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to the fecrefary at war.

war, to be by him kept and entered in a book; or if a marine, without the confent of the lord high admiral, or the commifOfficer break- fioners of the admiralty for the time being, first had and obing this order tained; and any officer that fhall prefume to discharge any folto be cashier dier inlifted pursuant to this act, in any other manner contrary to this act, fhall, for fuch offence, be cafhiered.

ed.

Impreffed men, after years fervice,

5

to be dif charged, if they demand

it.

Clerks to be

rewarded for in traite

their trouble tranfinitting dupli. cates, etc.

His Majefty, when a fuffi. cient number of men fhall

be raised, may, by proclamation, etc. fuspend the execution of

this act;

ormayfufpend

or inforce it

XXXI. Provided always, and it is hereby enacted, That every perfon who fhall be impreffed upon this act, after he thall have continued in the military fervice of his Majefty, his heirs and fucceffors, during the space of five years, thall be at liberty, if he think fit, to demand his difcharge from the colonel, or, in his abfence, the officer commanding the regiment or company to which he shall belong, unless the nation thall be then engaged in a war, and in that cafe fuch perfon fhall remain in fervice during the continuance of war; and such discharge fhall be granted to him gratis, in writing under the hand of fuch 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 faid feveral clerks to the said commiffioners, provided the faid copies or duplicates be duly tranfmitted into the office of the admiralty, or fecretary at war, as aforefaid, fhall have and receive, by the hands of the paymasters of his Majefty's land forces and marines, or one of them, fuch rewards as the lord high treasurer, or commiffioners of the treafury for the time being, upon confideration of the numbers of men lifted in the feveral counties, cities, boroughs, or other places, and the pains and charges of the feveral clerks in this fervice, fhall judge the faid clerks feverally and refpectively to deserve.

XXXIII. Provided always, That his Majefty, when he fhall be fatisfied, by the faid returns of the commiffioners, or otherwife, that a fufficient number of recruits in the whole fhall be raised for his prefent fervice, may be gracioufly pleafed to fufpend or ftop the further execution of this act, by proclamation, or order in council, or other publick notice in the London Gazette; any thing herein contained to the contrary notwithstanding.

XXXIV. Provided alfo, That his Majefty, when he thall judge it expedient for his fervice, may at any time suspend or enforce the execution of this act, in any county or place of Great in any county Britain, by notice from his Majefty's fecretary at war; any or place. thing herein contained to the contrary notwithstanding.

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XXXV. Provided always, and be it further enacted by the authority aforefaid, That no commiffioner, churchwarden,.overfeer, conftable, headborough, tythingman, or other parish or town officer, who fhall be employed in the execution of this act, fhall be liable, for or by reafon of fuch 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 popish recufants; or in one other act, made in the first year of the reign of King William and Queen Mary,

(intituled,

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(intituled, An act for abrogating the oaths of allegiance and fupre- 1 Gul & Mar. macy, and appointing other oaths); or in one other act, made in

Gul. 3.

the parliament holden in the thirteenth and fourteenth years of the reign of the late King William the Third, (intituled, An act and 13 & 14 for the further fecurity of his Majesty's perfon, and the fucceffion of the crown in the proteftant line; and for the extinguishing the hopes of the pretended prince of Wales, and all other pretenders, and their open and fecret abettors.)

not to a& till

acts

XXXVI. Provided always, and be it enacted, That no per- Commissionfon or perfons, hereby appointed to be a commiffioner or com- ers in England miffioners for any county, riding, city, borough, cinque-port, they have or place, of England, Wales, or Berwick upon Tweed, (except fuch taken the as duly qualified themselves to be juftices of the peace, or com- oaths apmiffioners for executing the faid act for the land tax made and pointed by paffed in the fifteenth year of his prefent Majefty's reign, or any fubfequent act or acts of parliament for that purpose), thall be capable, in England, Wales, or Berwick upon Tweed, of acting as a commiffioner or commiffioners in the execution of this act, or executing any the powers of the commiffioners therein mentioned, (unless it be the power hereby given of adminiftering oaths), until fuch time as he or they refpectively fhall have taken the oaths appointed by an act of parliament, made in the

I

first year of the reign of King William and Queen Mary, (inti- 1 Gul & Mar. tuled, An act for the abrogating the oaths of fupremacy, and allegiance, and appointing other oaths); and alfo in the faid act, (intituled, An act for the further fecurity of his Majesty's perfon, and the and 13 & 14 fucceffion of the crown in the proteftant line; and for extinguishing the Gul. 3. hopes of the pretended prince of Wales, and all other pretenders, and their open and fecret abettors); which oaths it fhall and may be lawful to and for any two or more of the faid commiffioners to adminifter, and they are hereby required to adminifter the fame to any other of the faid commiffioners; and that no perfon nor commifor perfons, hereby appointed to be a commiffioner or commif- fioners in Scotfioners for any part of Scotland, (except fuch as duly qualified have qualified themfelves, according to the laws of Scotland, to be commif- themfelves as fioners there for executing the faid act for the land tax made and the laws there paffed in the fifteenth year of his prefent Majefty's reign, or any fubsequent act or acts of parliament for that purpofe), fhall be capable of acting as a commiffioner or commiffioners in the execution of this prefent act, in any part of Scotland, until fuch time as he or they respectively thall have duly qualified themfelves, according to the laws of Scotland, for that purpose.

land, till they

direct.

XXXVII. Provided always, and be it enacted, That if any Commiffionperson hereby appointed a commillioner for any county, city, ers in England town, or place, in England, Wales, or Berwick upon Tweed, (ex- acting before cept as before excepted) hall prefume to act as a commif- taken the they have fioner in the execution of this act, before he shall have taken the oaths, faid oaths which by this act he is required to take, and in the manner hereby prescribed, he shall forfeit to his Majesty the fum

of two hundred pounds, to be recovered by action of debt, or forfeit zool. on the cafe, bill, fuit, or information, in any of his Majefty's VOL. XXXII.

K

courts

;

courts of record at Weftminfler, wherein no effoin, protection, wager of law, or more than one imparlance, fhall be allowed and commif- and that if any perfon hereby appointed a commiffioner for any tioners in Scot- fhire, ftewartry, burgh, or place in Scotland, (except as before land, sol. excepted), fhall prefume to act as a commiffioner in the execution of this act, before that he fhall have qualified himself according to the laws in Scotland, he shall forfeit to his Majesty the fum of fifty pounds, to be recovered in the court of exchequer in Scotland, in the fame manner as any other penalties are there recoverable.

Commiffion

ers for the

county, etc.

at large, may

act for any city, etc.

of commit

fioners for counties at large within England.

XXXVIII. Provided alfo, That in cafe there fhall not be a fufficient number of commiffioners for any city, borough, town, port, or place, of Great Britain, (fer which by this act commiffioners are fpecially appointed), capable of acting according to the respective qualifications required by this act; then, and in every such case, any the commiffioners appointed for the county, hire, or ftewartry at large, within which fuch city, borough, town, or place, doth stand, or which is next adjoining thereto, may act as commiffioners in the execution of this act, within fuch city, borough, town, port, or place; any thing herein contained to the contrary notwithstanding.

XXXIX. Provided always, and be it enacted by the authoQualification rity aforefaid, That no commiffioner of the land tax, not being a juftice of the peace, or a magiftrate of a corporation or a borough, thall be capable of acting as a commiffioner 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 Anglefey, Merioneth, Cardigan, Caermarthen, Glaimorgan, Montgomery, Pembroke, Caernarvon, and Monmouth, excepted), or in or for any of the ridings in the county of York, unless fuch perfon 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 faid act for the land tax, made and passed in England, in the fifteenth year of his Majefty's reign, or any fublequent act or acts of parliament for that purpofe; or unless fuch perfon so appointed to be a commiflioner thall, 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 faid yearly value of one hundred pounds, or more, within the faid county or riding respectively; any thing herein contained to the contrary notwithstanding.

Perfons dif

abled prefuming to act, forfeit sol.

Commiffioners may act

XL. And it is hereby further enacted, That if any perfon intended by this act to be difabled for the cause laft mentioned, shall nevertheless prefume to act as a commiffioner in the execution of this act, or any of the powers therein contained, every fuch perfon, for fuch offence, thall forfeit the fum of fifty pounds, to any person or perfons who will inform or fue for the fame, to be recovered in any of his Majefty's courts of record at Westminster, or in the exchequer of Scotland, as aforefaid.

XLI. Provided nevertheless, and it is hereby enacted, That

no

no perfon who is appointed to be a commiffioner for executing for any city, this act in any part of Great Britain, fhall be difabled, for the etc. whercot they are inbacause laft-mentioned, from acting as a commiffioner within bitants, or and for any city, borough, cinque-port, or corporate town for inns of only, whereof he thall be an inhabitant at the time of the exe- court. cution of this act, or from acting as a commiflioner within ány of the inns of court or inns of chancery.

XLII. And whereas fome doubts may arife whether mayors, bailiffs, and other chief magiftrates of cities, boroughs, towns corporate, and cinque-ports, for which commiffioners are specially appointed by virtue of this act, can act as commiffioners for executing this act in the faid cities, boroughs, towns corporate, and cinque-ports; be it further enacted by the authority aforefaid, That all mayors, Mayors, baibailiffs, and other chief magiftrates, who are appointed commif- liffs, etc, to act fioners for executing this act, fhall be, and have power to act as fioners fpecicommiffioners 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 commiffioners are specially appointed by this act, as where they are not.

as commif

XLIII. And whereas it may often be expedient for his Majesty's fervice, that the commiffioners hereby appointed ball execute this act in cities, towns, or other places, where it may not be convenient to enforce the execution thereof through the county in which fuch city, town, or place, fhall be respectively fituate; be it therefore enacted by the authority aforefaid, That the mayor or other chief magiftrate of Chief magi every city, town, or place, fhall, upon receiving notice for that trates of cipurpose from the fecretary at war, immediately proceed to put ties, etc. upon this act in execution within their respective jurifdictions, in the the fecretary fame manner, to all intents and purpofes, as if fuch mayor or at war, to other chief magiftrate had received fuch notice from the theriff of the county in which fuch city, town, or place, fhall be respectively fituate; any thing in this act contained to the contrary dictions. notwithstanding.

notice from

enforce this

act within their jurif.

affiftants, etc.

follow any calling.

XLIV. And it is hereby provided and enacted, That no Bailiffs folbailiff's follower or affiftant, ernployed or belonging to any the- lowers and riff, bailiff of liberties, marfhalfea court, or any other perfon or not deemed to perfons that fhall be fo employed by any one that thall have the power of executing any warrant or process whatsoever, fhall be deemed thereby to follow or exercise any calling or employment, or to have a fufficient fupport and maintenance, within the intent and meaning of this act.

certificates,

XLV. And forafmuch as great incoveniencies may happen by impreffing men during the time of harvest, be it therefore enacted by the authority aforefaid, That, from and after the twenty-fifth Labourers, day of May, one thousand feven hundred and feventy-eight, un- having proper til the twenty-fifth day of October following, no harveft labourer, not liable to or person working at hay harvest or corn harvest work, within the be impreffed time aforefaid, within the kingdom of Great Britain, thall be from May 25, impreffed by virtue of this act, but shall be free and exempted to Oct, 25. from the fame during the time aforefaid; provided they have a çertificate under the hands of the minifter, and of one church

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warden

Commiffion

warden or overfeer of the poor, or elders, of the parish or place. where they live, allowed under the hand and feal of one juftice of the peace of the fame county, fhire, ftewartry, riding, city, or place; which certificate fhall be given gratis.

XLVI. And, for the more eafy and better putting this act in exe ersfor execut- cution, be it enacted by the authority aforefaid, That any three ing this act or more commiffioners for putting this act in execution in the within the feveral ridings of the county of York, (being juftices of the peace), though not all of the fame riding, may, within the caftle of York, or limits thereof, execute the powers of this act.

caftle of York.

Commiffion

ers for executing this act in Threapwood. →

commithioners

men.

XLVII. And whereas divers foldiers, who have deferted his Maiefly's fervice, have been barboured in a certain place called Threapwood, lying within or near the counties of Chester and Flint, or one of them, and adjoining to the town of Cuddington in the faid county of Chefter; be it further enacted by the authority aforefaid, That the commiffioners hereby appointed for the county of Chester, and the officers of the faid town of Cuddington, fhall execute this act in the faid place called Threapwood, according to the true intent and meaning thereof.

XLVIII. And be it further enacted by the authority aforesaid, Officer not at That if at any of the meetings of the commiffioners by this act tending to re appointed in any of their fubdivifions, they fhall not be attended. ceive recruits, by fome proper officer appointed for the receiving of recruits, may adjourn, either through negligence or any unavoidable accident, then, and order the and in that cafe, it thall and may be lawful to and for the faid detention of commiffioners to adjourn themselves to fome other convenient the impreffed day, and they are hereby authorised to give directions for detaining in cuftody all fuch perfons as fhall have been then brought before them by the parish officers to be inlifted, or fuch of them as they thall think duly qualified for his Majefty's ferNotice of ad- vice; and the faid commiflioners thall give notice to any of the journment to officers attending on this fervice, in the county or place where be given to officers atfuch fubdivifions thall lye, of the day of such adjournment; and tending this the faid officer is hereby required, either to attend himself, or fervice, etc. to appoint some other officer to attend fuch commiffioners, and to receive fuch perfons as the faid commiffioners (hall inlift into his Majefty's fervice; and the officers fo receiving the recruits fhall pay, to fuch perfon as the commiffioners fhall appoint, fixpence per diem for the fubfiftence of every recruit then enlisted, from day of the laft meeting of the commiffioners to the faid day of adjournment, the fame to be charged to the account of the feveral regiments or companies into which the faid recruits (hall and incidental be inlifted, together with fuch charges and expences as fhall apcharges. pear to the faid commiffioners to have been incurred on account of the detaining the faid perfons, from the day of the former meeting of the faid commiffioners to the day of fuch fecond meeting, not exceeding three pounds.

Officer to pay

fubfiftence money for

every recruit,

-XLIX. And be it further enacted by the authority aforefaid, Continuance That this act, and every thing herein contained, thall be and continue in force until the end of the next feflion of parlia

of this act.

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