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stamped or marked as by this act is directed; every such person, shall for every such offence, forfeit the sum of forty shillings.

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LIV. And be it further enacted . . That all the monies which shall arise by the several rates and duties hereby granted (except the necessary charges of raising, collecting, recovering, answering, paying, and accounting for the same, and the necessary charges from time to time incurred in relation to this act, and the execution thereof) shall be paid into the receipt of his Majesty's exchequer, and shall be entered separate and apart from all other monies, and shall be there reserved to be from time to time disposed of by parliament, towards further defraying the necessary expences of defending, protecting, and securing, the said colonies and plantations.

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LVII. [Forfeitures and penalties incurred after September 29, 1765, for offences against the Sugar Act (4 Geo. III., c. 15,)], and for offences committed against any other act or acts of Parliament relating to the trade or revenues of the said colonies or plantations; shall and may be prosecuted, sued for, and recovered, in any court of record, or in any court of admiralty, in the respective colony or plantation where the offence shall be committed, or in any court of vice admiralty appointed or to be appointed, and which shall have jurisdiction within such colony, plantation, or place, (which courts of admiralty or vice admiralty are hereby respectively authorized and required to proceed, hear, and determine the same) at the election of the informer or prosecutor.

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LVIII. [Penalties and forfeitures incurred for offences against this act to be sued for and recovered as in Sec. LVII.]; and that from and after . . . [September 29, 1765] . in all cases, where any suit or prosecution shall be commenced and determined for any penalty or forfeiture inflicted by this act, or by the said act made in the fourth year of his present Majesty's reign, or by any other act of parliament relating to the trade or revenues of the said colonies or plantations, in any court of admirality in the respective colony or plantation where the offence shall be committed, either party, who shall think himself aggrieved by such determination, may appeal from such determination to any court of vice admiralty appointed or to be appointed, and which shall

have jurisdiction within such colony, plantation, or place . . . ; and the forfeitures and penalties hereby inflicted, which shall be incurred in any other part of his Majesty's dominions, shall and may be prosecuted, sued for, and recovered, with full costs of suit, in any court of record within the kingdom, territory, or place, where the offence shall be committed, in such and the same manner as any debt or damage, to the amount of such forfeiture or penalty, can or may be sued for and recovered.

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No. 34. Quartering Act

April, 1765

FURTHER to carry into effect the plans of the ministry in reference to America, the annual Mutiny Act of 1765 authorized the dispatch to the colonies of such troops as might be deemed necessary. As it was anticipated that the number so sent would be greater than formerly, the Quartering Act was passed to provide for their accommodation. The provisions of the act were re-enacted in 1775 (15 Geo. III., c. 15), and made applicable to the naval forces while on shore.

REFERENCES. —Text in Pickering's Statutes at Large, XXVI., 305–318. The act is cited as 5 Geo. III., c. 33.

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.

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WHEREAS .. [by the Mutiny Act of 1765] . . . 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

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and other civil officers of villages, towns, townships, cts, and other places, within his Majesty's dominions and in their default or absence, for any one justice e inhabiting in or near any such village, township, or place, and for no others; and such constables . . ivil officers as aforesaid, are hereby required to billet the officers and soldiers, in his Majesty's service, in s provided by the colonies; and if there shall not be om in the said barracks for the officers and soldiers, such case only, to quarter and billet the residue ... y stables, ale-houses, victualling-houses, and the houses wine by retail to be drank in their own houses or places elonging, and all houses of persons selling of rum, ng water, cyder or metheglin, by retail, to be drank in 1 in case there shall not be sufficient room for the soldiers in such barracks, inns, victualling and other houses, that in such and no other case, and upon no nt, it shall and may be lawful for the governor and ach respective province in his Majesty's dominions in authorize and appoint, and they are hereby directed red to authorize and appoint, such proper person or hey shall think fit, to take, hire and make fit, and, in he said governor and council appointing and authorerson or persons, or in default of such person or perinted neglecting or refusing to do their duty, in that and may be lawful for any two or more of his Majesty's e peace in or near the said villages, towns, townships, ts, and other places, and they are hereby required e, and make fit for the reception of his Majesty's and so many uninhabited houses, outhouses, barns, ldings, as shall be necessary, to quarter therein the ach officers and soldiers for whom there should not be barracks and publick houses as aforesaid . . .

Cater.

Provided alwa

on whom an
quartered by
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the space of
and soldiers

shall be desirou
s with candles
ot exceeding fiv
water, for each
on officers or
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ther officer under whose orders any regiment or march, shall, from time to time, give . . . as conveniently may be, in writing, signed by such officer of their march, specifying their numbers hing as near as may be, to the respective governors through which they are to march . . .

- officers taking upon themselves to quarter solo this act, or using any menace to a civil officer om his duty, to be cashiered. Persons aggrieved ers quartered upon them may complain to justices d be relieved.]

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nevertheless, and it is hereby enacted, That the liers so quartered and billeted as aforesaid (except - quartered in the barracks, and hired uninhabited - buildings as aforesaid) shall be received and furt, and small beer, cyder, or rum mixed with water, of the inns, livery stables, alehouses, victuallingher houses in which they are allowed to be quared by this act; paying and allowing for the same s herein after mentioned to be payable, out of the ney, for diet and small beer, cyder, or rum mixed

d always, That in case any innholder, or other om any non-commission officers or private men red by virtue of this act, . . . (except on a march, recruiting, and likewise except the recruits by them ¿pace of seven days at most, for such non-commission oldiers who are recruiting, and recruits by them e desirous to furnish such non-commission officers h candles, vinegar, and salt, and with small beer or eding five pints, or half a pint of rum mixed with a , for each man per diem, gratis, and allow to such non

notice of such his desire to the commanding officer, and shall furnish and allow the same accordingly; then . . . the noncommission 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 of such non-commission officers and soldiers, shall pay the several sums herein after-mentioned to be payable, out of the subsistence-money, for diet and small beer, to the non-commission officers and soldiers aforesaid . . .

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 conveniency as well of the inhabitants of and in such colonies, as of the soldiers; it is hereby further enacted, That all such officers and soldiers, so put and placed in such barracks, or in hired uninhabited houses, outhouses, 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. [Persons taking or hiring uninhabited houses, &c., for troops, and furnishing supplies as aforesaid, to be reimbursed by the province.]

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That if any constable,

XI. And be it further enacted tythingman, 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 or 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 in case any victualler, or any other person liable by this act to have any officer or soldier

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