For ascertaining the last legal Settlement of Soldiers having Wives or Children. of Ordnance, or from any Two of the late Commissioners for the be LXXII. And be it further enacted, That it shall and may lawful for any Justice of the Peace or Magistrate for the County, Town, or Place where any Noncommissioned Officer or Soldier shall be quartered in any Part of the United Kingdom, in case such Noncommissioned Officer or Private Soldier have either Wife or Child or Children, to cause such Noncommissioned Officer or Soldier to be summoned before him, in the Town or Place where such Noncommissioned Officer or Soldier shall be quartered, in order to make Oath of the Place of his last legal Settlement, if such Noncommissioned Officer or Soldier shall belong to any Parish or Place in that Part of Great Britain called England (which Oath such Justice or Magistrate is hereby empowered to administer); and such Noncommissioned Officer or Private Soldier as aforesaid is hereby directed to obey such Summons, and to make Oath accordingly; and such Justice or Magistrate is hereby required to take the Examination of such Noncommissioned Officer or Soldier in Writing, and to give an attested Copy of the Examination so taken before him to the Person so examined, to be by him delivered to his Commanding Officer, in order to be produced when required; which said Examination and such attested Copy shall be at any Time admitted in Evidence, as to such last legal Settlement, before any of His Majesty's Justices of the Peace, or at any General or Quarter Sessions of the Peace, although such Noncommissioned Officer or Soldier be dead or absent from the Kingdom; Provided always, that in case any Noncommissioned Officer or Private Soldier shall be again sum moned moned to make Oath as aforesaid, then on such Examination or such attested Copy thereof being produced by him, or by any other Person on his Behalf, such Noncommissioned Officer or Soldier shall not be obliged to take any other or further Oath with regard to his legal Settlement, but shall leave a Copy of such Examination, or a Copy of such attested Copy of Examination, if required. LXXIII. And be it further enacted, 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 England, Ireland and Wales, and the Town of Berwick-uponTweed, all Justices of the Peace, within their several Counties, Ridings, Divisions, Shires, Liberties, and Precincts, being duly required thereunto by an Order from His Majesty, or the General of His Forces, or the Master General or Lieutenant General of His Majesty 's Ordnance, if in England, Wales, or Berwickupon-Tweed, or by an Order from the Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being, or from the Officer commanding His Majesty's Forces in Ireland, or other Person duly authorized in that Behalf, shall, as often as such Order is brought and shewn unto One or more of such Justices by the Quartermaster, Adjutant, or other Officer or Noncommissioned Officer of the Regiment, Detachment, Troop, or Company so ordered to march, issue out his or their Warrant or Warrants to the Constables or Petty Constables of, or to any Constable or Constables acting or having Authority to act in the Division, Riding, City, Liberty, Hundred, and Precinct, from, through, near, or to which such Regiment, Detachment, Troop, or Company shall be ordered to march, for each of which Warrants the Fee of One Shilling only shall be paid; requiring them to make such Provision of Carriages and Horses, or Oxen, with able Men to drive the same, as is mentioned in the said Warrant, allowing them sufficient Time to do the same, that the neighbouring Parts may not always bear the Burthen; and specifying in such Warrants the Place or Places from and to which the said Carriages shall, by virtue of such Orders as aforesaid, be required to travel, also specifying the Number of Miles between the Places, for which Number of Miles only so specified Constables or Petty Constables are authorized to demand Payment, which shall not exceed the Day's March of the Troops, as prescribed in the Order produced to the Magistrates, unless in case of pressing Emergency or Necessity, and shall in no case whatever exceed Twentyfive Miles from the Place at which the March shall commence; and in case sufficient Carriages cannot be provided within any such Liberty, Division, or Precinct, then the Justice or Justices of the Peace of the next adjoining County, Riding, or Division shall, upon such Order as aforesaid being brought or shewn to One or more of them by any of the Officers aforesaid, issue his or their Warrant to the Constables or Petty Constables of such next County, Riding, Liberty, Division, or Precinct, as shall be most convenient for the Purposes aforesaid, according to their respective Jurisdictions, to make up such Deficiency; and the aforesaid Officer or Officers, who by virtue of the aforesaid Warrant from the Justices of the Peace, are to demand the Carriage or 7 & 8 GEO. IV. Carriages D For the providing Carriages for the Forces England and Warrants to specify the Places to which the Carriages shall travel, and the Number of Miles, &c. Penalty on Rates to be paid for Carriages in England. Carriages therein mentioned of the Constable or Petty Constable to whom the Warrant is directed, is and are hereby required at the same Time to pay down in Hand to the said Constable or Petty Constable, for the Use of the Person who shall provide such Carriages and Men, the Sums hereinafter mentioned respectively, for which respective Sums so received the said Constable or Petty Constable is hereby required to give a Receipt in Writing (which Receipt need not be stamped) to the Person or Persons paying the same; and such Constable or Petty Constable shall order and appoint such Person or Persons having Carriages within their respective Liberties, as they shall think proper, to provide and furnish such Carriages and Horses and Oxen and Men, according to the Warrant aforesaid, who are hereby required to provide and furnish the same accordingly; and no Person owning or driving or causing to be driven any such Waggon, Wain, Cart, or other Carriage, shall be subject to any Penalty or Forfeiture, nor shall any such Waggon, Wain, Cart, or other Carriage be stopped or detained, by reason of any Weight in any such Waggon, Wain, Cart, or other Carriage, or of being drawn by any Number of Horses or Oxen; but it shall be lawful for any Owner of such Waggon, Wain, Cart, or other Carriage, to put any additional Number of Horses or Oxen to those prescribed or paid for under this Act; any thing in any Act or Acts relating to Highways or Turnpike Roads, or any particular Highway or Road, to the contrary notwithstanding; and if any Military Officer or Officers, for the Use of whose Regiment, Detachment, Troop, or Company the Carriage, was provided, shall force and constrain any Waggon, Wain, Cart, or Carriage to travel beyond the Distance specified in the Magistrate's Warrant, or shall not discharge the same in due Time for their Return Home on the same Day, if it be practicable, or shall suffer any Soldier or Servant (except such as are sick), or any Woman, to ride in the Waggon, Wain, Cart, or Carriage as aforesaid; or shall force any Constable or Petty Constable, by threatening or menacing Words, to provide Saddle Horses for themselves or Servants, or shall force Horses from the Owners, by themselves, Servants, or Soldiers, every such Officer for every such Offence shall forfeit the Sum of Five Pounds, Proof thereof being made upon Oath before Two of His Majesty's Justices of the Peace of the same County or Riding, who are to certify the same to the Secretary at War, who is hereby authorized and required to give Orders for the Payment of the aforesaid Sum of Five Pounds, according to the Order and Appointment under the Hands and Seals of the aforesaid Justices of the Peace of the same County or Riding, and for deducting the same out of such Officer's Pay. LXXIV. And be it further enacted, That the Sums to be paid into the Hands of such Constable or Petty Constable in England, Wales, and Berwick-upon-Tweed, shall be according to the following Rates; that is to say, the Sum of One Shilling for every Mile any Waggon with Four or more Horses shall travel; and the Sum of One Shilling for every Mile any Wain with Six Oxen, or Four Oxen with Two Horses, shall travel; and the Sum of Nine Pence for every Mile any Waggon with narrow Wheels, or any Cart with Four Horses respectively, or carrying not less than Fifteen Hundred Hundred Weight, shall travel; and the Sum of Sixpence for every Mile every Cart or other Carriage with less than Four Horses, and not carrying Fifteen Hundred Weight, shall travel; or any further Sum not exceeding Four Pence for every Mile any Waggon with Four or more Horses, or any Wain with Six Oxen, or with Four Oxen and Two Horses, shall travel; and not exceeding Three Pence for every Mile any Cart with Four Horses, or carrying not less than Fifteen Hundred Weight, shall travel; and not exceeding Two Pence for every Mile any Cart or Carriage with less than Four Horses, and not carrying Fifteen Hundred Weight, shall travel; such further Sum of Four Pence, Three Pence, or Two Pence respectively, or such Proportion of those Rates as may be deemed fair and reasonable, to be fixed and ordered by the Justices of the Peace for any County or District, assembled at any General Sessions of the Peace for such County or District, the said Justices having regard to the Price of Hay and Oats, and specifying in their Order the Average Price thereof at the nearest Market Town at the Time of fixing such additional Rates: Provided always, that in Cases where the Day's March shall exceed Fifteen Miles, such further Compensation shall be made and paid in like Manner to the Owners of the said Carriages as shall be deemed reasonable by the Magistrate who granted the Warrant for impressing them, not exceeding the usual Rate and Hire of such Carriages: Provided always, that every Order of the Justices assembled at any General Sessions of the Peace, fixing a further Sum to be paid for the Hire of Carriages as aforesaid, in addition to the customary Rates of One Shilling, and Nine Pence, and Sixpence per Mile respectively, shall specify the Period for which the same shall be in force, and which shall not in any Case exceed Ten Days beyond the General Sessions of the Peace of such County or District next ensuing the Date of such Order; and a Copy of every such Order, signed by the Chairman or presiding Magistrate and One other Justice of the Peace or Magistrate at the Quarter Sessions at which the same shall be made, shall within Three Days after the making thereof, be transmitted to the Secretary at War; and no such Order shall be valid or effectual unless a Copy thereof be so signed and transmitted as aforesaid: Provided also, that in every Case of any further Sum being allowed as aforesaid for the Hire of any Carriage, the Justice of the Peace granting or signing the Warrant, shall insert, in his own Hand, the Amount of such further Sum for each Description of Carriage, as so authorized by the Justices at the Quarter Sessions as aforesaid, and the Date of the Order of the said Justices; and such Warrant shall be given to the Officer or Noncommissioned Officer commanding the Regiment, Corps, Company, Detachment, or Party requiring such Carriages, as his Voucher for the Payment of such further Sum; and no further Sum shall be demanded but such as shall be so inserted by the Justice in the Warrant. LXXV. And Whereas great Inconvenience often arises from 'there being no Justice of the Peace or Magistrate residing near to Places specified in Routes at which Soldiers are to halt, and 'be billetted and quartered on the March, to issue Warrants for 'the providing of Carriages;' For Remedy whereof be it enacted, D 2 That For providing Distance from the Residence of the Peace. That it shall be lawful for any Constable, Tithingman, or Headborough, duly authorized for that Purpose by Warrant under the Hand and Seal of any Justice or Justices of the Peace residing nearest to such Place or Places, to make and give Orders for the of any Justice providing of Carriages for the Baggage of Soldiers on March, and to appoint Persons having Carriages within their respective Liberties or Jurisdictions to provide and furnish such Carriages, without having any special or particular Warrant for that Purpose; and all such Orders and Appointments shall be and be deemed to be as valid and effectual in all respects, and to all Intents and Purposes, as if the same had been made and given by the Justice or Justices of the Peace having such Authority: Provided always, that every such Justice of the Peace shall, at the Time of giving such Warrant and Authority, and thereafter once in each Year, or oftener if necessary, cause a List or Lists to be made out, of all Persons liable to furnish such Carriages, under such Warrant, and of the Number and Description of Carriages belonging respectively to the Persons so liable to be required to furnish Carriages for Baggage, or for Troops on the March; and such Lists shall, at all seasonable Hours, be open to the Inspection of all Persons whose Names shall be inserted therein; and all Orders and Appointments for such Carriages shall be made and taken from such Lists in regular Rotation, as far as the same can be done, so as that the providing such Carriages shall be equally distributed among the several Persons liable to furnish the same under the Provisions of this Act. Rates of Car • LXXVI. And Whereas, from various local Circumstances, the Rates of Carriage in Ireland cannot be regulated in the same Manner as the Rates in England;' Be it therefore enacted, That riage in Ireland. the Sums to be paid in that Behalf in Ireland shall be as follows; (that is to say,) for every Hundred Weight which the Owner or Owners of any Wheel Carriage shall take as Loading on such Wheel Carriage, the Sum of One Halfpenny for every Mile or reputed Mile he or they shall therewith march, or according to such Rate as shall be fixed and ordered by the Justices of the Peace for any County or District, the said Justices having regard to the Price of Hay and Oats at the Time of fixing such additional Rates; and that the said Sums respectively shall be paid to such Owner or Owners respectively, or to their Carmen or Draymen respectively; and that every such payment shall, if required, be made in the Presence of a Justice of the Peace, Constable, or Petty Constable. • LXXVII. And Whereas it may sometimes become necessary in Cases of Emergency to provide proper and speedy Means for the Carriage and Conveyance not only of the Arms, Clothes, Accoutrements, Tents, Baggage, and other Equipage of and belonging to His Majesty's Forces in their Marches, but also to the Officers, Soldiers, Servants, Women, Children, and other Persons of and belonging to such Forces: And Whereas it is expedient that Provision should be made for enforcing prompt Obedience to such Orders as His Majesty or the Lord Lieutenant or other Chief Governor in Ireland may in such Cases think fit to issue in pursuance of the Powers by Law vested in him for the Advancement of the general Good and public Welfare of the 'Realm;' |