« PreviousContinue »
to the secretary at war.
to be cashiered.
Impressed men, after 5 years service, to be discharged, if they demand it.
Clerks to be rewarded for their trouble in transmitting duplicates, etc.
war, to be by him kept and entered in a book; or if a marine,, without the consent of the lord high admiral, or the com misOfficer breaks sioners-of the admiralty for the time being, first had and obing this order tained; and any officer that shall presume to discharge any soldier inlisted pursuant to this act, in any other manner contrary to this act, snail, for such offence, be cashiered.
XXXI. Provided always, and it is hereby enacted, That every person who shall be impressed upon this act, after he shall have continued in the military service of his Majesty, his heirs and successors, during the space of five years, (hall be at liberty, if he think fit, to demand his discharge from the colonel, or, in his absence, the officer commanding the regiment or company to which he shall belong, unless the nation (hall be then engaged in a war, and in that cafe such person shall remain in service during the continuance of war; and such discharge shall be granted to h\a\ gratis, in writing under the hand of such-colonel or officer, who is hereby impowered and required to give the fame accordingly; any thing herein contained to the contrary notwithstanding.
XXXII. And be it further enacted, That the said several clerks to the said commissioners, provided the said copies or duplicates be duly transmitted into the office of the admiralty, or secretary at war, as aforesaid, shall have and receive, by the hands of the paymasters of his Majesty's land forces and marines, or one of them, such rewards as the lord high treasurer, or commissioners of the treasury for the time being, upon consideration of the numbers of men listed in the several counties, cities, boroughs, or other places, and the pains and charges of the several clerks in this service, shall judge the said clerks severally and respectively to deserve.
XXXIII. Provided always, That his Majesty, when he shall be satisfied, by the said returns of the commissioners, or otherwise, that a sufficient number of recruits in the whole stiail be
beraifed,may, raised for his present service, may be graciously pleased to suspend byproclama- or stop the further execution of this act, by proclamation, or tion^etc^su- orcjer jn council, or other publick notice in the London Gazette y execution of any thing herein contained to the contrary notwithstanding, this act? XXXIV. Provided also, That his Majesty, when he "shall
ormaysuspend judge it expedient for his service, may at any time suspend or or inforce it enforce the execution of this act, in any county or place of Great Britain, by notice from his Majesty's secretary at war; any thing herein contained to the contrary notwithstanding. ,
XXXV. Provided always, and be it further enacted by the authority aforesaid, That no commissioner, church warden,, overseer, constable, headborough, tythingman, or other parish or town officer, who shall be employed in the execution of this act, shall be liable, for or by reason of such execution, to any of the penalties mentioned, in an act made in the twenty-fifth year of the reign of King Charles the Second, For preventing dangers which may happen from popijh recusants; or in one other act, made in the first year of the reign of King William and Queen Mary,
His Majesty, when a fuffi • cient number of men shall
in any county
(intituled, An aft for abrogating the oaths of allegiance and fupre- 1 Oul &Mar. macy, and appointing other oaths); or in one other act, made in 'the parliament holden in the'thirteenth and fourteenth years of the reign of the late JKing William the Third, (intituled, An acl TMd z3 & *4 for the further security of his Majesty's person, and the succession ofGu[* 3* the crown in the protestant line; and for the extinguishing the hopes of the pretended prince of Wales, and all other pretenders, and their open and secret abettors.)
XXXVI. Provided always, and be it enacted, That no per- Comm'flionson or persons, hereby appointed to be a commissioner or com- ers in England missioners for any county, riding, city, borough, cinque-port, nii or place, of England, Wales, or Berwick upon Tiveed, (except such taker/the
as duly qualified themselves to be justices of the peace, or com- oaths apmisiioners for executing the said act for the land tax made and pointed by passed in the fifteenth year of his present Majesty's reign, or any act:s subsequent act or acts of parliament for that purpose), shall be capable, in England, Wales, or Berwick upon Tiveed, of acting as a commissioner or commissioners in the execution of this act, or executing any the powers of the commissioners therein mentioned, (unless it be the power hereby, given of administering oaths), until such time as he or they respectively shall have taken the oaths appointed by an act of parliament, made in the first year of the reign of King William and Queen Mary, (inti- 1 Gul. &Mar# tuled, An acl for the abrogating the oaths of supremacy, and allegiance, and appointing other oaths)-, and also in the said act, (intituled, An acl for the further security of his Majesty's person, and the. and x3 & H succession of the crown in the protestant line-, and for extinguishing the Gu1,3* hopes of the pretended prince of Wales, and all other pretenders, and their open and^secret abettors)-, which oaths it shall and may be lawful to and for any two or more of the said commissioners to administer, and they are hereby required to administer the fame to any other of the said commissioners; and that no person "or commlsor persons, hereby appointed to be a commissioner or^commif- la^^"^^ fioners for any part of Scotland, (except such as duly qualified have quafified themselves, according to the laws of Scotland, to be commis- themselves as fioners there for executing the said act for the land tax made and fhe 1>1VVS there passed in the fifteenth year of his present Majesty's reign, or any d,rect» subsequent act or acts of parliament for that purpose), mall be capable of acting as a commissioner or commissioners in the.execution of this present act, in any part of Scotland, until such time as he or they respectively shall have duly qualified themselves, according to the laws of Scotland, for that purpose.
XXXVII. Provided always, and be it enacted, That if any Commiffionperson hereby appointed a commissioner for any county, city, ers in England town, or place, in England, Wales, or Berwick upon Tweed, (ex- act(n& b^oie cept as before excepted) shall presume to act as a commis- JakenThe sioner in the execution of this act, before he (hall have taken the oaths,
said oaths which by this act he is required to take, and in the manner hereby prescribed, he shall forfeit to his Majesty the sum of two hundred pounds, to be recovered by action of debt, or forfeit 200!. on the cafe, bill, suit, or information, in any of his Majesty's Vol. XXXII. K courts
and com mi siioaers in Scotland, 501.
Commissioners for the county, fete, at large, may act for any city, etc.
Qial'fication ot commissioners for counties at large within England,
Persons disabled presum 4 ing to act, forfeit 50 I.
Commissioners may act
courts of record at Westminster, wherein no essoin,. protection, wager of law, or more than one imparlance, shall be allowed; and that if any person hereby appointed a commissioner for any (hire, stewartry, burgh, or place in Scotland, (except as before excepted), (hall presume to act as a commissioner in the execution of this act, before that he shall have qualified himself according to the laws in Scotland, he shall forfeit to his Majesty the sum of fifty pounds, to be recovered in the court of exchequer in Scotland, in the fame manner as any other penalties are there recoverable.
XXXVIII. Provided also, That in cafe there (hall not be a sufficient number of commissioners for any city, borough, town, port, or place, of Great Britain, (for which by this act commissioners are specially appointed), capable of acting according to the respective qualifications required by this act -y then, and in every such cafe, any the commissioners appointed for the county, (hire, or stewartry at large, within which such city, borough, town, or place, cloth stand, or which is next adjoining thereto, may act as commissioners in the execution of this act, within such city, borough, town, port, or place j any thing herein contained to the contrary notwithstanding.
XXXIX. Provided always, and be it enacted by the authority aforesaid, That no commissioner of the land tax, not being a justice of the peace, or a magistrate of a corporation or a borough, thall be capable of acting as a commissioner in the execution of this act, or of any of the powers therein contained, in or for any county at large, within England, the dominion of Wales* (the counties of Anglesey, Merioneth, Cardigan, Caermartben, Glamorgan, Montgomery, Pembroke, Caernarvon, and Monmouth* excepted), or in or for any of the ridings in the county of York, unless such person by himself, or his tenants or trustees, was taxed or did pay, in the fame county or riding:, for the value of one hundred pounds per annum, or more of his own estate, by virtue of the said act for the land tax, made and passed in England, in the fifteenth year of his Majesty's reign, or any subsequent act or acts of parliament for that purpose; or unless such person so appointed to be a commissioner shall, at the time of the execution of this act, by himself, his tenants or trustees, enjoy an estate of lands, tenements, or hereditaments, of the said yearly value of one hundred pounds,'or more, within the said county or riding respectively; any thing herein contained to the contrary notwithstanding.
XL. And it is hereby further enacted, That if any person intended by this act to be disabled for the cause last-mentioned, shall nevertheless presume to act as a commissioner in the execution of this act, or any of the powers therein contained, every such person, for such offence, shall forfeit the sum os fifty pounds, to any person or persons who will inform or sue for the fame, to be recovered in any of his Majesty's courts of record at Westminster, or in the exchequer of Scotland, as aforesaid.
XLL Provided nevertheless, and it is hereby enacted, That o no no person who is appointed to be a commissioner for executing f°r any ciry, this act in any part of Great Britain, (hall be disabled, for the cause last-mentioned, from acting as a commissioner within bitant? Vr" and for any city, borough, cino^e-port, or corporate town for inns of only, whereof he lhal! be an inhabitant at the time of the exe- court, cution of this act, or from acting 2s a commissioner within any . of the inns of court or inns of chancery.
XLII. And whereas some doubts may arise whether mayors bailiffs, and other chief magistrates of cities, boroughs, towns corporate, and cinque-poi ts, for which commissioners are specially appointed by virtue of this ad, can acl as commissioners for executing this aft in the said cities, boroughs, towns corporate, and cinque-ports; be it further enacted by the authority aforesaid, That all mayors,- Mayors baibailiffs, and other chief magistrates, who are appointed cornrnif- J»ffs,etc, toact sionersfor executing this act, shall be, and have power to act as fon°rTTMeci commissioners for executing this act, within and for any city, ally appointborough, town corporate, or cinque-port, wherein they inhabit ed. at the time of executing this act, as well where commissioners are specially appointed by this act, as where they are not.
XL1I.T. And -whereas it may often he expedient for his Majesty $ service, thai the commistoners hereby appointed stall execute this acl in cities, towns, or other places, ivhere it may not be convenient to enforce the execution thereof through the county in ivhich such city, town, or place, stall be respectively stuate; be it therefore enacted by the authority aforesaid, That the mayor or other chief magistrate of Chief ma»t. every city, town, or place, shall, upon receiving notice for that grates of ctpurpose from the secretary at war, immediately proc-jed to put t,£S*etc* °Pon this act in execution within their respective jurisdictions, in the [i^e'seVet^ry fame manner, to all intents and purposes, as if such mayor or at war, to other chief magistrate had received such notice from the sheriff enforce this of the county in which such city, town, or place, (hall be re- a&.w|rh,.n spectively situate any thing in this act contained to the contrary dictioi^1 notwithstanding.
XLIV". And it is hereby provided and enacted, That no Bailiffs folbailiff's follower or assistant, employed or belonging to any (he- ^^rs zn(* riff, bailiff of liberties, marfhalsea court, or any other person or noV^medlo persons that shall be so employed by any one that (hall' have the f .1 low "any power of executing any warrant or process whatsoever, snail be calling, deemed thereby to follow or exercise any calling or employment, or to have a sufficient support and ma.ntenance, within the intent and meaning of this act.
XLV. And forasmuch as great incovtniencies may happen by impressing men during the time of harvest, be it therefore enacted by the authority aforesaid, That, from and afrer the twentyfifth Labourers, day of May, one thousand seven hundred and seventy-eight, un- havi.n.g proper
til the twenty-fifth day of October following, no harvest labourer, cert^cates> r 1 • 11 n i n. 1 • 1 • 1 not Jiabie ro
or person working at hay harvest or corn harvest work, within the be impressed time aforesaid, within the kingdom of Great Britain, shall "be from May 25, impressed by virtue of this acl, but (hall be free and exempted t0 oct- 25from the fame during the time aforesaid; provided they hæve a certificate under the hands of the minister, and of one church
K 2 warden
warden or overseer of the poor, or elders, of the parish or place where they live, allowed under the hand and seal of one justice of the peace of die same county, shire, stewartry, riding, city, or place; which certificate (hall be given gratis. Commission- XLV1. And, for the more easy and better putting this a£f in exe+ crsforexecut- cution, be it enacted^by the authority aforesaid, That any three wUhTn^thf* or more commissioners for putting this act in execution in.the caitleof York. fevera^ ridings of the county of York, (being justices of the peace), though not all of the fame riding, may, within the castle of Yorkf or limits thereof, execute the powers-of this act.-
XLVII. And whereas divers soldi'e? j, zvho have deserted his Maieflys service, have been harboured hi a certain place called Threaps wood, lying within or near the counties of Chester and Flint, or one of them, and adjoining to the town oj Cuddington in the said county Commission- of Chester; be it further enacted by the authority aforesaid,That ers for exe- t"|ie commissioners hereby appointed for the county of Chester, r^Threa S-act and the officers of the *aid town of Cuddington, shall execute wood. * tliis act in the said place called "Ihreapwood, according to the
true intent and meaning thereof,
XLV1II. And be it further enacted by the authority aforesaid, Officer not at- That if at any of the meetings of the commissioners by this act tending to re- appointed in any of their subdivisions, they (hall not be attended cewe recruits, ^ fome pr0per officer appointed for the receiving; of recruits, may adjourn, either through negligence or any unavoidable accident, then, and ofcler the and in that cafe, it (hall and may be lawful to and for the said detention ot commissioners to adjourn themselves to some other convenient the imprtikd ^ ancj ,t|ley are hereby authorised to give directions for detaining in custody all such persons as shall have been then brought before them by the parish officers to be inlisted, or such of them as they (hall think duly qualified for his Majesty's ferNoticeofad- vice; and the said commissioners (hall give notice to any of the be^'iverTtV0 om>cers attencj'mg 011 tms service, in the county or place where officers at- such subdivisions (hall lye, of the day of such adjournment; and tending this the said officer is hereby required, either to attend himself, or service, etc. (0 appoint some other officer to attend such commissioners, and "to receive such persons as the said commissioners (hall inlist into ^il(tence^ay ^'1S Majesty's lervice > anc^ tnc officers so receiving the recruits money for ^11 Pay*> t0 '"uc!l Per!on as tne commissioners shall appoint, fjxcveiy recruit, pence per diem for the subsistence of every recruit then enlisted, from day of the last meeting of the commissioners to the said day of adjournment, the same to be charged to the account of the several regiments or companies into which the said recruits (hall and incidental fce inlisted, together with such charges and expences as mall ap-. charges* pear tQ tjle ja'ic] commissioners to have been incurred on account * of the detaining the said persons, from the day of the former
meeting of the said commissioners to the day of such second meeting, not exceeding three pounds, *XLIX. And be it further enacted by the authority aforesaid, Continuance That this act, and every thing herein contained, (hall be and or this act. continue in force until the end of the next session of parliament.