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of foldiers againft their wills ; it is alfo enafted by the 

 a I Car. II. c. i. that no officer, military or civil, nor any 

 ether perlon whatfoever, (hall prefume to place, quarter, or 

 billet any foldier on any fubjeft or inhabitant of this realm, 

 of any degree, quality, or profefhon whatfoever, without 

 his confenl ; and every fuch fubjcft or inhabitant may re- 

 fufe to fojourn or quarter any foldier, notwithflandingany 

 command, order, warrant, or billeting whatever. The prcfcnt 

 mode of quartering our troops is fettled by the Mutiny A&, 

 renewed annually, with little or no alteration. Accord- 

 ingly by the mutmy aft, 49 Geo. III. c. 12. f. 41. the 

 conftables and other chief officers and magillrates of ci- 

 ties, towns, villages, and other places, and in their default 

 or abfence, any one juilice inhabiting in or near fuch place, 

 and no other, (hall and may, during the continuance of 

 this aft, quarter and billet officers and foldiers in inns, li- 

 very ftables, alehoufes, viftualling houfes, and the houfes of 

 fellers of wine by retail to be drank in their own houfes or 

 places thereunto belonging, (other than perfon's canteens 

 held under the authority of the commiffioners for the affairs 

 of barracks, and other than perfons who keep taverns only, 

 being free of the vintners' company in London,) and all 

 houfes of perfons felling brandy, ftrong waters, cyder, or 

 metheglin, by retail to be drank in houfes, (other than 

 the houfes of diftillers who keep places of diililling brandy 

 and ftrong waters, and of fhopkeepers whofe principal deal- 

 ings fhall be more in other goods than in brandy and ftrong 

 waters, and who do not permit tipling in their houfes,) 

 and no other, and in no private houfes whatfoever ; nor 

 fliall any more billets be ordered than there are effeftive 

 foldiers ; which billets when made out fhall be dehvered to 

 the commandmg officer prefent : and if any conftable, or 

 fuch like officer or magiftrate as aforefaid, (hall prefume 

 to billet any fuch officer or foldier in any private houfe 

 without the confent of the owner or occupier, fuch owner 

 or occupier (hall have his remedy at law againft fuch ma- 

 giftrate or officer, for damages ; and if any military officer 

 fhall take upon him to quarter foldiers otherwife than by 

 this aft, or (hall o(fer any menace or compulfion to any 

 mayor, or other civil officer before-mentioned, tending to 

 difcourage any of them from doing their duty, he (hall on 

 conviftion before any two juftices by the oath of two wit- 

 nefl'es be ipfofaSo calhiered and difabled to hold any mili- 

 tary employment ; provided the conviftion be affirmed at 

 the next quarter feffions, and a certilicate thereof be tranf- 

 mitted to the judge advocate, who (hall certify the fame to 

 the next court martial. And if any perfon (hall be aggrieved 

 by having more foldiers billeted than in proportion to his 

 neighbours, on complaint thereof to one juftice of the di- 

 vifion, &c. where quartered, or if the perfon fo billeting 

 them be a juftice, then on complaint to two juftices they 

 may relieve him. 



i\!^ote. — The claufe above recited, relating to (hopkeepers, 

 might as well be now omitted out of the aft ; for that by 

 the 17 Geo. II. c. 17. no (hopkeepers, as fuch, are al- 

 lowed to retail any fpirituous liquors, but only thofe who 

 keep taverns, viftualling houfes, inns, cofFee-houfes, or ale- 

 houfes. 



By f. 43. No juftice, having any military command, 

 fhall be concerned in quartering foldiers under his imme- 

 diate command ; but all things done by him therein (hall 

 be void. 



By f. 50. of this aft, an officer taking money for ex- 

 tufing the quartering, (hall be ca(hiered. 



By f. 51. If any high conftable or other officer or any 

 perfon whatfoever (hall negleft to quarter any officers or 

 foldiers, provided fufficient notice be given him before their 

 arrival, or if he receive or agree for any reward in order to 



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cxcufe any perfon from receiving fuch officer or foldier, of 

 if any viftualler, &c. having any officer, l(c. billeted U|)on 

 him, refufe to receive him, er refufe to lurni(h him as herein 1 

 nrovided by this aft, and (liall be thereof convifted by one 1 

 juftice of the county, &c. where fuch o(rcnce was committed, * 

 on confeffion of the oath of one witnefs, he ftiall forfeit not 

 more than 5/. nor Icfs than 40J. to be levied by dillrefs ; 

 which fum (hall be applied tirll to fatisfy fuch foldier for 

 the expeiice thereby occafioned to him, and the remainder 

 to the ovcrfecrs of the poor of the pari(h where the offence 

 was committed. 



By f. 56. If any officer, military or civil, (hall quarter 

 any of the wives, children, or fcrvants of officer or fol- 

 dier, in any houfe, againft the confent of the owner ; if 

 he be an officer, he (hall on proof made thereof to the 

 commander in chief of the army or judge advocate, be 

 ij>/o faSo ca(hiered ; and if a civil officer, he (hall forfeit 

 to the party grieved 20s. on proof thereof to the next juf- 

 tice by diftrefs. 



^y ^* 53* Officers and foldiers, billeted as aforefaid, 

 (hall be received and furni(hed with diet and fmall beer, pay- 

 ing for the fame as hereafter mentioned, out of their fubllft- 



By f. 54. If any perfon fhall choofe rather to furnifh 

 non-commiffioned officers or private men, with candles, vi- 

 negar, and fait, gratis, and allow them the ufe of fire and 

 the neceftary utenlils for dreffing and eating their meat, I 

 and (hall give notice thereof to the commanding officer, 

 and (hall fiirni(h the fame accordingly ; in fuch cafe they 

 (hall provide their own viftuals and fmall beer, and the 

 officer who receives their pay (hall pay the fums after 

 mentioned out of the fubfiftence-money for diet and fmall 

 beer to them, and not to the perfons on whom they are 

 quartered. 



By f. 55. Every officer receiving the pay or fubfiftence- 

 money, either for a regiment, or particular troops and com- 

 panies, or otherwife, (hall immediately, upon each receipt of 

 each fum, give public notice thereof to all on whom officers 

 or foldiers are quartered ; and (hall alfo appoint fuch perfons 

 to repair to their quarters, at fuch times as they (hall appoint, 

 for the payment of the faid pay or fubfiftence-mosey to the 

 officers or foldiers, which ffiall be within four days at the 

 fartheft after the receipt of the fame, as aforefaid ; and fuch 

 perfons (hall then and there acquaint fuch officer with the 

 accounts or debts between them and the officers and foldiers 

 quartered ; which accounts the faid officer is to accept of, 

 and immediately pay the fame, before any part of the pay 

 or fubfiftence be dillributed : provided the faid accounts ex- 

 ceed not, for a commiffion officer of horfe being under the 

 degree of a captain, for fuch officer's diet and fmall beer, 

 per diem, 2s. ; nor for one comrmffion officer of dragoons, 

 being under the degree of a captain, for fuch officer's diet 

 and fmall beer, per diem, is. ; nor for one commiffion officer 

 of foot, under the degree of a captain, for fuch officer's diet 

 and fmall heer, per diem. Is.; nor for each horfe quartered 

 under this aft, for hay and Hrzw, per diem, 6d, ; nor for one 

 light horfeman's diet and fmall beer, per diem, 'jd. ; and hay 

 and ftraw for his horfe, per diem, 6d. ; nor for one dragoon's 

 diet and fmall beer, per diem, yd. ; and hay and ftraw for 

 his horfe, per diem, 6d. ; nor for one foot foldier's diet and 

 fmall beer, per diem, ^d. : and if fuch officer (hall not fo 

 give notice and (hall not immediately upon producing fuch 

 account ftated fatisfy the fame ; upon complaint on oath 

 by two witneffes, at the next quarter feffions for the county 

 or city where fuch quarters were, the paymafter of the 

 guards, garrifons, and marines, are authorized (upon cer- 

 tificate of the faid juftices before whom fuch oath wa» 

 made, of the fum due upon fuch accounts and the per- 



6 foB» 



