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But if any such officers shall force any horse, carriage, boat, IVtulijr on of. barge or other vessel, to proceed beyond the distance specified r'';cts '"rcing in such warrants without the special licence or order of oue''"""v4"1' , or more oilier such justices of the peace, and winch such juiti. the distoiij« cesarw to give at their reasonable discretion, every such officer specified in shall forfeit five pounds, proof thereof being made npou oath W!,rr>'"« wit1'" before two justices who are to certify the same to the payiaas. out ll0t"0C' ter general, who is to pay the said five pouuds, according to the order under the hands aud seals of the aforesaid justices, and who is to deduct the same out of such officer's pay. i. 57.

No waggon, wain, cart, or carriage, impressed by authority Wagcm not to of this act, shall be obliged to carry above thirty hundred wejghU'carrj abuvc30 s. 58. c»t.'

And if any high constable, or petty constable, shall wilfully I'enaltyonconneglect or refuse, to execute such warrants of the justices, or st«bl«t, &v. for shall demand or receive for the use of the owners morn tJuu110' , the accustomed rates per mile, of one shilling, nioc-pcuce, or sixpence,according to the size of the carriages, unless any furthsr sums, not exceeding the amount herein before specified, shall have been previously ordered by the justices at any general sessions or if any person appointed by such constable to provide, any carriage, man, horse, boat, barge, or other vessel, shall refuse or neglect to provide the same; or if such person or any other person whatsoever, shall wilfully do any act whereby the execution of the said warrant shall be hindered, every such constable, or other person so oll'eudiug, shall forfeit not exceeding five pounds, nor less than forty shilliugs, to the . use of the poor of such parish adjoining to the parish where such offence shall bo committed, as shall be fixed upon by the justice by whom such offence shall be hoard, and every such offence may be enquired of, heard and finally determined, by any onejusticeof the peace, dwelling in or near the placu where sueh otlcnce shall be committed; who has power to cause the said penalty to be levied by distress and sale, rendering the overplus (if any) to the owners. 59.

Aud by 1H Geo. 3. c. 03, no toll shall be demanded or taken Cnrriagoi to by Tirtue of any act made lor repairing any public roads within P5" this kingdom, for horses belonging to officers or soldiers upon their march, or upon duty: or ' for any horses, cattle, or 1 carriages, employed in carrying the arms or baggage of such 1 officers or soldiers;' or in carrying any sick, wounded, or disabled officers or soldiers; and no carriages so employed shdli be subject to be weighed by any engine, nor the owner or driver liable to any penalty or forfeiture for overweight.

And all bis majesty's officers and soldiers and their horses, Offiren end on duty, or on their march, and all carriages and horses belong. •i>ldies»,4Ec.on hT)ft6Ms majesty, or emi toyed in his service, and returning ,'.BtJr' all<1 c;ir" therefrom, or employed iu his service, when conveying tlie"*81,5"


— ■———■— i »

* But in respect to the marine forces uo such carriage is obliged to <wrj above 20 cwt,


p*} n.pill of

toll*. of or belonging to his majesty's forces on their marches, or

returning therefrom, shall be exempted from payment of any dntie* and tolls, otherwise dcmandable by virtue of any act of parliament already made, or hereafter to be made, for passing turnpike roads or bridges, unless by such act it has been or shall be expressly provided that they shall be liable equally with others to the duties and tolls, s. 60.

but nothing herein shall exempt from the payment of toll any boats, barges, or other vessels employed along any canal, but the same shall be liable to toll in like manner as other boats, barges and vessels s. 60. Tte usurer of 'And as the sums to be paid to the constables by tjfe county to < the officers demanding carriages, may not in many rases be 'f'bf' '''*lrr°''"' sufficient to answer (he charge and ex pence of providing the dinury •beige.-"' same to 'he great burthen of ihe township, or else the per'sons providing such carriages are grievously oppressed :' it is enacted that the treasurer of each county shall, without fee pay unto such constable all reasonable sums of money, by him paid for such cariiages, horses, boats, barges, and other vessels » over and above wbat ought to have been paid by the officer

out of the publ c sto< k according to such ra'es, as the justices in their quarter s(ssions shall appoint, (which orders shall be made without fee) regard being always had to the season of the year, and the length and condition of the ways. s. 61. The money for And in ease the said public stock be not sufficient (over and thi.t purpose above the other purposes for which it was raised) to satisfy *?wlP M """such extraordinary charge, the said justices in their general quaiter sessions, shall from time to time, raise monies upon the k respective counties in such manner as they now raise monies

for county gaols and bridges, to satisfy the said extraordinary charge, s. 62.

VII. Dtserling. Cou<tnMc<may And it shall be lawful for the constable, hcadborough, or tpprehend fit-tythingman of the place, where any person reasonably sosfcrtcrs. peeled to be a deserter shall be found, or for any officer or sol

dier in his majesty's service, to apprehend him and cause him to be brought before a justice of peace living near; and if by Confession, or the testimony of one witness upon oath, or by • tilt knowledge of such justice, it shall appear that such per| sou is a listed soldier, and ought to be with the troop or company, Mich justice shall cause him to be conveyed to the gaol ; pf the county, or place, or'house of correction, or to tbcSinoy incase suihdi seller be apprehended in London or IVettmin,tterf or places adjacent, and transmit an account thereof to the s<creiary at war*, and the keeper of such gaol shall rer ceive Ihe subsidence ol such deserler, during the time heshjl! centime in custody, as by his majesty's regulations is

* Wben it is a marine that is apprehended, this notice is tobfsenltf the secretary of the admiralty.

rectedj and shall be entitled to for every 21 hours imprisonment of such deserter, s. 73.

And the keeper of every gaol, house of correction, or other prison of the place at which the party conveying such deserter shall halt on the march, shall roc'ire and conli'ic every deserter delivered into his ch.iige by any nou-commissioned officer or soldier, who shall be carrying such deierrer, under any la.vful warrant, without any other warrant than the production of the warrant of the justice, on which such deserter shall have been, taken, and shall be entitled to one shilling on account of the imprisonment of the said deserter, s. *3.

And such justice shall also issue his warrant to the collectors Uew.tril for »pofthc land-tax of the parish where such deserter shall be ap.prchenrting dejirehended, (>c paying out of the land-tax, to the person who'"'<■'"• shall apprehend any deserter, 20>. for every deserter so apprehended, s. 74.

Also if an , person shall harbour, conceal, or assist any Penalty on deserter, knowing him to be such, he shall forfeit for every harbouring de. such offence 20/. and upon conviction, by the oatu of one \vit-s*rtcrsness, before any jistiee of peace, the said penalty of 2 >l. s!iall be levied by warrant of the said justice by distress and sale of goods, one moiety to the informer, and the residue to the officer to whom such soldier did belong: and in case , any offender convicted of harbouring or assisii.ig any deserter, shall not have sufficient goods, or shall not pay such penalties within four days after conviction, the justice shall by warrant commit such offender to the common gaol for sis months. *. 85.

Also, if any person shall know ingly detain, buy, or ex-penal(T on ^

change, or otherwise receive from any soldier or deserter, or sons receiving

any other person, upon any account or pretence whatsoever3")' »rnu.

any arms, clothes, caps, or other furniture, belonging to the0'','1,1"5' &c- a{ i- ;i • i u .u •■ .soldiers or

King, or any meat, dr.nik, beer, or other provision, provideddsserterj &c

under any regulations relating thereto, or any such articles belonging to any soldier or deserter, as are generally deemed Tegmental necessaries according to the custom of fie army, being provided for the soldier, and paid for by deductions out of his pa), or cause the colour of any such clothes to be changed, the person so oiiending shall forfeit five pounds, s. So.

Or if any persun shall buy or receive any oats, hay, straw,And on persons or other forage, provided for the use of any horse, belonging to1"1?'1"? or 'eiis majesty's service, from any dragoon or other soldier, know-?,!'vl"K u"t*» inghinito be such,or shall move,procure,counscl,solicitor entice provided'"!*48' any dragoon or other soldier, knowing him to be such, to sellorhi:, majajtyj otherwise dispose of any such oats, hay, straw, or other forage as'fi'ice. atoresaid, ln<; person Mo offending slf.ilI forfeit for every such ofiencc the sum ot hve pounds, s. 85.

And upon conviction by the oath of one credible witness before any justice of the peace, the said penalties of live pouuds, wd hve pounds shall be levied by warrant undir the hand of sutn justice by distress and sale, and one moiety of tiielirst, aud aisy 0f the last mentioned penalty of five pounds, shall bo paid to the informer, and the residue of the Said penalties t»

the officer to whom such deserter did belong; and in case anjr such offender shall not have sufficient goods whereon distress may be made, or shall hot pay such penalties within four days after conviction, then such justice shall, by warrant under, his hand and seal, either commit such offender to the common gaol for three months, or cause such offender to be publicly or privately whipt at the discretion of such justice. J. 85. Penalty on of- iJtit no commission officer shall break open any house to ftc r breaking SCgrcj| for deserters, wiilioat warrant from a justice of the w?tl"iut war- peace; and every commission officer who shall without war. taut. rant from one justice, break open the dwelling house or

outhouses of any person whomsoever, under pretence of searching for deserters, shall forfeit twenty pounds, 86. Justices mny And as soldiers absent from their regiments on furlough grant an emeu- granted to them by their commanding oj/icers, are sometimes 910,1 of f"^1^ prevented by sickness, or other unavoidable casualty from re miw'i^ii'ej'offii- turning their duty before the expiration of the time limited cer ur soldier by such furlough, and doubts have arisen whether, in such cu<cs applying for the extension of a soldier's furlough by a justice of the peace, tie- sain- »n be sanctioned by lega! authority, it is enacted, That a:iy jus.

jKsti"&c" '"*'ce oi t'ie I,eace may grjnt> writing under his hand, an extension of furlough to any non.commission, d officer Oi soldier applying for the same, on account of sickness, or other casualty, and such non-commissioned officer or soldier, during tie period to w hich his furlough shall haTe been extended, stall not bj' liable to be apprehended on the ground of bjving deserted: But nothing in this act shall-exempt any noii-i oaiinissioned officer or soldier, whose fur! on s-h shall have been so extended from being proceeded against according to this act, should it t'uenaftei appear that he obtained the extension hy false representation made to the justice, or, iu applying for and ob* taining the same, had committed any offence to the prejudice of good order and military discipline, s. 87. penalties on And if any peisou siiall, in any part of his majesty's doBUsuM'i'ii* n'ons> directly or indirectly persuade or procure any soldier •licrs'to ciVert to desert, every such person being thereof lawfully convicted, &c. shall, lor every ^such offence, forfeit to his majesty, or any

other person, who shall sue for tho same, one hundred pounds; and if it shall happen that any sucii offender so convicted, hath pot any goods and chattels, lands or tenements to the value of one hundred pounds, to pay the same, or if from the cir. and heinousncss of the crime it shall appear to the court, before which the said conviction shall be made, thatany such forfeiture is not a sufficient punishment for such offence, it shall be lawful for such court to commit such offender to prison, there to remain for not exceeding twelve months,' and also to stand in the pillory for cue hour, in some market town Dci; adjoining to the place where the offence was committed in open market there, or in the market town itself where tlw said offence was committed, s. 1U0.

And all penalties by this act impospd, for persuading or Manner ot snprocuring any soldier to desert, may be sued for in any court of "IR for.PellI1,recnrd; any thing contained in the act passed in the first year 1" "^nducm^" of king Geo. 1. e. 47, to the contrary thereof in anywise not- soldiers to <lcwitHstanding. s. 101. wrt.

But no soch action shall be brought, Op prosecution carried Limitation of oa for the penalties aforesaid, unless commenced within six act'0"5months, t. 103.

VIII. How maintained after their discharge.

By 43 Eliz. every parish is to be charged with a weekly sum towards the relief of sick, hurt, and maimed soldiers and mariners, as the justices in sessions shall appoint; so as no parish be rated above ten-pence, nor under two.pence weekly; and so as the total sum in any county, where there shall be above fifty parishes, do not exceed sixpence for every parish.

The provisions of this statute, however, are not observed at the present day; for these persons are either provided for in the respective parishes to which they belong, as other poor and impotent persons are ; or they are placed on the establishment of the royal hospitals at Greenwich or Chelsea.

And in respect to those who enjoy an out pension from Ckel^ea Hospital, it is enacted by 28 Geo. 2 c. I, that the justices of the pe.icc shall take affidavits of their being aliva or of the time of their deaths, half yearly without fee. s. 2.

IX. Privileged to set up trade.

By diver* acts of parliament soldiers anil marines who have been employed in the king's service, and have not deserted, or their wives or children, may set up and exercise such trades as they are apt for in any town or place in Great Britain, except Oxford and Camtridge, without molestation ; and if any person is sued thereupon, and tho plaintiff is nonsuited, or the like, such person shall have double costs. See these acta under the tille Settlements And Removals ; head, Removal of the poor. sec. 1.

X. Pensions, allowances, and relief granted to soldiers.

By 46 Geo. 3. c. 69, the payment of all pensions, allowances, T\> he under ami relief granted to disabled, invalid, or discharged soldiers, the managcshall be under the management of the commissioners for the ,ncm '.,f !be

i . • /-i, , . .. , „ , commissioners1 time being 0f CAhospital. *. 1. „f Chtl,c«hoi

W hich commissioners or any three of them, may make such pital, orders, audfroni time to time alter the same, in relation to tliewho may make payment of any pensions, allowances, or relief, and also as to ""j"' re*»y certiticatcs, vouchers, receipts, or orders for the better ma- o^p'^e^of

pulsions, Ale.

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