March
24, 1765
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
... [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 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 ...,
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 place, and for no others; and such constables
... and other civil officers as aforesaid, are hereby required
to billet and quarter 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,
victuallinghouses, 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 ale houses,
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, towns, 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 room in such
barracks and publick houses as aforesaid....
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 ... 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....
III.
[Military officers taking upon themselves to quarter soldiers
contrary to this act, or using any menace to a civil officer to
deter them from their duty, to be cashiered. Persons aggrieved
by being quartered on may complain to the justices, and be relieved.]
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, victuallinghouses,
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, ... (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 noncommission 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 noncommission
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 ... 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 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....
XXX.
And be it further enacted ... That this act ... shall continue
and be in force in all his Majesty's dominions in America from
[March 24, 1765] until [March 24, 1767].
From
Documents of American History, published by FS Crofts
& Co, 1940
|