miffioners. fixpence per diem, in cafe of difpute, to be afcertained and di- to be fettled out of the mo XV. Provided always, and be it further enacted by the au- Commiffionthority afcrefaid, That the faid commiffioners, or any three or ers may allot, more of them, in their refpective divifions, are hereby authoney allowed to rifed and impowered, by and out of the faid fum of twenty fhil- parish officers, lings, herein-before directed to be paid for the ufe of the officers 2s. to the of the parish or town fo employed in the raifing of fuch men, to high constaallot and order fuch fum as they fhall think fit, to the respective high constables, within their respective limits and jurifdictions, for their pains and fervice in the execution of this act, not exceeding the fum of two fhillings. bles. be inlifted; XVI. Provided always, That no perfon fhall be inlifted by Able-bodied the faid commiffioners, by virtue of this act, who is not fuch men only to an able-bodied man as is fit to serve his Majefty, and is free from ruptures, and every other diftemper, or bodily weakness or infirmity, which may render him unfit to perform the duty of a foldier; and that no man be inlisted for his Majesty's fervice by and none unvirtue of this act, who shall appear, in the opinion of the com- above miffioners, or officer or officers appointed to receive the im- of age, etc. pressed men, to be under the age of feventeen years, or above the age of forty-five years, or who fhall be under the fize of five feet four inches without fhoes. ་ der 17, nor 45 years by officer, he XVII. And, for the better preventing any difputes which may Perfons dif arife about paying for the fubfiftence of those perfons who, having charged as not been apprebended and detained by virtue of this act, may afterwards fcription of be difcharged upon examination before the commiffioners and military this act, paofficers, be it further enacted by the authority aforefaid, That if rith not to be any perfon being judged by the commiffioners not to be within allowed their the description of this act, fhall be by them discharged, the of- expences; ficers of the parish or town shall be intitled to no confideration for their expences in keeping fuch perfon; and if any perfon If within the being judged by the commiffioners to be within the defcription defcription, of this act, fhall be rejected by the military officer, fuch officer and rejected fhall pay to the officers of the parish or town fixpence per diem, thall pay the for the whole time that they fhall have kept every fuch perfon, expences of to be charged to the account of his respective regiment or com- keeping them. pany; and every officer who fhall object to any perfon delivered Objections to to him by the commiffioners, fhall specify his objection to such be fpecified, perfon, whether it shall be to his age or fize, or bodily difability, and inquired ' into by comand the grounds of fuch objection fhall be forthwith (as far as miffioners. may be) inquired into by the faid commiffioners, and they shall proceed accordingly; and every officer who fhall refufe or dif- Reasons of charge any perfon delivered to him by the commiffioners, as discharge to be tranfmitted fit to ferve his Majefty within the defcription of this act, fhall, to the fecrewithout delay, tranfmit to his Majesty's fecretary at war, his rea- tary at war. fon for fuch refufal or discharge, in writing, attested by himseif. XVIII. And in. XVIII. And it is hereby enacted and strictly enjoined by the required to be authority aforefaid, That the inhabitants of every parish and a fifting heretownship, where any perfons described as aforesaid do abide, or are to be found, at the inftance of any one or more of the commiffioners appointed for the execution of this act, or of any churchwarden, overfeer of the poor, or conftable, of the fame parish or township, fhall (not having a lawful or reasonable excufe to the contrary) be aiding and aflifting in the furtherance of his Majefty's fervice by this act defcribed. to fuch as thall discover any lifted. XIX. And, to encourage fuch inhabitants and others to affift in discovering and apprehending such persons described as aforesaid, it is 108. premium hereby further enacted by the authority aforefaid, That if any person shall discover and give information of any able-bodied proper perion, man, fit to ferve his Majefty within the defcription of this act, fo as he be in fo that he shall be apprehended and inlisted before the commiffioners as aforefaid, fuch person, for every man fo discovered and inlifted, thall receive, from the officer to whom such man shall be delivered, the fum of ten fhillings, out of the twenty fhillings which he is elfewhere directed to pay to the officers of the parish or town for every man inlifted by virtue of this act, and the remainder only of the said twenty fhillings shall, in that cafe, be paid to fuch officers. Clerks to be appointed by tioners at their first general meeting; and at fubdi the commif vifion meetings. Clerks to be paid by the officer 2s. for every man inlifted. The fecond tions of the articles of war to be read to new-railed men. XX. And be it further enacted by the authority aforefaid, That it shall and may be lawful to and for the said commiffioners, at their first general meeting affembled, to appoint a clerk to attend them, then and at each of their subsequent meetings; and for the commiffioners of the several fubdivifions to appoint a clerk to attend them at their respective meetings in each subdivifion wherein foldiers are to be lifted as aforefaid; and such refpective clerks, as a reward for their labour and pains in the execution of this act, thall be intitled to, and shall receive, for every man who fhall be lifted in purfuance of this act, at the meetings whereon they fhall respectively attend, the fum of two fhillings of lawful money of Great Britain, to be paid by the refpective officer who fhall receive fuch new raised men refpectively. XXI. And be it further enacted by the authority aforefaid, and fixth fec- That the faid commiffioners, or fuch of them as thall be present at fuch meeting for lifting of foldiers as aforefaid, fhall caufe the fecond and fixth fections of the articles of war against mutiny and desertion, to be read to such new-raised men, in the prefence of the faid commiffioners then there; and the said commiffioners, or the major part of them then prefent, fhall forthwith cause an entry or memorial to be made, in a book or books to be kept by them or their clerks for that purpose, of the names of fuch new raised men, and of the parishes or places of their laft abode (if they can be known), and of the time and place when and where fuch men were delivered to the faid officers or perfons appointed to receive them, and the names of the officers or persons who received them, and for what regiment or company they were fo received, and the fums paid; and shall caufe Names of the man, parish, time of inlift ing, etc. to be entered in a book. Attested copy thereof to be true مر admiralty,etc. true copies or duplicates of fuch entries, attefted by the faid tranfmitted, commiffioners, or any three or more of them then prefent, with- within 40 in forty days after the delivering fuch men as aforefaid, to be days, to the tranfmitted into the admiralty, or office of his Majesty's fecretary at war for the time being, to be compared with the mufterroll; and every clerk, for every neglect or default in not tranf- on penalty of mitting the faid copies or duplicates of fuch entries to the admiralty, or office of the fecretary at war, as aforefaid, thall forfeit the fum of ten pounds, one moiety thereof to the use of his Application Majesty, his heirs and fucceffors, and the other moiety to fuch of the penalperfon or perfons who thall inform or fue for the fame, in fome ty. of the courts of record at Westminster, or the court of feffions in Scotland; and it is hereby declared, that the pay of every such Commencenew-raised man, so delivered to the officers or perfons appointed ment of folto receive them as aforefaid, fhall commence from the time of dier's pay.! his being taken and fecured as aforefaid; and from and after After articles fuch delivery as aforefaid, and reading the faid articles of war, of war are every person so raised thall be deemed a lifted foldier to all in- read, foldiers to be subject tents and purposes, and thall be fubject to the difcipline of war, to martial law. and, in cafe of desertion, shall be proceeded against as a deserter by any law now in force, or by any law to be made for punishment of deferters; and no perfon fo lifted thall be liable to be taken out of his Majesty's fervice, by any process other than for fome criminal matter. ! him not to be XXII. Provided nevertheless, and be it enacted by the au- Commission. thority aforesaid, That it fhall be lawful for the commiffioners, ers prefent at the delivering who fhall have been prefent at any such meeting where any new- over any reraised man fhall have been delivered over as aforefaid, or for the cruit, may, major part of them, upon the demand of such man, or of any upon demand other perfon on his behalf, fignified to their clerk within four made in his days after fuch meeting, and by him notified to each of the faid behalf, appoint a further commiffioners, to appoint a further meeting of the faid commif- meeting; fioners, to be holden within fix days after the making of fuch demand, unless the party appealing fhall require a further reasonable time; and if, upon further and more certain informa- and finding tion, the faid commiffioners, or the major part of them at fuch within the defurther meeting, fhall find that fuch new-raised man was not, fcription of at the time of his being delivered over as aforefaid, within the this act, are defcription of this act, they are hereby required to certify the to certify the fame, under their hands and feals, to his Majefty's fecretary at fecretary at war, who, on the receipt of such certificate, thall caufe the man war, who to be forthwith difcharged; and the recruiting officer hall, on thali caufe the such person's receiving his difcharge as aforefaid, caufe to be man to be difcharged. paid to fuch man the fum of one thilling for each day he shall have been so detained in the fervice as aforefaid, to be allowed Officer to fuch officer out of the recruiting fund, over and above fuch each day he subsistence as he may have received; and the clerk appointed by fhall have been the commiffioners hall repay to fuch officer (without fee or detained. other deduction) the feveral fums before paid to him by the faid Clerk to reofficer, and shall give back the receipts taken as above directed, pay to the in exchange for a copy of the man's difcharge; and in cafe no fums received fame to the Officer to pay him Is. for er the fuch of him, etc. If no dif tained, clerk to pay over the fums de fuch discharge fhall have been obtained as aforefaid, then the charge be ob faid clerk fha!!, after the expiration of fourteen days from the time that fuch new-raised man was delivered over as forefaid, pay over, without fee or deduction, to the perfons refpectively intitled thereto under the directions of this act, the feveral fums deposited in his hands for that purpose. pofited to the proper perfons. None to be inlifted till XXIII. Provided always, That nothing in this act contained fhall be conftrued to extend to impower the faid commiffioners. to inlist any person as a foldier, until the feveral fums herein the fums pay directed to be paid, by the respective officers appointed to re able by the officers are firit paid. Officers may preffed men. fecure im Keeper to be aloed their fubfiftence money. Civil officers to be aiding in fecuring them, and to be allowed for their trouble. Commiffion. a fine, not men, and on parish officers for neglect of dury. Perfons ob Itructing the execution of ceive such new-raifed men, fhall be firit paid to the person or perfons refpectively authorized to receive the fame. XXIV. And be it further enacted by the authority aforefaid, That. the officer or officers, and other perfon or perfons, appointed to attend the faid commiffioners, and to receive fuch impreffed men, fhall, in cafe he or they hall find it neceffary, fecure fuch impreffed men in fome fecure house or place, to be provided by the juftices of the peace, in their petty or fpecial feffions, for that purpofe; but in cafe no fuch houfe or place fhall be fo provided, then in the gaol of the county, town, or place, where fuch man fhall be received into his Majefty's fervice, or in the houfe of correction, or other publick prifon, of fuch county, town, or place, where debtors are not ufually confined; and the keeper of fuch gaol, houfe of correction, or prifon, fhall receive fuch impreffed men, until they can be removed, without fee or reward; and fuch keeper shall be allowed the ufual fubfiftence for fuch men during the time they remain there, from the officer by whom they thall be delivered as aforefaid; and the conftables, headboroughs, and other civil officers, thall (if required) be affifting to fuch officer in conveying fuch man or men to such secure place, goal, or houfe of correction, and shall be allowed fuch reasonable fun or fums as the major part of the commiffioners then prefent fhall appoint to be paid by the officer or officers who fhall require fuch affift ance. XXV. And it is hereby further enacted by the authority aforefaid, That it fhall and may be lawful to and for the faid commiffioners, or any three or more of them, to impofe upon any gaoler, or keeper of a house of correction, or prifon, who fhall fuffer any perfon committed to his cuftody, in pursuance of this act, to escape; or upon any high conftable, churchwarden, overfeer, petty conftable, headborough, tythingman, or other parish or town officer, for every wilful neglect or default, in the execution of any warrant, order, or precept, to them or any of them directed in pursuance of this act, a fine not exceeding ten pounds, and to caufe every fuch fine to be levied by distress and sale of the offender's goods, rendering the overplus (if any be) to the owners, and to pay the faid fine to the informer or informers. XXVI. And be it further enacted by the authority aforefaid, That if any perfon or perfons whatsoever thall wilfully do any act act or thing whereby the execution of this act, in the fearching this act to for, taking, and fecuring, fuch able-bodied men as aforefaid, forfeit ol. fhall be hindered or frustrated, every fuch person fhall, for every fuch offence, forfeit any fum not exceeding ten pounds, fuch to the use of the informer or informers; and all and every offences may be enquired of, heard, and finally determined, by any two or more of his Majefty's juftices of the peace, dwelling in or near the place where fuch offence fhall be committed; who have hereby power to caufe the faid penalty to be levied by which may be diftrefs and fale of the offender's goods and chattels, rendering levied by diftrefs. the overplus (if any be) to the owners; and if the offenders have no goods and chattels fufficient to answer the faid penalty, then to commit him or her to the county gaol or house of correction, there to remain for the fpace of three months, without bail or mainprize. Voters for members of parliament not fiable to XXVII. Provided always, and it is hereby declared, That this act shall not extend to the taking or levying any person to ferve as a foldier, who fhall make it appear, to the fatisfaction of the commiffioners then prefent, that he hath any vote in the be lifted. election of any member or members to ferve in parliament, in any county, city, borough, town, port, or place, within the kingdom of Great Britain. XXVIII. And it is hereby enacted, That no person who, at No military the time of the execution of this act, shall have any military of- officer may fice or employment in Great Britain, (other than in the militia) be a commif. fhall execute any power or authority by this act given to commiffioners as aforefaid. Lioner. actions. XXIX. And be it further enacted by the authority aforefaid, Limitation of That if any action, plaint, fuit, or information, shall be commenced or profecuted against any perfon or perfons for what he or they shall do in pursuance or execution of this act, the fame fhall be commenced within fix months after the offence committed; and fuch perfon or perfons fo fued, in any court whatfoever, shall and may plead the general iffue, not guilty, and General iffue. upon any issue joined, may give this act, and the fpecial matter in evidence; and if the plaintiff or prosecutor shall become nonfuit, or forbear further profecution, or fuffer a discontinuance, or if a verdict pafs against him, the defendant fhall recover treble cofts; for which they fhall have the like remedy as in Treble costs. any cafe where cofts by the law are given to defendants. XXX. And, for the better obviating fuch frauds and abuses as may be praised in discharging of Joldiers, it is hereby further enacted by the authority aforefaid, That no private foldier, who No foldier or fhall be duly lifted into his Majesty's service by virtue of this marine to be discharged act, (during the time fuch foldier fhall remain in Great Britain) without a cer. thall be difcharged from his Majefty's fervice, without the con- tificate from fent of the colonel, or, in his abfence, the field officer command- his colonel, ing in chief the regiment, firft had and obtained in writing un- etc. der their hands and feals for that purpofe; in which writing the caufe of his difcharge thall be expreffed, and a duplicate or copy of which a of every fuch difcharge forthwith tranfmitted to the fecretary at duplicate to be tranfmitted war, |