Page images
PDF
EPUB

jesty contained, or m any other act relating to the militia of this kingdom.

Recital of a XXL And whereas, by the said aft of the eighteenth year of his clause in the present Majesty, power is given to the deputy lieutenants and justices^ ^ Un cert*ficate from f^e commanding officer of any regiment, bat tali1 eo* 3# on, or company, to ballot for other men to serve in the militia, wherethe time of any militia-man /hall be within four months of its expiration, when the regiment stall be embodied, and at a distance from home: and whereas doubts have arisen how far the fame power extends when the regiment /hall be embodied, and within the county; and it is highly expedient that the said clause should be explained and made clear, so that no future doubts may arise thereupon-, be it enThesame acted by the authority aforesaid, That all the same and like powers given powers, directions, and provisions, given by that act to the by that act to commanding officers, deputy lieutenants, justices, and others, officer-"de15 W^ re^Pec^ t0 ^allotting for proper men to serve in the miputy^?eute- *ll*a> *Q *ieu °^ otners? f°ur months previous to the expiration of nants, &c. re- their time, when embodied, and at a distance from home, (hail be jpecting bal- and are hereby continued and given to the commanding offilotting four cer^ deputy lieutenants, justices, and others, to proceed to balvious to^the" ^ot tor fucri other men, and to execute the powers necessary expiration of thereto, at any time within four months previous to the expirathe time of tion of their time, when the regiment, battalion, or company, service, when shall be within the county, riding, or place, to which it belongs, the regiment, - a other county, riding, or place; and further, that the &c. (hall be at -V ~ yr i b • i i

a distance commanding officer or the regiment, battalion, or company, from home, shall have power to discharge such number of men of his regiare hereby ment, battalion, or company serving therein, whose times of

continued, service are within the time of the expiration aforesaid, and ta ne til er tnev

are in or oat receive such other men, in lieu thereof, as (hall be so ballotted, of the county, or inrolled and sworn in as ballotted men or substitutes, at any Commanding time within the term so allowed, whether the regiment shall be officer impow- within the county, or absent from home in any other part of the cred todif- kingdom; and the time of the service of such men so received, raany oHiis fworn }n> anc* inrolled, (hall commence at any time within the men whose term allowed as aforesaid, or at the end thereof, time of fer- XXII. And ivhereas it frequently happens that persons drawn, by vice is near ballot, to serve in the miHtia, negleft to appear, agreeable to the order there^re3* °f t^>e deputy lieutenants and justices of the peace, to be sworn in and others b.illot- inrolled, or to find a substitute to serve in their Jlead, or to pay the ted as afore- sum of ten pounds, and such persons jo neglecling have not sufficientsaid to supply effecls whereon to levy the J aid sum by distress and sale, and by the their places. iawS now \n being, in case they are apprehended for such failure or bafloYtedto" negleft, can only be punished by three months imprisonment in the house serve in the of correction, ivhich pu?iift>ment is by no means adequate, when the mimilitia,(hall Utia in which they are drawn to serve are embodied-, be it therefore not appear to enacted, for remedy thereof, That, from and after the passing of no^sincu"' this act> whenever any person drawn, by ballot, to serve in any substitute, nor militia regiment or company, shall neglect to appear to be sworn pay 10/. &c. in, or to find a substitute to serve in his stead, or to pay the sum of ten pounds, or (hall not have sufficient effects whereon to levy

the

the same by distress and sale, and be afterwards apprehended, by warrant from any deputy lieutenant or justice of the peace, for such offence, instead os being punished by commitment to the hutsliallbe house os correction, as aforesaid, his name (hall be entered on afteniards^p* the rolls, arid he [hall be delivered over to some proper officer prehended, Of the regiment 6r company for which he Was drawn* and be "ame shall compelled to serve for the full term os three years from the time ^eTo*)^ °.n of his apprehension, and be liable to the fame punishments for he^aVbe deafterwards absconding, deserting, or otherwise, as if he had ori- livered to a ginally attended, and been duly sworn and inrolled. proper officer,

XXIIL And zohereas, by an acl, passed in the second year of his Majestfs reign, intituled, An act to explain, amend, and reduce three years into one act of parliament, the several laws relating to the mi- Deputy [ieu\ Jitia forces in that part of Great Britain called England, certain tenants, &es powers were granted to deputy lieutenants and justices to hold fubdi- on receiving Vision meetings, and to order frejh ballots for the purpose of filling up ^rom ? com" vacancies, in the cafes therein mentioned, giving seven days notice tfTM*^'TMft uUr such meetings; and doubts have arisen to ivhat cafes or vacancies discharge of such powers extend; be it enacted, That the said deputy Jieute-any mintia nants and justices (hall, and they are hereby required, in all cafes, man' &c are when a regular discharge of any militia man shall be produced t^Hnhis00" to them, from any commanding officer, certifying the reason of stead. such discharge, and that such reason renders such militia man unfit for service, to proceed to confirm the same, and also to cause the lists to be amended, and other persons to be chosen to fill up such vacancies, in like manner as in and by the said recited act, or any other law now in force relating to the militia, is directed and provided.

XXIV. And whereas great huonveniencies have arisen from cer- Part of 18 tain power's granted by an acl, passed in the eighteenth year of his Ma- Geo' \\ ^a^> jejlfs reign, intituled, An act for defraying the charge of the pay *4* re*)trait;u> and cloathing of the militia, in that part ot Great Britain called England, for one year, beginning the twenty-fifth day of March,

one thousand seven hundred and seventy-eight 5 and for filling up vacancies in the militia, in the cafes therein mentioned ; be it enacted, That so much of the said act as relates to the powers granted to deputy lieutenants and justices, aud to colonels or commanders of regiments or battalions, to discharge miljtia men, and order fresh ballots, before the expiration of the term for which such militia men shall have been chosen by lot, and inrolled to serve, shall be, and the same is hereby repealed.

XXV. And whereat by the militia laws now in being, it is enaded, Recital of part That his Majesty s lieutenant for every county, riding, and place, to- of former migether with any two deputy lieutenants, or in the absence^ removal, *aws

or death, of his Majesty $ lieutenant, any three deputy lieutenants, appointing of Jhall, for several of the purposes in the jaid a51 declared, appoint sub- subdivision* divisions of the said deputy lieutenants, zvithin their respective conn- of deputy ties, ridings, and places, and jhall issue out their orders to the chief lieutenants constable, and where there is no chief constable, to some other officer of the several hundreds, rapes, laths, zvapentakes, or other divisions, within their refpeclive counties, ridings, and places > to require'3 by orders under Vol XXXII. Ee their

their hands, the constable, tithingrnan,headborough^ or other officer* ofeach parish, tithing* or place* within their respective hundreds, rapes* laths* wapentakes, or other divisions, to return to the deputy lieutenants, within their respective subdivisions* at the place and on the day appointed at the said first general meeting, fair and true lifts in writing of the names of all the men usually* and at that time, dwelling within their respective parishes* tit kings* andplaces, between the ages of eighteen and forty-five*, distinguishing their respective ranks and occupations, and for the several other purposes in the said act directed: and whereas, for the different rapes in the county of Sussex, there are no peace officers who can act officially as belonging to the said rapes: and whereas the rapes in the said county are the most convenient districts to be appointed as the subdivisions for the deputy lieutenants to execute the several purposes directed by the said acts, and do contain within their boundaries several hundreds, to each of which there is a peace officer belonging: and zvhereas the boroughs and tithings, over which there are headboroughs, tithingmen, or other peace, officers, are uncertain in their boundaries* and often include parts of various parishes from which great inconveniencies arise, both in ballotting for the men to be drawn by lot for the service of the said militia, and also in the payment of the money directed to be paid by the parishes to those who may be allotted to serve: and whereas it would be more expedient that the ballotting for men to serve in the said militia for the county os Sussex should be by the division of parishes, to which division there are no Lord lieute- Peace °fficers > be it therefore enacted by the authority aforesaid, nantofSussex That, from and after the last Tuesday in October next, his said after the last Majesty's lieutenant, or on his death or removal, or on his abTuesday m sence, any three or more deputy lieutenants of the county of

to like orders fta11 and maY issue 0Ut his or their orders t0 the chief

to the chief constable of the several hundreds in the rapes in the said county conttables of where their subdivisions may have been or may be appointed, hundreds to directing such chief constables to issue their precepts to the ce^ts'to11"^" cnurcriwardens or overseers of the poor of each parish within churchwar- their respective hundreds or other divisions, to return to the dens, &c. to deputy lieutenants wirhin their respective subdivisions, at the return to the pjace and on the days by them directed, fair and true lists in tenants lists' writing of the names of all the men usually dwelling within of the names their respective parishes, between the ages of eighteen and forty* of all men five, distinguishing their respective ranks and occupations, and dwelling in for fucn several other purposes as are directed to be done by the between"^8 constables, tithingmen, headborough, or other officer, of each ageToTiSand parish, tithing, or place, within their respective hundreds or 45, &c. other divisions, in an act, made in the second year of his present Churchwar- Majesty, intituled, An act to explain* amend, and reduce into one act dens and over- 0f parnament9 the several laws now in being relating to the raising purposes of6 and training the militia within that part of Great Britain called the militia England; and that the churchwardens and overseers of the laws, to be poor of the several parishes in the said county, to whom such dffimedfise h orc'ers mal* be ^uec*> fadl* for the purposes of the several acts parish &c. °^ Parliament relating to the militia of this kingdom, be deemed the officer of such parish, and (hall be invested with all the

powers powers and authorities, and be liable to the several pains, penalties, and forfeitures, as the constable, tithingman, headborough, or other officer, of any parish, tithing, or place, are subject and liable to, for, or upon account of his refusing or neglecting to return such lists, as aforesaid, or being guilty of .fraud or wilful partiality in making thereof, or not attending the orders issued by his Majesty's lieutenant, or any three deputy lieutenants, or for the several other offences in rhe said recited act or in the present act contained.

C A P. LXXIIL

An act for enabling his Majesty to raise the sum of one million, for the uses and purposes therein mentioned.

preamble. Credit of loan granted to his Majesty for 1,000,000/. Treasury may raise the fame by loans or exchequer bills, in like manner as is prescribed by the land tax act of this session, concerning loans, &c. The clauses, &c. in the said act relating to loans or exchequer bills, (exception) extended to the loans, &c. to be made in pursuance os this act. Principal and interest, with charges, to be paid out of the next supplies, and if sufficient supplies be not granted before July 5, 1780, then to be paid out of the sinking fund j and the monies so issued to be replaced out of the first supplies. The bank impo^ered to advance, on the said credit of loan, any sum not exceeding 1,000,000/.

CAP. LXXIV.

An aft to explain and amend the, laws relating to the transportation^ imprisonments and other punishmenty os certain offenders.

WHEREAS the punistment of felons, and other offenders, Preamble* by transportation to his Majesty s colonies and plantations in America, is attended with many difficulties: be it therefore enacted by the King's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, That, from and after the first day of July, one thou- When any sand seven hundred and seventy-nine, when any person, at any person is confession of oyer and terminer, or gaol delivery, or at any quarter g Candor or other general session of the peace, to be holden for any wSe*" of any county, riding, liberty, division, city, corporation, or place, crime 'punishwithin that part of Great Britain called England, or at any great able by transsession to be holden for the county palatine of Chester, or within 5^^°" *£e the principality of Wales, (hall be lawfully convicted of any courYmayort grand or petty larceny, or any other crime, for which he or der him to be Ihe is or shall be liable by law to be transported to any of his transported to Majesty's colonies or plantations in America, or if any person a/^d the sS convicted of such crime hath already been ordered to be so trans- ekherinAme* ported, but such order hath not yet been executed, it shall and rica, or elsemay be lawful for the court before which any such person hath where* been or shall be so convicted, or any court holden for the same place with like authority, if such court shall think fit, to order and adjudge that such person shall be transported to any parts . ' . E e % beyond

beyond the seas, whether the fame be situated in America* or elsewhere, in such and the like manner, and for any term of years not exceeding such and the same term as and for which such person is or (hall be liable to be transported to any of his Majesty's colonies and plantations in America aforesaid >9 any law, statute, or usage, to the contrary notwithstanding. When any H. And be it further enacted, That when any such person, orderfdfor136 ^ho hath already been> or soa11 hereafter be so convicted, (hall, transportation ^* consequence thereof, be ordered to be transported to any as aforesaid, parts beyond the seas, or if his Majesty, his heirs and successors, or any offend- (hall hereafter be graciousty pleased to extend the royal mercy from^enefifoft0 offender convicted or attainted of any felony by which clergy, shall he or ^e *S excluded from the benefit of clergy, or of such receive his statutes as are equivalent thereunto, upon the condition of Majesty's par- transportation to any parts beyond the seas as aforesaid, then and don on condi- jn anv fucja cafes a|] ]aws statutes, usages, and customs now in tion or trant- r J • , j fc \ r 1 r• • • 1 r

portation as *orce? Wlla regard to the transportation or criminals to any of aforesaid, all his Majesty's colonies or plantations in America, and their Jaws relating punishment for being afterwards at large, within any part of the to transports- kingdom of Great Britain, before the expiration of the several nals to Arne" termsr which they were ordered to be transported, or had rica, aircstheir agreed to transport themselves, and particularly the several proreturning be- visions contained in an act, made in the fourth year of King fore the expi- QeorgeKht First, intituled, Anaftfor the further preventing robbery, term shall ^be burglary, and other felonies; and for the more effectual transportation in force with of felons, and unlaivful exporters of wool \ and for declaring the law respect to the upon some points relating to pirates; and in one other act, made in offenders first the sixth year of King George the First, intituled, An aft for the mentioned, further preventing robbery, burglary % and other felonies; and for the more effectual transportation of felons \ and in one other act, made in the sixteenth year of his late majesty King George the Second, intituled, An aft for the more easy and effeftual conviftion of offenders found at large within the kingdom of Great Britain, after they have been ordered for transportation; and in one other act, made in the eighth year of his present Majesty, intituled, An aft for the wore speedy and effeftual transportation of offenders; (hall take place, be in force, and enure, with regard to the transportation of all such offenders as aforesaid, to any part or parts beyond the seas, and with regard to their punishment for being afterwards at large in this kingdom before the expiration of their respective terms, iri like manner as if the fame had been repeated and specially inserted in this act.

When any And whereas the pUnifhmtnt of burning in the hand, when

P7>s°d l]COn' anv person is convifted of felony within the benefit of clergy, is often felony for*"7 disregarded, and ineffectual; and sometimes may fix a lasting mark of which he shall disgrace and infamy on offenders, ivho might otherwise become good be liable to be subjefls, and profitable numbers of the commonwealths be it thereburnt in the ^QJ.Q enactecl9 That, from and after the passing of this act, when hourtmav any Pern ^all, in any of the courts before mentioned, be lawinstea<Hhere- fully convicted of any felony within the benefit of clergy, for of, impose on which he or she is liable by law to be burned or marked in the

brawn

« PreviousContinue »