cise any

to; and that every fuch volunteer, after such military service as but may set aforefaid, fhall have the like privilege in refpect of fetting up up and exerand exercising any trade, and of not being removeable, unless trade, agreehe fhall become actually chargeable, as by the ftatute, made in able to Act the third year of the reign of his prefent Majefty, intituled, An 3 Geo. 3. all to enable fuch officers, mariners, and foldiers, as have been in the fea or land fervice, or in the marines, fince the twenty-fecond year of his late majesty King George the Second, to exercife trades, is given to those who have ferved according to the faid recited act; and all other the benefits and advantages therein expreffed shall extend, and be conftrued to extend, to all fuch volunteers, and also the wives and children of fuch volunteers as aforefaid, to all intents and purposes, as if the said act, and and every clause thereof, were here again particularly repeated and re-enacted. XLII. And be it further enacted, That if any volunteer discharged be fore the expishall be wounded or maimed in actual fervice, fo as to become ration of their unfit for military duty, and shall be discharged on that account term of ferat any time before the expiration of the term for which he vice, on was engaged to ferve, the fame fhall be expreffed in the dif- count of wounds charge given him, under the hand and feal of his commanding woved in rec. officer; and every person so discharged fhall be intitled to the tual fervice, fame privileges, benefits, and advantages, of every kind what- to be intitled foever, as if he had continued for the full term of his engage to the fame ment in the service of his Majefty, his heirs and fucceffors: privileges as if they had any thing contained in this or any other act to the contrary ferved their thereof notwithstanding.

Volunteers

ac

ceived in ac

full term.

they demand

XLIII. And be it further enacted, That every person who shall Impreffed be impreffed in pursuance of this act, after he thall have continued men, after 5 in the military service of his Majefty, his heirs and fucceffors, years fervice, during the space of five years, fhall be at liberty, if he fhall to be difthink fit, to demand his discharge from the colonel, or, in his charged, if abfence, the officer commanding the regiment or company to it. which he fhall belong, unless the nation fhall 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 him gratis, in writing under the hand of fuch colonel or officer, who is duly impowered and required to give the fame accordingly; any thing herein contained to the contrary notwithstanding. XLIV. And, for the better obviating such frauds and abuses as No foldier or may be practised in the discharging of foldiers, it is hereby enact- marine to be ed by the authority aforefaid, That no private foldier, who fhall discharged be duly inlisted or impreffed into his Majefty's service by virtue tificate from of this act, fhall, during the time fuch foldier continues in his colonel, Great Britain, be difcharged from his Majefty's fervice without etc. the confent of the colonel, or, in his abfence, the officer commanding the regiment, first had and obtained in writing; and any officer of his Majefty's land forces, marines, or fea fervice, Officers dif who fhall prefume to difcharge any perfon, inlifted or impreffed charging new raised men pursuant to this act, in any other manner contrary to this act, contrary to or fhall by false mufter or certificate, or in confideration of a this act, or

without a cer

permitting gratuity of any kind, or by any other collufive or evasive ways them to avoid or means whatsoever, fuffer or permit any perfon who fhall voluntarily inlift, or be impreffed into his Majefty's fervice by virtue of this act, to avoid the actual fervice hereby intended, such person or persons shall not only lofe the benefit of this act, but every fuch officer fhall, for fuch offence, be cashiered.

actual fervice, fhall be cashiered.

When any new raised man shall

join his regiment, his name, de

fcription &c. shall be entered in the publick book. thereof;

and when draughted

into any other regiment or company, to be entered

XLV. And, for the better preventing fuch frauds and abuses as may be practifed by any pretended ignorance of the terms under which any non-commiffion officer or foldier may have entered into the fervice, be it enacted by the authority aforefaid, That whenever any perfon, who fhall be duly inlifted or impreffed into his Majefty's fervice during the continuance of this act, fhall join the regiment or company in which he is to ferve, his his name, defcription, and terms of fervice, fhall be entered in the public book of fuch regiment or company; and a copy of fuch entry fhall be delivered, as a certificate for every fuch perfon, figned by the commanding officer of fuch regiment or

company.

XLVI. And be it further enacted by the authority aforefaid, That whenever and as often as fuch perfon fhall, by the neceffity of the fervice, be draughted into any other regiment or company, the entry fhall be made in the fame manner in the publick book of fuch regiment or company; and the commanding accordingly. officer thereof is hereby directed to add to the certificate the circumstance of fuch perfon being draughted, and at what time, and to fign his name and rank thereto.

Perfons em

execution of

this act, ex

empted from the penalties

of acts
25 Car. 2.

XLVII. And be it further enacted by the authority aforefaid, ployed in the That no commiffioner, churchwarden, overfeer, conftable, headborough, tithingman, or other parish or town officer, who fhall be employed in the execution of this act, shall be liable, for or by reason 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 King William and Queen Mary, intitled, 1 Gul.&. Mar. An act for abrogating the oaths of allegiance and fupremacy, and appointing other caths; or in one other act, made in the parliament holden in the thirteenth and fourteenth years of the and 13 & 14 reign of the late King William the Third, intituled, An act for the further fecurity of his Majefty'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,

Gul. 3.

Limitations of actions.

XLVIII. And be it further enacted by the authority aforefaid, That if any action, plaint, fuit, or information, fhall be commenced or profecuted against any perfon or perfons for what he or they shall do in purfuance or execution of this act, the fame fhall be commenced within fix months after the offence committed, and fhall be laid or brought in the county or place where the fact was committed, and not afterwards or elsewhere; and fuch

such person or perfons fued, in any court whatsoever, fhall and may plead the general iffue not guilty, and upon any iffue joined General issue. may give this act and the special matter in evidence; and if the plantiff or profecutor fhall become nonfuit, or forbear further profecution, or fuffer a difcontinuance, or if a verdict or judgement upon demurrer pafs against him, the defendant fhall recover treble cofts, for which he fhall have the like remedy as Treble costs. in any cafe where cofts by the law are given to defendants.

ces, extended

XLIX. And be it further enacted by the authority aforefaid, That the ftatute made in the twenty-fourth year of the reign of Act 24 Geo. 2. his late majesty King George the Second, intitled, An all for the fo far as it rerendering the juftices of the peace more fafe in the execution of their lates to juftioffice, and for indemnifying conftables and others acting in obedience to juftices and to their warrants, fo far as the faid act relates to the rendering commiffionthe justices more fafe in the execution of their office, fhall ex- ers acting tend, and be conftrued to extend, to the justice or juftices of under authothe peace, and the commiffioner or commiffioners acting under rity of this the authority, or in execution of this act; and no action or fuit fhall be had or commenced, or writ iffued out, or copy of No action to writs served upon any peace officer or officers, or any other be commenperson or perfons, for any thing done in the execution of this ced, &c. for act, until notice in writing fhall have been given to him or done in exeany thing them, or left at his or their ufual place of abode, by the attor- cution of this ney for the party commencing fuch action, or fuing out or act, till notice ferving the copy of the faid writ; which faid notice in writing in writing shall be given to fhall contain the name and place of abode of the perfon who is the party. to bring such action, together with the caufe of action or complaint, and the name and place of abode of the said attorney fhall be underwritten or indorsed thereon; and fuch defendant or defendants shall be at liberty, and may by virtue of this act, Defendant at any time within fourteen days after fuch notice, tender, or may tender cause to be tendered, any fum or fums of money, as amends amends for injury comfor the injury complained of, to the party complaining, or to plained of, the said attorney; and if the fame is not accepted of, fuch de- and plead the fendant or defendants may plead fuch tender in bar of fuch ac- fame in bar, tion or actions, together with the general iffue, or any other &c. plea, with leave of the court; and if, upon iffue joined upon such tender, the jury fhall find the amends tendered to have been fufficient, the faid jury fhall find a verdict for the defendant or defendants, who fhall in such case be intituled to his and their treble cofts.

account of

L. And be it further enacted by the authority aforefaid, No action to That if any action shall be brought against any justice of the be brought in peace, commiffioner, or other officer, employed in the execu- Scotland on tion of this act, in that part of Great Britain called Scotland, the executing this perfon inftituting fuch action fhall, previous to the commence- act, till notice ment thereof, intimate by himself, or his agent or attorney, his has been given to the party faid intention, and grounds of complaint, fo as that the juftice, commiffioner, or other officer, may have opportunity of mak- may tender offending, who ing due amends for the injury intended to be profecuted; and amends, &c. if the faid juftice, commiffioner, or other officer, fhall make it

appear,

Where the

action com

titled to da

appear, to the fatisfaction of the judge before whom the action is brought, that fuch due amends was tendered and refused previous to the commencement of the action, the faid judge Thall give decree for the defender, who hall, in such case, be intituled to treble cofts of fuit.

LI. Provided always, and be further enacted by the authority defendant had aforefaid, That where a verdict shall be given for the plaintiff, probable caufe for doing the in any action to be brought against any juftice of the peace or commiffioner, or any peace officer or other person, for seizing, plained of, the taking, imprifoning, or detaining, fuch plaintiff in execution paintiff not in- of this act, under colour of any authority or authorities hereby given, and it shall appear to the judge or court, before whom the fame fhall be tried, that there was a probable cause for doing the act complained of in fuch action, and the faid judge or court shall certify on the record that there was probable cause, as aforefaid; then, and in fuch cafe, the plaintiff thall not be intituled to above two-pence damages, nor to any cofts of fuit.

mages nor colts:

but if the

LII. Provided always, That where a verdict shall be given cause of action for the plaintiff in any fuch action as aforefaid, and the judge or court, before whom the caufe fhall be tried, fhall certify on the record, that the injury for which fuch action was brought was wilfully and maliciously committed, the plaintiff fhall be intituled to double costs of fuit.

was malicioufly commited, he shall

have double

cofts.

His Majesty,

when a fuffici

LIII. And be it further enacted, That when his Majesty' fhall be fatisfied, by the faid returns of the commiffioners or ent number of otherwife, that a fufficient number of recruits in the whole men fhall be shall be raised for his prefent fervice, or for other fufficient raised, may, reafons, it fhall be lawful for his Majefty to fufpend or revive by proclamation, &c. fuf. the execution of this act, with refpect to the whole of Great pend the exe- Britain, or any part thereof, by proclamation or order in cution of this council, or other public notice in the London Gazette, or by notice from his Majefty's fecretary at war; any thing herein contained to the contrary notwithstanding.

act;

or may fufpend or en

force it in any county or

place.

notwithstand

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

Volunteers to LV. Provided always, and be it further enacted, That all enjoy all their persons who shall enter as volunteers during the continuance of privileges, &c. this act, fhall be intituled to the fame bounties, privileges, ing fuch fuf- immunities, and advantages, as are herein granted to fuch penfion. volunteers, notwithstanding any fuch fufpenfion as aforefaid. Chief magi- LVI. And whereas it may often be expedient for his Majesty's ftrate of cities, fervice, that the commiffioners hereby appointed fhall execute this act &c. upon no- in cities, towns, or other places, when it may not be convenient to enforce the execution thereof through the county in which fuch city, fecretary at war, to enforce town, or place, shall be refpectively fituate; be it therefore enacted this act within by the authority aforefaid, That the mayor or other chief matheir jurifdic- giftrate of any city, town, or place, fhall, upon receiving

tice from the

tions.

notice

notice for that purpose from the secretary at war, immediately proceed to put this act in execution, within their respective jurifdictions, in the fame manner, to all intents and purposes, as if fuch mayor or other chief magiftrate had received fuch notice from the sheriff of the county in which fuch city, town, or place, fhall be refpectively fituate; any thing in this act contained to the contrary notwithstanding.

LVII. And, forafmuch as great inconveniences may happen Labourers, by impreffing men during the time of harvest, be it therefore having proper enacted by the authority aforefaid, That, from and after the certificates, twenty-fifth day of May, one thoufand feven hundred and not liable to be impreffed feventy-nine, until the twenty-fifth day of October following, from May 25, no harvest labourer, or person working at hay harvest or corn to Oct. 25, harvest work, within the time aforefaid, within the kingdom of Great Britain, fhall be impreffed by virtue of this act, but shall be free and exempted from the fame, during the time aforefaid, provided they have a certificate, under the hands of the minister, and of one church-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.

within the

LVIII. And, for the more easy and better putting this act Commiffioninto execution, be it enacted by the authority aforefaid, That ers for execu any three or more commiffioners for putting this act in execu- ting this act tion in the feveral ridings of the county of York, (being juftices caftle of York. 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.

Threap-wood.

LIX. And whereas divers foldiers who have deferted his Ma- Commiffionjefty's fervice, have been harboured in a certain place called Threap- ers for executwood, lying within or near the counties of Chefter and Flint, or ing this act in one of them, and adjoining to the town of Cuddington, in the said 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 said town of Cuddington, shall execute this act in the faid place called Threapwood, according to the true intent and meaning thereof.

LX. And be it further enacted by the authority aforefaid, Continuance That this act, and every thing therein contained, thall be and of this act. continue in force until the first day of May, one thousand seven hundred and eighty, and no longer.

LXI. And be it further enacted, That the forms of pro- Forms of proceedings relative to the feveral matters contained in this act, ceedings to be which are set forth and expreffed in the schedule hereunto an used as fet nexed, fhall be used upon all occafions, with fuch additions forth in the schedule. and variations only as may be neceffary to adapt them to the particular exigencies of the cafe; and that no objection fhall be made or advantage taken for want of form in any fuch proceedings by any perfon or perfons whomsoever.