The Quartering Act of 1765 was one of the events that incensed the
American colonists during the years leading up to the Revolutionary
War. The Quartering Act of 1765 required that Americans pay for the quartering
of troops in the colonies, and in some cases, provide them places to
stay.
The British government wanted to keep troops in America after the
French and Indian War to guard against future attacks, but they didn't
want to pay for it. The Americans rebelled strongly against this act
which eventually expired in 1767.
The Founding Fathers' extreme dislike of the quartering policies of the
British government led to the inclusion of the 3rd Amendment to the US
Constitution, which forbade quartering of troops during peacetime
without the owner's consent, and during wartime, unless done so
according to written law.
An act to amend and render more effectual, in his Majesty's dominions
in America, an act passed in this present session of parliament,
intituled, An act for punishing mutiny and desertion, and for the
better payment of the army and their quarters.
WHEREAS in and by an act made in the present session of parliament,
intituled, An act for punishing mutiny and desertion, and for the
better payment of the army and their quarters; several regulations are
made and enacted for the better government of the army, and their
observing strict discipline, and for providing quarters for the army,
and carriages on marches and other necessary occasions, and inflicting
penalties on offenders against the same act, and for many other good
purposes therein mentioned; but the same may not be sufficient for the
forces that may be employed in his Majesty's dominions in America: and
whereas, during the continuance of the said act, there may be occasion
for marching and quartering of regiments and companies of his Majesty's
forces in several parts of his Majesty's dominions in America: and
whereas the publick houses and barracks, in his Majesty's dominions in
America, may not be sufficient to supply quarters for such forces: and
whereas it is expedient and necessary that carriages and other
conveniences, upon the march of troops in his Majesty's dominions in
America, should be supplied for that purpose: be it enacted by the
King's most excellent majesty, by and with the advice and consent of
the lords spiritual and temporal, and commons, in this present
parliament assembled, and by the authority of the same, That for and
during the continuance of this act, and no longer, it shall and may be
lawful to and for the constables, tithingmen, magistrates, and other
civil officers of villages, towns, townships, cities, districts, and
other places, within his Majesty's dominions in America, and in their
default or absence, for any one justice of the peace inhabiting in or
near any such village, township, city, district or other place, and for
no others; and such constables, tithingmen, magistrates, and other
civil officers as aforesaid, are hereby required to quarter and billet
the officers and soldiers, in his Majesty's service, in the barracks
provided by the colonies; and if there shall not be sufficient room in
the said barracks for the officers and soldiers, then and in such case
only, to quarter and billet the residue of such officers and soldiers,
for whom there shall not be room in such barracks, in inns, livery
stables, ale-houses, victualling-houses, and the houses of sellers of
wine by retail to be drank in their own houses or places thereunto
belonging, and all houses of persons selling of rum, brandy, strong
water, cyder or metheglin, by retail, to be drank in houses; and in
case there shall not be sufficient room for the officers and soldiers
in such barracks, inns, victualling and other publick alehouses, that
in such and no other case, and upon no other account, it shall and may
be lawful for the governor and council of each respective province in
his Majesty's dominions in America, to authorize and appoint, and they
are hereby directed and impowered to authorize and appoint, such proper
person or persons as they shall think fit, to take, hire and make fit,
and, in default of the said governor and council appointing and
authorizing such person or persons, or in default of such person or
persons so appointed neglecting or refusing to do their duty, in that
case it shall and may be lawful for any two or more of his Majesty's
justices of the peace in or near the said villages, town, townships,
cities, districts, and other places, and they are hereby required to
take, hire, and make fit for the reception of his Majesty's forces,
such and so many uninhabited houses, outhouses, barns or other
buildings, as shall be necessary, to quarter therein the residue of
such officers and soldiers for whom there should not be rooms in such
barracks and publick houses as aforesaid, and to put and quarter the
residue of such officer and soldiers therein.
II. And it is hereby declared and enacted, That there shall be no more
billets at any time ordered, than there are effective soldiers present
to be quartered therein: and in order that this service may be
effectually provided for, the commander in chief in America, or other
officer under whose orders any regiment or company shall march, shall,
from time to time, give, or cause to be given, as early notice as
conveniently may be, in writing, signed by such commander or officer of
their march, specifying their numbers and time of marching as near as
may be, to the respective governors of each province through which they
are to march; in order that proper persons may be appointed and
authorized, in pursuance of this act, to take up and hire, if it shall
be necessary, uninhabited houses, outhouses, barns, or other buildings,
for the reception of such soldiers as the barracks and publick houses
shall not be sufficient to contain or receive.
III. And be it further enacted by the authority aforesaid, That if any
military officer shall take upon himself to quarter soldiers, in any of
his Majesty's dominions in America, otherwise than is limited and
allowed by this act; or shall use or offer any menace or compulsion to
or upon any justice of the peace, constable, tithingman, magistrate, or
other civil officer before mentioned, in his Majesty's dominions in
America, tending to deter and discourage any of them from performing
any part of the duty hereby required or appointed; such military
officer, for every such offence, being thereof convicted before any two
or more of his Majesty's justices of the peace living within or near
such villages, towns, townships, cities, districts or other places, by
the oaths of two or more credible witnesses, shall be deemed and taken
to be ipso facto cashiered, and shall be utterly disabled to have or
hold any military employment in his Majesty's service, upon a
certificate thereof being transmitted to the commander in chief in
America; unless the said conviction shall be reserved upon an appeal
brought, within six months, in the proper court for hearing appeals
against convicting by justices of the peace: and in case any person
shall find himself aggrieved, in that such constable, tithingman,
magistrate, or other civil officer, shall have quartered or billeted in
or upon his house a greater number of soldiers than he ought to bear in
proportion to his neighbours, and shall complain thereof to one or more
justice or justices of the peace of the village, town, township, city,
district, or other place, where such soldiers are quartered, such
justice or justices has or have hereby power to relieve such person, by
ordering such and so many of the soldiers to be removed, and quartered
upon such other person or persons, as they shall see cause; and such
other person or persons shall be obliged to receive such soldiers
accordingly.
IV. Provided also, and be it further enacted, That no justice or
justices of the peace, having or executing any military office or
commission in his Majesty's regular forces in America, may, during the
continuance of this act, directly or indirectly, act or be concerned in
the quartering, billeting or appointing any quarters, for any soldier
or soldiers, according to the disposition made for quartering of any
soldier or soldiers by virtue of this act (except where there shall be
no other justice or justices of the peace) but that all warrants, acts,
matters, or things, executed or appointed by such justice or justices
of the peace for or concerning the same, shall be void; any thing in
this act contained to the contrary notwithstanding..
V. Provided nevertheless, and it is hereby enacted, That the officers
and soldiers so quartered and billeted as aforesaid (except such as
shall be quartered in the barracks, and hired uninhabited houses, or
other buildings as aforesaid) shall be received and furnished with
diet, and small beer, cyder, or rum mixed with water, by the owners of
the inns, livery stables, alehouses, victualling-houses, and other
houses in which they are allowed to be quartered and billeted by this
act; paying and allowing for the same the several rates herein after
mentioned to be payable out of the subsistence-money, for diet and
small beer, cyder, or rum mixed with water.
VI. Provided always. That in case any innholder, or other person, on
whom any non-commission officers or private men shall be quartered by
virtue of this act, in any of his Majesty's dominions in America
(except on a march, or employed in recruiting, and likewise except the
recruits by them raised, for the space of seven days at most, for such
non-commission officers and soldiers who are recruiting, and recruits
by them raised) shall be desirous to furnish such non-commission
officers or soldiers with candles, vinegar, and salt, and with small
beer or cyder, not exceeding five pints, or half a pint of rum mixed
with a quart of water, for each man per diem, gratis, and allow to such
non-commission officers or soldiers the use of fire, and the necessary
utensils for dressing and eating their meat, and shall give notice of
such his desire to the commanding officer, and shall furnish and allow
the same accordingly; then, and in such case, the non-commission
officers and soldiers so quartered shall provide their own victuals;
and the officer to whom it belongs to receive, or that actually does
receive, the pay and subsistence-money, for diet and small beer, to the
non-commission officers and soldiers aforesaid, and not to the
innholder or other person on whom such non-commission officers and
soldiers are quartered; any thing herein contained to the contrary
notwithstanding.
VII. And whereas there are several barracks in several places in his
Majesty's said dominions in America, or some of them provided by the
colonies, for the lodging and covering of soldiers in lieu of quarters,
for the ease and convenience as well of the inhabitants of and in such
colonies, as of the soldiers; it is hereby further enacted, That all
such officer and soldiers, so put and placed in such barracks, or hired
uninhabited houses, out-houses, barns, or other buildings, shall, from
time to time be furnished and supplied there by the persons to be
authorized or appointed for that purpose by the governor and council of
each respective province, or upon neglect or refusal of such governor
and council in any province, then by two or more justices of the peace
residing in or near such place, with fire, candles, vinegar, and salt,
bedding, utensils for dressing their victuals, and small beer or cyder,
not exceeding five pints, or half a pint of rum mixed with a quart of
water, to each man, without paying any thing for the same.
VIII. And that the several persons who shall so take, hire, and fit up
as aforesaid, such uninhabited houses, out-houses, barns, or other
buildings, for the reception of the officers and soldiers, and who
shall so furnish the same, and also the said barracks, with fire,
candles, vinegar, and salt, bedding, utensils for dressing victuals,
and small beer, cyder, or rum, as aforesaid, may be reimbursed and paid
all such charges and expences they shall be put to therein, be it
enacted by the authority aforesaid, That the respective provinces shall
pay unto such person or persons all such sum or sums of money so by
them paid, laid out, or expended, for the taking, hiring, and fitting
up, such uninhabited houses, out-houses, barns, or other buildings, and
for furnishing the officers and soldiers therein, and in the barracks,
with fire, candles, vinegar, and salt, bedding, utensils for dressing
victuals, and small beer, cyder, or rum, as aforesaid; and such sum or
sums are hereby required to be raised, in such manner as the publick
charges for the provinces respectively are raised.
IX. Provided always, and be it enacted by the authority aforesaid, That
if any officer, within his Majesty's said dominions of America, shall
take, or cause to be taken, or knowingly suffer to be taken, any money,
of any person, for excusing the quartering of officers or soldiers, or
any of them, in any house allowed by this act; every such officer shall
be cashiered, and be incapable of serving in any military employment
whatsoever.
X. And whereas some doubts may arise, whether commanding officers of
any regiment or company, within his Majesty's said dominions in
America, may exchange any men quartered in any village, town, township,
city, district, or place, in his Majesty's said dominions in America,
with another man quartered in the same place, for the benefit of the
service; be it declared and enacted by the authority aforesaid, That
such exchange as above mentioned may be made by such commanding
officers respectively, provided the number of men do not exceed the
number at that time billeted on such house or houses; and the
constables, tithingmen, magistrates, and other chief officers of the
villages, towns, townships, cities, districts, or other places where
any regiment or company shall be quartered, are hereby required to
billet such men so exchanged accordingly.
XI. And be it further enacted by the authority aforesaid, That if any
constable, tithingman, magistrate, or other chief officer or person
whatsoever, who, by virtue or colour of this act, shall quarter or
billet, or be employed in quartering or billeting, any officers or
soldiers, within his Majesty's said dominions in America, shall neglect
or refuse, for the space of two hours, to quarter or billet such
officers of soldiers, when thereunto required, in such manner as is by
this act directed, provided sufficient notice be given before the
arrival of such forces; or shall receive, demand, contract, or agree
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
whatsoever from quartering, or receiving into his, her, or their house
or houses, any officer or soldier, or in case any victualler, or any
other person within his Majesty's dominions in America, liable by this
act to have any officer or soldier billeted or quartered on him or her,
shall refuse to receive or victual any such officer or soldier so
quartered or billeted upon him or her as aforesaid; or in case any
person or persons shall refuse to furnish or allow, according to the
directions of this act, the several things herein before directed to be
furnished or allowed to officers and soldiers, so quartered or billeted
on him or her, or in the barracks, and hired uninhabited houses,
out-houses, barns or other buildings, as aforesaid, at the rate herein
after mentioned; and shall be thereof convicted before one of the
magistrates of any one of the supreme chief or principal common law
courts of the colony where such offence shall be committed, either by
his own confession, or by the oath of one or more credible witness or
witnesses (which oath such magistrate of such court is hereby impowered
to administrate) every such constable, tithingman, magistrate, or other
chief officer or person so offending shall forfeit, for every such
offence, the sum of five pounds sterling, or any sum of money not
exceeding five pounds, nor less than forty shillings, as the said
magistrate (before whom the matter shall be heard) shall in his
discretion think fit; to be levied by distress and sale of the goods of
the person offending, by warrant under the hand and seal of such
magistrate before whom such offender shall be convicted, to be directed
to a constable or other officer within the village, town, township,
city, district, or other place, where the offender shall dwell; and
shall direct the said sum of five pounds, or such other sum as shall be
ordered to be levied in pursuance of this act as aforesaid, when
levied, to be paid into the treasury of the province or colony where
the offence shall be committed, to be applied towards the general
charges of the said province or colony.
XII. And, that the quarters both of officers and soldiers, in his
Majesty's said dominions in America, may hereafter be duly paid and
satisfied, be it enacted by the authority aforesaid, That from and
after the twenty fourth day of March, in the year one thousand seven
hundred and sixty five, every officer to whom it belongs to receive, or
that does actually receive, the pay or subsistence-money either for a
whole regiment, or particular companies, or otherwise, shall
immediately, upon each receipt of every particular sum which shall from
time to time be paid, returned, or come to his or their hands, on
account of pay or subsistence, give publick notice thereof to all
persons keeping inns, or other places where officers or soldiers are
quartered by virtue of this act: and shall also appoint the said
innkeepers and others to repair to their quarters, at such times as
they shall appoint for the distribution and payment of the said pay or
subsistence money to the said officers or soldiers, which shall be
within four days at farthest after receipt of the same as aforesaid,
and the said inn-keepers and other shall then and there acquaint such
officer or officers with the accounts or debts (if any shall be)
between them and the officers and soldiers so quartered in their
respective houses; which account the said officer or officers are
hereby required to accept of, and immediately pay the same, before any
part of the said pay or subsistence be distributed either to the
officers or soldiers; provided the accounts exceed not for a
commissions officer of foot, being under the degree of a captain, for
such officers diet and small beer per diem, one shilling, and if such
officer shall have a horse or horses, for each horse or horses, for
their hay and straw per diem, six pence, nor for one foot soldier's
diet and small beer, cyder, or rum mixed as aforesaid, per diem, four
pence: and if any officer or officers as aforesaid shall not give
notice as aforesaid, and not immediately, upon producing such account
stated, satisfy, content, and pay the same, upon complaint and oath
made thereof by any two witnesses, before two of his Majesty's justices
for the village, town, township, city, district, or other place where
such quarters were (which oath such justices are hereby authorized and
required to administer) the paymaster or paymasters of his Majesty's
guards and garrisons, upon certificate of the said justices before whom
such oath was made, of the sum due upon such accounts, an the persons
to whom the same is owing, are hereby required and authorized to pay
and satisfy the said sums out of the arrears due to the said officer or
officers; upon penalty that such paymaster or paymasters shall forfeit
their respective place or places of paymaster, and be discharged from
holding the same for the future; and in case there shall be no arrears
due to the said officer or officers, then the said paymaster or
paymasters are hereby authorized and required to deduct the sums, he or
they shall pay pursuant to the certificates of the said justices, out
of the next pay or subsistence money of the regiment to which such
officer or officers shall belong: and such officer or officers shall,
for every such offence, or for neglecting to give notice of the receipt
of such pay or subsistence money as aforesaid, be deemed and taken, and
is hereby declared, to be ipso facto cashiered.
XIII. And, where it shall happen that the subsistence money due to any
officer or soldier, within his Majesty's said dominions in America,
shall, by occasion of any accident, not be paid to such officer or
soldier, or such officer or soldier shall neglect to pay the same, so
that quarters cannot be or are not paid as this act directs; and where
any forces shall be upon their march, in his Majesty's dominions in
America, so that no subsistence can be remitted to them to make payment
as this act directs: or they shall neglect to pay the same; in every
such case, it is hereby further enacted, That every such officer shall
before his or their departure out of his or their quarters, where such
regiment, troop, or company shall remain for any time whatsoever, make
up the accounts with every person with whom such regiment or company
shall have quartered, and sign a certificate thereof, and give the said
certificate, so by him signed, to the party to whom such money is due,
with the name of such regiment or company to which he or they shall
belong, to the end the said certificate may be forthwith transmitted to
the paymaster of his Majesty's guards and garrisons, who is hereby
required immediately to make payment thereof to the person or persons
to whom such money shall be due, to the end the same may be applied to
such regiment or company respectively; under pain as before in this act
directed for nonpayment of quarters.
XIV, And, for better preventing abuses in quartering or billeting the
soldiers in his Majesty's dominions in America, in pursuance of this
act, be it further enacted by the authority aforesaid, That it shall
and may be lawful to and for any one or more justices of the peace, or
other officer, within their respective villages, towns, townships,
cities, districts, or other places, in his Majesty's said dominions in
America, by warrant or order under his or their hand and seal, or hands
or seals, at any time or times during the continuance of this act, to
require and command any constable, tithingman, magistrate, or other
chief officer, who shall quarter or billet any soldiers in pursuance of
this act, to give an account in writing unto the said justice or
justices, or other officer requiring the same, of the number of
officers and soldiers who shall be quartered or billeted by them and
also the names of the house-keepers or persons upon whom, and the
barracks and hired uninhabited houses, or other buildings as aforesaid,
in which and where every such officer of soldiers shall be quartered or
billeted, together with an account of the street or place where every
such house-keeper or person dwells, and where every such barrack or
hired uninhabited house or building is or are, and of the signs (if
any) which belong to their houses; to the end that it may appear to the
said justice or justices; or other officer, where such officers or
soldiers are quartered or billeted, and that he or they may thereby be
the better enabled to prevent or punish all abuses in the quartering or
billeting them.
XV. And be it further enacted by the authority aforesaid, That for the
better and more regular provision of carriages for his Majesty's forces
in their marches, or for their arms, clothes, or accoutrements, in his
Majesty's said dominions in America, all justices of the peace within
their several villages, town, townships, cities, districts, and places,
being duly required thereunto by an order from his Majesty, or the
general of his forces, or of the general commanding, or the commanding
officer there shall, as often as such order is brought and shewn unto
one or more of them, by the quarter-master, adjutant, or other officer
of the regiment, detachment, or company, so ordered to march, issue out
his or their warrants to the constables, tithingmen, magistrates, or
other officers of the villages, towns, townships, cities, districts,
and other places, from, through, near, or to which such regiment,
detachment, or company, shall be ordered to march, requiring them to
make such provision for carriages, with able men to drive the same, as
shall be mentioned in the said warrant: allowing them reasonable time
to do the same, that the neighbouring parts may not always bear the
burthen: and in case sufficient carriages cannot be provided within any
such village, town, township, city, district, or other place, then the
next justice, or justices of the peace of the village, town, township,
city, district, or other place, shall, upon such order as aforesaid
being brought or shewn to one or more of them, by any of the officers
as aforesaid, issue his or their warrants to the constables,
tithingman, magistrate, or other officers, of such next village, town,
township, city, district, or other place, for the purposes aforesaid,
to make up such deficiency; and such constable, tithingman, magistrate,
or other officer, shall order or appoint such person or persons, having
carriages, within their respective villages, towns, townships, cities,
districts, or other places, as they shall think proper to provide and
furnish such carriages and men, according to the warrant aforesaid; who
are hereby required to provide and furnish the same accordingly.
XVI. And be it further enacted, That the pay or hire for a New York
wagon, carrying twelve hundred pounds gross weight, shall be seven
pence sterling for each mile; and for every other carriage in that and
every other colony in his Majesty's said dominions in America, in the
same proportion; and at or after the same rate or price for what weight
every such other carriage shall carry; and that the first day's pay or
hire for every such carriage, shall be paid down by such officer to
such constable, tithingman, magistrate, or other civil officer, who
shall get or procure such carriages, for the use of the owner or owners
thereof; and the pay or hire for every such carriage after the first
day, shall be paid every day, from day to day, by such officer as
aforesaid, into the hands of the driver or drivers of such carriages
respectively, until such carriages shall be discharged from such
service, for the use of the owner and owners thereof.
XVII. Provided always, and be it further enacted, That no such wagon,
cart, or carriage, impressed by authority of this act, shall be liable
or obliged, by virtue of this act, to carry above twelve hundred
weight; any thing herein contained to the contrary notwithstanding.
XVIII. Provided also, That no such wagon, cart, or carriage, shall be
obliged to travel more than one day's march, if, within that time, they
shall arrive at any other place where other carriages may be procured;
but, in case other sufficient carriages cannot be procured, then such
carriages shall be obliged to continue in the service till they shall
arrive at such village, town, township, city, district, or other place,
where proper and sufficient carriages, for the service of the forces,
may be procured.
XIX. And be it further enacted by the authority aforesaid, That if any
constable, tithingman, magistrate, or other civil officer, within his
Majesty's dominions in America, shall willfully neglect or refuse to
execute such warrants of the justices of the peace, as shall be
directed unto them for providing carriages as aforesaid; or if any
person or persons appointed by such constable, tithingman, magistrate,
or other civil officer, to provide or furnish any carriage and man,
shall refuse or neglect to provide the same, or any other person or
persons whatsoever shall willfully do any act or thing whereby the
execution of the said warrants shall be delayed, hindered, or
frustrated; every such constable, tithingman, magistrate, civil
officer, or other person so offending, shall, for every such offence,
forfeit any sum not exceeding forty shillings sterling, no less than
twenty shillings, to be paid into the treasury of the province where
any such offence shall be committed; to be applied towards the
aforesaid contingent charges of the province: and all and every such
offence or offences, and all and every other offence or offences, in
this act mentioned, and not otherwise provided, shall and may be
inquired of, heard, and fully determined, by two of his majesty's
justices of the peace dwelling in or near the village, town, township,
city, district, or place, where such offence shall be committed; who
have hereby power to cause the said penalty to be levied by distress
and sale of the offenders goods and chattels, rendering the overplus
(if any) to the owner.
XX. And whereas the allowance hereby provided, for the payment of the
carriages that may be necessary in the marching of troops, may not be a
sufficient compensation for the same, to satisfy the constables,
tithingmen, magistrates, and other civil officer, their charges and
expences therein; for remedy whereof, be it further enacted by the
authority aforesaid, That the constables, tithingmen, magistrates, and
civil officers, procuring such carriages, shall pay a reasonable
expence or price for every carriage so procured; and that every such
constable, tithingman, magistrate, civil officer, or other person,
shall be repaid what he or they shall so expend, together with his or
their own charges and expences attending the same, by the province or
colony where the same shall arise.
XXI. Provided always, and be it further enacted by the authority
aforesaid, That where it shall be necessary to take wagons or other
carriages for long marches, beyond the settlements, an appraisement
shall be made of the value of such horses and carriages, at the time of
the taking them up to be employed in such marches beyond the
settlements, by two indifferent persons, one to be chosen by the
commanding officer of such forces, and the other by the owner of such
cattle or carriages; a certificate of which appraisement shall be given
to the owner or owners of such cattle or carriages respectively: and in
case any of the cattle or carriages, so taken up for such service,
shall in the execution thereof, be lost or destroyed; that then and in
every such case, upon producing the said certificate and proper
vouchers upon oath of such loss or destruction, to the paymaster
general of his majesty's guards and garrisons, the said paymaster
shall, and he is hereby required to pay to the respective owners of
such cattle or carriages, the sums specified, in such certificates and
vouchers, to be the value of such cattle or carriages so lost or
destroyed.
XXII. And whereas several soldiers, being duly enlisted in his
Majesty's service, do often desert such service; for remedy whereof, be
it further enacted by the authority aforesaid, That it shall and may be
lawful to and for the constable, tithingman, magistrate, or other civil
officer, of the village, town, township, city, district, or place,
within the said dominions in America, where any person, who may be
reasonably suspected to be such a deserter, shall be found, to
apprehend, or cause him to be apprehended; and to cause such person to
be brought before any justice of the peace or other chief magistrate
living in or near such village, town, township, city, district, or
place, who hath hereby power to examine such suspected person; and if
by his confession, or testimony of one or more witness or witnesses
upon oath, or the knowledge of such justice of the peace, or other
magistrate, it shall appear, or be found, that such suspected person is
a lifted soldier, and ought to be with the regiment or company to which
he belongs, such justice of the peace or other magistrate shall
forthwith cause him to be conveyed to the gaol of the village, town,
township, city, district, county, or place where he shall be found, or
to the house of correction or other publick prison in such village,
town, township, city, district, county, or place, where such deserter
shall be apprehended, and transmit an account thereof to the commander
in chief of his Majesty's forces in the said dominions in America, or
to the commanding officer of the forces posted nearest to such justice
or justices, or other magistrate or magistrates, for the time being, to
the end that such person may be proceeded against according to law: and
the gaoler or keeper of such gaol, house of correction, or prison,
shall receive the full subsistence of such deserter or deserters during
the time that he or they shall continue in his custody for the
maintenance of such deserter or deserters: but shall not be intitled to
any fee or reward on account of the imprisonment of such deserter or
deserters; any law, usage, or custom to the contrary notwithstanding.
XXIII. Provided always, That if any person shall harbour, conceal, or
assist, any deserter for his Majesty's service within his Majesty's
said dominions in America, knowing him to be such, the person so
offending, shall forfeit for every such offence, the sum of five
pounds; or if any person shall knowingly detain, buy or exchange, or
otherwise receive, any arms, clothes, caps, or other furniture
belonging to the King, from any soldier or deserter, or any other
person, upon any account or pretence whatsoever, within his Majesty's
dominions in America, or cause the colour of such clothes to be
changed; the person so offending shall forfeit, for every such offence,
the sum of five pounds; and upon conviction upon the oath of one or
more credible witness or witnesses, before any of his Majesty's
justices of the peace, the said respective penalties of five pounds,
and five pounds, shall be levied by warrant under the hands of the said
justice or justices of the peace, by distress and sale of the goods and
chattels of the offenders; one moiety of the said first-mentioned
penalty of five pounds to be paid to the informer, by whose means such
deserter shall be apprehended; and one moiety of the said last
mentioned penalty of five pounds to be paid to the informer; and the
residue of the said respective penalties to be paid to the officer to
whom any such deserter or soldier did belong: and in case any such
offenders, who shall be convicted as aforesaid, of harbouring or
assisting any such deserter or deserters, or having knowingly received
any arms, clothes, caps, or other furniture belonging to the King; or
having caused the colour of such clothes to be changed, contrary to the
intent of this act, shall not have sufficient goods and chattels,
whereon distress may be made, to the value of the penalties recovered
against him for such offence, or shall not pay such penalties within
four days after such conviction; then, and in such case, such justice
of the peace shall and may, by warrant under his hand and seal, commit
such offender to the common gaol, there to remain, without bail or
mainprize, for the space of three months, or cause such offender to be
publickly whipt, at the discretion of such justice.
XXIV. And be it further enacted, That no commission officer shall break
open any house, within his Majesty's dominions in America, to search
for deserters, without a warrant from a justice of the peace, and in
the day-time; and that every commission officer who shall, in the
night, or without warrant from one or more of his Majesty's justices of
the peace (which said warrants the said justice or justices are hereby
impowered to grant) forcibly enter into, or break open, the
dwelling-house or out-houses of any person whatsoever under pretence of
searching for deserters, shall, upon due proof thereof, forfeit the sum
of twenty pounds.
XXV. And whereas several crimes and offenses have been and may be,
committed by several person, not being soldiers, at several forts or
garrisons, and several other places within his Majesty's dominions in
America, which are not within the limits or jurisdiction of any civil
government there hitherto established; and which crimes and offenses
are not properly cognizable or triable and punishable, by a
court-martial, but by the civil magistrate; by means whereof several
great crimes and offenses may go unpunished, to the great scandal of
government; for remedy whereof, be it further enacted by the authority
aforesaid, That from and after the twenty fourth day of March, one
thousand seven hundred and sixty five, and for so long afterwards as
this act shall continue in force, if any person or persons, not being a
soldier or soldiers, do or shall commit any crime or crimes, or offence
or offenses, in any of the said forts, garrisons, or places, within his
Majesty's dominions in America, which are not within the limits or
jurisdiction of any civil government hitherto established, it shall and
may be lawful for any person or persons to apprehend such offender or
offenders, and to carry, him, her, or them, before the commanding
officer for the time being of his Majesty's forces there; and such
offender being charged upon oath in writing, before the said commanding
officer, and which oath the said commanding officer is hereby impowered
to administer, that then, and in every such case, the said commanding
officer shall receive and take into his custody, and safely keep, every
such offender, and shall convey and deliver, or cause to be conveyed
and delivered, with all convenient speed, every such offender to the
civil magistrate of the next adjoining province, together with the
cause of his or her detainer, to be committed and dealt with by such
civil magistrates or magistrate according to law; and every such civil
magistrate is hereby commanded and required to commit every such
offender, that he or she may be dealt with according to law; and in
every such case, it shall and may be lawful to prosecute and try every
such offender in the court of such province or colony, where crimes and
offenses of the like nature are usually tried, and where the same would
be properly tried in case such crime or offence had been committed
within the jurisdiction of such court, and such crime shall and may be
alleged to be committed within the jurisdiction of such court; and such
court shall and may proceed therein to trial, judgment, and execution,
in the same manner as if the such crime or offence had been really
committed within the jurisdiction of such court; any law, usage,
custom, matter, or thing, whatsoever to the contrary notwithstanding,
XXVI. And be it further enacted by the authority aforesaid, That every
bill, plaint, action, or suit, against any person or persons, for any
act, matter, or thing, to be acted or done in pursuance of this act, or
the said other in part recited act, in any of his Majesty' dominions in
America, shall be brought and prosecuted in and before some principal
court of record in the colony where such matter or thing shall be done
or committed; and in case the same shall not be done or committed
within the jurisdiction of any such court, then in the court of the
colony next to the place where the same shall be done and committed,
and in no other court whatsoever.
XXVII. And be it further enacted by the authority aforesaid, That where
any troops or parties upon command have occasion in their march, in any
of his Majesty's dominions in America, to pass regular ferries, it
shall and may be lawful for the commanding officer either to pass over
with his party as passenger, or to hire the ferry-boat entire to
himself and his party, debarring others for that time in his option;
and in case he shall chuse to take passage for himself and party as
passengers he shall only pay for himself and for each person, officer,
or soldier, under his command, half of the ordinary rate payable by
single persons at any such ferry; and in case he shall hire the
ferry-boat for himself and party, he shall pay half of the ordinary
rate for such boat or boats; and in such places where there are no
regular ferries, but that all passengers hire boats at the rate they
can agree for, officers with or without parties are to agree for boats
at the rates that other persons do in the like cases.
XXVIII. And be it further enacted by the authority aforesaid, That all
sum and sums of money mentioned in this act, and all penalties and
forfeitures whatsoever to be incurred or forfeited for any offence,
cause, matter, or thing whatsoever, to be done, committed, or omitted
to be done in his Majesty's colonies and dominions in America, contrary
to the true intent and meaning of this act, shall be, and shall be paid
and forfeited in lawful money of the colony or place where the same
shall be forfeited or become due, at the rate of four shillings and
eight pence sterling money for a Spanish milled dollar, and not
otherwise.
XXIX. And be it further enacted by the authority aforesaid, That if any
action, bill, plaint, or suit, shall be brought or commenced against
any person or persons for any act, matter, or thing, done or acted in
pursuance of this act, that it shall and may be lawful to and for all
and every person or persons so sued to plead thereto the general issue
that he or they are not guilty, and to give the special matter in
evidence to the jury who shall try the cause; and if the verdict
therein shall pass for the defendant or defendants, or the plaintiff or
plaintiffs therein shall become nonsuit, or suffer a discontinuance, or
by any other means judgment therein shall be given for the defendants
or defendant therein; that in every such case the justice or justices,
or other judge or judges of the court in which such action shall be
brought; shall by force and virtue of this act allow unto such
defendant or defendants his or their treble costs, which he or they
shall have sustained, or be put to, by reason of the defence of such
suit, for which cost such defendant and defendants shall have the like
remedy as in other cases where costs are by the law given to defendants.
XXX. And be it further enacted by the authority aforesaid, That this
act and every thing herein contained, shall continue and be in force in
all his Majesty's dominions in America, from the twenty fourth day of
March, in the year one thousand seven hundred and sixty five, until the
twenty fourth day of March in the year of our Lord one thousand seven
hundred and sixty seven.
Published 11/19/2016
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