City, District, or other place, shall, upon such order as aforesaid being brought or shown to one or more of them, by any of the Officers as aforesaid, issue his or their warrants to the Constables, Tithingmen, Magistrates, 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.
XVIII. 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.
XIX. Provided, always, and be it further enacted, That no such Wagon, Cart, or Carriage, impressed by authority of this Act, shall be obliged or liable, by virtue of this Act, to carry above twelve hundred weight, any thing herein contained to the contrary notwithstanding.
XX. Provided, also, That no such Wagon, Cart, or Carriage, shall be obliged to travel more than one day's inarch, 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.
XXI. 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 wilfully neglect or refuse to execute such warrants of the Justices of the Peace as shall be directed to 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, what soever, shall wilfully do any act or thing, whereby the execution of the said warrants may 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, nor less than Twenty Shillings, to be paid info 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 and offences, and all and every other offence and 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 offender's Goods and Chattels, rendering the overplus, if any, to the owner.
XXII. 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, and to satisfy the Constables, Tithingmen, Magistrates, and other Civil Officers, their charges and expenses 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 expense, 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 expenses attending the same, by the Province or Colony where the same shall arise.
XXIII. 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 taking them up to be employed in such marches beyond the settlements, by two in different 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 Carnages, 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.
XXIV. 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 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 the 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 to be found, that such suspected person is a listed Soldiery 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 Jail 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 Jailer or keeper of such Jail, House of Correction, or Prison, shall receive the fall subsitence 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 entitled any fee or reward on account of the imprisonment of such Deserter or Deserters, any law, usage, or custom, to the contrary notwithstanding.
XXV. Provided always, That if any person shall harbour, conceal, or assist any Deserter from 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 Future belonging to the King, from any Soldier or Deserter, or any other person, upon and account or pretence what soever, 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
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