ed in his ma- officers, soldiers, servants, women, children, or other persons jesty's service, of or belonging to his majesty's forces, and also the arms, exempted from clothes, accoutrements, tents, baggage, and other equipage, payment of tolls. of or belonging to his majesty's forces on their marches, or returning therefrom, shall be exempted from payment of any duties and tolls, otherwise demandable 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.

Treasurer of tire county to repay the con

stables extraoi

dinary charges.

The money for that purpose

ed.

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.

6

? And as the sums to be paid to the constables by the officers demanding carriages, may not in many cases be sufficient to answer the charge and expence of providing the same to the great burthen of the township, or else the persons 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 carriages, horses, boats, barges, and other vessels over and above what ought to have been paid by the officer out of the publ e stock according to such rates, as the justices in their quarter sessions 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.

And in case the said public stock be not sufficient (over and above the other purposes for which it was raised) to satisfy how to be rais- such extraordinary charge, the said justices in their general quarter sessions, shall from time to time, raise monies upon the respective counties in such manner as they now raise monies for county gaols and bridges, to satisfy the said extraordinary charge. s. 62.

serters.

VII. Deserting.

Constables may And it shall be lawful for the constable, headborough, or apprehend de- ty thingman of the place, where any person reasonably sus pected to be a deserter shall be found, or for any officer or soldier 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 the knowledge of such justice, it shall appear that such person is a listed soldier, and ought to be with the troop or company, such justice shall cause him to be conveyed to the gaol of the county, or place, or house of correction, or to the Savoy in case such deserter be apprehended in London or Westminster, or places adjacent, and transmit an account thereof to the secretary at war, and the keeper of such gaol shall receive the subsistence of such deserter, during the time he shall continue in custody, as by his majesty's regulations is di

E

* When it is a marine that is apprehended, this notice is to be sent te the secretary of the admiralty.

rected, 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 receive and confine every deserter delivered into his charge by any nou-commissioned officer or soldier, who shall be carrying such deserter, under any lawful 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. 83.

And such justice shall also issue his warrant to the collectors Reward for apof the land-tax of the parish where such deserter shall be ap- prehending deprehended, for paying out of the land.tax, to the person who serters. shall apprehend any deserter, 20s. for every deserter so appre

hended. s. 74.

Also if any person shall harbour, conceal, or assist any Penalty on deserter, knowing him to be such, he shall forfeit for every harbouring de such offence 201., and upon conviction, by the oath of one wit-serters. ness, before any justice of peace, the said penalty of 2. shall 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 assising 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 six months. s. 85.

soldiers or

Also, if any person shall knowingly detain, buy, or ex-Penalty on per change, or otherwise receive from any soldier or deserter, or sons receiving any other person, upon any account or pretence whatsoever any armis, any arms, clothes, caps, or other furniture, belonging to the clothes, &c. of king, or any meat, drink, beer, or other provision, provided deserters, &c. under any regulations relating thereto, or any such articles be longing 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 five pounds. s. 85.

Or if any person shall buy or receive any oats, hay, straw, And on persons or other forage, provided for the use of any horse, belonging to buying or rehis majesty's service, from any dragoon or other soldier, know-ceiving oats, hay, or forage, ing him to be such, or shall move, procure, counsel, solicit, or entice provided for any dragoon or other soldier, knowing him to be such, to sell or his majesty's otherwise dispose of any such oats, hay, straw, or other forage asservice. aforesaid, the person so offending shail forfeit for every such offence the sum of five pounds. s. 85.

And upon conviction by the oath of one credible witness before any justice of the peace, the said penalties of five pounds, and five pounds shall be levied by warrant under the hand of such justice by distress and sale, and one moiety of the first, and also of the last mentioned penalty of five pounds, shall be

600

SOLDIERS.

paid to the informer, and the residue of the said penalties to
the officer to whom such deserter did belong; and in case any
such offender shall not have sufficient goods whereon distress
may be made, or shall not 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.
s. 85.

Penalty on of-
But no commission officer shall break open any house to
fier breaking search for deserters, without warrant from a justice of the
open any house
without war-
peace; and every commission officer who shall without war.
rant from one justice, break open the dwelling house or
outhouses of any person whomsoever, under pretence of search-
ing for deserters, shall forfeit twenty pounds. s. 86.

rant.

to any non-com

the same, on

· account of sickness, &c.

Justices may And as soldiers absent from their regiments on furlough grant an exten- granted to them by their commanding officers, are sometimes sion of furlough prevented by sickness, or other unavoidable casualty from re missioned offi- turning to their duty before the expiration of the time limited cer or soldier by such furlough, and doubts have arisen whether, in such cases applying for the extension of a soldier's furlough by a justice of the peace, be sanctioned by legal authority, it is enacted, That any jus tice of the peace may grant, in writing under his hand, an extension of furlough to any non-commissioned officer or soldier applying for the same, on account of sickness, or other casu alty, and such non-commissioned officer or soldier, during the period to which his furlough shall have been extended, shall not be able to be apprehended on the ground of having de serted: But nothing in this act shall exempt any non-commissioned officer or soldier, whose furlough shall have been so extended from being proceeded against according to this act, should it thereafter appear that he had obtained the extension by false representation made to the justice, or, in applying for and obtaining the same, had committed any offence to the prejudice of good order and military discipline. s. 87.

Penalties on persons persuading sol

&c.

And if any person shall, in any part of his majesty's domi nions, directly or indirectly persuade or procure any soldier diers to desert, to desert, every such person being thereof lawfully convicted, shall, for every such offence, forfeit to his majesty, or any other person, who shall sue for the same, one hundred pounds; and if it shall happen that any such offender so convicted, hath not any goods and chattels, lands or tenements to the value of one hundred pounds, to pay the same, or if from the cir cumstances and heinousness of the crime it shall appear to the court, before which the said conviction shall be made, that any 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 one hour, in some market town next adjoining to the place where the offence was committed in open market there, or in the market town itself where the said offence was committed. s. 100.

And all penalties by this act imposed, for persuading or Manner of suprocuring any soldier to desert, may be sued for in any court of ing for penalrecord; any thing contained in the act passed in the first year sons inducing ties against perof king Geo. 1. c. 47, to the contrary thereof in anywise not soldiers to dewithstanding.

s. 101.

sert.

But no such action shall be brought, or prosecution carried Limitation of on for the penalties aforesaid, unless cominenced within six actions. months. s. 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 Chelsea Hospital, it is enacted by 28 Geo. 2. c. 1, that the justices of the peace shall take affidavits of their being alive or of the time of their deaths, half yearly without fee.

IX. Privileged to set up trade.

$. 2.

By divers acts of parliament soldiers and 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 Cambridge, without molestation; and if any person is sued thereupon, and the plaintiff is nonsuited, or the like, such person shall have double costs. See these acts 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, To be under and relief granted to disabled, invalid, or discharged soldiers, the manage shall be under the management of the commissioners for the ment of the time being of Chelsea hospital. s. 1.

commissioners of Chelsen hosWhich commissioners or any three of them, may make such pital, orders, and from time to time alter the same, in relation to the who may make payment of any pensions, allowances, or relief, and also as to orders and reany certificates, vouchers, receipts, or orders for the better ma

enlations for

the payment of pensions, &c.

Soldiers entit

ed at their inlistment.

naging such payments, and to require such proofs and affidavits relating thereto, as may be requisite for the ordering and secur ing the payment of such pensions, allowances, and relief, either at Chelsea or at Kilmainham hospitals, or in any other place where the same shall be payable to the persons entitled thereto, but every such order may be revoked or altered by any warrant, order, or instruction, under his majesty's sign manual.

8. 2.

Every soldier who shall become entitled to his discharge, by led to receive reason of the expiration of any period of service fixed in any such pensions regulations made by his majesty or shall have been discharged as shall be fix- by reason of being an invalid, or disabled, or having been wounded, shall thereupon become entitled to receive such pen. sion, allowance, or relief, as shall have been fixed in any or ders made by his majesty and in force at the time of his inlistment, and for the payment whereof money shall have been voted by parliament: and every such soldier may claim to be paid or receive the same under the provisions of this act, or any rules made in pursuance thereof by such commissioners.

Orders and re

ment.

8. 3.

But all orders and regulations made by his majesty in rela. gulations to be tion to the discharge of soldiers after the expiration of any annually laid before parlia periods of service, and also in relation to any pension, allow. ance, or relief to any discharged or invalid, disabled, or wounded soldiers, shall annually be laid before parliament; and esti. mates of the amount of all such pensions, allowances, and re lief, and of all contingent expences relating to the payment, and management thereof, shall also be annually laid before parlia 8. 4.

Soldiers to re

ment.

And every soldier inlisted shall thenceforth remain entitled main entitled to all the benefit of all the provisions contained in all such orders to the benefits and regulations as were in force at the time of his inlisting, time of inlist- notwithstanding such regulations may be thereafter altered, or ing. annulled. s. 5.

made at the

of land tax, &c.

And it shall be lawful for the lords commissioners of the treaTreasury may order pensions sury to order that any pensions, allowances, and relief so due to be paid by for the payment whereof money shall have been voted, by receiver general parliament, shall be paid by any receiver general of the land tax, or collector of the cess in Scotland, or any collector of duties of customs or excise, or any collector of the duties un der the management of the commissioners for the affairs of taxes, out of any public money in their hands, and that the vouchers and receipts for the payments of such money shall be taken as cash in the accounts, and in part of the duties collected by such receivers general of collectors, and all such sums so advanced shall be repaid to the account of the duties out of which the same shall have been paid in such manner as the commissi oners of the treasury shall direct. s. 6.

Assignments of pensions void.

And all assignments, bargains, sales, orders, contracts, agreements, or securities whatsoever, given or made by any person entitled to any such pension, allowance or relief shall be absolutely null and void. s. 7.