circumftances or heinoufnels of the crime it fhall be thought proper and convenient, the court before which the faid conviction fhall be made as aforefaid shall award the faid offender to prifon, there to remain for any time not exceeding fix months, without bail or mainprize, and also to ftand in the pillory for the space of one hour, in fome market town next adjoining to the place where the offence was committed, in open market there, or in the market town itself where the fact was committed.

XXVII. Provided always, That no fuch action fhall be When actions brought, or profecution carried on, by virtue of this act, unless may be comthe fame be commenced within fix months after the offence menced. committed.

XXVIII. And be it further enacted, That no commiffion of- Penalty 201 if ficer shall break open any house within his Majefty's dominions any officer break open a in America, to fearch for deferters, without warrant from a justice houfe to fearch of the peace, and in the day-time; and that every commiffion for deferters officer who fhall in the night, or without warrant from one or without warmore of his Majefty's juftices of the peace, (which faid warrants rant. the faid juftice or juftices are hereby impowered to grant,) forcibly enter into, or break open, the dwelling-house or outhoufes of any person whatfoever, under pretence of fearching for deferters, fhall, upon due proof thereof, forfeit the fum of twentypounds.

any offences

XXIX. And whereas feveral crimes and offences have been and Perfons not may be committed by feveral perfons not being foldiers, at feveral forts being foldiers or garrifons, and feveral other places within his Majesty's dominions committing in America, which are not within the limits or jurifdiction of any in any fort or civil government there hitherto established, and which crimes and of- garrifon, &c. fences are not properly cognizable or triable and punishable by a courtmartial, but by the civil magistrate, by means whereof feveral great

vernment,

and being
charged on
oath with the

offence,
may be com-
mitted to fafe
cuftody till
delivered over

not within the crimes and offences may go unpunished, to the great fcandal of governjurifdiction of for remedy whereof, be it enacted by the authority aforeany civil go- faid, That from and after the twenty-fourth day of March, in the year one thousand seven hundred and feventy-five, and for fo long afterwards as this act fhall continue in force, if any perfon or perfons, not being a foldier or foldiers, do or shall commit any crime or crimes, or offence or offences, in any of the faid forts, garrifons, or places, within his Majesty's dominions may be appre- in America, which are not within the limits or jurisdiction of hended; any civil government hitherto established, it fhall and may be lawful for any person or perfons to apprehend fuch offender or offenders, and to carry him, her, or them, before the commanding officer for the time being of his Majesty's forces there; and fuch offender being charged upon oath, in writing, before the faid commanding officer, and which oath the faid commanding officer is hereby impowered to adminifter, that then, and in every fuch cafe, the faid commanding officer fhall receive and take into his cuftody, and fafely keep every fuch offender, and fhall convey and deliver, or caufe to be conveyed and delivered, with all convenient speed, every such offender to the civil magiftrate of the next adjoining province, together with the cause of his or her detainer, to be committed and dealt with by such civil magiftrates or magiftrate according to law; and every such civil magiftrate is hereby commanded and required to commit every fuch offender, that he or she may be dealt with according to law; and in every such case, it fhall and may be lawful to profecute and try every fuch offender in the court of such province or colony where crimes and offences of the like nature are ufually tried, and where the fame would be properly tried, in cafe fuch crime or offence had been committed within the jurif diction of fuch court; and fuch crime fhall and may be alledged to be committed within the jurisdiction of fuch court; and fuch court shall and may proceed therein to trial, judgement, and execution, in the fame manner as if fuch crime or offence had been really committed within the jurisdiction of fuch court, any law, ufage, custom, matter, or thing whatfoever, to the contrary notwithstanding.

to the civil magistrate.

Suits in what

courts to be prosecuted.

How the troops are to pay in paffing

fèrries.

XXX. And be it further enacted by the authority aforesaid, That every bill, plaint, action, or fuit, against any perfon or perfons, for any act, matter, or thing, to be acted or done in pursuance of this act, or the faid other in-part recited act, in any of his Majesty's dominions in America, fhall be brought and profecuted in and before fome principal court of record in the colony where fuch matter or thing fhall be done or committed; and in case the fame (hall not be done or committed within the jurisdiction of any fuch court, then in the court of the colony next to the place where the fame fhall be done and committed, and in no other court whatsoever.

XXXI. And be it further enacted by the authority aforefaid, That where any troops or parties upon command have occafion in their march, in any of his Majefty's dominions in

Ame