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CAP. II.

QUARTERING SOLDIERS.

THE quartering of soldiers is regulated by the annual mutiny act, which seldom introduces any important alteration in this respect; the following sections extend to England, Wales, Ireland, and Berwick-upon-Tweed.

diers.

The constables, tithingmen, headboroughs, Who quarand other chief officers and magistrates of ci- ter the solties, towns, and villages, and other places; and in their absence, any justice of the peace of the jurisdiction, and no other, are to quarter and billet soldiers; they are to make out and deliver the requisite number of billets to the commanding officer present.*

And such officers of the place mentioned in the route, may quarter and billet the soldiers and their horses on their march, in equal proportions, on all persons liable to receive them, within one mile of such place, although the houses of some of them are in the adjoining county, as if such houses were situate in the places mentioned in the route; unless some such officer of the adjoining county, be present and undertake to billet and quarter the due proportion of men therein, in which case such officers of the place mentioned in the route shall not interfere.+

No justice having or executing any military office or commission in any part of the United 9 Geo. 4. c. 4. s. 48, 49. + Ib. s. 51.

In Westminster, Middlesex,

Kingdom, shall, directly or indirectly, be concerned in quartering, billetting, or appointing quarters for any soldier or soldiers in the regiment, troop, or company under his immediate command, according to the dispositions made by this act for quartering soldiers; but all his acts concerning the same shall be void.*

When any order shall issue for the quartering or billetting the officers or soldiers of the foot and Surrey guards, within the cities and liberties of Westas to foot minster and places adjacent, in Middlesex, guards. Surrey, and Southwark, the high constables shall deliver precepts to the petty constables, head boroughs, or tithingmen of each parish, ward, hamlet, or district, in their divisions, to billet or quarter them in such houses only as this act directs, who shall quarter and billet them equally and proportionably according to the number to be quartered, and of such houses within their districts. And such officers and soldiers shall be quartered in the aforesaid places (except London) as other soldiers in other places.t

Penalty Any officer taking, or knowingly suffering for not to be taken, any money from any person for quartering excusing the quartering of officers or soldiers on him, shall be cashiered and incapable of serving in any military employment whatever.

&c.

on officers.

on constables, &c.

Any high constable, constable, beadle, or other officer or person whose duty it is to quarter officers or soldiers, neglecting or refusing to quarter or billet any officer or soldier on duty, when required, after sufficient notice given before the *9 Geo. 4. c. 4. s. 53. + Ib. s. 54. Ib. s. 62.

arrival of the troops, or receiving, demanding, or agreeing, for any sum or sums of money, or any reward whatsoever, for or on account of excusing, or in order to excuse any person or persons from quartering or receiving any such officer or soldier, on conviction before a justice, shall forfeit, for every such offence, not exceeding 51, nor less than 27., leviable by distress, to be applied, in the first place, in making such satisfaction to any soldier for the expense he may have been put to on account of not having been so billetted or quartered, as such justice shall direct; the remainder to be paid to the use of the poor of the parish wherein the offence is committed.*

Such petty constables, headboroughs, and ti- Lists in thingmen (v. p.36), shall, at every general quarter Westminster, &c. sessions for the jurisdiction in which their districts are situate, make and deliver, on oath, to the justices there, true lists, signed by them respectively, of all houses, and of the number of the inhabitants thereof respectively, within their districts, subject to receive such officers and soldiers, and of the names and rank of the officers and soldiers quartered in each house; under a penalty of 5l. for not delivering such list, or for delivering a false or defective list, to the use of the poor, leviable by distress, and in default of distress, by commitment, for not more than three nor less than one calendar month.†

Such lists shall remain with the clerks of the peace of such jurisdictions, and any person may inspect the same without fee or reward; and *9 Geo. 4. c. 4. s. 63. + Ib. s. 55.

E

On whom

the clerk shall make out and deliver to any person requiring the same, true copies of all and every or any such lists, on payment of 2d. per sheet of each copy, each sheet consisting of one hundred and fifty words.

Any justice of the jurisdiction may, by warrant or order under hand and seal, at any time require any high constable, constable, beadle, or other officer, who shall quarter or billet any soldier, to give him an account in writing of the number of officers and soldiers quartered or billetted by him, of the names of the persons on whom each of them is quartered, of the street or place in which each such person dwells, and of the signs (if any) of their houses.*

Soldiers are to be quartered in inns, livery quartered. stables, alehouses, victualling houses, and the houses of retailers of wine, whether British or foreign, or of brandy, strong waters, cider, or metheglin, to be drank on the premises,-except in canteens under the barrack or ordnance department, taverns kept by freemen of the London Vintner's company, admitted before the 5th of July, 1757, or since in right of patrimony or apprenticeship, although they have taken out victualling licences, houses of distillers who keep houses or places for distilling brandy or strong waters, and houses of shopkeepers, whose principal dealing is more in other goods and merchandize than in brandy and strong waters (if such distillers and shopkeepers do not suffer tippling in their houses) and in no other houses.+

* 9 Geo. 4. c. 4. s. 64. +9 Geo. 4. c. 4. s. 48, 49.

When there is not room in such houses in Ireland, they may be quartered in such manner as has been usual.*

The commanding officer of any regiment, troop, or company, may exchange any man or horse, with another man or horse, quartered in the same place, provided the number do not exceed the number billetted on such house or houses; and the constables, tithingmen, &c. shall billet such men and horses exchanged accordingly.t

Any victualler or other person, liable to have Penalty any officer or soldier billetted or quartered on for not receiving, him or her, refusing to receive, or afford proper supplying, accommodation to, or to victual any such officer &c. or soldier, or to furnish or allow the several things by this act directed to be furnished or allowed, to non-commissioned officers or soldiers, so quartered on him or her, or to furnish good and sufficient stables, together with good and sufficient hay and straw for each horse so quartered or bil. letted at the rate by 9 Geo. 4. c. 8. settled, on conviction before a justice, shall forfeit for ever?, such offence, not exceeding 5l. nor less than 21. leviable and applicable as the penalties on constables, &c. imposed by this section.‡

The officers and soldiers and other persons Who quarreceiving pay in the king's army, are entitled to tered. be quartered.§

The officers, men, and horses, of the horse or And their dragoons, and the bat and baggage horses of horses. the other forces, and the horses of the staff and

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§ 9 Geo. 4. c. 4. s.48,49.

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