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Allowance to

County of

Middlefex for their difproportionate expences.

one or more credible witness or witneffes, or on confeffion of the offender; and one moiety thereof fhall be paid to the ufe of the penitentiary house, or other place of confinement, to which the offence more immediately relates, and the other moiety to the informer or informers profecuting for the fame; and in cafe of nonpayment, thall be levied by diftrefs and fale of the offender's goods and chattels, by warrant under the hands and feals of fuch juftices; and the overplus of the money raifed, after deducting the penalty, and the expences of the diftrefs and fale, fhall be rendered to the owner; and for want of fufficient diftrefs the offender fhall be fent by fuch juftices to the prifon of such county, riding, division, city, borough, town, or place, for fuch term, not exceeding fix months, nor less than one month, as fuch justices shall think most proper.

LXIX. Provided always, and be it further enacted, That in be made to the confideration of the great and disproportionate expences which the county of Middlefex will probably incur, in providing for the temporary reception and maintenance of great numbers of offenders as aforesaid, it fhall and may be lawful for the commiffioners of his Majefty's treasury, or the high treasurer for the time being, to iffue and allow to the treasurer of the faid county, of Middlefex, from time to time, till fuch certificate (hall be made as aforefaid, fuch fum or fums of money as shall appear to be reasonable, in aid of fuch extraordinary expences, not exceeding the fum of three hundred pounds for one year, and fo in proportion for any longer or fhorter time.

Regulation relative to the lodgings of the judges at county affizes.

Perfons pro

this act may

LXX. And whereas the courts of affize, Nifi Prius, oyer and terminer, and gaol delivery, for feveral counties at large in this kingdom, are often held in or near cities or towns that are counties of themselves, and at the fame time with the like courts for the faid cities or towns; and inconveniencies fr.quently arife, in tranfacting the business of the feveral courts, for that the lodgings of the judges are fituate either only in the county at large, or only in the county of fuch city or town; be it therefore further enacted, That whenever the courts of affize, nifi prius, oyer and terminer, or gaol delivery, for any county at large, in that part of Great Britain called England, fhall be held in or near any city or town that is also a county of itself, and at the fame time with the like or any of the like courts for the faid city or town, the lodgings of the judge or judges fhall be conftrued and taken to be situate both within the county at large, and alfo within the county of such city or town, for the purpose of carrying this act into execution, and of tranfacting the bufinefs of the aflizes for fuch county at large, and for the county of fuch city or town, during the time that fuch judge or judges fhall continue therein for the execution of their feveral commiffions.

LXXI. And be it further enacted, That if any fuit or action fecuted under fhall be profecuted against any perfon or perfons for any thing plead the ge- done in pursuance of this act, fuch perfon or perfons may plead the general iffue, and give this act or the special matter in evidence at any trial to be had thereupon, and that the fame was

neral iffue,

done

done by the authority of this act; and if a verdict fhall pass for the defendant or defendants, or the plaintiff or plaintiffs (hall become nonfuit, or difcontinue his, her, or their action or actions, after iffue joined; or if on demurer, or otherwife, judgement shall be given against the plaintiff or plaintiffs, the and recover defendant or defendants fhall recover treble cofts, and have the treble cofts. like remedy for the fame as any defendants have by law in other cafes; and though a verdict shall be giving for any plaintiff, in any fuch action or fuit as aforefaid, fuch plaintiff thall not have cofts against the defendant, unless the judge, before whom the trial hall be, fhall certify his approbation of the verdict.

LXXII. And be it further enacted, That all actions, fuits, Limitation of and profecutions, to be commenced against any perfon or per- actions. fons for any thing done in pursuance of this act, fhall be laid and tried in the county or place where the fact was committed, and shall be commenced within fix months after the fact committed, and not otherwife.

unexpired at

LXXIII. And be it further enacted, That an act, made and So much of paffed in the fixteenth year of the reign of his present Majesty, 16 Geo. 3, intitled, An act to authorife, for a limited time, the punishment by cap. 43, con hard labour of offenders who, for certain crimes, are or hall become lates to the liable to be transported to any of his Majesty's colonies and planta- terms of contions; and which was continued by two subsequent acts, the finement of one made in the eighteenth year of the reign of his prefent offenders Majefty, and the other in this prefent feffion of parliament, till the paffing of the first day of July, one thousand seven hundred and feventy- this act. nine, fhall, with regard to fuch offenders whofe refpective terms of confinement under and by virtue of the faid acts are fubfifting and unexpired at the paffing of this act, continue and remain in force till the end or other determination of their said respective terms; the time limited for the expiration of the faid. acts, or any other matter or thing, to the contrary notwithstanding; fave only that fuch offenders fo confined shall, from and after the faid first day of July, be subject to the orders and regulations herein-before contained, instead of those contained in the faid former act.

LXXIV. And be it further enacted, That this act shall con- Continuance tinue in force until the first day of June, which fhall be in the of this act. year of our Lord one thousand seven hundred and eighty-four, and from thence to the end of the then next feffion of parliament, and no longer; except with regard to offenders whofe refpective terms of confinement under and by virtue of this act fhall be then fubfifting and unexpired, with regard to whom it shall continue in force till the end or other determination of their respective terms.

CAP.

[blocks in formation]

Preamble.

increase of

feamen, &c.;

cap. 17;

An act for removing certain difficulties with respect to the more
Speedy and effectual manning of his Majesty's navy for a limited

time.

WHEREAS by feveral acts of parliament, persons under

certain defcriptions are protected from being impreffed into his Majefty's fervice at fea: and whereas it is equally just and expedient that fuch protections should not be used to obftruct the publick defence in an arduous and difficult conjuncture; be it therefore enacted by the King's most excellent majefty, by and with the advice and consent of the lords fpiritual and temporal, and commons, in this present parliament affembled, and by the authority of the Part of an act fame, That fo much of an act, paffed in the fecond year of the 2 Annæ, for reign of her majesty Queen Anne, (intituled, An act for the increafe of feamen, and better encouragement of navigation, and fecurity of the coal trade), as grants any exemption or protection to any apprentice or other perfon from being impreffed, or permitted and 13 Geo. 2. or fuffered to lift or enter into his Majesty's fea fervice; and also one act paffed in the thirteenth year of his late Majefty's reign, (intituled, An act for the increase of mariners and feamen to navigate merchant ships, and other trading ships or vessels); and also so much of an act, paffed in the fecond year of his Majesty's reign, (intituled, An act for the better supplying the cities of London and Westminster with fish, and to reduce the prefent exorbitant price thereof, and to protect and encourage fishermen), as grants any protection to the persons therein described from being impreffed into his Majesty's service at sea; and also so much of an act paffed in the eleventh year of his Majesty's reign, (intituled, An act for the better fupport and establishment of the Greenland and Whale fishery,) as grants the like protection to the persons therein defcribed, fhall be, and the fame are hereby declared and enacted to be of no force and effect, for and during the space of five calendar months, to be computed from the fixteenth day of June, one thousand seven hundred and feventy-nine.

and part of z Geo. 3, cap. 15;

and part of 11 Geo. 3, cap. 38,

fufpended for

5 months,

from June 16,

1779.

Exception in II. Provided nevertheless, That the fufpenfion of the abovefavour of per- mentioned acts, fo far as they relate to perfons ferving on board fons employed of ships and veffels employed in the coal trade, shall not continue longer than one calendar month, to be computed from the fixteenth day of June aforefaid.

in the coal trade.

No perfox to

III. And be it further enacted, That no perfon or perfons be moleited for fhall be fued or molested for taking and impreffing, or caufing impreffing, to be taken and impreffed, within the time aforefaid, any perfon or persons for his Majefty's fervice at fea, contrary to the provisions of the before recited acts, or any of them.

within the

time aforesaid, contrary to the recited

acts.

CAP.

W

CA P. LXXVI.

An act for augmenting the militia.

HEREAS by an act, made in the fecond year of the reign Preamble. of his prefent Majefty, intituled, An act to explain, amend, Recital of the and reduce into one act of parliament, the feveral laws now in militia act being relating to the raifing and training the militia within that 2 Geo. 3 i part of Great Britain called England; it is, amongst other things enacted, That the number of private men to be raised, by virtue of the faid act, in that part of Great Britain called England, the dominion of Wales, and town of Berwick upon Tweed, fhall confift of the numbers therein particularly mentioned: and whereas, in the prefent fituation of publick affairs, it is highly neceffary and expedient that the number of the militia forces fhould be augmented: and whereas

by an act, paffed in the last feffion of parliament, intituled, An act to and 18 Geo. 3 amend and render more effectual the laws relating to the railing cap. 59. and training the militia within that part of Great Britain called England; and to establish certain regulations with refpect 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, it is enacted, That it shall and may be lawful for any of his Majesty's lieutenants to authorife the acceptance of any number of volunteers in any regiment or battalion of militia, and to appoint officers to command fuch volunteers, provided the number of fuch volunteers does not exceed the complement of any one company in any fuch regiment or battalion: and whereas it may be expedient further to extend the provisions of the faid act with reSpect to the raising volunteer companies in the militia forces of this kingdom; 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, from and Lord lieutenafter the paffing of this act, if any perfon or perfons, properly ants impowerqualified according to the laws now in force, thall offer to his Majesty's lieutenant of any county to raise one or more company companies, or companies to be added to the regiment or battalion of any and to appoint county or riding, it fhall and may be lawful for his Majefty's officers therelieutenant to accept fuch offers, and to appoint fuch officers in accordingly; and fhall certify to his Majefty, his heirs or fucceffors, the names and ranks of fuch officers, within one month after they shall be so appointed; and in cafe his Majefty, his heirs or fucceffors, fhall, within one month after fuch certificate laid before his Majefty, his heirs or fucceffors, fignify his or their disapprobation of any perfon to be fuch officer in the militia, his Majesty's lieutenant fhall not grant a commiffion to fuch perfon, but shall grant commiffions to fuch perfons so appointed who fhall not be difapproved of by his Majefty, his heirs or fucceffors, as aforefaid; and on the certificate of his Majefty's Such compa lieutenant, or of the commanding officer of the regiment or titled to the VOL. XXXII. battalion fame pay, &c.

Gg

ed to accept of volunteer

nies to be in

as the other battalion to which fuch company or companies fhall be annexed, militia forces. that fuch company or companies are actually raised, fuch company or companies fhall be intitled to the fame allowance of bounty, fubfiftence money, arms, and clothing, as the reft of his Majesty's militia forces in this kingdom.

Augmented II. And be it enacted, That when any fuch companies of regiments not volunteers fhall be added to any regiment, fuch addition thall not make it neceffary to feparate fuch regiment into two battalions, but such regiment fhall remain and continue one regi

to be made twobattalions.

Volunteer

companies to be fubject to all the laws, regulations,

&c now in

ment.

III. And be it further enacted by the authority aforefaid, That all and every the feveral laws, and all the rules, regulations, penalties, forfeitures, claufes, matters, and things therein contained, and now in force, or which fhall be paffed in this feffion of parliament, relative to the raising, training, paying, force relating clothing, embodying, and calling out, the militia, fhall bet to the militia; applied, practifed, and put in execution, with refpect to the additional volunteer companies by this act directed to be raised, in as ful! and ample manner as if the faid feveral laws, rules, regulations, penalties, forfeitures, claufes, matters, and things, were herein again at large repeated and re-enacted in the body of this prefent act; fave and except fo far as the fame are altered by any provifions contained in this act.

and to be reduced when

the militia shall be dif

IV. And be it further enacted by the authority aforefaid, That all volunteer companies which fhall be raised in pursuance of this act, fhall be reduced and diffolved whenever the militia embodied, &c. of the counties, ridings, and places, in which fuch companies shall be raised, shall be difembodied, or at fuch earlier period as his Majesty shall fignify his pleasure to reduce fuch companies.

Continuance

of this act.

V. And be it further enacted by the authority aforefaid, That this act shall be and continue in force until the first day of December, one thousand seven hundred and eighty-two, and no longer.

CA P. LXXVII.

An act to enable the commiffioners of his Majefty's treasury to compound a debt due to the crown from James Gildart and his fureties, and for vefting the eftates of the faid James Gildart in Francis Gildart and Thomas Gildart; and for other purposes therein mentioned. Preamble; reciting feveral bonds entered into by James Gildart, and his fureties. A writ of extent iffued by the court of exchequer. Commiffioners of the treasury impowered to compound with Francis Gildart and Thomas Gildart, for the money remaining due to the crown from James Gildart, as receiver general of the land tax, &c. for Lancashire, or from his fureties. All the eftates, both real and perfonal, which James Gildart was poffeffed of or intitled to at the fuing out of the extent; and alfo the eftates which were devised as aforefaid by Richard Gildart, are velted in Francis Gildart and Thomas Gildart; fubject to the payment of the compofition herein mentioned for the debts aforefaid. Upon payment of the compofition abovementioned, or giving fecurity for the fame, the faid eitates to be abfolutely vefted in them and their heirs, freed from all debts due from James Gildart to the crown, and from the bonds en

tered

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