Mutiny (No. 2) Act 1694

IV. Officers in the Army taking Money of Innkeeper, &c. for excusing Quartering or Diet, &c.

Compelled to come before Justice of Peace, and enter into Recognizance to appear in the Court of King's Bench to answer Action; Double Damages and Costs; Cashiered, and Incapacity; If Plaintiff nonsuit, &c; like Costs to Defendant.

Provided always and bee it enacted That if any Officer of his Majesties Army shall take or cause to bee taken or knowingly suffer to bee taken any money of any Inn-holder or Victualler or the inhabitant of any Publick-House allowed by the said first recited Act for excusing the quartering of Officers or Soldiers or the diet small beer hay or straw for them or any of them thereby respectively allowed to bee taken upon credit in quarters every such Officer upon complaint thereof made upon oath to any Justice of the Peace within Five days after which oath such Justice of the Peace is hereby authorized and required to administer and by warrant under his hand and seal to compel the Offender to come before him or any other of his Majesties Justices of the Peace of the place where such Officer shall bee found to enter into a recognizance in any su[m]m not exceeding Forty pounds to appeare in his Majesties Court of Kings-Bench att a time named to answer such action as shall bee brought against him for the said offence by bill plaint or information And if upon the tryal of such action a verdict shall passe for the Plaintiff or if for default of plea to the said action or by the Defendants confession judgement shall be given for the Plaintiff in such case the Plaintiff shall recover double damages together with double costs of suit And moreover the said Defendant after such conviction shall bee ipso facto cashiered and made incapable of serving his Majestie in any Military imployment whatsoever And if the Plaintiffe in any such action shall bee nonsuit or a verdict passe against him or her or shall discontinue his or her action respectively such Plaintiffe shall pay to the Defendant the. like costs which the said Court is hereby authorized to tax and award.