A. D. 1763. Anno quarto Georgii HI. C. 3. 123 ' XLIX. And whereas feveral Soldiers being duly lifted do afterwards defert, and are often found Juftices may commit
- wandering, or otherwife abfenting themfelves illegally from his Majefty's Service ;' It is hereby Deferters.
further enacted, That it fhall and may be lawful to and for the Conftable, Headborough orTything- man of the Town or Place, where any Perfon, who may be reafonably fufpected to be fuch a De- ferter, fhall be found, to apprehend, or caufe him to be apprehended, and to caufe fuch Perfon to be brought before any Juftice of the Peace, living in or near fuch Town or Place, who hath hereby Power to examine fuch fufpected Perfon ; and if by his Confeffion, or the Teftimony of one or more Witnefs or Witnefles upon Oath, or by the Knowledge of fuch Juftice of the Peace, it fhall appear or be found, that fuch fufpected Perfon is a lifted Soldier, and ought to be with the Troop or Com- pany to which he belongs ; fuch Jullice of the Peace fhall forthwith caufe him to be conveyed to the Gaol of the County or Place where he fhall he found; or to theHoufe of Correction, or other pub- lick Prifon in fuch Town or Place where fuch Deferter fhall be apprehended ; or to the Savoy, in cafe fuch Deferter fhall be apprehended within the City of London, or Wejlminjler, or Places adjacent; and tranfmit an Account thereof to the Secretary at War for the Time being, to the end fuch Perfon may be proceeded againft according to Law : And the Keeper of fuch Gaol, Houfe of Correction, or Prifon, fhall receive the full Subfiftence of fuch Deferter or Deferters, during the Time that he or they fhall continue in his Cuftody, for the Maintenance of the faid Deferter or Deferters ; but fhall not be intitled to any Fee or Reward, on account of the Imprifonment of fuch Deferter or Deferters -, any Law, Ufage or Cuftom to the contrary notwithftanding. L. And, for the better Encouragement of any Perfon or Perfons to fecure or apprehend fuch De- Reward for takin-up* ferters, as aforefaid, Be it further enacted by the Authority aforcfaid, That fuch Juftice of the Peace Dekrtet; " fhall alfo iffue his Warrant in Writing to the Collector or Collectors of the Land Tax Money of the Parifh or Townfhip where fuch Deferter fhall be apprehended, for paying out of the Land Tax Mo- ney arifen or to arife in the Year one thoufand feven hundred and fixty-four, into the Hands of fuch Perfon who fhall apprehend, or caufe to be apprehended, any Deferter from his Majefty's Service, the Sum of twenty Shillings for every Deferter that fhall be fo apprehended and committed ; which Sum of twenty Shillings fhall be fatisfied by fuch Collector or Collectors to whom fuch Warrant fhall be directed, and allowed upon his Account. LL Provided always, That if any Perfon fhall harbour, conceal, or affift any Deferter from his Penalty on Perfons con- Majcfty's Service, knowing him to be fuch ; the Perfon fo offending fhall forfeit, for every fuch Of- cealing Deferters, »r fence, the "Sum of five Pounds; or if any Perfon fhall knowingly detain, buy or exchange, or other- c^thls'&c Ar "' s ' wife receive any Arms, Clothes, Caps, or other Furniture belonging to the King, from any Soldier or Deferter, or any other Perfon, upon any Account or Pretence whatfoever, or caufe the Colour of fuch Clothes to be changed ; the Perfon fo offending fhall forfeit, for every fuch Offence, the Sum of five Pounds ; and upon Conviction by the Oath of one or more credible Witnefs or Witnefles, before any of his Majefty's Juftices of the Peace, the faid refpective Penalties of five Pounds, and five Pounds, fhall be levied by Warrant under the Hands of the faid Juftice or Juflices of the Peace, by Diftrefs and Sale of the Goods and Chattels of the Offender ; one Moiety of the faid firft-mentioned Penalty of five Pounds to be paid to the Informer, by whofe Means fuch Deferter fhall be appre- hended ; and one Moiety of the faid laft-mentioned Penalty of five Pounds to be paid to the Informer ■,. and the Refidue of the faid refpective Penalties to be paid to the Officer to whom any fuch Deferter or Soldier did belong : And in cafe any fuch Offender, who fhall be convicted as aforefaid, of har- bouring or afTifting any fuch Deferter or Deferters ; or having knowingly received any Arms, Clothes, Caps, or other Furniture belonging to the King ; or having caufed the Colour of fuch Clothes to be changed, contrary to the Intent of this Act, fhall not have fufficient Goods and Chattels, whereon Diftrefs maybe made, to the Value of the Penalties recovered againft him for fuch Offence, or fhall not pay fuch Penalties within four Days after fuch Conviction ; then, and in fuch Cafe, fuch Juftice of the Peace fhall and may, by Warrant under his Hand and Seal, either commit fuch Offender to the common Gaol, there to remain without Bail or Mainprize for the Space of three Months, or caufe fuch Offender to be publickly whipt, at the Difcretion of fuch Juftice. LII. Provided always, That no Commiflion Officer fhall break open any Houfe to fearch for De- Penalty on offim- ferters, without Warrant from a Juftice of the Peace ; and that every Commiffion Officer who fhall breaking open Houfe without Warrant from one or more of his Majefty's Juftices of the Peace (which faid Warrants the wlth ° utW «"nt. faid Juftice or Juftices are hereby impowered to grant) forcibly enter into or break open the Dwel- ling-houfe or Out-houfes of any Perfon whatfoever, under Pretence of fearching for Deferters, fhall, upon due Proof thereof, forfeit the Sum of twenty Pounds. LIII. Provided always, That it fhall and may be lawful to and for his Majefty to form, make and His Majefty impowered eftablifh Articles of War for the better Government of his Majefty's Forces, and for bringing Of- to make Articles ox fenders againft the fame to Juftice ; and to erect and conftitute Courts-martial, with Power to try, NV:U "' hear and determine any Crimes or Offences by fuch Articles of War, and inflict Penalties by Sentence or Judgment of the fame, as well within the Kingdoms of Great Britain and Ireland, Jerjey, Giurnfey, Aldemey and Sari, and the Iflands thereto belonging, as in the Ifland of Minorca, his Majefty's Gar- rifon of Gibraltar, and in any of his Majefty's Dominions beyond the Seas. LIV. Provided always, That no Perfon or Perfons fhall be adjudged to fufter any Punifliment, None to be adjudged of extending to Life or Limb, by the faid Articles of War, within the Kingdom of Great Britain and Life 01 Limb, but for Ireland, Jerfey, Guernfey, Aldemey and Sark, and the Iflands thereto belonging, except for fuch Crimes £ ,,m " j?^'^ ^5" as are .exprefled to be fo punifliable by this Act. Ad?.""' * '* 3 R 2 LV.
