tion having illued against the perion or effects of the defendant, and that the fame cannot be found within the jurifdiction of the inferior court; Westminster, having been made after the person or perfons of the defendant and of execu- or defendants, or his, her, or their effects, and of execution having iffued against the perfon or perfons, or effects, as the cafe may be, of the defendant or defendants, and that the person or perfons, or effects, of the defendant or defendants are not to be found within the jurifdiction of fuch inferior court, which affidavit may be made before a judge or commiffioner authorifed to take affidavits, and fuch fuperior court to cause the record of the faid judgement to be removed into fuch fuperior court, to iffue writs of execution thereupon to the fheriff of any county, city, liberty, or place, against the perfon or perfons, or effects, of the defendant or defendants, in the fame manner as upon judgements obtained in the faid courts at Westminster; and the theriff, upon every fuch execution, fhall, and he is hereby authoriled to detain the defendant or defendants, until the sum of twenty fhillings be paid to him, or to levy the fame out of the effects, according to the nature of the execution, for the extraordinary cofts of the plaintiff or plaintiffs in the inferior court. subsequent to the faid judgement, and of the execution in the fuperior court, over and above the money for which such execution shall be issued. the record of fuch judgement may be removed into the fuperior court, and writs of execution iffued to the sheriff of any county, &c. Upon what conditions V. Provided always, and be it further enacted by the authoexecution shall rity aforefaid, That, from and after the first day of July, one beftayed upon thoufand feven hundred and feventy-nine, no execution fhall be any writ of stayed or delayed, upon or by any writ of error, or fuperfedeas error, &c. for thereon to be fued, for the reverfing of any judgement given, or reverfing to be given, in any inferior court of record, where the damages judgement are under ten pounds, unless such person or persons, in whose given in an inferior court, name or names fuch writ of error shall be brought, with two where the da- fufficient fureties, fuch as the court (wherein fuch judgement is mages are un- or fhall be given) fhall allow of, fhall first, before fuch stay der 101. made or fuperfedeas to be awarded, be bound unto the party for whom any fuch judgement is or thall be given, by recognizance, to be acknowledged in the fame court, in double the fum adjudged to be recovered by the faid former judgement, to profecute the faid writ of error with effect, and alfo to fatisfy and pay (if the faid judgement be affirmed, or the faid writ of error be nonpros'd) all and fingular the debt, damages, and costs, adjudged or to be adjudged, and all costs and damages to be awarded for the fame delaying of execution. No cause under fol. to be removed into a fuperior VI. Provided alfo, and be it further enacted, That no caufe, where the cause of action fhall not amount to the fum of ten pounds, or upwards, fhall be removed or removeable into any fuperior court, by any writ of habeas corpus, or otherwise unless, the defendant the defendant, who thall be defirous of removing fuch caufe, become bound shall enter into the like recognizance for payment of the debt to pay debt and colts it and cofts, in cafe judgement fhall pass against him. court, unless judgement pals against him. CAP. An act for granting to his Majefty a certain fum of money out of the finking fund; and for applying certain monies therein mentioned for the fervice of the year one thousand feven hundred and feventy-nine; and for further appropriating the fupplies granted in this feffion of parliament. Preamble. 2,071,854l. 135. 8d. zq. granted out of the finking fund, for the fervice of the current year; to be issued by the treasury accordingly. Treasury impowered to raise the fum of 2,000,000/or any part thereof, by loans or exchequer bills, on the credit of the finking fund. All perfons who fhall lend any money upon the credit of this act to have a tally of loan, with orders for repayment of the money, with interest. Orders to be registered in courfe. No undue preferences to be given in payment. No fee to be taken, on forfeiture of treble damages, with full cofts. Penalty of undue preference in point of registry or payment. Auditor, &c. neglecting his duty, liable to damages, &c. to be recovered at Westminfter. No undue preference in the registering, where orders are brought the fame day; nor if fubfequent orders are paid before others not brought in courfe, fo as money be referved for the preceding orders. Power of affignment, and method of transferring of orders. If it shall be judged more adviseable, the treafury may raise the faid fum by exchequer bills instead of loans; and the bills in fuch case to be made in the manner prefcribed by the land tax act of this feffion. All advantages and penalties in the land tax act of this feffion, relating to loans or exchequer bills thereby authorised to be made forth, extended to this act. The faid exchequer bills, intereft, and charges, are to be paid out of the finking fund. Bank authorised to lend to his Majesty the fum of 2,000,000%. ; notwithstanding an act of 5 and 6 Gul. & Mariæ. The fum of 2,7631. 15. furplus of the finking fund; and fuch monies as fhall be paid into the exchequer between April 5, 1779, and April 5, 1780, of the produce of the duties on Gum Senega, and Gum Arabic; fhall be applied towards making good the fupply. The monies arifing by the land tax, malt tax, lottery act, loans, (1,500,000/) further loans 1,900,000l. vote of credit, 2,763 l. 15. remaining in the exchequer on April 5, 1779, of the furpluffes of the finking fund; and fuch monies as fhall be paid into the exchequer between April 5, 1779, and April, 5, 1780, of the produce of the duties on Gum Senega, and Gum Arabic; and 2,071,854%. 135. 8d. 2 q. by this act granted out of the exceffes, &c, compofing the finking fund; together with the money arifing from the fale of French prizes taken before the declara tion of war; and also fuch fums of money as his Majefty fhall direct to be applied to the publick fervice, which fhall arife out of the fale of the ceded idlands in the West Indies; fhall be applied to the ufes following: 4,589,0697. 6s. id. towards naval fervices; 395,438 15s. 4d. for the charges of the office of ordnance; 521,935% 135. 5d. for the charges of the office of ordnance, not provided for in 1778; 6,013,0824. 55. 11 d. 39. towards maintaining the land forces, &c. of which 833,9117. 18s. 6d. for defraying the charges of 30,346 effective men, &c.; and 3213 invalids, for guards, &c. in Great Britain, &c.; 1, 103, 118. 11 s. for forces and garrifons in Africa, &c. 52,9231. 1 s. 6d. to make good the difference of pay between the British and Irish establishment of troops ferving in America; 37,206. 8 s. 6d. 2q. for general and general ftaff officers in Great Britain; 56,074l. 19s. 4 d. 2q. for five Hanoverian battalions at Gibraltar and Minorca, and for provisions for three of the said battalions at Gibraltar, for the year 1779; 367,203l. 95. 10d. for 13,472 troops of Heffe Caflel, &c; 35,4411. 195. 9 d. 29. for two regiments of Hanau, &c.; 17,498 l. 2 d. 39. for a regiment of Waldeck, &c.; 93,947l. 155. &d. for 4,300 Brunswickers, &c.; 39,644l. 145 3 d. for 1,447 troops of Brandenbourg Anfpach; 7,958. 10l. 11d. 24. make good a deficiency for the troops of Brandebourg Anfpach; 16,6307. 11s. 9 d. 19. for infantry, &c. of Anhalt Zerhft; 48,6681. 35. 9 d. 19. for provifions for foreign troops ferving in America; 27,6837. 145. for defraying the charge of artillery Dd4 for با Preamble. So much of 18 Geo. 3. cap. 59. as re lates to the relief to be for foreign troops, for 1779; 610,8821. 55. for defraying the charge of the militia in South Britain, and three regiments of fencibles in North Britain, for 1779; 85,7601. 175. 2 d. for the defraying the charge of cloathing for militia in South Britain, for 1779; 5,4217. 185. 6d. for defraying the charge of additional companies to militia in South Britain, for 1778; 2,6561. 45. for defraying the charge of cloathing for additional companies of militia in South Britain, for 1778; 259,715l. 35. 4d, for augmentations of his Majefty's forces, for 1779; 87,7031. 8s. 4d. to the reduced officers of the land forces and marines; 6281. 2 s. 11 d. to the two troops of horfe guards reduced, &c.; 103,127 145. 2 d. to the out penfioners of Chelfea hofpital; 63,1957. 11. 10 d. for compleating the whole charge of the pay of one regiment of light dragoons, and fix regiments of foot, ferving in America, for 1779; 19,584 7. 25. for a regiment of fencibles to be raised in North Britain, for 1779; 6,2461. 55.-6d. to make good the charge of forming three regiments of light dragoons, of 411 men each, &c. 4,113l. 6s. 8d. for augmentation to a corps of royal highland emigrants, from May 25, to Dec 24, 1779; 2,026,1371. 45. 4ä. 2q. for extraordinaries of land forces, from Jan. 31, 1778, to Feb. 1. 1779; 1,500,000, for difcharging exchequer bills of laft feffion; 1,000,000/. for paying off the exchequer bills of lait feffion; 500,000l. for paying off the other exchequer bills of laft feffion; 32,968 1. 25. 8d. to make good to his Majesty the like fum ifsued in pursuance of the addreffes of the house of commons; 3,150l. for the civil establishment of the island of St. John; 2,900l. for the civil eftablishment of Georgia; 4,7961 10s. 5d. for fupporting the civil eftablishment of Nova Scotia; 4,950l. for the civil establishment of East Florida; 4,900 l. for the civil establishment of West Florida; 2,041. 55. for defraying expences attending furveys in North America; 6,995ł. 18s. 11d, on account of new roads, &c. in the highJands of Scotland; 60,5277. 3. 6d. for the relief of American civil officers, &c; 5,000l. for affitting the Levant company; 5,000l. to James Berkenbout and Thomas Clark, for the dilcovery of their method of dying fcarlet, &c. 13,586 l. 175. to make good to his Majesty the like fum iffued to Duncan Campbell, for the expence of confining, &c. convicts in the Thames. 40,5401. 9s. 4d. 2q. to the finking fund, to make good the deficiency on July 5, 1778, &c.; 98,8911, 35. 8d. to make good the deficiency of the fund for paying annuities granted laft feffion; 66,7441. 45. 3d. 39. to make good the deficiency of grants for the fervice of the year 1778. The faid aids to be applied only to the uses before mentioned. Rules to be obferved in the application of the half-pay. By act 18 Geo. 3. a fum not exceeding 90,9397. 15s. was appropriated to be paid to reduced officers. Overplus monies, above fatisfying faid officers, to be difpofed of to officers who were maimed. &c. in the late wars, or to officers widows and children, as his Majefty fhall direct. CA P. LXXII. An act to explain, amend, and render more effectual, the feveral laws now in being relative to the militia forces of this kingdom; and for making certain provifions relative to the fencible men in that part of Great Britain called Scotland. W HEREAS many advantages may arise from further regulations in the militia laws, be it therefore enacted by the King's most excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That fo much of an act, made in the eighteenth year of his prefent Majefty's reign, intituled, An act to amend and render more effectual the laws relating to the raifing and training the militia within that part of Great Britain called England; and to establish certain 407 certain regulations with respect to officers ferving in the corps of fen- given to the cible men directed to be raised in that part of Great Britain called families of Scotland, and certain other corps therein mentioned,) as relates to the repealed, relief to be given to the families of fubftitutes ferving in the militia, Shall be, and the fame is hereby repealed. fubftitutes, II. And whereas the families of fubftitutes, hired men, or volun- How the fateers, ferving in the militia, when embodied and called out into actual milies of fubAtitutes, that fervice, and ordered to march, may become chargeable to the parishes may become to which they belong; be it enacted by the authority aforefaid, chargeable, That in cafe any fubftitute, whose family may fo become char- fhall be fup.. geable, fhall not ferve for the parish where his family fhall dwell, it ported. fhall be lawful for the justices of the peace, who fhall make any order for the relief of fuch family, at the fame time to direct the overfeers of the parish for which he fhall ferve,to reimburfe the money fo paid to the overfeer or overfeers who fhall have advanced the fame, in pursuance of the order before-mentioned, if fuch parish shall be situated within the fame county; and if such parifh fhall be fituated in any other county, the fame juftice fhall cause the same to be reimbursed in manner herein-after mentioned. III. Provided always, That no fuch allowance fhall occafion Family of fubftitute not to fuch family to be removeable or compelled to be fent to any but to the workhouse or poorhouse, nor fhall such substitute be thereby de- workhoufe, prived of his legal fettlement elsewhere, nor of his right of vot- &c. nor be deing for the election of members to ferve in parliament. prived of his bursed out of IV. And be it further enacted by the authority aforefaid, privilege of voting. That in cafe the fubftitute, whofe family fhall be relieved as aforefaid, fhall ferve for any parish fituate in another county, the In cafe the family of a monies advanced by the overfeers of the parish, township, or fubftitute beplace, where the family fhall dwell, shall be repaid them out of come chargethe county ftock by the treasurer of the county to which the able to his paparish, township, or place, shall belong, on producing a certificate rish, and he ferve for a paof the order of the justice allowing fuch relief, (which certificate rifh in a difsuch justice is hereby required to grant accordingly;) and the ferent county, treasurer who fhall fo repay fuch overfeer, fhall tranfmit fuch then his parith certificate, and also an account of all monies fo repaid by him fhall be reimfrom time to time, quarterly to the treasurer of the county, rid- the stock of ing, or place, in the militia whereof fuch fubftitute fhall ferve; the county for and the treasurer to whom the fame fhall have been so transmit- which he ferves. ted, fhall forthwith reimburse the fame to the treasurer from whom the faid account was received; which account fo received Accounts to and reimbursed, shall be laid before the justices of the peace at be laid before the quarter their next general or quarter feffion which shall be held for fuch feffions; who county, riding, or place, for their allowance thereof; and the are to order faid juftices fhall, and they are hereby required to allow the the overfeers fame accordingly, and forthwith to make an order for the over- of the parish feers of the poor of the parish, township, or place, for which for which the fuch substitute shall ferve, to make good the fame to the treafur- ferves to make er of the county, out of the poor rates of fuch parish, township, good the fame or place; and all payments fo made by fuch treasurer or trea- to the county furers, overfeer or overfeers, in purfuance of fuch order or or- treasurer out of the parish ders of fuch juftice or juftices, fhall be allowed and paffed in their fubstitute rates. : 1 Provifo relating to peculiar jurifdic tions. Captain-lieutenants to be appointed. Their rank. Qualifications of captainlieutenants. Officers who have neglected not liable to thereof: their respective accounts, in like manner as other expences incurred on account of the militia are by the militia laws now in being directed to be paffed and allowed. V. Provided always, That in all places having peculiar jurifdictions, and not contributing to the county, fuch account fhall be made over to the treasurer, receiver, or other publick officer belonging to fuch peculiar jurifdiction, to be by him reimbursed, accounted for, and allowed, in manner aforefaid. VI. And be it further enacted by the authority, That from and after the paffing of this act, it thall and may be lawful to and for his Majesty's lieutenants of counties to appoint captainlieutenants to all regiments or battalions of militia to which fuch appointment hath not been already made; and that all captain-lieutenants fhall rank with the officers of his Majefty's other forces of equal degree as youngest of their rank. VII. And be it enacted by the authority aforefaid, That for the future all perfons to be appointed captain-lieutenants, thall have the fame qualifications as perfons ferving as captains are required to have: provided that it fhall not be neceffary for any perfon having acted as captain-lieutenant before the first day of July, one thousand feven hundred and feventy-nine, to hold any other qualification than as a lieutenant. VIII. And be it further enacted, That in cafe any officer or officers of militia fhall have neglected or omitted to deliver in his or their several refpective qualification or qualifications, agreeable to the directions of an act, made in the eighteenth year of his Majesty's reign, (intituled, An act to amend and render more effectual the laws relating to the raising and training the militia within that the penalties part of Great Britain called England; and to establish certain regulations with respect to officers ferving in the corps of fencible men directed to be raised in that part of Great Britain called Scotland, and certain other corps therein mentioned,) fuch officer or officers, notwithstanding fuch omiflion or neglect, shall not be subject or liable to any of the penalties impofed by the faid recited act; and all acts done by them in virtue of their respective commiffions as officers in the militia are hereby declared to be valid and of full effect; any thing in the said recited act to the contrary notwithstanding. or before the firft of Dec. next. Provided they IX. Provided always, That this act shall not extend to prefhall fo qualify vent such officer or officers, who hall neglect or omit to deliver themselves on in his or their refpective qualification or qualifications, on or before the first day of December next, according to the directions of the act of the eighteenth year of his present Majesty's reign, to amend and render more effectual the laws relating to the raising and training the militia within that part of Great Britain called England; and to establish certain regulations with respect to officers ferv ing in the corps of fencible men directed to be raised in that part of Great Britain called Scotland, and certain other corps therein mentioned; from being liable to the penalties imposed by the fame for fuch neglect or omiffion. All militia of X. And be it further enacted, That every officer now holding, or |