plus or remainder of the monies arifen or to arife from the faid rates and duties upon fpirituous liquors granted by the faid act of the twenty fourth year of the reign of his faid late Majesty, as from thofe granted by the faid act of the thirty third year of his faid late Majefty, after fatisfying the faid annuities or yearly payments of thirty thousand pounds, and forty five thousand pounds, to the payment of which all the duties on fpirituous liquors, granted by the feveral acts herein before mentioned, ftand in the first place liable and appropriated, do, by virtue of the faid feveral acts, ftand referved for the difpofition of parliament: and whereas the annuities payable by virtue of this act in refpect of the fum of twelve millions, are bereby charged upon, and directed to be paid out of the finking fund; be it therefore enacted by the authority aforefaid, That from Surplus of and after the fifth day of January, one thousand feven hundred the monies and fixty two, the furplus or remainder of the monies which arifing by the duties on fhall, from time to time, arife by the faid rates and duties upon fpirituous fpirituous liquors granted by the faid acts of the twenty fourth and liquors, thirty third years of his faid late Majesty's reign, after paying or granted by referving, from time to time, at the receipt of his Majefty's ex- the recited acts of 24 & chequer, money fufficient to fatisfy and pay the faid annuity of thirty thousand pounds, payable as aforefaid to the united com- after paying pany of merchants of England trading to the East Indies, and the annuity alfo the faid yearly payment of forty five thousand pounds for of 30,000l. to anfwering the faid annuities for lives, payable at the exchequer, fhall be carried to, and made part of, the finking fund, towards making good the intereft or annuities charged by this act on the faid fund. 33 Geo. II. the India com pany, and 45,000l. for annuities for lives payable chequer, to be in the ex XXIII. And be it further enacted by the authority aforefaid, at the exThat the monies which fhall, from time to time, arife and be carried into remaining in the receipt of his Majefty's exchequer, of the ad- the finking ditional rates and duties on spirituous liquors, granted to his fund. Majefty by an act of this prefent feffion of parliament, intituled, Monies arifing An act for more effectually preventing the excelfive use of fpirituous chequer by liquors for bome confumption, by laying additional duties upon fpirits the additional made in Great Britain, or imported into the fame; and for better re- duties on fpigulating and encouraging the exportation of British made fpirits; and rituous lifor fecuring the payment of the duties upon fpirituous liquors; be alfo quors, granted by an act of carried to, and made part of, the finking fund, towards making this feffion, good the intereft or annuities charged by this act on the faid to be carried fund. into the fink XXIV. And be it further enacted by the authority aforefaid, ing fund. That if any perfon or perfons thall be fued, molefted, or profecuted for any thing done by virtue or in pursuance of this act, fuch perfon or perfons fhall and may plead the general iffue, General issue. and give this act, and the special matter, in evidence, in his or their defence or defences: And if, afterwards, a verdict shall pafs for the defendant or defendants, or the plaintiff or plaintiffs fhall difcontinue his or their action or actions, or be nonfuited, or judgment fhall be given against him, her, or them, upon demurrer, or otherwife, then fuch defendant or defendants thall have treble cofts awarded to him, her, or them, against any fuch Treble cofts, plaintiff or plaintiffs. VOL. XXV. E CAP. Preamble. Number of 4,008 invalids. CAP. XI. An alt for punishing mutiny and defertion; and for the better payment of the army and their quarters. HEREAS the raising and keeping a standing army within this kingdom in time of peace, unless it be with confent of parliament, is against law: and whereas his Majesty is engaged in a juft and neceffary war against France and Spain: and whereas it is judged neceffary by his Majesty, and this prefent parliament, That a body of forces fhould be continued for the fafety of this kingdom, the defence of the poffeffions of the crown of Great Britain, and the prefervation of the ballance of power in Europe; and that the whole number of fuch forces should confift of fixty feven thousand forces 67,676, fix hundred and feventy fix, including four thousand and eight invalids: including and whereas no man can be forejudged of life or limb, or fubje&ted in time of peace to any kind of punishment within this realm, by martial law, or in any other manner than by the judgment of his peers, and according to the known and established laws of this realm; yet nevertheless, it being requifite for the retaining fuch forces in their duty, that an exact difcipline be obferved, and that foldiers who fhall mutiny, or stir up fedition, or shall defert his Majesty's fervice within this realm, or the kingdom of Ireland, Jersey, Guernsey, Alderney, and Sark, or the islands thereto belonging, be brought to a more exemplary and Speedy punishment than the ufual forms of the law will allow; be it therefore enacted by the King's most excellent Majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this present parliament affembled, and by the authority of the fame, That from and After 24 March 1762, during the continuance of this act, every officer and private man, who thall mutiny or defert, &c. or lift in any other regiment, &c. or thall be found fleeping on, or fhall defert his poft, or hold illegal correfpondence with the enemies of his Majefty, or fall ftrike, or difobey, his fuperior officer; fhall fuffer death, or fuch punishment as a court-martial fhall inflict.. The King may grant commiffion to hold a court-martial, &c. Court-martial may inflict corporal punishment for immoralities, &c. General court-martial not to confift of less than 13; and the prefident to be a field officer, or officer next in feniority, not under the degree of a captain. May administer an oath to witnesses. Officers to be fworn. The oaths. The judge-advocate to be fworn. The oath. In fentences of death, nine officers to concur, &c. Hours of trial. The party tried, intitled to a copy of the fentence and proceedings of the court-martial. Original proceedings, &c. of courts martial to be tranfmitted to the judge-advocate general in London, &c. None to be tried a fecond time for the fame offence, except in cafe of appeal. This act not to exempt foldiers from ordinary process. Penalty on falfe certificates to excufe foldiers from mufters. nalty on officers making false musters, &c. · Pe- Fictitious names allowed by his Majesty's order upon the mufter-rolls for the maintenance of officers widows, not to be conftrued a false muster. give notice of mufter to a mayor, &c. Penalty on neglect. Mufter-rolls to be figned by the mayor, &c. Penalty on perfons offering themselves to be falfly mustered. Horfes falfly multered, to be forfeited, &c. Forfeiture how to be levied.- Officer embezzeiling, &c. military ftores, to be cahiered, and forfeit 100l. and the damage to be made good by fale of his goods and chattels; for want of difirefs the perfon to be committed. Application of the forfeiture, Mufter-mafter taking a -- - Mufter-mafter to mufter 3 Clause relat- - mufter, to make oath. The oath. Mufter rolls, though transmitted without the oath indorsed to the pay-masters general, to be good vouchers to the auditor. Penalty on agents, &c. detaining officers or foldiers pay. Weekly rates. Penalty on agents difobeying orders. -Surgeon, &c. within ten miles of London, &c. to certify who are fick; and commanding officers, who are employed in raising recruits. Penalty on officers muftering perfons by wrong names. Conftables, &c. to quarter officers and men in inns, alehoules, &c. but in no diftillers houses, or shopkeepers, or in any private houses. Penalty on conftables, &c. quartering foldiers in private houfes, &c. and on officers quartering foldiers contrary to this act, &c. Perfons aggrieved by being quartered on, may complain to any justices, and be relieved. No juftice having any military office, to be concerned in billeting his foldiers. Officers and foldiers to pay rates for their provisions. - What inn-holders may allow men quartered on them instead of meat. Penalty on officers taking money to excufe the quartering. Dragoons, &c. and their horfes to be billeted in the fame house. Manner of changing men and horses. ing to a foldier's fettlement for his wife and children. to be quartered in Scotland, as the laws in force at the union direct. No pay mafter, &c. to make deductions out of officers or foldiers pay.Exceptions. Treafury may iffue out the money due for clothing every two months. Pay-mafters to deduct the off-reckonings. - Officers to give notice to inn-keepers of fubfiftence-money in their hands. Rates of fubfiftence to be paid to inn-keepers, &c. for foldiers quarters. Penalty on officers not paying fubfiftence-money. On non-payment of quar ters the officer to make up accounts, &c. No mufter in Westminster, &c. but in the prefence of two or more juftices. Conftables, &c. may billet foldiers in Wefiminfier, &c. Petty conftables, &c. to quarter foldiers in their repective divifions. Conftables, &c. to deliver lifts at quarterfeffions, on oath, of inhabitants, and foldiers quartered in their respective divifions; to be infpected without fee. Copies of fuch lifts to be wrote by the clerk at ad. per fheet, containing 150 words. Penalty on default. Penalty on giving defective lifts. How to be levied. This act to extend to Jerfey, &c. Mufter-rolls to be closed on day of mufter, and returned to the pay-mafter of the forces, &c. Penalty. Juftices may order conftables to provide carriages. Rates for carriages. Penalty on officers forcing waggons to travel more than one day's journey, &c. Penalty on conftables, &c. neglect. Treasurers of the county to repay the conftables extraordinary charges. The money for thofe purposes how to be raised. · No waggon, &c. to carry above 30 hundred weight. Carriages in Scotland how to be provided. Soldiers wives, &c. not to be quartered without confent. Penalty. Penalty on officers or foldiers destroying the game. How the account of every regiment fhall be kept. Penalty on pay-mafter, &c. Penalty on colonels. Non-commiffion officer embezzeling the foldiers pay, &c. to be reduced, &c. Juftices may commit deferters. Reward for taking-up deferters. Penalty on perfons concealing deferters, or buying their arms, clothes, &c. Penalty on officer breaking open house without warrant. His Majefty empowered to make articles of war. — None to be adjudged of life or limb, but for crimes exprelled to be fo punishable by this act. Deferters beyond fea, &c. may be tried here or in Ireland. This act to extend to deferters, &c. in Ireland, &c. Perfons acquitted by the civil magiftrate may only be cafbiered by a court-martial. Perfons accufed of capital crimes, &c. to be delivered over to the civil magiftrate, &c. Pay-mafters, &c. to account with executors. Perfons fued may plead the general iffue. Treble cofts. All fuits to Penalties be brought in fome of the courts of record at Westminster, or Dublin, or the No volunteer liable to procefs, unless for fome criminal matter, or unless for a real debt of the value of rol. Oath of the debt to be made before a judge, and marked on the back of the process. Plaintiff may file a common appearance. Penalty on taking money to excufe any perfon from quartering; or victuallers refusing to quarter foldiers. Juftices may order conftables to give an account of the number of foldiers quartered, &c, E 2 How troops Preamble. After 25 March 1762, during the continuance of this act, every ma rine officer and private man,on fhore, troops are to pay in paffing over ferries in Scotland. [1761. Claufe for relief of perfons hastily enlifting themselves. Perfons refufing the faid relief, to this act. American troops acting in conjunction with British forces, liable to the fame martial laws. Officers and foldiers of the American troops fent over to Great Britain, to be quartered and billetted as the British forces, and under the fame regulations and penalties. This act not to extend to the militia farther than is directed by the militia laws. CAP. XII. An all for the regulation of his Majesty's marine forces while on fhore. WHEREAS it may be necessary for the safety of this kingdom, and the defence of the poffeffions of the crown of Great Britain, That a body of marine forces should be employed in his Majesty's fleet and naval fervice, under the direction of the lord high admiral, or commiffioners for executing the office of lord high admiral of Great Britain: and whereas the Jaid marine forces may frequently be quartered on shore, where they will not be fubject to the laws relating to the government of his Majesty's forces by fea; yet nevertheless, it being requifite for the retaining of fuch forces in their duty, That an exact difcipline be observed, and that marines who fhall mutiny, or flir up sedition, or shall defert his Majesty's fervice, be brought to a more exemplary and speedy punishment than the law will allow; be it enacted by the King's most excellent Majesty, by and with the advice and confent of the lords fpiritual and temporal and commons, in this prefent parliament affembled, and by the authority of the fame, That from and after the twenty fifth day of March, one thoufand feven hundred and fixty two, if any perfon being entered, or in pay as an officer of marines, or who is, or fhall be lifted, or in pay as a private man, in any company of marines in his Majefty's fervice, and on the twenty fifth day of March, one thousand seven hundred and fixty two, fhall remain in fuch service, or during the continuance of this act, fhall be voluntarily entered, and in pay, as a marine officer or private man in his Majesty's service, and being ordered or employed in fuch fervice, at any time, during the continuance of this act, on fhore, in any place within the realm of Great Britain, tiny or defert, or in the kingdom of Ireland, or in any of his Majesty's dominions beyond the feas refpectively, fhall begin, excite, caufe, or join in any mutiny or fedition, in the company to which he doth or fhall belong, or in any other company, troop, or regiment, either of marine or land forces, in his Majefty's fervice, or fhall not use his utmost endeavours to fupprefs the fame, or coming to the knowledge of any fuch mutiny, or intended mutiny, shall not without delay give information thereof to his commanding officer, or fhall defert his Majesty's service; or being actually entered as a marine, in any company, fhall lift himself in any other company, troop, or regiment, in his Majesty's fervice, without first having a discharge in writing from the officer commanding in chief the company in which he laft ferved as a marine; or fhall be found fleeping upon his poft, or fhall leave it, before who fhall mu &c. or lift in any other regiment, &c. or fhall be on, or shall before relieved; or fhall hold correfpondence with any rebel, or found fleeping enemy of his Majefty, or give them advice or intelligence of any defert his poft, kind, by any ways or means, or in any manner whatsoever; or or hold illegal' fhall treat with fuch rebels or enemies, or enter into any condi- correfpondtion with them, without his Majefty's licence, or licence of the ence with the lord high admiral of Great Britain, or of three or more of the enemies of his Majefty, commiflioners for executing the office of lord high admiral of or shall strike, Great Britain for the time being; or fhall ftrike, or ufe any vio- or difobey his lence against his fuperior officer, being in the execution of his fuperior ofoffice; or fhall difobey any lawful command of his fuperior of- ficer; fhall ficer; all and every person and perfons fo offending in any or or fuch pueither of the matters before-mentioned, on fhore, in any part of nishment as a this kingdom or Ireland, or any of his Majefty's dominions be- court-martial yond the feas, fhall fuffer death, or fuch other punishment as thall inflict. by a court martial fhall be inflicted. fuffer death, commiffioners II. And be it further enacted by the authority aforefaid, That it. The lord high fhall and may, from time to time, during the continuance of this admiral, or act, be lawful to and for the faid lord high admiral, or three or more of the faid commiffioners for executing the faid office of that office, lord high admiral for the time being, to grant a commiffion un- may grant a der his or their respective hand or hands, to any officer of ma- commiffion to rines in his Majefty's fervice, not under the degree of a field of hold general ficer, for the holding a general court-martial at any place or pla- tial, &c. ces on fhore, in this realm or in Ireland, or in any of his Majefty's dominions beyond the feas; in every of which courts-martial, all or any of the offences aforefaid, and all or any other of the offences herein after specified, fhall be tried and proceeded against in fuch manner as by this act is directed. courts-mar III. And be it also enacted, That it fhall and may be lawful to Courts-mar, and for fuch courts-martial refpectively, by their fentence or tial may inflict corporal judgment, to inflict corporal punishment, not extending to punishment life or limb, on any marine for immorality, misbehaviour, or ne- for immoraglect of duty on fhore, in any place or places within this realm lities, &c. or Ireland, or any of his Majefty's dominions beyond the feas, during the continuance of this act. IV. And be it further enacted by the authority aforefaid, That Lords, &c. of it fhall and may be lawful to and for the faid lord high admiral, the admiralty or three or more of the commiflioners for executing the faid of- make articles impowered to fice of lord high admiral, at any time during the continuance of for punishthis act, to make and establish rules and articles in writing un- ment of muder his or their respective hand or hands, for the punishment of tiny and demutiny and defertion, immorality, misbehaviour, and neglect of fertion, &c. duty, in any of his Majesty's marine forces while on thore in any part of this realm or Ireland, or any of his majesty's dominions. beyond the feas, and for bringing offenders against the same to juftice, and to erect and conftitute courts-martial, with power to and to confti. try, hear, and determine, any crimes or offences specified in fuch tute courtsrules and articles, and inflict punishments by fentence or judgment martial. for the fame, according to the true intent and meaning of this act. V.Provided always, That no perfon or perfons fhall be adjudged to fuffer any punishment extending to 1 fe or limb, by the faid None to be adjudged of rules or articles within the kingdom of Great Britain or Ireland, lite or limb, E 3 except but for crimes |