MUTINY ACT DESER To encourage any person to fecure deferters, the perfon apprehending and fecuring, or caufing to be apprehended and fecured, any deferter or deferters, is declared entitled to the reward of 20s. to be paid him by the collector or colReward for lectors of the land-tax money of the parish where the deferter apprehend. ing defert- is apprehended, and for which the justice is to issue his warrant to fuch collector. TION. ers. PERSONS harbouring, concealing, or affifting, any deferter, are to forfeit 51.; and those who shall, knowingly, buy or receive from any foldier, or deferter, any arms, clothes, furniture, &c. belonging to the king, or change the colour thereof, fhall alfo forfeit gl.; and, on conviction, by the One juftice. oath of one witnefs, befofe one juftice, the faid penalties fhall be levied by diftrefs; one moiety of either penalty to be paid to the informer, and the other to the officer to whom fuch foldier or deferter did belong: And if any person, fo tranfgreffing as above, fhall not have fufficient for the dif trefs, or fhall not pay the penalty in four days after conviction, the justice may commit him to the common gaol for three months, or cause him to be publicly whipped. ** One witnefs. No officer, however, may break open any house to search for deferters without warrant from a juftice of peace; and whoever, without warrant from one or more juftices, forcibly enters the dwelling houfe, or out houses, of any person whatsoever, under pretence of fearching for deferters, is upon due proof thereof, to forfeit the fum of 201. By the act 1 Geo. I, ft. 2, c. 47, it is enacted, that any perfon or persons whatsoever, who fhall, directly or indirectly, perfuade or procure any foldier, or foldiers, in the fervice of his majesty, or of his heirs and fucceffors, to defert, fuch perfon or perfons, fo offending, and being thereof lawfully convicted, shall forfeit the fum of 40l. The mutiny acts ordain the penalties enacted for offences against this statute of Geo. I, to be fued for in any of the courts at Weftminster, if in England: For the like offences in Scotland, the penalties must be fued for in the court of exchequer there; and, in Ireland, they may be fued for in any of the four courts at Dublin. If the offender shall not have goods worth 401. or if, from the circumstances of the crime, it shall be thought proper, the offender may be awarded to prifon for a space not exceeding fix months, and may be ordained to ftand on the pillory one hour.. LOUGHS. As foldiers, abfent from their regiments on furlough grant--rued to them by their commanding officer, are fometimes prevented by fickness, or other unavoidable cafuality, from re- A justice turning to their duty before the expiration of the time limit- may proed by fuch furlough, it is therefore enacted, that any juftice furlough. long the of the peace may grant, in writing under his hand, an extenfion of furlough to any non-commiffioned officer or foldier, applying for the fame, on account of fickness or other cafualty, which, to fuch juftice, fhall, on due inquiry, appear to render fuch extenfion neceffary; and that fuch non-commiffioned officer or foldier during the period to which his furlough shall have been fo extended as aforefaid, by a justice of the peace, fhall not be liable to be apprehended, or otherwife molefted, on the ground of his having deferted or abfented himself from the regiment. 1 BUT fuch non-commiffioned officer or foldier may be proceeded against and punished according to the provifions of the mutiny act, fhould it thereafter appear that fuch noncommiffioned officer or foldier had obtained the extenfion of his furlough by falfe reprefentation made to the justice of the peace, or, in applying for and obtaining the fame, had committed any offence to the prejudice of good order or military difcipline. $ 3. III. THE quartering of foldiers is, for the first time, QUARTER- mentioned in the act of convention 1667, which, notwithSOLDIERS, ftanding its ftrong expreffions of zeal, and even the dread of ING OF AND CAR RIAGES. invafion, gives no liberty to quarter the foldiers on any perfon against his will, allows no free lodging or free quarters of any kind, not even upon innkeepers or publicans, but makes the moft anxious provifion for fecuring the subject against being put to any diftrefs or inconvenience from the foldiery. This is provided for ftill more explicitly by the the act 1681a, c. 3. But abufes having been renewed in the arbitrary reign of James VII, this matter, fo carefully attended to in England, was not overlooked by the states of Scotland, when adjusting the terms by which the crown was to be fettled anew at the Revolution. Accordingly, by the claim of right in April 1689, it is declared, that one of the modes by which king James had violated the fundamental and constitutional laws of the land, was by levying or keeping on foot a standing army in time of peace, without confent of parliament; which army did exact locality, free a This ftatute, upon a recital of the last act of convention, and the many troubles and inconveniencies which arife from the tranfient or free quartering of foldiers, and from the localities for furnishing and carrying of corn, straw, or grafs, to foldiers horfes, doth discharge and prohibit all free quartering of the foldiers, either tranfient or local, and all localities for furnishing and carrying corn, ftraw, hay, or grafs, to foldiers horfes, and that from the 1ft day of November next in the inftant year 1681, the quartering and locality always betwixt and the faid 1ft day of November being paid or allowed, conform to the faid act of convention; and in cafe any officers or foldiers fhall exact any free quarter, or any fuch locality thereafter, the damage being inftructed before any two commiflioners for the fapply or excife, upon production of a certificate thereof under their hands; the officer being required, under form of inftrument, to give redress to the party, and not doing the fame, shall lofe a month's pay, to be paid to the party injured by the collector of the cefs of excife in the fhire, by and attour faid damage, which fhall be allowed to him by the general receiver. And this punishment to be extended to any quartering for deficiency, which fhall be used or exacted other ways than is preferibed. QUARTER and dry quarters. And it is declared, that the fending of $3. an army, in a hostile manner, upon any part of the country, ING AND in time of peace, and exacting locality, or any manner of CARRIAGES, free quarters, is contrary to law. THE act of convention 1689, c. 32, and act of parliament 1690, c. 6, contain the same provifion, and again declare, that all officers and foldiers, horfe, dragoons, and foot, fhall make due and punctual payment of their quarters, local and tranfient, as the fame fhall be appointed by the forefaid commiffioners, according to the rates of the country;" and in cafe the foldiers do not pay for their quarters, the fame regulations are laid down as in the former acts of convention. THE act 1693, c. 4, entitled, against falfe musters and free quarters, approves and confirms an act of privy council, of date the 14th of February 1693; and farther provides, By this act of privy council, all free quartering of foldiers in tranfient or local quarters, and all localities for furnishing or carrying corn, ftraw, hay, or grafs, to foldiers horfes, are ftated as expressly prohibited by feveral acts of parliament formerly made, and the abuses thus remedied, which had been committed upon the fubjects by the illegal exaction of locality or free quarter; and, to prevent the like in future, the act ordains, that due and timeous provision be made of oats, straw, and grafs, for foldiers horfes, in their respective tranfient quarters; and that timely notice be given by all commanding officers, to the commiffary general, of the removal of the troops to and from local quarters, and of the route Vol. II. appointed for their march, that pro- If the march be fudden, or such as The commanding officer in any place of local or tranfient quarters, is to fee the whole meat and drink, furnifhed to officers and foldiers under his command, by the landlords of their quarters, exactly and completely paid, at the ordinary rates o the country; and, in cafe there shall be any exaction, or discharge of free quarters extorted, or any abatement demanded below the ordinary rates, Rr § 3. that, in the cafe of either local or tranfient quarters, where QUARTER due payment is not made by any officer or foldier, or where ING AND CARRIAGES. or any other abufe committed, the commanding officer is required to make ready money payments, once every week at fartheft, in local quarters, and in tranfient quarters before removal, if the troops stay shorter time than a week, and that under pain of being cahiered and broken. The party injured is to complain the privy council, or to the fheriff, or to the bai• lie of regality, or bis depute, or the stewart of the fiezvartry, or bis depute, or to any two commiffioners of fupply of the bounds and fire where the offence is committed, who, or either of whom, are required to receive the fuid complaints, and tranfmit them to the clerks of the privy council, within ten days after they are made, under pain of being liable to repair the party injured themselves; and thefe complaints are to be pursued by the king's advocate and folicitor, at the public charge; or, if any private party choose to pursue them, his expences are to be reimbursed; the whole expences, in both cafes, being ultimately deducted from the officer's pay against whom the complaint is made and verified. If an inferior officer tranfgreffes in this refpect, he is to be cafhiered and broken; if a non-commiffioned offcer, by the perfon commanding in chief, or to be fufpended by him, if a commiffioned one; the commanding officer immediately reprefenting the fame to the privy council, who may give orders for cafhiering fuch commiflioned officer. The complaint must be made to the commanding officer within eight days after a week's quarters are refting, or other abufes committed, and, in tranfient quarters, before removal, otherwise the commanding officer fhall be free; without prejudice, however, to the landlords, and others, of the legal means of recovery. It is fufficient evidence that complaint bas been made to the commanding officer, if the fame be made to "him in the presence of a magiftrate within "borough, a juftice of peace, or two toilnefes. No difcharges fhall be fufficient for exonering the officers and foldiers, and inftructing the payment of their quarters, unless fubscribed by the mafter of the ground, or his chamberlain, or the officer of the ground, before two witneffes, or a magiftrate within borough. ~Officers and foldiers are stríðly prohibited from keeping or feizing horfes for their own private ufe; and the penalty of tranfgreffion is made to be a month's pay, upon complaint brought and inftructed as aforefaid. Where horses are necessary for carriage, they may be employed, if furnifhed within borough, by order of the commander of the party, and the magiftrates, jointly; and, if in landward, by order of the faid commander, and any one of the commiffioners of fupply within the fhire. The rates to be paid for each day that the faid horfes fhall travel, are, three fhillings Scots for each two miles to the man and horfe; and for each day that they do not travel, fix fhillings Scor to the man, and as much for the horfe, the man being obliged to provide himself and the horse. These expences are to be paid by the magiftrates of the borough, if the horses |