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to; and that every such volunteer, after such military service as hut may set aforesaid, shall have the like privilege in respect of setting up "£ca"n cxei> and exercising any trade, and of. not being removeable, unless trade) agree. he (hall become actually chargeable, as by the statute, made in able to Act: the third year of the reign of his present Majesty, intituled, An 3 Geo. 3, aft to enable such officers, mariner"j, and soldiers, as have been in the sea or land service^ or in the marines, since the twenty-second year os his late majesty King George the Second, to exercise trades^ is given to those who have served according to the said recited act; and all other the benefits and advantages therein expressed (hall extend, and be construed to extend, to all such volunteers, and also the wives and children of such volunteers as aforesaid, to all intents and purposes,,as if the said act, and and every clause thereof, were here again particularly repeated and re-enacted. Volunteers
XLII. And be it further enacted, That if any volunteer discharged bestiall be wounded or maimed in actual service, so as to become iov? tne e*P*
r r -i- 1 • /1 11 , It 1 1 1 - ration of their
unfit for military duty, and shall be discharged on that account term Qf fer_
at any time before the expiration of the term for which he vice, on acwas engaged to serve, the same (hall be expressed in the dis- count of charge given him, under the hand and seal of his commanding ^"^f-nre" officer; and every person so discharged shall be intitled to the tua| service' same privileges, benefits, and advantages, of every kind what- to be iniitleil soever, as if he had continued for the full term of his engage- to^the lame ment in the service of his Majesty, his heirs and successors ; ^"^g6^8,^ any thing contained in this or any other act to the contrary served their thereof notwithstanding* full term.
XLIIL And be it further enacted, That every person who shall imprefre<i be impressed in pursuance of this act, after he (hall have continued men, after 5 in the military service of his Majesty, his heirs and successors, years service, during the space of five years, shall be at liberty, if he shall t(? be think fit, to demand his discharge from the colonel, or, in his'^hey^emand absence, the officer commanding the regiment or company to it. which he shall belong, unless the nation shall be then engaged in a war, and in that case 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 such colonel or officer, who is duly impoweredand 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 soldier or maybe practised in the discharging of soldiers, it is hereby enact- marine to be ed by the authority aforesaid, That no private soldier, who shall discharged be duly inlisted or impressed into his Majesty's service by virtue ^c^teVrom^ of this act, shall, during the time such soldier continues in his colonel? Great Britain, be discharged from his Majesty's service without etc, the consent of the colonel, or, in his absence, the officer commanding the regiment, first had and obtained in writing; and any officer of his Majesty's land forces, marines, or sea service, Officers difwhofhall presume to discharge any person, inlisted or impressed rafsed^V16** pursuant to this act, in any other manner contrary to this act, contrary^ px stiall by false muster or certificate, or in consideration of a this act, or
permitting ■ gratuity of any kind, or by any other collusive or evasive ways la^Ucrvke °r means whatsoever> suffer or permit any person who (hall shall be ca- 'voluntarily insist, or be impressed into his Majesty's service fluerecL by virtue of this act, to avoid the actual service hereby in
tended, such person or persons (hall not only lose the benefit of this act, but every such officer shall, for such offence, be cashiered.
When any XL V. And, for the better preventing such frauds and abuses as *6W rstiaUd ma? be Pra<^ec* by any pretended ignorance of the terms under join his regi- wmch anY non-commission officer or soldier may have entered ment, his into the service, be it enacted by the authority aforesaid, That name, de- whenever any person, who (hall be duly inlisted or impressed scnption &c. mto his. Majesty's service during the continuance of this act, ed in thecmb- join reg,ment or company in which he is to serve, his lickbook. his name, description, and terms of service, (hall be entered in thereof 3 the public book of such regiment or company; and a copy*of such entry shall be delivered, as a certificate for every such person, signed by the commanding officer of such regiment or company.
and when XLVL And be it further enacted by the authority aforesaid,
draughted That whenever and as often as such personshall, by the necessity into any other Gf the service, be draughted into any other regiment or company, reglrTan1 °to ^e .entry snail be made in the same manner in the publick be^ntered book of such regiment or company; and the commanding accordingly, officer thereof is hereby directed to add to the certificate the circumstance of such person being draughted, and at what time, and to sign his name and rank thereto. Persons em- XLVII. Arid be it further enacted by the authority aforesaid, ployed in the ^hat no commissioner, churchwarden, overseer, constable, headexecution Ot . 1 • 1 • i -n_ * ca u
this act ex- borough, tithmgman, or other parish or town officer, who empted'from (hall be employed in the execution of this act, (hall be liable, the* penalties for or by reason of such execution, to any of the penalties men0s acts tioned in an act, made in the twenty-fifth year of the reign of
*5 ar. 2. 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 King JVilliam and Queen Maryy intitled, iGul.&.Mar. An aft for abrogating the oaths of allegiance and supremacy, 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 aclfor Gul. 3. the further security of his Majesty's person, and the succession of the
croivn 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, limitations of XLVIII. And be it farther enacted by the authority aforesaid, actions. That if any action, plaint, suit, or information, shall be commenced or prosecuted against any person or persons for what he or they shall do in pursuance or execution of this act, the fame shall be - commenced within six months after the offence committed, and shall be laid or brought in the county or place where the fact was committed, and not afterwards or elsewhere 5 and
such such person or persons sued, in any court whatsoever, shall and may plead the general issue not guilty, and upon any issue joined General issue* may give this act and the special matter in evidence; and if the plantiff or prosecutor shall become nonsuit, or forbear further prosecution, or suffer a discontinuance, or if a verdict or judgement upon demurrer pass against: him, the defendant shall recover treble costs, for which he (hall have the like remedy as Treble costs, in any cafe where costs by the law are given to defendants.
XLIX. And be it further enacted by the authority aforesaid, That the statute made in the twenty-fourth year of the reign of Act^Geo. 2% his late majesty King George the Second, intitled, An aft for the f° far as it rerendering the justices of the peace more safe in the execution of their *^es ^^^4 office, and for indemnifying constables, and others afting in obedience t0 justjces and to their warrants^ so far as the said act relates to the rendering commissionthe justices more safe in the execution os their office, shall ex- ers acting tend, and be construed to extend, to the justice or justices of ^"^f3^0the peace, and the commissioner or commissioners acting under r^ 0 1S the authority, or in execution of this act; and no action or suit shall be had or commenced, or writ issued out, or copy of No action to writs served upon any peace officer or officers, or any other be commenperson or persons, for any thing done in the executiori of this ^'thih ^or act, until notice in writing (hall have been given to him or done istnfxe. them, or left at his or their usual place of abode, by the attor- cution of this ney for the party commencing such action, or suing out or act, tili notice serving the copy of the said writ; which said notice in writing J^-^115**1^ shall contain the name and place of abode of the person who is theSparty!° to bring such action, together with the cause of action or complaint, and the name and place of abode of the said attorney shall be underwritten or indorsed thereon; and such defendant or defendants shall be at liberty, and may by virtue of this act, Defendant at any time within fourteen days after such notice, tender, or may tender cause to be tendered, any sum or sums of money, as amends amends f°r for the injury complained of, to the party complaining, or to pUined^" the said attorney; and if the same is not accepted of, such de- and pJead'the fendant or defendants may plead such tender in bar of such ac- feme in bar, tion or actions, together with the general issue, or any other plea, with leave of the court; and if, upon issue joined upon such tender, the jury shall find the amends tendered to have been sufficient, the said jury shall find a verdict for the defendant or defendants, who shall in such case be intituled to his and their treble costs.
L. And be it further enacted by the authority aforesaid, No action to That if any action shall be brought against any justice of the be brought in peace, commissioner, or other officer, employed in the execu- ^counfo^11 tion of this act, in that part of Great Britain called Scotland, the executing this person instituting such action (hall, previous to the commence- act, till notice ment thereof, intimate by himself, or his agent or attorney, his has been given, said intention, and grounds of complaint, so as that the justice, ^J^}^5^ commissioner, or other officer, may have opportunity of male- ma^tendeir ° ing due amends for the injury intended to be prosecuted; and amends, &c. if the said justice, commissioner, or other officer., shall make it
appear, to the satisfaction of the judge before whom the action is brought, that such due amends was tendered and refused previous to the commencement of the action, the said judge shall give decree for the defender, who (hall, in such case, be intituled to treble costs of suit. Where the LL Provided always, and be further enacted by the authority Jrob^ aforesaid, That where a verdict shall be given for the plaintiff, for doing the *n any action to be brought against any justice of the peace or action com- commissioner, or any peace officer or other person, for seizing, plainedof, the taking, imprisoning, or detaining, such plaintiff in execution titled toTM!1"" °^ ac^ uncier c°l°ur °f any authority or authorities hereby mages nor* glven> and it (hall appear to the judge or court, before whom colts: the fame (hall be tried, that there was a probable cause for do
ing the act complained of in such action, and the said judge or court (hall certify on the record that there was probable cause, as aforesaid; then, and in such case, the plaintiff shall not be intituled to above two-pence damages, nor to any costs of suit.
but if the LII. Provided always, That where a verdict (hall be given
cause of action for the plaintiff in any such action as aforesaid, and the judge wasmalici-^ or court, before whom the cause shall be tried, shall certify ed^hefclT^ on tne recorcl> tnat tne injury for which such action was have double brought was wilfully and maliciously committed, the plaintiff costs. (hall be intituled to double costs of suit.
His Majesty, kill. And be it further enacted, That when his Majesty
when a suffici- stiall be satisfied, by the said returns of the commissioners or
ent number of otherwise, that a sufficient number of recruits in the whole
men (hall be (hall be raised for his present service, or for other sufficient
ru,^Vi reasons, it (hall be lawful for his Majesty to suspend or revive by prociama- , > r . . _ . . r o i r • 1 r ^
tion, &c. sus- the execution or this act, with respect 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 act» notice from his Majesty's secretary at war; any thing herein
contained to the contrary notwithstanding, or may sus- LIV. Provided also, That his Majesty, when he (hall judge pend or en- it expedient for his service, may at any time suspend the exforce it in any ecution of this act, in any county or place of Great Britain, by county or notice from his Majesty's secretary at war j any thing herein pace# contained to the contrary notwithstanding.
Volunteers to LV. Provided always, and be it further enacted, That all enjoy all their persons who (hall enter as volunteers during the continuance of privileges, &c. a(c^ fl^ll De intituled to the fame bounties, privileges, Wsuchfus-" immunities, and advantages, as are herein granted to such pension. volunteers, notwithstanding any such suspension as aforesaid. Chief magi- LVI. And whereas it may often be expedient for his Majesty's ftrate of cities, service, that the commissioners hereby appointed/hall execute this-aft &c. upon no- jn cjties, towns, or other places, when it may not be convenient to ticefrom^the enfQrce fa eXecution thereof through the county in which such city, war^toenforce town, or place, stall be respectively situate; be it therefore enacted this'act within by the authority aforesaid, That the mayor or other chief matheir jurisdic- giftrate of any city, town, or place, shall, upon receiving tions. «f> notice notice for that purpose from the secretary at war, immediately proceed to put this act in execution, within their respective jurisdictions, in the fame manner, to all intents and purposes, as if such mayor or other chief magistrate had received such notice from the sheriff of the county in which such city, town, or place, (hall be respectively situate; any thing in this act contained to the contrary notwithstanding.
LVII. And, forasmuch as great inconveniences may happen Labourers, by impressing men during the time of harvest, be it therefore having proper enacted by the authority aforesaid, That, from and after the ^1^^^ twenty-fifth day of May, one thousand seven hundred and impressed seventy-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. 15* harvest work, within the time aforesaid, within the kingdom of Great Britain, stiall be impressed by virtue of this act, but shall be free and exempted from the fame, during the time aforesaid, provided they have a certificate, under the hands of the minister, and of one church-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 the same county, (hire, stewartry, riding, ciry, or place; which certificate (hall be given gratis.
LVIII. And, for the more easy and better putting this act Commission
into execution, be it enacted by the authority aforesaid, That e.rs for^execu
any three or more commissioners for putting; this act in execu- ti"g.th,s a& • • 1 r ri 1 » • -n- within the
tion in the several ridings of the county of York, (being justices castleofYork,
of the peace, though not all of the fame riding), may, within
the castle of York, or limits thereof, execute the powers of
LIX. And whereas divers soldiers who have deserted his Ma- Commissionjcjfy'sservice^ have been harboured in a certain place called Threap- ers for executwood, lying within or near the counties of Chester and Flint, ^r xhrea'S w-oVd one of them, and adjoining to the town of Cuddington, in the said county of Chester, be it further enacted by the authority aforesaid, That the commissioners hereby appointed for the county of Chester, and the officers of the said town of Cuddington, shall execute this act in the said place called Threapwood, according to the true intent and meaning thereof.
LX. And be it further enacted by the authority aforesaid, Continuance That this act, and every thing therein contained, shall 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 several matters contained in this act, ceedingsto be which are set forth and expressed in the schedule hereunto an- used as set nexed, (hall be used upon all occasions, with such additions l0?^ \n ^ and variations only as may be necessary to adapt them to the che(iu e* particular exigencies of the cafe; and that no objection shall be made or advantage taken for want of form in any such proceedings by any person or persons whomsoever.