' V v'.-V V.V \ For i OM ONLY "jftf & <«3> £& dfe *2§> rSfe Sh &h <§&. cS& C&p <^ C§g> J<£ I For regulating Madhouses. N. B. The Figures in the Margin denote the Number of the Folios in the written Copy. H€- ^ & E <£ 3 %> many great and dangerous Abufes w ff frequently arife from the prefent State of Houfes tZ *^ ^t kept ^ or £ ^ e R- ece ption °f Lunatics, for want of beflfcagji Regulations with refpecl to the Perfons keeping >«•<*<«?«»<* fuch Hou( - es> the Admiffion of Patients into them, and the Vifitation, by proper Perfons, of the faid Houfes and Patients : 9nU tDftCteag the Law, as it now ftands, is infumcient for preventing or difcovering fuch Abufes: A May C 2 3 May it therefore pleafe Your MAJESTY, That it may be Enacted; SnD uC it SBnactCtl by the King's Mod Excellent Majesty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament afiembled, and by the Authority of the fame, That from and after if any Perfon or Perfons, in that Part of Great Britain called England, the Dominion of Wales, or Town of Berwick upon Tweed, mall, upon any Pretence whatfoever, conceal, harbour, entertain, or confine, in any Houfe or Place kept for the Reception of Lunatics, more than One Lunatic at any one Time, without having fuch Licence for that Purpofe as is hereinafter directed (ex- cept fuch Lunatics as are committed by the Lord High Chancellor of Great Britain, or Lord Keeper, or Commiflion- ers for the Cuftody of the Great Seal, for the Time bting) every fuch Perfon {hall for every fuch Offence forfeit and pay the Sum of 0nU, in order that proper Perfons may be appointed for vifiting fuch Houfes as {hall be licenfed and kept for the Reception of Lunatics, within the Cities of London and Weftminjler, and within Miles of the fame, and within the County- of MiMefex ; 15e tt further OEnaftCu by the Authority aforefaid, That the Prefident and Fellows of the Royal College of Phylicians in London, for the Time being, at a general Meeting of the faid College, to be held upon the Day of September, or, if that Day falls upon Sunday, then upon the Day of October, in every Year, {hall elect Fellows of the faid College, for granting fuch Licences as aforefaid, within the faid Cities of London and Wejlminfier, and within Miles of the fame, and within the faid County of Middlefex, according to the Di- rections of this Act ; and the faid Fellows, fo elected, {hall be 5 and are hereby declared to be Commiffioners for granting fuch Licences within the Limits aforefaid, for the Year then next enfuing : Provided that at lead of the faid Fellows to be fo elected, {hall be Perfons who have not acted as Commiffioners for the preceding Year; and that no Perfon whatfoever {hall be capable of being elected, or of acting as a Commiffioner, for more than Years fuccef- iively. 3nD --' I 3 1 FOR READ. NU /77/ SlflJ be it ftirttJCt (SnaftCtJ, That in cafe at any Time of Election there (hall not be found a iV.fficient Number of Fellows qualified, or willing to act as Commifiioners, the Jaid Preiident and Fellows are hereby required, upon every fuch Deficiency, to elect or more from among the Licentiates, to fupply the fame. Snt) 6C it ftitthn* CnactCD by the Authority aforefaid, That as often as any of the Commifiioners, to be elected as afore- faid, (hall die, or refute to act, the faid Prefident is hereby required to call a Meeting of the faid Fellows, within Days next after fuch Death or Refufal (hall be known to the faid Prefident, in order to elect a Commiffioner in the £ room of every Commiffioner who fhall fo die or refute to act; and every Commiffioner fo to be elected, fhall be, and is hereby verted with the fame Power and Authority, in all Refpects whatfoever, as the Commiiiioner in whofe Place he fhall be chofen was veiled with. QMS t>€ it flirtfjcr (ZEnaftCD, That every Perfon who fhall be elected a Commiiiioner to act within the Cities of London and Wcftminfter, and within Miles of the fame, and within the County of Middkfex as aforefaid, fhall, within Davs after fuch Election, take the following Oath j (that is to fay) " I A. B. do fwear, That I will faithfully and impar- " tially execute all the Trufls committed unto me, by " virtue of an Act of Parliament made in the Four- " teenth Year of the Reign of King George the Third, D *-H o l-H fl' r it H H £*?* P W ^ ft". ^* *»§.§: r [ I ] BILL To prevent Abufes in the Packing or Bagging of Hops. ^C"~E^Ij)<2ElR(ZE3^>> divers Abufes are practifed in the Packing or Bagging of Hops : For Remedy whereof, May it pleafe Your MAJESTY, That it may be Enacted, anO fJC it CnaftCD by the King's moil Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That from and after the all Planters, Growers, and Owners of Hops, fhall, before the Duty is charged thereon, mark or caufe to be marked, with Ink or Paint, in plain and legible Characters, upon the Outfide of every Bag or Pocket in which any Hops fhall be packed, the Weight or Tare of every fuch Bag or Pocket, with the Planter or Planters Name or Names at full Length, or the Initial Letters thereof, together with the Date of the Year in which fuch Hops were grown : And if any Planter, Grower or Owner of Hops, fhall not mark all fuch Bags or Pockets, within the Time and in the Manner aforefaid, or fhall not mark or caufe to be marked the exact and true Weight of all A fuch [ * ] fuch Bags or Pockets, every fuch Planter, Grower or Owner of Hops, fhall, for every fuch Offence, forfeit the Sum of 3nU bC it futtijer CrmftCB by the Authority aforefaid, That all and every Perfon and Perfons, who mail fell any Plops which fhall be grown after the faid fhall make an Allowance to the Buyer of fuch Hops for the Tare of every Bag or Pocket, according to the Weight fo marked thereon ; and fo in Propor- tion for a Part of any Bag or Pocket which fhall be cut and fold in any lefs Quantity than a whole Bag or Pocket ; which Al- lowance fhall be deducted from the grofs Weight of all fuch Hops before Payment fhall be demanded for the fame. l£>£Otiiu0tl altoap0, That every Perfon who fhail fell a whole Bag or Pocket of Hops, fhall be allowed to charge for every Bag or Pocket wherein fuch Hops fhall be contained, fuch Sum as any fuch Planter or Seller fhall have actually paid for the fame, not exceeding for any One Bag, and for any One Pocket. 3nD t)C it further (EnafteD by the Authority aforefaid, That all Penalties and Forfeitures for Offences againft this Act fhall, upon Information and Proof of the Offences reflectively before any One Juftice of the Peace for the County or Place where the Offence fhall be difcovered, or wherein the Offender fhall be or refide, either by the Confeffion of the Party or Parties offending, or by the Oath of One or more Witnefs or Witneffes (which Oath fuch Juftice of the Peace is hereby impowered and required to adminifter without Fee or Reward) be levied by of the Goods and Chattels of the Party or Parties offend- ing, by Warrant or Warrants under the Hand and Seal of fuch Juftice (which Warrant or Warrants fuch Juftice is hereby im- powered to grant) ; and the Overplus, after fuch Penalties and Forfeitures, and the Charges of fuch are re- covered and deducted, fhall be returned upon Demand unto the Owner or Owners of fuch Goods and Chattels ; and the Penal- ties and Forfeitures, when fo paid or levied, fhall from time to time be paid to the Perfon who fhall give Information of any fuch Offence. IPlCUiuCQ aUoaPS, That nothing herein contained fhall extend to fubject any fuch Planter, Grower or Owner of Hops, to the faid [ 3 ] faid Penalty in Cafes where an Increase of Weight fhall appear to fuch Juilice to have arifen by the Flour or Dull of the Hops, or other Duft, Dirt or Thing that may have unavoidably adhered to fuch Bag or Pocket ; fuch Increafe not exceeding Pounds Weight for any one Bag, or Pounds Weight for any one Pocket. ^ouinco altoaps, ants it is Ijcrcfaj? Declares, That no Perfon fhall be liable to be profecutcd for any Penalty .for any Offence againfl this Ac!:, unlefs Complaint ihall be made thereof to fome juftice of the Peace for the County or Place where the Caufe of Complaint fhall arife or be difcovered, within Months next after the Sale of any fuch Hops ; any Thing herein before contained to the contrary hereof notwithftandins:. 3n0 be it ftltthet CnafteO by the Authority aforefaid, That this A£t fhall be deemed and taken to be a Public Act, and ihall be judicially taken Notice of as fuch by all Judges, Juitices, and other Perfons whomfoever, without fpecially pleading the fame. H o 1— J O < -« S w crq n' o I— • • ~ * > r r r "SB? c«8> c«2> cS& cSk cSk c£& < "-> <3§> b )^ O W W WW W W W W ' the Judges of the Courts of )£ Se( Lavv there, Colliers and Coalbearers, and Salt- . ers, are in a State of Slavery, bound to the Collieries and Salt Works, where they work for Life, tranf- ferrable, with thefe Collieries and Salt Works, when their original Mailers have no further Ufe for them : A gnu [ 3 ] SiVD ttJfjttCas Perfons are difcouraged and prevented from learning the Art or Bufinefs of Colliers, or Coalbearers, and Salters, by their becoming bound to ths Collieries and Salt Works for Life, where they (hall work for the Space of One Year, by Means whereof there are not a fufficient Num- ber of Colliers, Coalbearers, and Salters, in Scalane, for working the Quantity of Coal and Salt neceffarily wanted, and many new difeovered Coals remain unwrougbt, and many are not fufficiently wrought; nor are there a fufticient ber of Salters for the Salt Works, to the great Ldfs of the Owners, and Difadvantage to the Public : ^llu" fajfjerCft.S the emancipating the Colliers, Coalbearers, and Salters, now in being in Scotland, gradually, upon reafonable Conditions, and the preventing others from c into fuch a State of Servitude, would be the Means of in- creating the Number of -Colliers, Coalbearers, and Salters, to the great .Benefit of the Public, without doing any Injury to the prefent Mafters, and would remove the Reproach of allowing fuch a State of Servitude to exiil in a free Coun- try : May it therefore pleafe Your M A J E S T Y, That it may be Enacted ; QnD fcC it CnafiCt! by the King's Moft Excellent Majesty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Com- mons, in this prefent Parliament affembled, and by the Au- thority of the fame, That from and after no Perfon working as a Collier, Coalbearer, or Salter, or in any other Way, in a Colliery or Salt Work in Scotia ■ lhall be bound to fuch Colliery or Salt Work, or to the Owner thereof, in any Way or Manner different from what is permitted by the Law of Scotland with regard to Servants and Labourers ; and that they fhall be deemed free, and fhall enjoy the fame Privileges, Rights, and Immunities with the reft of His Majefty's Subjects, any Law or Ufage in Scot/and to the contrary notwith (landing. IPtOQlOetJ altuagg, That it (hall be lawful for all Own- ers and Leffees of Collieries and Salt Woiks, and for Col- liers, Coalbearers, and Salters, to take Perfons, bound by Con- tract [ 3 ] tract or Indenture, as Apprentices, to learn the Art or Bufi- nefs of Coalhewing, Coaibearing, or making Salt, for any Term of Years permitted by the Law of Scotland with re- gard to Apprentice? in other Arts and Myfleries. 3nD I3C it farther. £naaeD by the Authority aforefaid, That all Perfms under the Age of at the Com- mencement of this Aft, employed as Colliers, CoalbearerSj or Sabers, in Scotland, mail, after Service from and after the Commencement of this Act, be free from their Service and Servitude, and at Liberty to engage themfelves as Servants or Labourers in any other Colliery or Salt Work, or in any ether Kind of Labour whatever. 8tlU be it further 4£na3tD by the Authority aforefaid, That all Colliers and Salters in Scotland, above the Age of and under the Age of at the Com- menccment of this Act, after a Service of and all Colliers and Salters above the Age of but under the Age of at the Commencement of this Act, after a Service of and ail Colliers and Salters above the Age of at the Com- mencement of this Act, after a Service of after their having reflectively fufficiently initructed a Perfon as an Apprentice in the Art or Myflery of Coalhewing, or making of Salt, of the Age of at lead when fuch In- ftruction mall be perfected, fhall be free from any other Servitude or Bondage to the Colliery or Salt Work to which they were bound. IPlOtHu'Cu' altUayS', That every Collier or Salter claiming Liberty under the Authority of this Act, fhall, prior to his being freed from his Servitude or Bondage, obtain a Decree of the Sheriff Court of the County in which he refides, finding and declaring that he is intitied to his Freedom under the- Au- thority of this Act. SlnH fc£ it CnactCD by the Authority aforefaid, That for the Purpofe of obtaining fuch Decree, it mall and may be law- ful for the Collier or Salter claiming his Freedom, to prefent a Petition to the Sheriff Depute or Subftitute of the County where he refides, ftathig his Claim of Freedom, and offering to prove the Facts which entitle him to it ; and the Sheriff Depute or Subftitute is hereby authorized and required to B order [ 4 ] order the Petition to be ferved upon the Owner, LefTee, or Overfeer of the Colliery or Salt Works to which the Petitioner is bound, and to order an Anfwer to be put in to the Petition in Days after Service, Hating the Objection or Objections to the Freedom claimed, if any fuch are intended to be made; and the Sheriff fti all thereafter proceed in a fummary Way in taking the Proofs, and all other Procedure neceffary, until a Decree fhall be pronounced ; and if the Decree of the Sheriff fhall be againft the Petitioner, finding him not intitled to Freedom, it fhall neverthelefs be competent to fuch Petitioner, at any Period after the Expiration of to prefent a Second Petition, ftating his Claim of Liberty of new, and which {hall be proceeded upon in the fame Manner as the former j and if the Petitioner fails in obtaining a Decree for him on the Second Petition, he may, after the Expiration of from the Date of the Second Decree, prefent a Third Petition, which fhall likewife be proceeded upon in the fame Manner ; and if he fails in obtaining Decree upon his Third Petition, he may prefent a Fourth j and fo on till he obtains a Decree de- claring his Freedom; at lead: being expired after a Decree upon one Petition, before it fhall be competent to pre- fent another. ISrouiDcu alftaps, ana tic it Cnaftcu, That a Collier or Salter claiming his Liberty under the Authority of this Act, his not having inftructed an Apprentice in Manner before directed fhall afford no Objection to fuch Collier or Salter obtaining a Decree of his Freedom, if he fhall produce to the Sheriff a Writing; under the Hand of the Owner or LefTee of the Colliery or Salt Work to which he is bound, or of the Steward or Factor of the Owner, difcharging the Obli- gation upon fuch Collier or Salter to have inftructed an Ap- prentice in Manner before directed. 9tf) fcC it fUttfjet CnaaCU by the Authority aforefaid, That it fhall not be competent for either of the Parties to remove the Proceedings upon any fuch petition into the Couit of Seffion in Scotland, by Advocation, or to complain of any Decree, by Appeal or Sufpenlion, or to fue for Reduction of any fuch Decree ; and that every Decree upon fuch Petition, finding and declaring the Freedom of the Petitioner, fhall be final and conclulive againft the Perfon to whom the Petitioner was bound. [ s ] antJ bC it further CBna&etJ by the Authority aforefaid, That when Colliers or Salters obtain their Freedom under the Authority of this Aft, their Wives and Children, and all others who make Part of their Family, and are Ccalbearers, or other- wife afiiftant to them, fhall Iikewife be free. Stl3 &C it furtber €nattCti by the Authority aforefaid, That all Coalbearers, Sakers, and other Labourers in Collieries or Salt Works, who are bound to any Colliery or Salt Work in Scotland, and do not belong to the Family of any particular Collier or Salter, fhall, after Service from the Commencement of this Aft, be free from their Service and Servitude, and at Liberty to engage themfelves as Servants or Labourers in any other Colliery or Salt Work, or in any other kind of Work vvhatfoever. 3n0 bC it further (£nafteS by the Authority aforefaid, That from and after all Colliers and Salters then free, and all Perfons that may thereafter become Colliers and Salters, and all Colliers and Salters bound to any Coliiery or Salt Work upon the faid from the Time of obtaining their Freedom under the Authority of this Aft, fhall be entitled to the Benefit of an Aft, made in the Parliament of Scotland, in the Year One thoufand Seven hundred and One, intituled, " Aft for preventing wrongous Imprifonment, and ' : againft undue Delays in Trials," any thing in the laid Aft to the contrary notwith (landing. ment o liers, C 3 •-I *-• 3 w o ""•* < O £L to •i X w T3 f— ( timid, refp :arers, and > CO O FOR aining, and r CI en q, 3* ?T 5" Q CTQ 3 r ? o •-I n o •— * 1 5* 1 a. i k ##a| g B I L FOR The more eafy Attendance of Freeholders at Elec- tions of Knights of the Shire for certain Coun- ties. Note. — The Figures in the Margin denote the Number of the Folks in the written Copy. &&&&&& fp <& E € 3 % feveral Counties in this Kingdom ra cS are of fo lar^e an Extent, that the Freeholders w *i&* vg thereof cannot, without great Expence and Fa- 5§C ^C tigut, be affembled together, at any One Place £Os&^^Q5;5£ within the fame, to make their Elections of Knights of the Shire to ferve in Parliament for the faid Counties :, Silt) tohcrta.5 the County Towns, or Places where fuch Elections have been ufually and by Law ought to be made, are A . in [ » ] in fome other Counties fo inconveniently fituated, as to fubjeel the Freeholders to the fame Inconveniencies : 3n0 toherea.6 the giving Money by the Candidates to the Freeholders, under Pretence of paying their Charges to and from fuch Places of Election, hath given Occafion to much Bribery and Corruption j 3fn order, therefore, that fuch Elec- tions may be made in a lefs expenfive and more convenient Manner, and that fuch Bribery and Corruption may be effec- tually prevented, May it pleafe Your MAJESTY, That it may be Enaded ; ant) fiC it CiiaftCD by the KING'S Moft Excellent Majesty, by and with the Advice and Con- fent or the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That from and after the Difiblution or other Deter- mination of this prefent Parliament, when and as often as any Writ for the Election of a Knight or Knights of the Shire for the County of fhall be proclaimed, and a Poll fhall be demanded by any Candidate, or by any or more Perfons having a Right to vote at fuch Election, fuch Poll fhall be taken at for the within the faid County, and at for the and at for the within the fame. 8nD bC It further dnaftCD by the Authority aforefaid, That when a Poll fhall be demanded at the Proclamation of any fuch Writ, the fame fhall proceed in the Manner as by Law is directed, in the City, Town, or Place where fuch Writ fhall be proclaimed, for the Diftrict, Divifion, or Part of fuch -County in which fuch City, Town, or Place is fituated ; and that the Poll for all the other Diftricts, Divifions, and Parts of the faid County fhall commence on the Day after the Proclamation of fuch Writ, if it be not a Sunday, and if it be a Sunday, then on the Day following ; and that in the Computation of fuch Day, the Day of the Proclama- tion of the Writ ihall be One ; and that in all Cafes where Notice of the Time and Place of fuch Election is re- quired by Law to .be given, Notice of the Commencement of fuch . [ 3 ] inch Poll at the Cities, Towns, and Places, other than that in which the Writ fhall be proclaimed, fhall be likewife given. 3r.3 ht it further Cnati;^, That every Freeholder (hall give his Vote and Poll, at fuch Election, at the City, Town, or Place of the Diflrict, Divifion, or Part of the County hereby appointed, in which fuch Freehold is iituated, and not in any other Diflrict, Diviiion, or Part of the faid County ; and if any Freeholder fliall poll, or give his Vole, in any other Diflrict, Diviiion, or Part of fuch County, than that wherein his Free- hold is fituated, his Vote, fo given contrary hereto, fliall be void and of no Effect. 3ttD fie it further €na&Ct5, That if any Perlbn fliall give his Vote or Pell more than Once, or in more than One Diftrict, Diviiion, or Part of fuch County, the Vote of every fuch Perfon fliall be void and of no Effect in fuch Election, and fuch Perfon fliall for every fuch Of- fence forfeit and pay and be 9ntl tie it further CnaftCtS, That in order to carry this Act into Execution, it fliall and may be lawful for the Sheriff, or, in cafe of his Death or Abfence, for the Under Sheriff, and fuch Sheriff or Under Sheriff is hereby empowered and required, by Writing under his Hand and Seal, to authorize and appoint One or more proper Perfon or Perfons to take the Poll at fuch Place or Places, other than the Place in which fuch Writ fliall be proclaimed ; and that every fuch Perfon, fo autho- rized and appointed, fhall, at the Time and Place appointed for taking the faid Poll, and before he fliall proceed to take the lame, openly read, or caufe to be read, an Act, made in the Second Year of the late King George the Second, inti- tuled, " An Act for the more effectually preventing Bribery *' and Corruption," and fliall take and fubferibe the follow- ing Oath : " I A. B. do folemnly fwear, That I have not, directly " nor indirectly, received any Sum or Sums of Money, " Office, Place, or Employment, Gratuity or Re- " ward, or any Bond, Bill, cr Note, or any Prcmife " or Gratuity whatfoever, either by myfelf, or any " other [ 4 ] " other Perfon to my Ufe, or Benefit or Advantage, *' for or concerning the taking or returning the Poll " now about to be taken ; and that I will admit ** every Perfon's Name to be inferted in the faid " Poll, who fhall appear to me to be. qualified by *' Law to give his Vote thereat, and alfo the Name " or Names of the Perfon or Perfon s for whom he " fhall vote; and that I will not admit the Name " of any Perfon to be inferted therein, unlefs he fhall ! § 2. ° 3 i— i O P 2. >lj § erg 3 3 2/ nh see ©© ass* nx mm ** k mz ®m @® *? & @© $$ M S® &£ && && &Sg ®© & SBC & B I L L FOR The better fecuring the Rights of Voters at County Elections. "Note.— The Figures in the Margin denote the Number of the Folios in the written Copy. ;&3eQaQsQ6{ $&]&<£ 3® the Laws now in being, for afcertaining ■& ^S the Rights of Perfons claiming to vote at the Elections & MX M. f Knights of the Shire to ferve in Parliament for |www| that Part of Great Britain called England, and for ' *^^* the Dominion of Wales, have by Experience been found inadequate : 3nB tnhcreag it is highly expedient to prevent, in fuch Elec- tions, Difputes, Delays, Uncertainty, and Expence : I6e it therefore OEnaaeti, arm it is fcerebp Cnaftezj, by the KING's Moft Excellent Majesty, by and with the Advice .and Confent of the Lords Spiritual and Temporal, and Com- A mons, - [ 3 ] 2 mons, in this prefent Parliament affembled, and by the Autho- rity of the fame, That from and after the Day of One thoufand Seven hundred and no Per- fon (except as is hereinafter excepted) mall vote at any Elec- tion of any Knight or Knights of the Shire to ferve in Parlia- ment for any County in that Part of Great Britain called England, or in the Dominion of Wales, without having had his Name enrolled, as hereinafter mentioned, in the Regifter of fome Parifh within fuch County, at leaft Twelve Calendar Months before the Day on which fuch Perfon (hall tender his Vote at fuch Election ; and fuch Regifter (hall be called " The " Regijler of Freeholders' for fuch Pariih ; and every Perfon (ex- cept as is hereinafter excepted) who {hall, after the faid Day, tender his Vote at any fuch Election as aforefaid, fhall, before he 3 be permitted to vote at fuch Election, take the following Oath ; videlicet : " I do folemnly fwear" [or, being one of the People called Quakers, " I do folemnly affirm] That my Name is A. B. " and that I am ' \ [pacifying the Addition, Pro- fefion, or Trade of fuch Perfon] " and that the ufual " Place of my Abode is at " [and if it be in a Town conjijiing of more Streets than one, fpecifying in •what Street] " in the County of and that I " have been enrolled at leaft Twelve Calendar Months or Eftates affected by the faid Mortgage or other Security, then and in fuch Cafe the Eftate fo regiftered fhall not be deemed to be affected by fuch Mortgage or other Security., within the true Intent and Meaning of this Act. 3ntJ VufjCtcaio great Inconvenience might arife, if the fame 22 Freeholders were to caufe different Enrolments to be made with- in the fame County, without any Notice being taken of the faid different Enrolments ; "15e it thttuQte further CnaftCQ by the Authority aforefaid, That if any Perfon, whofe Name fhall be enrolledin any Regifter of Freeholders as aforefaid, and who fhall not have fold or otherwife have alienated the Whole of the Eftate or Eftates fo enrolled, fhall (by Atteitation or otherwife) caufe his Name to be inrolled in the Regifter of Freeholders for any other Pariih in the fame County, or fhall caufe any other Enrol- ment to be made in the Regifter of Freeholders for the fame .Pariih, then and in fuch Cafe there fhall be written, immedi- ately under the faid Perfon's Name in the laft Enrolment, Words to the following Effeft ; videlicet : " Already enrolledin the Regifter of Freeholders for the 23 " Pariih of N J " [Specifying the faid Parifv cr Pari/hes, and the progrejtve Number or pro- grejfive Numbers of the former Enrolment or Enrolments. \ And if any Perfon who fhall (by Atteftation or otherwife! caufe his Name to be enrolled in any Regifter of Freeholders fhall in any Cafe aft contrary hereunto, he fhall forfeit the Sum of of lawful Money of Great Britam, to any Perfon or Perfons who fhall fue for the fame ; but the Validity of any or either of the faid Enrolments fhali not be affected hereby. gtlu lie it furtfjCC CilfictCu by the Authority aforefaid, That 24. the Regifiers of Freeholders aforefaid (of the Form fpecified in the Schedule hereunto annexed, N" i) Ihall be kept in the fol- lowing Manner (that is to fay) : The Name of the Parifh to £ which [ io ] which any fuch Regiiler of Freeholders fhall belong, and alfo the Name of the County within which fuch Parifh fhall lie, fhall be written or printed at the Head of each Folio of fuch Regifter, together with the progreflive Number of fuch Folio ; and there fhall be a progreflive Number oppolite to each Enrolment en- tered in fuch Regifter; and the Regifter- keeper fhall take down, or in his Prefence caufe to be taken down, the Chriftian Name or Chriftian Names, and the Surname or Surnames, of the Perfon requeuing to be enrolled, together with his Addition, Profeffion, 25 or Trade, and his ufual Place of Abode, and if it be in a Town confifting of more Streets than One, fpecifying in what Street, and fpecifying whether fuch Perfon be " prefent" or " abfent" at the Time of his Enrolment being made, and fpecifying the Na- ture of his Freehold Eftate, that is to fay, fpecifying whether his Freehold Eftate confift of Lands or Meffuage, or of both, or of Great Tythes or Small Tythes, or of both, or of an Office, or of an Annuity or Rent Charge ; and if the faid Freehold Eftate be on any Life or Lives, then fpecifying whether the fame be on his own Life, or on the Life of C. D. or on the longeft of the Lives of E. F. and G. H. &c. or on the fhorteft of the Lives of K. L. and M. N. &c. ; and if the Freehold Eftate confift of Lands or Meffuage, or of both, then defcribing the faid Lands or Meffuage, 26 or fuch Part or Parts thereof as fhall be of the clear Yearly Value of Forty Shillings as aforefaid, and fpecifying the Name of fome Occupier of the faid Lands or Meffuage ; or if the Freehold Eftate confift of Great Tythes or Small Tythes, or of both, then fpecify- ing fome of the Lands out of which fuch Tythes fhall iffue, and fpecifying the Name of fome Occupier of fuch Lands j or if the Freehold Eftate confift of an Office, then fpecifying the faid Office, and fpecifying fome Lands or Meffuage out of which the Profits of fuch Office fhall iffue, and fpecifying the Name of fome 27 Occupier of the faid Lands or Meffuage ; but if the Freehold Eftate confift of an Annuity or Rent Charge, or if any Perfon ihall apply by Atteftation as aforefaid to have his Name enrolled in any Regifter of Freeholders, then the Name and Defcription of the Perfon requefting to be enrolled, and the Defcription of the faid Annuity or Rent Charge, or other Freehold Eftate (as the Cafe may be) ihall be taken from the Atteftation aforefaid ; and the Year, Month, and Day on which any Enrolment fhall be made fhall in all Cafes be fpecified; and the Regifter-keeper who Ihall, in purfuance of this Acl, make any Enrolment as aforefaid, or who fhall caufe the fame in his Prefence to be made, ihall and is hereby required to fign fuch Enrolment. 2nD, [ '» ] SnP, in order to facilitate the Means of preventing fraudu- 28 lent Votes in fuch Elections as aforefaid, H?C it CuitilCC dBnaftCD by the Authority aforefaid, That every Regifter-keeper afore- faid (hall, previous to every General Quarter Seffions of the Peace, make, or caufe to be made, an exact and correct Copy, fairly written, of every Enrolment which fhall, fince the laft preceding General Quarter Seflions of the Peace, have been made as aforefaid, in the Regifter of Freeholders for the Parifh ; and every fuch Copy mall be of the Form fpecified in the Schedule hereunto annexed, N° 1 ; and the faid Regifter-keeper fhall care- fully examine the laid Copy, and fhall, at the End of each Page or Folio of fuch Copy, certify that the fame is " a true Copy," and fhall fign each Page or Folio of fuch Copy ; and whenever any Enrolment fhall have been copied as aforefaid (in order to 29 be delivered to the Clerk of the Peace as hereinafter is di- rected) the faid Regifter-keeper fhall, upon the original Re- gifter, write, or in his Prefence caufe to be written, the Word *' copied," immediately under the progreffive Number that fhall be oppofite to the Enrolment fo copied; and fuch Regifter-keeper fhall deliver (or fafely tranfmit, fealed up) unto the Clerk of the f Peace, at the Firft General Quarter Seflions of the Peace for the County, or for the Riding or Divifion of the fame to which fuch Parilh fhall belong, every fuch Copy which fhall have been made as aforefaid ■, and fuch Regifter-keeper fhall, at the fame Time, de- 30 liver (or fafely tranfmit, fealed up) unto fuch Clerk of the Peace, every Attestation winch {hall have been left with fuch Regifter- keeper as aforefaid, and if no Enrolment fhall have been made in any Regifter of Freeholders as aforefaid, fince the laft Copy which fhall have been fent to the Clerk of the Peace as aforefaid, then and in fuch Cafe fuch Regifter-keeper fhall deliver (or fafely tranfmit, fealed up) unto fuch Clerk of the Peace as afore- faid a Notice, of the Form fpecified in the Schedule hereunto annexed, N" 5, which Notice fhall be figned by fuch Regifter- keeper. JSjcafciseiJ allnaps, antj fee it further (SnaficD by the Autho- rity aforefaid, That it fhall and may be lawful for every fuch Regifter-keeper as aforefaid to deliver or fafely tranfmit any fuch Papers as aforefaid unto any Conftable within fuch Coun- ty, or within fuch Riding or Divifion as aforefaid (as the Cafe may be) and the fame fhall be fealed up, and fhall be directed to " the Clerk of the Peace" and the Name of the Parifh to which fuch Papers fhall belong (hall be alfo fpecified on the Direction ; and fuch Conftable fhaii and is hereby required fafely to s l [ " ] to deliver fuch Papers (without breaking the Seal) unto inch Clerk of the Peace at fuch General Quarter Scffions as afore- faid. 32 3nt) be it furtljCt CBtia&Ct) by the Authority aforefaid, That every Clerk of the Peace aforefaid (hall provide, for each Parifh within the County, Riding, or Divifion, a Regifter, of the Form fpecified in the Schedule hereunto annexed, N° 1 ; and fuch Clerk of the Peace, on receiving any Copy of any Enrolment or Enrolments as aforefaid, fhall forthwith enter, or caufe to be entered, an exact and correct Copy of the fame in the faid Regifter, which fhall be kept by him for the Parifh to which fuch Enrolment or Enrolments fhall belong; and fuch Clerk of the Peace fhall carefully examine each fuch Copy fo entered, and fhall (on fuch Regifter) certify that the fame is " a true " Copy," and fhall fign each Regifter on which any fuch Copy fhall be entered ; and every fuch Clerk' of the Peace fhall care- 33 fully examine all the Copies of Enrolments which he fhall have received as aforefaid ■, and if it fhould appear (from the progreffive Numbers oppofite to the fame) that the Number of fuch Enrolments fent from any Parifh be incomplete, or if it fhould appear that any of the faid Enrolments be not dated, or be not made or copied in the proper Form as aforefaid, or if it fhould appear (from the Copy of any Enrolment or Enrolments) that any Atteftation be miffing, or if fuch Clerk of the Peace fhall not have received from each and every Parifh either a Copy of fome Enrolment or Enrolments, or elfe a Notice as > aforefaid, then and in every fuch Cafe the faid Clerk of the Peace fhall give written Notice thereof unto the Regifter-keeper hereby directed to deliver or fafely tranfmit fuch refpeclive Paper 34 or Papers to fuch Clerk of the Peace, and the faid Clerk of the Peace fhall repeat fuch Notice as aforefaid, if the Cafe fhall re- quire it ; and every Clerk of the Peace aforefaid fhall and is hereby required carefully to preferve all fuch Regifters as afore- faid, and alfo carefully to preferve all Copies of any Enrol- ment or Enrolments, and likewife all Atteftations and Notices which fhall or may have been delivered to him, or to any other Clerk of the Peace, in purfuance of this A<5t ; and fuch Clerk of the Peace fhall keep the Copies of Enrolments which he fhall have received (and which he fhall have entered as aforefaid) in a Place feparate and apart from the faid Regifters, in order to pre- ferve the One, in cafe any Accident, by Fire or otherwife, fhould damage or deftroy the other; and all fuch Regifters, Copies, Atleftavions. I '3 ] £ narrations, ar.d Notices as aforefaid, fhall be fafely delivered to the Succeifor in O.iice of fuch Clerk of the Peace. CnD fee it CUViher GBttaftetJ by the Authority aforefaid, That at 35 every Election of any Knight or Knights of the Shire to ferve in .Parliament for any County aforefaid, the Clerk of the Peace aforefaid (hall, on the Day of the Election (and before the Hour of proceeding to the faid Election) fafely deliver unto the Sheriff for fuch County (at the Place of Election) the Regifters of Free- holders for all the Parifhes within fuch County, which fhall be kept, in purfuance of this Act, by fuch Clerk of the Peace as aforefaid ; which Regifters the faid Sheriff is hereby required care- fully to preferve, and fafely to deliver back unto the faid Clerk of the Peace, at the Place of Election, after the faid Election fhall be over. SntS, for the more effectually preventing fraudulent Votes being 36 given at any Election of any Knight or Knights of the Shire to ferve in Parliament for any County aforefaid, 1Be it fUttf)Ct CnafteD by the Authority aforefaid, That at every fuch Election the Sheriff of fuch County fhall, for the taking of the Poll, pro- vide, or caufe to be provided, for each Parifh within fuch County, a feparate Book (or feparate Paper) or feparate Books (or feparate Papers) of the Form fpecified in the Schedule hereunto annexed, N° 6 ; and at every fuch Election every Freeholder fhall give his Vote at lbme Poll Book (or Paper) provided for the Parifh to which fhall belong the Regifter of Freeholders wherein the Eftate #s% in virtue of which fuch Freeholder fhall claim a Right to vote, fhall have been registered as aforefaid. 3liB be it further OBnaftCD by the Authority aforefaid, That ^ from and after the faid Day of One thoufand Seven hundred and no Sheriff, or other Per- fon, who fhall by Law be authorized to take the Poll at any fuch Election as aforefaid, fhall have any judicial Power or Authority whatfoever, to determine the Right of voting of any Perfon, who "fhall tender his Vote at fuch Election ; but every fuch Sheriff or other Perfon authorized to take the Poll at any fuch Election as aforefaid, fhall, from and after the faid Day, aft merely officially (or minifterially) in the taking of fuch Poll, that is to fay, he fhall and is hereby required to receive the Vote of every Perfon who fhall tender his Vote at the proper Poll Book (or Paper) as aforefaid, and who fhall take either of the refpective Oaths above directed to be adminiftered at fuch County Election, and who ,» D fhall * t H 3 tfhall alfo take any other fuch refpective Oath or Oaths as fhall, by any Act or Acts of Parliament then in Force, be directed to be adminiftered at fuch Election, and no Scrutiny fhall be granted at any fuch Election j but every Sheriff or other Perfon authorized- to take the Poll at fuch Election as aforefaid fhall forthwith (upon the Conclufion of the faid Poll) return fuch Perfon or Perfons as a Knight or Knights of the Shire to ferve in Parlia- ment, as mall have been elected by the Majority of Votes taken at fuch Poll as aforefaid ; and every Perfon who fhall by Law be authorized to take, or to affift in taking, the Poll at any fuch Election as aforefaid, is hereby empowered and required to admi- ttifter the faid refpective Oaths. 39 3nB t)C it fltttbet Cnaftetl by the Authority aforefaid, That if any Perfon fhall vote, at any Election of any Knight or Knights of the Shire to ferve in Parliament for any County aforefaid, in virtue of any Eftate which fhall not be a Freehold Eftate, or without actually having in fuch Eftate a Freehold In- tereft, or without being of the full Age of Twenty-one Years, ;fuch Perfon fhall forfeit the Sum of of lawful Money of Great Britain to any Candidate for whom fuch Perfon fhall not have voted at the faid Election, and who fhall firft fue for the faid Forfeiture ; but if no fuch Candidate fhall fue for •the faid Forfeiture within Calendar Months after the Offence fhall have been committed, then the faid Forfeiture fhall go to any Perfon or Perfons who fhall fue for the fame. 4.0 3ttB t)C it further Cltafteu by the Authority aforefaid, That from and after the faid Day of One thoufand Seven hundred and the Oath com- monly called The Returning Officer's Oath, prefcribed by an Act made and paffed in the Second Year of his late Majefty King George the Second, intituled "An Acl for the more effectual pre- " "uniting Bribery and Corruption in the EleBions of Members to " ferve in Parliament," fhall not be adminiftered at any Election of any Knight or Knights of the Shire to ferve in Parliament for any County aforefaid. 4«i SilO be it further €naftcO by the Authority aforefaid, That from and after the laid Day of One thoufand Seven hundred and the Oath commonly called The Freeholder's Oath, prefcribed by an Act made and paffed in the Eighteenth Year of his late Majefty King George the Second, intituled " An Aft to explain and amend 41 the [ '5 ] f* the Laws touching the Elections of Knights of the Shre to ferve in " Parliament f 07- that Part of Great Britain called England '," fhall not be adminiftered at any Election of any Knight or Knights of the Shire to ferve in Parliament for any County aforefaid. SntJ fee it further CnafteD by the Authority aforefaid, That 42 from and after the faid Day of One thou- fand Seven hundred and the Aft made and pafled in the Third Year of His prefent Majefty King George the Third, intituled, " An Ac! to prevent fraudulent and occafional Votes in the tl Elections of Knights of the Shire, and of Members for Cities and " Towns which are Co unites of themf elves, Jo far as relates to the " Right of voting by virtue of an Annuity or Rent Charge," fhall be and is hereby repealed, as far as the faid Aft relates to the Election of any Knight or Knights of the Shire to ferve in Par- liament for any County aforefaid. Snts be it further €na&CQ by the Authority aforefaid, That 43 from and after the faid Day of One thou- fand Seven hundred and the Aft made and palled in the Twentieth Year of His prefent Majefty King George the Third, intituled, " An AEl to remove certain Difficulties relative to he it flirtijer (SnaftCD by the Authority aforefaid, That 57 in cafe of the Illnefs or Abfence of any fuch Clerk of the Peace as aforefaid, the lawful Deputy of fuch Clerk of the Peace is hereby empowered and required to act as fuch with refpect to all Matters and Things by this Acl directed to be done. '£>" SSntJ he it further CnactCD by the Authority aforefaid, That 5R all fuch neceflary Expences as fhall or may be incurred by the Sheriff of any County aforefaid, or by any fuch Clerk of the Peace [ 2° ] Peace as aforefaid, in or by the carrying of this Act into Execu- tion, fhall be borne and defrayed by fuch refpective County out of the County Rate, as alfo all other reafonable Charges which ihall be made by any fuch Clerk of the Peace, on account of the Trouble which he lhall or may have had in the carrying of this Act into Execution, and the Amount of fuch Expences or Charges fhall be fettled and allowed by the Juftices at any Ge- neral Quarter Sefiions of the Peace ; and in fuch of the Counties aforefaid in which there are or mall hereafter be feparate and diftinct Rates for different Ridings or other Divifions of fuch Counties reflectively, thefaid Expences or Charges fhall be borne and defrayed out of fuch refpective Rates, in fuch refpective Shares and Proportions as fuch refpective Ridings or other Divi- fions of fuch County fhall then pay (or fhall then laft have paid) towards the Land Tax of fuch County. 59 9ntl ue it fUttljcr dEnafteO by the Authority aforefaid, That all Forfeitures aforefaid, by this Act to be incurred, fhall and may be fued for and recovered by Action of Debt, Bill, Plaint, or Information, in any of His Majefty's Courts of Record at Weftminfter, wherein no Effoign, Protection, Wager of Law, or more than One Imparlance, fhall be allowed, and in every fuch Action the Party againft whom Judgment lhall be given (whe- ther Plaintiff or Defendant) fhall pay the of Suit ; and every fuch Action or Profecution as aforefaid fhall be brought or commenced within Three Years after the Offence committed, and not afterwards ; and the Perfon againft whom any fuch Action or Profecution fhall be brought or commenced fhall be 60 legally ferved, within the Time aforefaid, with the Writ or Pro- ceis by which fuch Action or Profecution fhall be intended to be commenced, unlefs the Service of fuch Writ or Procefs fhall have been prevented by fuch Perfon's abfeonding or withdrawing out of this Kingdom ; and every Action or Profecution which fhall be brought or commenced as aforefaid fhall be carried on with- out wilful Delay. 61 3ltfJ be it further ClISftCD by the Authority aforefaid, That if any Regifter- keeper, authorized and required by this Act to make Enrolments in any Regifter of Freeholders for any Parifli, jfliall wilfully refufe to enrol therein as aforefaid the Name of any Perfon who fhall (in any of the Ways hereinbefore pre- jfcribed) make Application to have his Name fo enrolled, then and in fuch Cafe, on Oath being made before fome Juftice of the Peace for the County in which fuch Pariffi fhall lie (who fhall re fide [ « ] xefide in, or near unto, or next unto, fuch Paiifh) that Applica- tion (in One of the Ways before prefcribed) had been made to iuch Regifter-keeper as aforefaid, to make fuch Enrolment, and that iuch Regifter-keeper had refufed fo to do, it mall be lawful 62 for fuch Juftice, and he is hereby required, to fumtnon fach Re- gifter-keeper to appear before him, and to {hew Came why he did fo refufe to make fuch Enrolment ; and if fuch Regifter-keep- er fhall not fhew to fuch Juftice that iuch Refufal did proceed from Jllnefs, fudden Accident, or other Caufe juftifiable by this A6r, or if fuch Regifter-keeper, being duly fummoned as afore- faid, fnall refufe or negleft to obey fuch Summons, fuch Juftice fhall, by Warrant under his Hand and Seal, caufe the Sum of of lawful Money of Great Britain to be levied on the Goods and Chattels of the faid Regifter-keeper ; and in cafe fuch Juftice fhall grant fuch Warrant as aforefaid, fhall moreover be lawful for fuch Juftice, and he is hereby re- quired, to order fuch Regifter-keeper forthwith to make fuch Enrolment, or to caufe the fame to be made as aforefaid j and if fuch Regifter-keeper fhall not obey fuch Order, fuch Juftice, 63 or any other Juftice of the Peace for fuch County (upon fuch Facl being proved to him upon the Oath of any Two or more credible Witneffes) fhall, by Warrant under his Hand and Seal, caufe the further Sum of of lawful Money of Great Britain to be levied by Diftrefs on the Goods and Chattels of fuch Regifter-keeper fo difobeying fuch Order ; and the faid Sum or Sums fo levied (the reafonable Cofts and Charges of levying the fame being thereout firft paid and fatisfied) fhall refpe&ively go and be paid to the Perfon who fhall have been refufed to be en- rolled as aforefaid : Provided always, that if the Perfon making fuch Application to fuch Juftice, or if the faid Regifter-keeper ihall think himfelf aggrieved by any Determination of fuch Juf- 64 tice, it fhall and may be lawful for the Perfon fo thinking himfelf aggrieved to appeal to the next General Quarter Seffions of the Peace to be holden for fuch County, or for that Riding or Biviiion of fuch County in which fuch Parifh fhall lie, by giving Four- teen Days Notice in Writing to fuch Juftice, and to the other Perfon concerned in fuch Determination, of fuch his Intention to appeal, if there fhaH' be fufficient Time for that Purpofe, and if there fhall not be fufficient Time, then, by giving the like Notice of his Intention to appeal to the next fubfequent General Quarter Seffions of the Peace to be holden as aforefaid, and from the 65 Time of giving fuch Notice all Proceedings relative to the Exe- cution of the faid Warrant or Warrants (if the Cafe fhall fo be) ihall ftop ; and the Determination of the juftices at the faid Ge- F neral [ « ] •neral Quarter Sefiions to which fuch Appeal (hall be made as aforefaid, mail be final and conclufive; and fuch Juftices may order fuch Cofts to be paid by either of the faid Parties to the other, as the faid Juftices (hall think proper ; but no Determina- tion of the faid Juftices on any fuch Appeal mail extend, or be conftrucd to extend, to preclude any Perfon who fhall have been fo refufed to be enrolled, from making a frefh Application to have his Name enrolled as aforefaid, or from having the like Remedy in cafe of a frefh Refufal. 66 3nu be it furtljcr (ZSnaftca ant) iDedateu by the Authority aforefaid, That nothing in this Act contained fhall extend, or be conftrued to extend, to prevent any Freeholder under the Age of Twenty-one Years, and above the Age of Eighteen Years, or to prevent any unmarried Woman or Widow, from being enrolled in any Regifter of Freeholders aforefaid, provided fuch Perfon fhall have a Freehold Eftate within the true Intent and Meaning of this Act, and provided fuch Perfon fhall (in any of the Ways above-mentioned) make Application for the Enrolment to be made ; but every fuch Perfon fhall be as fully entitled to be en- rolled, and fhall, in cafe of a Refufal as aforefaid, have the fame Remedy or Remedies as any other Freeholder. 67 3ntJ be it futtbet CnafteO by the Authority aforefaid, That if any Perfon taking any Oath or Affirmation, by this Act au- . thorized or required to be taken or made, fhall thereby commit wilful Perjury, or be guilty of falfe Affirmation, or if any Per- fon fhall unlawfully procure or fuborn any Perfon to take any Oath or Affirmation, by this Act authorized or required to be taken or made, whereby fuch Perfon fhall commit wilful Perjury, or be guilty of falfe Affirmation, every fuch Perfon, on being duly convicted of any fuch Offence, fhall 68 3nD be it furtber (ZEnaScrj by the Authority aforefaid, That if any Perfon, from and after the palling of this Act, fhall wil- fully deftroy, or caufe or procure to be deflroyed, or fhall aid or affift in deflroying, any Regifter of Freeholders for any Pa- rifli, or any Copy of any Enrolment or Enrolments, which Copy fhall have been received as aforefaid by any Clerk of the Peace, or any Regifter of Freeholders, which fliall in purfuance of this Act be kept by any Clerk of the Peace, or any Part of any fuch Copy, or of any fuch Regifter as aforefaid ; or fhall wilfully erafe ox falfely alter, or cauie or procure to be erafed or falfely altered, any Enrolment or Enrolments, or any Part of any Enrolment ox [ n ] or Enrolments, in any fuch Copy, or in any fuch Regifter as aforefaid ; or fliall wilfully infert, or caufe or procure to be infert- 69 ed, in any fuch Copy, or in any fuch Regifter as aforefaid, any counterfeit or fictitious Enrolment or Enrolments ; or {hall forge or counterfeit any fuch Copy, or any fuch Regifter as aforefaid, or any Part of any fuch Copy or of any fuch Regifter j or fhall forge or counterfeit any Notice, Receipt, Oath, or Atteftation, aforefaid, or fliall forge or counterfeit the Name of any Perfon, which fhall or which may, in purfuance of this Act, be figned to any Enrolment or Enrolments, or to any Copy, Regifter, Notice, Receipt, Oath, or Atteftation aforefaid, every Perfon fo offending, and being thereof lawfully convicted, fliall 8n0 tofjCtCaS it would be expedient that every Regifter of 70 Freeholders, which fliall be kept in purfuance of this Act for any Parifli, fhould at all feafonable Times be acceflible to every Freeholder as aforefaid, who may apply to have his Name en- rolled in fuch Regifter of Freeholders, IBz it therefore furthet CnaftCtJ by the Authority aforefaid, That every fuch Regifter of Freeholders fhall always remain in or near the Parifh to which the fame fhall belong, and fliall be in the Cuftody of the Regifter-keeper of the Parifli for the Time being ; and every Copy of any Enrolment or Enrolments in any iuch original Regifter of Freeholders as aforefaid, which fhall be proved upon Oath to be a true and correct Copy, by any Perfon who fliall have carefully examined the fame, fnall be deemed legal Evi- dence of fuch Enrolment or Enrolments, without fuch original Regifter of Freeholders as aforefaid being produced; and if in ji any Cafe no fuch Copy, examined with the original Regifter of Freeholders, and proved upon Oath to be a true and correct Copy as aforefaid, fhall be produced, then and in fuch Cafe the Copy of any Enrolment or Enrolments which fliall have been received by any Clerk of the Peace as aforefaid, fhall be deemed the next beft Evidence of any fuch Enrolment or Enrol- ments ; and if no fuch Copy fo received by the Clerk of the Peace as aforefaid fliall be produced, then and in fuch Cafe the Regifter of Freeholders (of the Form fpecified in the Schedule hereunto annexed, N° 1) which fliall be kept by fuch Clerk of the Peace in purfuance of this Act, fhall be deemed the next beft Evidence of any fuch Enrolment or Enrolments as aforefaid : Provided always, that nothing herein contained fhall extend, or lie conftrued to extend, to prohibit the producing of any original -Regifter of Freeholders, upon a Charge being brought of any "undue [ 2 4 1 undue Practice or Practices in refpect of fuch original Regifter itfelf. 72 3nD tohCCCaS Doubts may arife, whether certain Diftricts ought or ought not to be deemed and confidered as feparate and diftinct Parifhes, within the true Intent and Meaning of this Act : 3n& tUtJCteaS it is expedient to prevent iuch Uncertainty : IBC it tfretC- fore further CnaftCD by the Authority aforefaid, That the Com- mifhoners of the Land Tax within every County in that Part of Great Britain called England, and in the Dominion of Wales, fhall, on the Day of One thoufand Seven hundred and (and between the Hours of Ten and Eleven in the Forenoon) and they are hereby required to meet within each County refpectively, at the Place where the Election of the Knight or Knights of the Shire to ferve in Parliament for the County was held at the laft General Elec- tion ; and the Sheriff for each County refpectively fhall, at 73 leaft Fourteen Days previous to the Day of the faid Meeting, fend written or printed Summons to the faid Commiffioners, to attend fuch Meeting, fpecifying in fuch Summons the Time, Place, and Purpofe of fuch Meeting ■, and the faid Sheriff fhall attend the faid Meeting, and fhall prepare and produce to the faid Meeting a complete Lift or Lifts of all the Parifhes within fuch County ; and the Clerk of the Peace for the faid County, or for any Riding or Divifion of the fame, fhall alio attend the faid Meeting, and fhall likewife prepare and produce to the faid Meeting a complete Lift or Lifts of all the Parifhes within fuch County, Riding, or Divifion ; and it fhall and may be lawful for the faid Commiffioners, or the Majority of them, who fhall be prefent at fuch Meeting, and they are hereby required, to fet- 74 tie and finally to determine any Queftion that may arife, whether any particular Diftiict is or is not a feparate and diftinct Parifh, within the true Intent and Meaning of this Act ; and the faid Commiffioners are hereby required to make out, or in their Prefence to caufe to be made out, a complete Lift of all the fe- parate and diftinct Parifhes within the County ; and the faid Lift fhall be figned by the Sheriff of the County, in the Pre- fence of the faid Commiffioners ; and the faid Lift fhall be kept and preferved amongft the Records of the County ; and the faid Sheriff fhall caufe the faid Lift of Parifhes to be publiihed in the '.' London Gazette:" Provided always, that if any Parifh, in any County aforefaid, fhall be divided into different Tovvnlhips, Parochial Chapelries, or other Diftricts, having feparate Church- 75 wardens, or having other feparate Officers to execute the Duty ■of C =5 ] of Churchwarden, then and in fuch Cafe it fhall and may be lawful for the faid Commiffioners, at fuch General Meeting as aforefaid (if they fhall judge that it will be more convenient to the Freeholders of the faid Townfhips, Parochial Chapelries, or other Diftricts) to appoint the faid Townfhips, Parochial Chapel- ries, or other Diftricts, or any of them, to be feparate and diftinct Parifhes, within the true Intent and Meaning of this Act, but for no other Purpofe; and in cafe of fuch Appointment being made by the faid Commiffioners, the faid Commiffioners fhall, and are hereby required, to caufe the Names of the faid Townfhips, Parochial Chapelries, or other Diftricts, to be in- ferted in the Lift of Parifhes aforefaid. 3llD tuhcrcag it is highly expedient that the faid Regifler- 70* keeper fhould always be one of the fufficient Inhabitants of the Parifh, and a Perfon well qualified to execute the Duty which by this Act he is directed to perform : 3l1tJ tohcrca.S it is expedient that the faid Regifler of Freeholders fhould not pafs frequently into the Hands of different Perfons, but fhould remain in the Cuflody of the fame Regifter-keeper : 15c it tfjCtCfOrC flirtfjec <2Enaft£33 by the Authority aforefaid, That as foon as the com- plete Lift of Parifhes fhall (in each of the faid Counties reflec- tively) have been made out by the Commiffioners of the Land Tax, at fuch General Meeting as aforefaid, the faid Commiffioners fhall and are hereby required to determine whether they fhall proceed forthwith (at fuch General Meeting) to make the Ap- pointments hereinafter mentioned, or whether they fhall proceed -jy forthwith to divide the faid Lift of Parifhes into different Lifts, for different Parts or Divifions of the County ; and if the faid Commiffioners fhould determine to form different Lifts of Pa- rifhes as aforefaid, the faid Commiffioners fliall then decide what fhall be the Number of fuch Lifts, and fhall make out, or in their Prefence caufe to be made out, the faid refpective Lifts of Pa- rifhes in the Manner that they fliall judge the molt expedient, and the faid different Lifts (if fuch there be) fhall be figned by the Sheriff of the County, in the Prefence of the faid Ccmmif- fioners ; and the faid Lifts fliall be kept and preferved amengft the Records of the County ; and the faid Sheriff fhall caufe the faid refpective Lifts of Parifhes (inftead of the Lift of Parifhes aforefaid) to be publifhed in the " London Gazette;" and each and -3 every of the aforefaid Determinations of the faid Commiffioners reflectively fhall be final and conclufive; and in thofe Counties wherein different Lifts of Parifhes fhall be made out as aforefaid, G the [ 26 ] the faid Commiffioners fhall hold feparate Meetings for the fepa- rate Diftricls comprized in the refpeclive Lifts of Parifhes afore- faid ; and the faid Commiflioners fhall appoint the Times and Places when and where the faid refpective Meetings fhall forth- with be holden, and fhall adjourn themfelves to the fame reflec- tively ; and it fhall and may be lawful for the faid Commiflion- ers (at fuch General Meeting or other Meetings as aforefaid, as the Cafe may be) and they are hereby required to nominate and appoint, for each Parifh contained in the Lift of Parifhes afore- 79 faid, or in the refpefrive Lifts of Parifhes aforefaid (as the Cafe may be) a proper Perfon as a Regifter- keeper, who fhall be wil- ling to be fo appointed, and likewife a proper Perfon as Regifter- keeper-elecT:, who fhall be willing to be fo appointed ; and every Perfon who fhall, as aforefaid, be appointed Regifter- keeper by the faid Commiflioners is hereby required to act as fuch ; and every Perfon who fhall, as aforefaid, be appointed Regifter-keeper-elecT: by the faid Commiflioners is hereby empowered and required to acT: as Regifter- keeper, in cafe of the Death, Illnefs, or Abfence of the Regifter-keeper himfelf ; and the faid Commiflioners .are hereby required, in the appointing of any Perfon as the Regifter- keeper (or as the Regifter-keeper-elec~t.) of any Parifh, to attend that the Perfon fo to be appointed do not refide any Part of the Year at an inconvenient Diftance from fuch Parifh, and that fuch Perfon be duly qualified to execute the Office of Regifter- keeper in purfuance of this Acl. So 3n0 tofjcrcasi there may be Parifhes fo fmall, fo fituate, or fo circumftanced, as to render it inexpedient for a feparate and di- ftincT: Regifter-keeper (or Regifter-keeper-ele<5l) to be appointed for each and every fuch Parifh ; IBt it therefore further CnafteD anU IDecIarCD by the Authority aforefaid, That it fhall and may be lawful for the faid Commiffioners of the Land Tax to ap- point the fame Perfon as the Regifter-keeper (or as the Regifter- keeper-elecT:) for any Two or more adjoining or adjacent Pa- rifhes, if the faid Commiffioners fhall judge that it be expedient fo to do : Provided always, that both a Regifter-keeper and a Regifter-keeper-elecT: fhall be appointed for each and every Pa- rifh aforefaid. 8 1 3ntJ be it further €nafte5 by the Authority aforefaid, That the faid Commiffioners of the Land Tax, or (if at any Time there be no Land Tax granted and affeffable) the Perfons who fhall laft have been Commiffioners of the Land Tax in each County [ 2 7 ] County refpectively, (hall and are hereby required to afi'emble at fuch General Meeting, or at fuch other Meetings as aforefaid (as the Cafe may be) Twice in every Year, videlicet, on the Day of and on the Day of in each Year, if fuch Day be not a Sunday, and if any fuch Day be a Sunday, then on the Day following : And the faid Commiflioners are hereby required, at fuch refpedtive Meetings as aforefaid, to no- minate and appoint other Regifter-keepers (or.otherRegifter-keep- ers-elect) in the Room of thofe who may have died, or who may be defirous to refign their Office, or whom the faid Commiflioners may think proper to difmifs ; but the faid Commiflioners are 82 hereby required not to change the faid Regifter-keeper (or the faid Regifter-keeper-elect) without fufficient Caufe, of which the faid Commiflioners are hereby fully and finally empowered to judge ; and the faid Commiflioners, at every General or other Meeting as aforefaid (as the Cafe may be) fhall appoint One of the Commiflioners prefent to prefide at the faid xMeet- ingj and in cafe of Equality of Voices on fuch Queftion, the fame fhall be determined by Lot ; and the Commiflioner who fhall be appointed to prefide at any fuch Meeting, mail have, in any Cafe of Equality of Voices, a double (or the carting) Voice ; and all Appointments made, or Refolutions come to, by the faid Commiflioners, in purfuance of this Act, mail be entered in a Book, and fhall be figned by the Commiflioner who fhall prefide at fuch General or other Meeting as aforefaid; and it mall and 83 may be lawful for the faid Commiflioners to adjourn any fuch General or other Meeting as aforefaid, from Place to Place, as they fhall judge raoft expedient ; and if (from there being no Commiflioners or Commiflioner prefent, or from Want of Time, or other Caufe) the faid Commiflioners at any fuch Meeting as aforefaid fhall not do or complete all the Bufinefs which is by this Act. directed to be done, the faid Meeting fhall be adjourned to fome Day not later than the Eighth Day from the Day of fuch Meeting : And it fhall and may be lawful for the faid Com- miflioners, at any fuch General or other Meeting as aforefaid, to direct their Precept to fuch Parifh Officers, or other Inha- bitants of any Parifii or Parifhes within their refpeclive Jurif- dictions as aforefaid, as they fhall think proper, directing fuch Perfon or Perfons to appear before the faid Commiflioners at any Meeting to be holden at any Time, not later than the Day after the Date of fuch Precept ; and if any S± fuch Parifh Officer, or other Perfon as aforefaid, fhall refufe or neglect to attend fuch Meeting, without lawful Excufe, to be proved [ 28 ] proved on the Oath of Two Witnefles (which Oaths the faid Commiffioners are hereby authorized to adminifter) fuch Perfon fliall forfeit to the Overfeer or Overfeers of the Poor for the Pariih, and for the Relief of the faid Poor, any Sum that the faid Commiffioners mail think fit, not exceeding and the faid Commiffioners (at the faid Meeting, or at the next fubfequent Meeting) fliall determine whether the Excufe (if any) be fufficient, and if not fufficient, then what fuch For- feiture mall be; and the faid Commiffioners, at the faid Half Yearly Meetings, are hereby required to make ftrict. Enquiry, whether any Regifter-keeper (or Regifter- keeper-elect) fliall re- fide at an inconvenient Diftance from his refpective Parifli, or fhall be dead, or fliall have become incapable of executing the Duty of his Office: And the faid Commiffioners fliall caufe the 85 Name of every Perfon who fhall be by them appointed the Re- gifter-keeper (or the Regifter-keeper- elect) of any Parifh (toge- ther with the Addition, Profeflion, or Trade, and the ufual Place of Abode of fuch Perfon) to be forthwith notified in Writing unto the Clerk of the Peace for the County, or for the Riding or Divifion of the fame to which fuch Pariih fliall belong (as the Cafe may be) and alfo unto the Churchwarden or Churchwardens of fuch Parifh : Provided always, that in cafe of the Death, III— nefs, or Abfence, both of the Regifter-keeper and of the Regif- ter-keeper-elect of any Parifli, or in cafe (from any Omiffion or Neglect of the faid Commiffioners, or from any other Caufe) there fliall be no Perfon who ftiall have been appointed either Re- gifter-keeper or Regifter-keeper-elect, for any particular Parifli contained in the Lift or Lifts of Pari flies aforefaid, then the Churchwarden or Churchwardens of fuch Parifh is or are here- by empowered to act as the Regifter-keeper of the faid Parifh, and fuch Churchwarden or Churchwardens is or are hereby re- quired to act as fuch, until there fliall be a Regifter-keeper or a Regifter-keeper- elect to act as aforefaid. 86 anu be it further (ZBnafteti anu Declarer) by the Authority aforefaid, That nothing in this Act contained fhall extend, or be conftrued to extend, to repeal or to alter the Act made and paffed in the Twentieth Year of His prefent Majefty King George the Third, intituled, " An Ac! to remove certain Difficulties relative to " Voters at County Ekclions," fo far as the fame relates to the Election of any Member or Members to ferve in Parliament for the Borough of Cricklade, in the County of Wilts, or to repeal or to alter any of the Laws now in Force, or any Part thereof, fo far as the fame relate to the Election of any Member or Mem- bers [ 29 3 hers to ferve in Parliament, either for the Borough of New Shore- ham, in the County of Suffix, or for the Borough of Cricklade, in the County of Wilts ; but that all and every of the faid Laws, and every Part thereof, fo far as the fame relate to the Qua- lification of Voters for the faid Boroughs, or for either of them, $j ihall remain and continue in Force, to all Intents and Purpofes, as if this Aft had not been made. H N 4 i. [ 3° ] w o u CO W (L) O -5-2^" ■*-• *-• *-> : *** - s CO ° c rt CJ H C* — . . _ vj o U S-i S-4 J O 4-> "T3 O j-i 5 3 ° O "3 u ft w ri 4-* OJ (J CL, fo .2 £1° fe ••a Oh — o cl> rt *C ^ O -C CJ "H ^j H CO t— 1 '-■ S *-• O O o .5 u £ rt *-^.t! 3 fe o cc fa rf ^3 4* £ CM 2 CJ <" h0 <\j CO £* 2 <5 CJ.2 Oh ^ O rC CJ -C - -C 8 (L) a o ._ k. 5-1 B QhU fe fe ,c c -a ° _ , c <£ ^ &> <±J S-i _ 4J >-; o _. .*! bO o CL..2 •<* CJ '— CJ T3 <3 P4 ■iv. CJ ^" -q> Cop ^ .2 "o fe 1 rt O p. -v. • CJ >. o i o CO Enrolment made by or in the Prefence of me Year, Month, and Day of the Enrolment. Name of fome Occupier of the Freehold Lands or Mefluage. Nature and Defcription of the Freehold Eftate.— And if it beon any Life or Lives, then fpecifying whetherit beon hisownl.ife^rontheLifeof C.D. or on the longed of the LivesofE.F. and G.H.&c. or on the (hotted of the Lives of K.L.andM.N.&c. Freeholder " prejent " or " abfent " at the Time of Enrolment. Freeholder's ufual Place of Abode.— And if it be in a Town conn/ring of more Streets than one, fpecifying in what Street. Freeholder's Addition, Profeflion, or Trade. Freeholder's Chriftian Name and Surname. Vrogreffive Number of the Freeholder's Enrulment. ^, o "»» • « ^•5^ Ho Paper nearly fo ines are py of th Roman fe 5^^^ ~§ ° 8~Q s? *3 « k ?» •?* *» »T ^ H ^S <5 -is S « ^0 S § ^ ^ of lar from d Lit d Reg r— 1 be made Hfances ch rule, eeholder the fai S^fe ^ 5! •»1 |^8I s; ■»> ** "v> J &a rm, a y and near Regijl fame 1j •** ■vi ve Fo prope, on or fuch of the i? ss •?> 3? ^•s^ " "^ ^ o • ^ "^ fe Vc* & Q ^ , -ts ^ -c ""S "^ ^ S o ^. <-> ^ - t -' M: •^3 vj >-. , ^ ^ Q 12 "O ^^ s » P. Q/' ** Juftices of the Peace for the County of J [or, if the Freehold Ef ate confijl of an Office, then the Defer iption of the fame fliall be as follows i videlicet] " Office of [fpecifying the faid OJfice ; and if the faid Ofce Jhatt be on any Life or Lives, then fpecifying whether the lame be on his own L'fe, or on 95 the Life of C. D. or on the longefi of the Lives of E. F. and G. H.. &c. or on the JloorteJl of the Lives of K. L. and M. N. &c] " the M Profits of which illue (wholly or m Part) out of * [fP ec ify : ' n s [ 34 ] \fpeclfyhig fome Lands or Mejfuage out of which the Profits of fitch Office Jhall i/fue] " in the Occupation of [fpecifying the Name of fome Occupier of the faid Lands or Mejfuage] " Witnefs my Hand, this Day of •' One thoufand hundred and "A. B." '« Already enrolled in the Regifter of Freeholders for the Parifh. " of N° ' [fpecifying the faid Pari/Jj or Parifhes, and the progrejfive Number or progrejfive Numbers of fuch former Enrol - ment or Enrolments, if the Cafe jhall fo be.] ' The faid Oath was taken and fubfcribed, on the Dayi " and Year aforefaid, before me, P. Q^ One of the > P. Q/' *' Ju dices of the Peace for the County of J 06 [or, if the Freehold Fflate confifi of an Annuity or Rent Charge, then the Defription of the fame /hall be as follows ; 'videlicet] "an Annuity or Rent Charge;" [and if the faid Annuity or Pent Charge be on any Life or Lives, then fpecifying whether the fame be on his own Life, or on the Life of C. D. or on the longeji of the Lives of E. F. and G. H. &c. or on the fiortetl of the Lives of K. L. and M. N. &c] " ifTuing entirely out of a Free- " hold Eftate, confiding of " [dfcribing all the Lands and tenements out of which fuch Annuity or Rent Charge /hall j/fue] " fituate wholly in " [fpecifying the Pari/h or Place, Paripes or Places] *' in the County of " belonging to " [fpecifying the Name of fome Owner of fuch Lands or Tenements] " whole ufual Place of " Abode is at [and if it be in a Town confifling ef more Streets than one , fpecifying in what Street] " in the County of 07 " and in the Occupation of " [fpecifying the Name of fome Occupier of fuch Lands or Tenements.] " Witnefs my Hand, this Day of One thoufand hundred and " A. B." ** Already enrolled in the Regifter of Freeholders for the Parifh « of N° " [fpecifying the faid Parifi or Parifhes, and the progreffive Number or progreffive Numbers cf fuch former Enrolment or Enrolments, if the Cafe Jhall fo be] " The faid Oath was taken and fubfcribed, on the DayT " and Year aforefaid, before me, P. Q^_ one of the > P. Q/' c( Tuftices of the Peace for the County of J [ 35 J N° 4. 98 SCHEDULE Referred to by this AB, fating the Form of the " OATH" to be •written (or printed) at the End of the Attefaiion, N" 3, in cer- tain Cafes mentioned in the f aid AB. *' FDo folemnly fwear," [or, being one of the People called Quakers, " I do folemnly affirm] " That my Name is R . S. and that I am " " \fpecifying the Addition, ProfeJJion, or "Trade offuch Perfon] " and that the ufual Place of my Abode is at " [and if it be in a Town conffting of more Streets than one, fpecifying in what Street} " in the County of " and that the above Atteftation does, to the " beft of my Knowledge and Belief, come from A. B. the Perfon '* therein mentioned. Witnefs my Hand, this Day of " One thoufand hundred and R. S.* " The faid Oath was taken and fubfcribed,! " on the Day and Year aforefaid, be- 1 tit* " fore me, T. U. one of the Juftices off * *' the Peace for the County of * N- 5. [ 36 ] 99 N° 5. SCHEDULE Referred to by this Ac~l, fating the Form of the "NOTICE." " ][ A. B. the Regifter-keeper of the Regifter of Freeholders " for the Parifh of in the County of y do hereby give Notice to the ?' Clerk of the Peace for the County of " that the progreffive Number oppofite to the lafl Enrolment " entered in the faid Regifter of Freeholders is [fpecifying the faid Number'] " and that the Day "of 17 . . is the Date of the faid lafl Enrolment. " Witnefs my Hand, this Day of One ■** thoufand hundred and " A. B." K a 6. w rSfe i%b ^ "€i? w w %? & & # $ @ $ $ & ® # # $ $& & g | €3 g$ n ® sg; $ $ $£ $ • • $ 9 g BILL FOR Making the Eflates of fuch Perfons as are Bankers only, within the Cities of Lojidon and Wejlmiitfler^ and within a certain Diftance thereof, liable to the Payment of their own and Partnership Debts ; and for preventing certain Bankers from dealing in Goods, Wares, and Merchandize ; and for regu- lating the Manner ol iffuing Bankers PromifTory Notes ; and for inflicting further Punifhment on Clerks to Bankers, who {hall embezzle Money or Effects. Note. — The Figures in the Margin denote the Number of the Folios in the Written Copy. 3l$#$$s ID € JR. <& 3 % the Support of Credit in a corn- 's? mercial Country is an Obiecl of great National 7**ft (fife • ^ W 2, Concernment ; and it is apprehended that the ^s^fejfeS State of Credit in this Kingdom would be be- WWwW nefited> in Cafe thc preshold and Cuftomary or Copyhold Efbates of Perfons dealing as Bankers were, under due Regulations and Reftri&ions, made liable to the Payment of their Debts of every Denomination ; and inafmuch as A Debts L »•"] Debts due from or contra&ed by them, in their Way of Bufi- nefs as Bankers, do not by Law create fuch an exprefs Lien or Charge upon Freehold Eftates as will bind the Heir for the Debt of the Anceftor ; nor are Cuftomary or Copyhold fi- liates liable at Law, or in. Equity, to the Payment of fuch "Debts : SllD tUiJCrCag the Bufinefs of Bankers is frequently car- ried on in Fartnerihip, and the Perfcns engaged in fuch Part- nership are only at Law jointly liable to the Payment of the Debts contracted in their Bufinefs of Bankers; and. in cafe of the Death of any of them, the Remedy which the Creditors of fuch Bankers have at Law, to inforce the Payment of the Debts due to them, is againil the Survivors or Survivor of fuch Partner, and not againil the Reprefentatives of fuch Part- ners or Partner : 9tlD in regard that it is highly reafonable arid expedient that thofe Perfons who, by intruding Money in the Hands of Perfcns dealing as Bankers, contribute to the Improvement of their Fortune and Eilates, Should have the moft effectual Secu- rity for the Suras fo intruded, upon or out of the real as well as perfcnal AfTets of fuch Banker or Bankers refpedtively ; May it therefore pleafe Your MAJEST Y, That it may be Enacted ; 5n0 t)C it CnafteS by the KIN G's moil Excellent Majefly, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament alTembled, and by the Authority of the fame, That from and immediately after each and every Perfon and Perfons engaged in any Partnership, in the iffuing of Notes, and keeping epen Shops, as Bankers, and following the Bufinefs of a Banker only, within the Cities of London and WcJlminjUr, or within thereof, his her, and their Heirs, Executors, and Administrators, fhall be liable to the Payment of all Debts contracted by fuch Part- nerfhip in the Courfe of their dealing as Bankers, and to the fame Remedies for the Recovery thereof, as if each and every fuch Perfon had Severally engaged for the Payment of fuch Debts. .-I 1 3 j glllll be it fUtt&Cr Cnaftell by the Authority aforefaid, Tint from and after all the Manors, MefTuages, Lands, Tenements, and Hereditaments, as well Cuftomary or Copyhold as Freehold, whereof any Perfon or Perfons now dealing, or who fhall or may at any Time hereafter deal as a Banker, in Manner aforefaid, fhall reflectively die feifed, or whereto he, the, or they mall be intitled at Law or in Equity, of or for any Eftate of Free- hold, which fhall not determine by the Death of fuch Per- fon reflectively, fo dealing as a Banker, or of or for any Eilate of Inheritance in Fee Tail, General or Special, or of or for an abfolute Eflate in Fee Simple, mall be, and the fame are hereby from henceforth made fubject and liable ■ to the Payment of all fuch Debts and Sums of Money as fhall at the Time of the Deceafe of fuch Banker be due and owing from him or her alone, or from him or her jointly with any Perfon or Perfons whomfoever, in fuch Manner and Form as if fuch Perfon dealing as a Banker had, at the Time of his Deceafe, an abfolute Power to dif- pofe of fuch Eftates by his Will, and had by his laft Will and Teftament in Writing,- duly executed by him, and at- tefled as by Law is required to pafs real Etates and Lands of Inheritance, deviled all fuch Eftates, Freehold, Copyhold, •or Cuflomaryhold, for the Payment of his Debts. !£U*ov)it!ct! aliuays, arm it 10 hereby Declares ana (Snafteo, That all the Perfonal and Real Affets and Eftates of fuch Perfon dealing as a Banker, fhall be firfl; applied in the Satisfaction of his Debts, and the Eftates of which he died feifed in Fee ■Tail, General or Special, fhall on'y be liable to make good -the Deficiency. Sntl, to the End that it may be publicly known who arc and fhall be deemed Bankers, within the true Intent and Meaning of this Act ; 15 g it fuTt&ei* GBtiafteD by the Au- thority aforefaid, That all fuch Perfons reflectively, who do or fhall, at any Time hereafter, deal as Bankers as aforefaid, within the Limits aforefaid, either alone or in Partnerfhip, mall caufe and procure their refpective Names to be registered in the Public Regifter Office for the County of Middlefex, by -the Regifter of the faid Office, or his Deputy, for the Time being, and who is hereby required to regifter the fame alpha- betically, in a Book to be kept for that Purpofe, expreillng -the Day of the Month, and Year, and Hour of the Day, when [ + 3 when fuch Regiftry is maSt ; and a true Copy of fuch Regif- try, iigned by the Regifter, or his Deputy, for the Time being, (hall be allowed in all Courts of Law and Equity as Evidence of the fame ; and the faid Regifter, or his Deputy, fhall be intitled for every fuch Regiftry to the Sum of and fhall permit and fuffer any Perfon or Per- fons, at all Times within the Office Hours of Attendance, 7 to perufe and infpedl the faid Book, on being paid for every fuch Perufal and Infpecticn and no more ; and that fuch Perfons only whofe Names fhall be regiftered as aforefaid, fhall, during fo long Time as their Names fhall continue to be regiftered, be deemed, conftrued, and taken to be Bankers, within the true Intent and Meaning of this Act. IprOuiOCO altuayg netiCrthClCft, That nothing herein con- tained fhall extend to hinder fuch Perfon or Perfons, who fhall difcontinue the Trade or Bufinefs of a Banker, from having his, her, or their Name or Names ftruck out of fuch Regif- ter, upon Application made to the faid Regifter, or his De- puty, for that Purpofe; who fhall immediately upon fuch Application ftrike his, her, or their Name or Names out of fuch Regifter, and figh and deliver to the Perfon applying, a S Memorial, containing the Name of the Banker defiring to be ftruck off the Lift, together with the Day of the Month, and Year, and Hour of the Day, when the faid Regifter fhall ftrike off the fame ; which Memorial fo figned fhall be al- lowed in all Courts of Law and Equity as Evidence, that the Perfon or Perfons, whofe Name and Names fhall be therein inferted, is or are ftruck off the Lift of -Bankers ; and the faid Regifter, or his Deputy, fhall be intitled for every fuch Me- morial to the Sum of IptCtiiDCD altoagS nCOertfjelefSs That the Real Eftates, Freehold, Copyhold, or Cuftomaryhcld, of all and every fuch Banker or Bankers, who fhall either die, or whofe Name or Names fhall be ftruck out of fuch Regifter as aforefaid, fhall not, by virtue of this Act, be liable to anfwer or fatisfy any Debt or Debts contracted during the Time his, her, or 9 their Name or Names continued upon fuch Regifter, unlefs a Claim fhall be made, and fome Suit or Action com- menced for the Recovery of fuch Debt or Debts, within Calendar Months next after fuch Banker or Bankers fhall die, or his, her, or their Name or Naitede fhall be ftruck out of fuch Regifter as aforefaid. ami [ 5 ] 3nD to the Intent His Majefly's Subjcds may not be op- prelTed by fuch Perfon or Perfons, who now do, or fhall at any Time hereafter, deal as Bankers, within the Limits afore- faid, either alone or in Partnerfhip, by their monopolizing or ingroffing any Sort of Goods, Wares, or Merchandizes; li?C It further (CnafteS by the Authority aforefaid, That fuch Perfon or Perfon?, who now do, oi fhall at any Time or Times hereafter, deal as Bankers, within the Limits afore- faid, either alone or in Partnerfnip, whofe refpective Name IO .or Names ihall be regiftered in Manner aforefaid, fhall not, at any Time or Times hereafter, deal or trade, or permit or ftifFer any Perfon or Perfons whatsoever, cither in Truft or otherwife, to deal or trade, with any of the Meek., Mo- nies, or Effects of, or any Way belonging to fuch Pinker or Bankers, in the buying or felling; of any Goods, Wares, •or Merchandizes whatfoever; and every Perfon or Perfons who fhall lb deal or trade, or by whofe Order or Directions fuch Dealing or Trading fhall be made, profecuted, or ma- naged, fhall forfeit icr every fuch Dealing or Trading the Value of the -Goods and Merchandizes i'o traded for, to fuch Perfon or Perfons who mall fue for the fame, by Action of Debt, Bill, Plaint, or Information, in any ot His Majefty's Courts of Record at •Weftmi?ijler ; wherein no Ellbign, Protection, nor other Privi- 1 1 lege whatfoever, nor any Injunction, Order, or Reitramt, nor Wager of Law, fhall be allowed, nor any more than One Imparlance. JpromuTB aIU)ap0, That nothing herein contained fhali be any Ways conllrued to extend to hinder fuch Perfon or Perfons, who now do, or ihall at any Time or Times hereafter, deal as Bankers, either alone or in Partnership, whofe respective Name- or Names fhall be duly regiftered as aforefaid, from dealing in Bills of Exchange, or in buy- ing or felling Bullion, Gold, or Silver, or in felling any Good?, Wares, or Merchandize whatfoever, which fhail re- ally and bona fide be left or depofked with fuch Banker or Bankers, for Money lent and advanced thereon, and which ftiall not be redeemed at the Time agreed on, or within Calendar Months after; or from telling fuch Goods as fhall 12 or may be the Produce of Lands purchafed or hired by fuch Banker or Bankers. b QrtD E «;] • Sltil iJC it further €na&CD by the Authority aforefaid, That the Name of every Perfon, who, after fhall alone, or jointly with any other Perfon or Perfons, carry on the Bulinefs of a Banker or Bankers, within the Limits aforefaid, fhall be mentioned in or fubfcribed to all Promiffory Notes iffued or given by him or them refpeclively, under the Penalty of for every fuch Promiffory Note as fhall be iffued or given contrary to this Act, to be recovered by and to the Ufe of any Perfon who (hall fue for the fame, by Action of Debt, Bill, Suit, or Information, in any of His Majefty's Courts of Record at Wejlminjler. a 3 2nQ bC it further CnaScH by the Authority aforefaid, That if any Clerk or Servant to any Perfon or Perfons dealing as a Banker or Bankers, being intruded with any Note, Bill, Dividend, Warrant, Bond, Deed, or any Secu- rity, Money, or other Effects, to the Amount of or upwards, belonging to fuch Banker or Bankers, or having any Note, Bill, Dividend, Warrant, Bond, Deed, or any Security, Money, or Effects, to the Amount of or upwards, of any other Perfon or Perfons, lodged or depofited with fuch Banker or Bankers, or with him as a Clerk or Servant to fuch Banker or Bankers, fhall fecrete, embezzle, or run away with any fuch Note, Bill, Dividend, Warrant, Bond, Deed, Security, Money, or Effects, to the Amount or Value of 14 or upwards ; or in cafe any fuch Clerk or Servant fhall iffue any Note, or give any Receipt for any Sum of Money, to the Amount of or upwards, other than and except fuch Sum of Money, to the Amount of or upwards, as he iball actually have received from or on Account of the Perfon or Perfons reflectively to whom he fhall iffue any fuch Note, or give any fuch Receipt as afore- faid 5 or in cafe any fuch Clerk, having received fuch Sum or Sums of Money, to the Amount of or upwards, for which fuch Note was iffued, or Receipt given as aforefaid, fhall not bring the fame to account, but fhall withhold or keep, or otherwife fecrete, embezzle, or apply the fame to his own Ufe, with Intent to defraud ; every Clerk or Servant fo offending, and being thereof con- victed in due Form of Law, fhall be deemed StlD [ 7 ] 3tlt! be it fUttfjer CnaftCtl by the Authority aforefaid, That this Aft fhall be deemed, adjudged, and taken to be a Public Aft, and be judicially taken Notice of as fuch by all Judges, Juflices, and other Perfons whomfoever, without fpecially pleading the fame. VJ cr a N IS O 3 o in w CL -. &. » n CO O ~ H. be 5-2 £- O ° n EL n ^ O n § n g. » % - „ "' 3" D » ^ n 9? n in n O " 3" 3 " < t 3. ST 5 m- 3 s -*o t^E 3 P " § 3 3 "> 3 -1 n Q. t _ § E.S 3 5" 3 &UQ 3 N C ft _. 3 .. 3 ao 3 m •• §»^ § s? 3 C* ^ ft n > ■§ s o n 1 £ r 1 -1 ^ «-t zz O •-> 3* ■"t-l U 3- -3 a »C — C- p, 2 fr * 5: £ ' 3 C'O JM ro c r 4 M 1 ••••• I £!###« $£ € ^ MNNMMM f <3fe Sib *&£•§£<§"? i'fejfe^l «S&tS4> <§& 0% ■•■'■-, ^s> at? «3E> B FOR The more eafy Attendance of Freeholders at Elections of Knights of Shires. Note. — The Figures in the Margin, denote the Number of the Fe/ia in the written Copy. !£€]R<£3@> the Freeholders of the feveral Counties within this Kingdom cannot, with- Ip^l-Lili l^w out & reat Expence, Lofs of Time, and Fatigue, ^^L===JpT^ attend at any One Place to give their Votes at E!?£pC| Elections of Knights of the Shire to ferve in Parliament for .the faid Counties, in Cafes wherein fuch Elections fliali be contefted, and Polls mall be neceflary to determine the fame : In order therefore that A inch [ 2 ] fuch Elections may be made in a more eafy and conve- nient Manner j May it pleafe Your MAJESTY, That it may be Enacted ; gnS t)C ft €naftctl by the KING's Moft Excellent Majesty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament aflembled, and by the Authority of the fame, That from and after the Day of in the if, at the Publication or Proclamation of the Writ of Elec- tion of a Knight or Knights of the Shire, a Poll fhall be demanded by any Candidate, or any of the Electors there prefent, and any or more of the Candidates {hall, on the lame -Day, and not afterwards, defire and requeft that the laid Poll may be taken at Places other than the City, Town, or Place, where fuch Writ fhall be publiflied or proclaimed, the Poll for the Election of fuch Knight or Knights of the Shire for the feveral and refpective Counties hereinafter named, fhall and may be taken at the feveral and refpe&ive Places herein mentioned ; (that is to fay) For the County of Bedford, at For the County of Berks, at For the County of Bucks, at For the County of Cambridge, at For the County of C/jeJJjire, at For the County of Cornwall, at For the County of Cumberland, at For the .County of Derby, at por the County of Devon, at For the County of Dorfet, at For the County of Durham, at For the County of Ebor or York, at For the County of Ejfex, at For the County of Glouccfter, at For the County of Hereford, at For the County of Herts, at For the County of Huntingdon, at For the County of Kent, at For the County of Lane after, at For the County of Leicefter, at For the County of Lincoln, at For [ J For the County of Middle/ex, at For the County of Monmouth, at For the County of Norfolk, at For the County of Northampton, at For the County of Northumberland, at For the County of Nottingham, at Ferthe County of Qxon, at For the County of Rutland, at For the County of Salop or Shrop, at For the County of Somerfit, at For the County of Southampton ox Hamps, at For the County of Stafford, at For the County of Suffolk, at For the County of Surry, at For the County of Sujfex, at For the County of Warwick, at For the County of Wejlmorland, at For the County of V/orceJler, at For the County of Wilts, at For the County of Anglejey, at For the County of Brecon, at For the County of Cardigan, at For the County of Caermarthen, at For the County of Caernarvon, at For the County of Denbigh, at For the County of Flint, at For the County of Glamorgan, at For the County of Merioneth, at For the County of Montgomery, at For the County of Pembroke, at For the County of Radnor, at - SntI be it further ©imftCtJ by the Authority afcrefaid, That when a Poll fhall he demanded, at the Publication or Proclamation of the Writ of Eleclion of a Knight or, Knights of the Shire, the fame fhall proceed in the Man- ner as by Law is directed, in the City, Town, or Place, where fuch Writ mall be published and proclaimed ; and that the Poll in all and every other City, Borough, Town, or Place within fuch County, fhall commence on the Day after the Publication or Proclamation of fuch Writ, if it be not a Sunday, and if it be a Sunday, then on the Day •following, -and that in the Computation of fuch Day, t 4 ] Day, the Day of the Publication or Proclamation of the Writ fhall be one. 3ntJ fcC it further (JHnaftCU, That it fhall and may be lawful for every Freeholder to give his Vote and Poll, at fuch 6 Election for the County in which his Freehold is fituated., at any City, Town, or Place of fuch County, hereby, ap- pointed for taking fuch Poll. 3ntl he It further CnaftCO, That in order to carry this Act into Execution, it fliall and may be lawful for the Sheriff, or in cafe of his Death or Abfence, for the Under Sheriff, and fuch Sheriff or Under Sheriff is hereby im- powered and required, by Writing under his Hand and Seal, to authorize and appoint One or more proper Perfon or Perfons to take the Poll at fuch City, Town, or County hereby appointed, other than the Place in which fuch Writ fhall be published and proclaimed ; and that every fuch Perfon fo authorized and appointed fhall, at the Time and Place appointed for taking the laid Poll, and before he fhall proceed to take the fame, openly read, or caufe to be read, an Act, made in the Second Year of the late King George the Second, intituled, " An Act for the more effectually pre- ** venting Bribery and Corruption," and mall take and fubferibe the following Oath : " I A. B. do folemnly fwear, That I have not, directly " nor indirectly, received any Sum or Sums of Money, " Office, Place, or Employment, Gratuity or Reward, " or any Bond, Bill, or Note, or any Promife or " Gratuity whatfoever, either by my felt or any " other Perfon to my Ufe, or Benefit, or Advan- " tage, for or concerning the taking or returning the " Poll now about to be taken ; and that I will admit „ " every Perfon's Name to be inferted in the faid " Poll, who fhall appear to me to be qualified by " Law to give his Vote thereat, and alfo the Name " or Names of the Perfon or Perfons for whom " he fliall vote ; and that I will not admit the Name " of anv Perfon to be inferted therein, unlefs he mail " appear to me to be fo qualified ; and that I will " take the faid Poll honeflly, uprightly, and impar- " tially, to the belt of my Skill and Knowledge; *• #nd that I will not ftrike .the Name of any Per- «« foo [ 5 ] " fon out of the faid Poll, after the Name of fuch "" Perfon (hall be inferted therein, and he hath been " permitted to give his Vote ; and that I will not " alter the original Poll by me taken, nor caufe, ■*' fuffer, nor permit the fame to be altered by any " other Perfon or Perfons whatfoever; and that I will *' return the fame unaltered to the High Sheriff or " his Under Sheriff, within Davs after I " fhall have completely taken the fame." Which Oath any Juftice or Juftices of the Peace of the faid County, City, Corporation, or Borough, where fuch Election fhall be made, or, in his or their Abfence, any of the Electors, are hereby required and autho- rized to adminifter ; and fuch Oath fo taken, mail be entered among the Records of the Seffions of fuch County, City, Corporation, and Borough, as aforefaid. 3ntJ uC it further €naftelJ, That the faid Perfon or Perfons, fo authorized and appointed, fhall duly and orderly proceed in the Taking of the Poll, without any further or g other Adjournment, than from Day to Day, (Sunday ex- cepted) until all the Freeholders then and there prefent fhall be polled, and no longer. PrOtlttlCD altuag0, That fuch Poll fhall not continue, at any City, Town, or Place, at which the Writ fhall be A publifhed and proclaimed, or at any other City, Town, or Place, hereby appointed for taking fuch Poll, more than Days in the Whole ; and when the faid Poll fhall be ended in Manner aforefaid, fuch Perfon or Perfons fo authorized and appointed fhall, within Days, return the fame to the Sheriff of the County, or the Under Sheriff, as the Cafe may happen, with an Oath thereunder written, to be fubferibed by him or them, and to be taken before any One Juflice of the Peace, or Two of the Electors, in the following Words : " I A. B." (infert the Names of the Perfon or Perfons, authorized to take the faid Poll) " do fwear, That " the foregoing Poll is the original Poll by me" (or by us, as the Cafe may happen) " taken at " for the " (naming the City, Town, Or Place, at which fuch Poll fhall be taken) " within B -) the t 6 ] u the County of and that I " (or we, as the Cafe may be) " have not altered the fame " fince the fume was taken. " So help me" (or us) "GO D." 9 And that when the Sheriff, or Under Sheriff, fhall have ii.iifned the Poll taken before him, and have received all the Polls taken in the Manner aforefaid, by virtue of this Act, then, and not before, he fhall make his Return of Perfon or Perfons chofen Knight or Knights of the Shire to ferve in Parliament for the laid County. 8ntl be it fUCtljCr CnaSet), That the Perfon or Perfons authorized and appointed, by virtue of this Act, to take the Poll, are hereby authorized and required to do all and every Act, Matter, and Thing, that the Sheriff or Under Sheriff might lawfully do at the taking of any Poll, or is required by Law to do, was he perfonally prefent, other than that of administering the Oath of Qualification, appointed to be taken by Candidates, by an Acl: intituled, " An Act for " fecuring the Freedoms of Parliaments, by the further " qualifying the Members to fit in the Houfe of Commons,"' made in the Ninth Year of Queen Atme ; and fuch Perfon and Perfons, fo authorized and appointed, fhall be liable to the fame Pains and Penalties, for all and every Omiflion fj and Breach of his or their Duty in Relation to the fame, as any Sheriff or Under Sheriff would have been liable to, in Cafe fuch Sheriff or Under Sheriff, or either of them, had been perfonally prefent, and omitted, or committed the fame. ao 3nD fcC it flirtOCr CnaftCU, That every Perfon who mall give his Vote or Poll before the Perfon or Perfons autho- rized and appointed by virtue of this Act to take the fame, fhall, and is hereby required, before he (hall be admitted to give his Vote or Poll thereat, to take all and every Oath and Oaths, and to do every other Act, Matter, or Thing, as by Law he is required to do before the Sheriff or Under Sheriff, in cafe the faid Sheriff" or Under Sheriff had been prefent at the faid Poll, and taken the fame ; and fuch Perfon omitting to take the faid Oath or Oaths, or fwear- ing falily, or neglecting to do any Matter or Thing re- quired by Law to be done by him before he be admitted to [ 7 ] to give his Vote at any Election of a Knight or Knights of the Shire, fuch Perfon lb omitting to take the laid Oaths, or fwearing falfly, or neglecting to do any Matter or Thing required by Law to be done by him, fhall in- cur the fame Forfeitures, Penalties, and Incapacities, as he would have incurred in cafe the Sheriff or Under Sheriff" had been prefent at taking the faid Poll, and had taken the fame. JprotuBeu altoaj?0, anu tie it further €naftco, That in cafe no Poll fhall be demanded at the Publication or Pro- clamation of any Writ for the Election of a Knight or n Knights of the Shire for any County hereinbefore mentioned ; or if fuch Poll fhall be demanded, and no fuch Defire or Requeft as is hereinbefore mentioned fhall be made by any One or more of the Candidates, within the Time limited for making the fame; then, and in either of fuch Cafes, fo much of this Adt as relates to taking the Poll, (hall not take Place. o tr -*\ c^ en K. 3 D* a o i— • to 3 • I-* ^ w ^ •u riT > ft O O D C/3 ft 3 s> o 3 O n h~> o •N >-h 2. Cr3" P* o> ft- CD to 1 w p> X $ $ • •*£• * •*•':• • • ^ B FOR The Payment of Cofts to Parties, and Charges to Conftables, Witnefles, and others, on Complaints determined before Juftices of the Peace out of Seffions ; for the Payment of the Charges of Conftables in certain Cafes ; and for the more effectual Payment of Charges to Witnefles and Profecutors of any Larceny, or other Felony. Note. — The Figures in the Margin denote the Number of the Folios in the written Copy. TOKSBOflOir* I!) e ft <& 3 §>, by the Laws now in being, His i Q~" *-q Vlajefty's Juftices of the Peace are not fuffi- yg vlXH ^ ciently authorized, on Complaints that come %m W)& before them out of Seffions, to award Cofts k_)6;A$Q8(jH{ againft either the Perfon or Perfons complain- ing, or the Perfon or Perfons againft whom any Com- plaint is made, as to Juftice may appertain : A May [ * 3 May it pleafe Your MAJESTY, That it may be Enacted j gttf) fee it (ZEnafteO by the KING's Moil Excellent Majesty, by and with the Ad- vice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament afTembled, and by the Authority of the fame, That where any Complaint mall be made before any of His Majefty's Juftices of the Peace, for any County, Riding, Divifion, City, Town Corporate, Franchife, or Liberty, and any Warrant or Summons fhall ifiue in Confequence of fuch Complaint, that then it fhall and may be lawful to and for any Juftice or Juftices of the Peace, who lhall have heard and determined the Mat- ter of the faid Complaint, to award fuch Cofts to be paid by either of the Parties, and in Manner and Form as to him or them fhall feem fit, as well to the Party injured, as alio a reafonable Satisfaction for the Trouble and Lofs of Time of the Conftables and Perfons fummoned to ap- pear, and appearing, to give their Evidence before fuch Juftice or Juftices ; and in cafe any Perfon, fo ordered by the faid Juftice or Juftices of the Peace to pay fuch Sum or Sums of Money as aforefaid, fhall not immediately pay down or give Security for the fame, to the Satisfaction of the Juftice or Juftices, it fhall and may be lawful for the faid Juftice or Juftices, by Warrant under his Hand and Seal, or their Hands and Seals, to levy the faid Sum or Sums by of the Goods and Chattels of fuch Perfon fo refufing or negle&ing ; and where Goods and Chattels of fuch Perfon cannot be found, to fuch Perfon to the for the County, Riding, Divifion, City, Town Corporate, Franchife, or Liberty, wherein fuch Perfon fhall relide, there to be kept to hard Labour for any Time not exceeding or until fuch Sum or Sums of Money, together with the Ex- pences attending the Commitment of fuch Perfon to fuch Houfe of Correction, be firft paid. PcoUiTSCu tieuertf)Clef3, That upon the Conviction of any Perfon or Perfons upon any Penal Statute or Statutes, where the Penalty or Penalties fhall amount to or exceed the Sum of the faid Cofts, and Satisfaction for [ 3 ] for Charges, Trouble, and Lofs of Time, fhall be deduced by the faid Juftice or Juftices, according to his or their Difcretion, out of the faid Penalty or Penalties, fo that the faid Deduction /hall not exceed One Part of the faid Penalty or Penalties, and the Remainder of the faid Penalty or Penalties (hall be paid to or divided among the Per- fon or Perfons who would have been entitled to the Whole of the Penalty or Penalties in cafe this Act had not been made. 9n0 tlJfoCteaS Conflables, Headboroughs, and Tythingmen, are or may be at great Charge and Lofs of Time in do- ing the Bufinefs of their Parifh, Townfhip, or Place, and in many Cafes are not fufficiently indemnified by the Laws ; Be it therefore GEnaftCD by the Authority afore- fiid, That every Conftable, Headborough, or Tythingman, may yearly, within Days after he mail go out of fuch Office, deliver to the Overfeers of the Poor of the faid Parifh, Townfhip, or Place, for the Time being, a juft Account in Writing, fairly entered in a Book to be kept for that Purpofe, and figned by him, of all Sums fo by him expended on Account of the faid Parifh, Town- fhip, or Place, or fo by him charged for his Trouble and Lofs of Time, in all Cafes not hitherto provided for by the Laws heretofore made, or by this Act, and alfo of all Sums received by him on the Account of the faid Parifh, Townfhip, or Place; and the faid Overfeers of the Poor, or their Succeffors, fhall, within the next Days after the faid Account fhall be fo delivered, take the Opinion of the Inhabitants of the faid Parifh, Townfhip, or Place, upon the faid Accounts, and fhall then deliver back to the faid Conftable, Headborough, or Tythingman, fuch Book of Ac- counts ; and it fhall and may be lawful to and for the faid Conftable, Headborough, or Tythingman, then to pro- duce the faid Book before Two of His Majefty's Juftices of the Peace in and for the County, Riding, Diviiion, City, Town Corporate, Franchife, or Liberty, wherein fuch Parifh or Townfhip fhall be fituate, giving reafonable Notice there- of to the Overfeers of the Poor of the faid Parifh, Town- fhip, or Place, for the Time being ; which faid juftices are hereby authorized to examine the fame, and to hear and determine any Objection or Objefticns that fhall be made to the faid Accounts by the Overfeers of the Poor of the faid [ ♦ ] laid Parifh, Townfhip, or Place, for the Time being, and to fettle, according to the received Ufage or Cuftom of fuch Parifh, Townfhip, or Place, the Sum which to them fhall appear due on the faid Account, and to enter the fame in the faid Account, and to fign their Names thereto j and the Overfeers of the Poor of the faid Parifh, Townfhip, or Place, for the Time being, are hereby authorized and required to pay the faid Sum, out of the Money which fhall come to their Hands by virtue of any Rate or AfTefTment made or to be made for the Relief of the Poor. PrOtoitlCt! nCtiCttheleft, That in cafe the Overfeer or Overfeers of the Poor of the faid Parifh, Townfhip, or Place, for the Time being, fhall find that the faid Parifh, Townfhip, or Place, is aggrieved by any Neglect, Act, or Thing done, or omitted, by the faid Conftable, Headborough, or Tythingman, or by any of His Majefty's Juftices of the Peace, or fhall have any material Objection to fuch Ac- count, or any Part thereof, or to fuch Determination as aforefaid, it fhall and may be lawful for fuch Overfeer or "Overfeers, in any of the Cafes aforefaid, giving reafonable Notice to the faid Conftable, Headborough, or Tything- man, to appeal to the next General nr Quarter Seffions of the Peace for the County, Riding, Divifion, City, Town Corporate, Franchife, or Liberty, where fuch Parifh, Town- fhip, or Place lies ; and the juftices of the Peace there affembled are hereby authorized and required to receive fuch Appeal, and to hear and finally determine the famej but if it fhall appear to the faid Juftices, that reafonable Notice was not given, then they fhall adjourn the faid Appeal to the next Quarter Seffions, and then and there finally hear and determine the fame ; and the faid Juftices may award and order, to the Party for whom fuch Appeal fhall be determined, reafonable Cofts, in the fame Manner that they are impowered to do in Cafe of Appeals concerning the Settlement of poor Perfons, by an Act made in the Eighth and Ninth Years of King William the Third, in- tituled, " An Act for fupplying fome Defects in the Laws " for the Relief of the Poor of this Kingdom." PtOtiDCD altoag0, That in all Corporations or Liberties which have not Four Juftices of the Peace, it fhall and may be lawful for the Overfeer or Overfeers of the Poor of [ s 1 of the Parifh, Townlhip, or Place, for the Time being, where an Appeal is given by this Act, to appeal, if he or they (hall think fit, to the next General or Quarter Sef- fions of the Peace for the County, Riding, or Divihon, wherein fuch Corporation or Liberty is fituate. 8 3nD tOhCCCaS, by an Act palled in the Twenty-fifth Year of his late Majefty King George the Second, intituled, " An Act for the better preventing Thefts and Robberies, " and for regulating Places of public Entertainment, and " punifhing Perfons keeping diforderly Houfes," it was re- cited, that " whereas many Perfons are deterred from pro- ■" fecuting Perfons guilty of Felony, upon account of the " Expence attending fuch Profecutions, which is a Caufe " of the Encouragement of Thefts ;" and it was therein, among other Things, enacted, That it (hould and might be in the Power of the Court before whom any Perfon has been tried and convicted of any Grand or Petit Larceny, or other Felony, at the Prayer of the Profecutor, and on Con- iideration of his Circumftances, to order the Treafurer of the County in which the Offence ihall have been commit- ted, to pay unto fuch Profecutor fuch Sum of Money as to the faid Court lhall feem reafonable, not exceeding the 9 Expences which it (hall appear to the Court the Profecu- tor was put unto in carrying on luch Proiecution, making him a reafonable Allowance for his Time and Trouble therein ; which Order the Clerk of Afiize, or Clerk of the Peace, refpectively, was thereby directed and required forth- with to make out, and to deliver unto fuch Profecutor, upon being paid for the fame the Sum of One Shilling, and no more : SlnH tDbCtCaS, by an Act palled in the Twenty-feventii Year of his late Majefty King George the Second, reciting;, That the Expence, as well as Lois of Time, in attend- ing Courts of Juftice, is a Difcouragement to the poorer Sort to appear as Witnelies againft Offenders j who thereby efcape the public Juftice, and the Puniihment due to their Crimes ; it was Enacted, That when any poor Perfon (hall appear on Recognizance in any Court, to give Evidence againft another accufed of any Grand or Petit Larceny, or io other Felony, it (hould and might be in the Power of the Court, at the Prayer and on the Oath of fuch Per- fon, and on Conlideration of his Circumftances, in open Court to pay unto fuch Perfon fuch Sum of Money as B to [ 6 ] to the faid Court {hall feem reafonable, for his Time, Trouble, and Expence ; which Order the proper Officer of fuch Court is required to make out and deliver to fuch Perfon, upon being paid for the fame the Sum of Six Pence, and no more : 3n0 tOljCtCtlS the faid recited Acls of the Twenty-fifth and Twen.y-fcventh Years of his late Majefty King George the Second, have been a ereat Encouragement towards brin^- ing Offenders to Jufticc, in all fuch Cafes as are within the Purview of the faid Statutes; but neverthelefs it has been 1 1 found by Experience, that the faid hereinbefore recited Sta- tute of the Twenty-feventh Year of his faid late Majefty, with regard to Perfons appearing on Recognizance in any Court, to give Evidence as aforeiaid, extends only to poor Perfons, fuch Court alfo confidering their Circumftanccs ; and alfo does not extend to Perfons appearing on Subpoena to give Evidence : QllH UifjCVCag the laid Acl of the Twenty-fifth Year of his faid late Majefty, with regard to Profecutors, directs the Court to confider the Circumftances of fuch Profecutor, and alfo gives him Relief only where the Offender is convicted : 3llD toljCtcaS it is juft and reafonable, and may tend in future to the Prevention of Crimes, or to the due Profe- cution of all Offenders againft the Laws, that every Pro- s.z fecuror to Conviction, and every Feribn (u appearing on Recognizance or Subpoena to give Evidence, mould be al- lowed his reafonable Expences, and alio, in cafe he be poor, a reafonable Satisfaction for his Trouble and Lofs, of Time; and that fuch Allowance fhould be made to Pro- fecutors as aforefaid, even though the Perlon io accufed be acquitted, provided it (hall appear to fuch Court, before whom the laid Prifoner fhali have been tried, that there was a reafonable Ground of Profecution, and that the Pro- fecutor hath bona fide profecuted : 16 e it ftlttfjer <2£naftc6 by the Authority aforefaid, That from and after the paffing of this Acl, it {hall and may be in the Power of the Court before whom any Perfon has been tried and convided of any Grand or Petit Larceny, or other Felony, or 13 before whom any Perfon has been tried and acquitted of any Grand or Petit Larceny, or other Felony, in cafe it {hall appear to the faid Court that there was a reafonable Ground of Profecution, and that the faid Profecutor hath bona fide profecuted, to order, upon Prayer of the faid Profecutor, the Treafurer of .the County, Riding, or Divifion, in I 7 ] in which the Offence (hall have been committed, or mall have been fuppofed to have been committed, to pay unto inch Profecutor fuch Sum of Money as to the faid Court mall Teem reafonable, not exceeding the Expences which it mall appear to the Court the Profecutor was bona fide put unto in carrying on fuch Profecution, making, in cafe the faid Profecutor mall appear to the Court to be in poor Circumstances, a reafonable Allowance to fuch Profecutor for Trouble and Lofs of Time; which Order the Clerk of 14. Affize, or Clerk of the Peace, reflectively, is hereby directed and required forthwith to make out and deliver unto fuch Profecutor, upon being paid for the fame the Sum of One Shilling, and no more; and the Treafurer of the faid County, Riding, or Divifion, is hereby authorized and required, upon Sight of fuch Order, forthwith to pay to fuch Profecutor, or other Perfon authorized to receive the fame, fuch Sum of Money as aforefaid, and mail be allowed the fame in his Accounts. 9nD tJC it further CttaCteO by the Authority aforefaid, That it {hall and may be in the Power of the Court, where any Perfon fhall appear on Recognizance or Subpcena, to give Evidence as to any Grand or Petit- T.rirrrny or other Felony, whether any Bill of Indictment be preferred 1 5 or not to any Grand Jury, provided the faid Perfon fhall, in the Opinion of the faid Court, bona fide have attended the faid Court in Obedience to fuch Recognizance or Subpcena, to order the Treafurer of the County, Riding, or Divifion, in which the Offence (hall have been committed, or mall have been fuppofed to have been committed, to pay unto fuch Perfon luch Sum of Money as to the faid Court fhall feem reafonable, not exceeding the Expences which it fhall appear to the faid Court the faid Perfon was bona fide put unto by reafon of the faid Recognizance and Subpcena, making, in cafe the faid Perfon mall appear to the Court to be in poor Circumfiances, a reafonable Allowance to fuch Perfon for Trouble and Lofs of Time ; which Order the Clerk of Affize, or Clerk of the Peace, .g refpectively, is hereby directed and required forthwith to make out and deliver to fuch Perfon, upon being paid for the fame the Sum of Six Pence, and no more ; and the Treafurer of the faid County, Riding, or Divifion, is hereby authorized and required, upon Sight of fuch Order, forth- with to pay to fuch Perfon, or other Perfon authorized C to [ 8 ] to receive the fame, fuch Sum of Money as aforefaid, and fhall be allowed the fame in his Accounts. Profcioet) neuci'thclcfs, ano fcc it further €nacten, That it ihall and may be lawful for His Majefty's Juftices of the Peace, in and for any County, Riding, Divilion, City, Town Corporate, Franchise, or Liberty, in Quarter Seffions affembled, to lay down, from Time to Time, fuch Rules and Regulations, as to any Cofts and Charges there- 1 7 after to be allowed to any Perfon whatfoever by virtue of any Part of this Act, for the better carrying the Intent of any Part of this Act into Execution, and for the prevent- ing any unneceffary Expence, as to them fhall feem molt juft and reafonable ; which Rules and Regulations, having received the Approbation and Signature of One or more of His Majefty's judges of Oyer and Terminer, or General Gaol Delivery, at the Affizes for the County wherein f«ch Rules and Regulations ihall have been made, (hall be binding, and not otherwife, on all Perfons whatfoever; and no Perfon whatfoever fhall be allowed any greater Sum of Money, by virtue of this Act, than according to the faid Rules and Regulations fo approved of as aforefaid, any thing herein tcontained to the contrary thereof in any wife, •j 8 no.twithftanding. 3llD i3C it further C-tia&eU by the Authority aforefaid, That if any Action or Suit fhall be commenced againft any Perfon or Perfons, for any Thing done in purfuance of this Act, that then and in every fuch Cafe the Action or Suit •ihall be brought within Calendar Months next after the Fact committed ; and the Defendant or Defendants in fuch Action or Suit may plead the General Iifue, and give this Act and the Special Matter in Evidence at any Trial to be had thereupon, and that the fame was done in purfuance and by the Authority of this Act ; and if it mall appear fo to have been done, the Jury ihall find for the Defendant or De- fendants ; and if the Plaintiff ihall be nonfuit, or difcontinue jo his Action after the Defendant or Defendants fhall have ap- peared, or if Judgment fhall be given, upon any Verdict or Demurrer, againft the Plaintiff, the Defendant and Defendants fhall and may recover Cofts, and have the like Re- medy for the fame as the Defendant or Defendants hath or have in other Cafes by Law. ^ S, 8 § 3-S2 SB « S rf = ~ j= s P-CM D s j n n ^ . , x to vj tr C ft 1 5 " ■ CO Vd M ^8W « SOP a ^■* £0 co ^ m »— • i^ rr* rt " - py v. S». n o Jo - ^2 5 2° o*° P i_^ O rt> rt »-. r^J £*' ►i, i-i i n> n> co i - § $ $ • # #. 8 >* t ag> c 3S> c a? w ^rjp qg> i^g ifa tjgj^j %. ^^ A g $ & f# II ® g A B FOR The Relief of Prifbners charged with Felony or other Crimes, who fhall be acquitted, or dis- charged by Proclamation, refpecling the Payment of Fees to Gaolers, and giving a Recompence for fuch Fees out of the County Rates ; and for more effectually lecuring the Health of Prifoners in Gaol, during their Confinement. Note. — The Figures in the Margin denote the Number of the Folios in the Written Copy. 53()9(£<)@()3£)e( }£ <£ JR. <£ 3 % Perfons are frequently in Cuftody Q Q for Felonies or other Crimes, or on Sufpicion v? 221 ^ thereof, or as Acceffaries thereto, and though no m & Bills of Indictment are afterwards preferred or >($\M&)8(5( found againft: them, or they are acquitted on their Trials, yet they are detained for certain Fees to the Sheriffs, Gaolers, or Keepers of Prifons, in whofe Cuftody they happen to be; which is both oppreffive and unjuit : jFQC Remedy whereof, May C 2 3 May it pleafe Your MAJESTY, That it may be Enacted ; 3nB fee it CnaftCU by the KING's Moll Excellent Majesty, by and. with the Advice and Con- fent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, snd by the Authority of the fame, That every Prifoner, who now is, or hereafter mail be, charged with any Felony, or other Crime, or as an Acceffary thereto, in that Part of Great Britain called England, and Wales, againft whom no Bill of Indictment (hall be found by the Grand Jury, or who, on his or her Trial, mall be acquitted, or who mall be difcharged by Proclamation for want of Profe- cution, fhall be immediately fet at large, without the Payment of any Fee or Sum of Money ^to the Sheriff, Gaoler, or Keeper of the Gaol or Prifon from whence he or fhe /hall be difcharged and fet at Liberty, for or in refpect of fuch Dif- charge. 3ntJ foe it further CnaftCtJ by the Authority aforefaid, That all fuch Fees as have been ufually paid, or payable, to the feveral Sheriffs, Gaolers, and Keepers of Prifons, in Englajzd and Wales, in any of the Cafes aforeiaid, fhall abfolutely ceafe, and the fame are hereby aboliihed and determined ; and, -from and after no Gaoler or "Keeper of any Gaol or Prifon fhall afk, demand, take, or receive, any Sum. or Sums of Money, from any of the faid Prifoners, as Fees, upon his or her Difcharge. 3tlH UC it further CiiafteD by the Authority aforefaid, That, •in Lieu of fuch Fees fo abolifhed as aforefaid, the Trea- furers, or other proper Officers of the feveral Counties, and of fuch Cities, Towns Corporate, Cinque Ports, Liberties, Franchifes, and Places, that do not pay to the Rates of the feveral Counties in which they are refpectively fituated, Khali, on receiving a Certificate figned by One or more judge or Juifice before whom fuch Prifoner mall have been difcharged as aforefaid, (which Certificate the Judge •or Juftice is hereby required to give) pay cut of the. Rates of fuch County, or out of the Public Stock of fuel* City, Town Corporate, Cinque Port, Liberty, Franchife, or Place, ■.the Sum. of to the Sheriff, JGaoler, [ 3 ] Gaoler, or Keeper of the Prifon whence the faid Prifoner fhall have been difcharged as aforefaid ; which fevera! Sums, fo paid in purfuance of this Acl, lhall be refpeclively al- lowed to the faid Treafurers and Officers, by the Juftices before whom their Accounts fhall be pafTed : Provided ne- verthelefs, that it (hall and may be lawful for the Juftices of the Peace, in Quarter Seffions affembled, to allow a certain Annual Salary, if they think proper, to the Sheriff, Gaolers, or Keepers of Prifons, within their refpeclive Jurifdiclions, 4 inftead of the Payments herein before directed to be made to fuch Sheriff, Gaolers, or Keepers of Prifons. 3nU, for the Prevention of the Calamities attending what is commonly called the Gaol Diforder, 113C it (CnaftCtJ by the Authority aforefaid, That the feveral Juftices of the Peace, within their feveral Jurifdiclions, in Quarter Seffions affembled, are hereby authorized and required to order a Cold and Hot Bath, or commodious Bathing Tubs, to be made and provided within the feveral Gaols and Prifons to which Felons are ufually committed, and likewile Cloaths for Prifoners to take their Trials in, at the Expence of the County or Place in which fuch Gaols or Prifons are refpeclively fituated, and to which the fame belong, and to order the Prifoners to be wafhed in fuch Cold or Hot Baths, or in fuch Bathing Tubs, according to the Condition in which they fhall be at the Time, and cloathed in fuch Cloaths fo provided as aforefaid, before they are brought out to take their refpedlive Trials: And if any Gaoler 5 fhall offend, in difobeying the Orders of fuch Juftices as , aforefaid, he may he proceeded againft in a fummary Way, by Complaint to the Court where the Offence was committed ; and if he be found guilty, he mall forfeit his Office, be adjudged incapable of .ever holding the faid Of- fice, and moreover mall pay fuch Fine as the Court fhall impofe, and be in Cafe of Nonpayment. o ~> 3 3 rs n* ft e p 9 3 K R. p »* ~ fcO o 1 S>. m »^~ p 2 a o ir* c o o> ~ O a i; B c i O pi O P « £? , en i O i 7* «• C^ WW c§fe c96b fife BILL T O Explain, amend, and enlarge the Powers of an Affc of Parliament, made in the Twelfth Year of the Reign of his late Majefty King George the Second, intituled, " An Ad: for the more eafy and fpeedy " afTeiTing, collecting, and levying of County * ** •» - - * — « X c ^^ 3 — -i *-■ ft ° *-* oo ^» a) 3 rr n o tr ft iw — - Uj « O S . .° n | ja w A-' ft " r r3 nS S CfC f* TO 3 h- « £/> - ». > < B 3 =-. N u ° 5 a. O r — 3 £ *"» S" g >^3^ O ^ -• o "■ =rs,;r ii. w o 3' ' 3 5 3 o t> ' c ft o 2 C rr ft ft 3 » n &• » oq §' do v « =r -» u o o ™ 3 — C 3-„-» 3 >2 _.0 (fib «& a* & %? w H %t? %$ §? ^y «P w ^ ^6? «as> ^i? Q B More effectually to prevent the Stealing of Deer; and to repeal feveral former Statutes made for the like Purpofe. Note. — The Figures in the Margin denote the Number of the Folios in the written Copy. &)6p9Q3($Q@( jj) (tg Jft (jg 3 <§ the Statutes now in force for the If § Diicovery and Punifhment of Deer Stealers are y& )k numer °us, and many cf them ineffectual : && Mfkf &)6Qs0eOa0e( g n j, VufjcrCSS the good Purpofes thereby in- tended might be better effected, if fuch of the faid Statutes as are found to be defective were repealed, and fuch good Provifions as are therein contained, together with fuch further Provilions as may be expedient, were reduced into One Act ; ISC it therefore CnafteD by the KING'S Moft Excellent A Majesty, V [ 3 ] "Majesty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Par- liament aflembled, and by the Authority of the fame, That if any Perfon or Perfons fhall courfe, hunt, or fhall take m any Slip Noofe, Toyle, or Snare, or fhall kill, wound, or de- ftroy, or fhall fhoot at, or otherwife attempt to kill, wound, 2 or deftroy, or mail carry away, any Red or Fallow Deer, in any Foreft, Chafe, or Purlieu, whether inclofed or not, or in any inclofed Park, Paddock, Wood, or other inclofed Ground, where Deer are, have been, or fhall be, ufually kept, without the Confent of the Owner, or without being otherwife duly authorized, or fhall be aiding, abetting, or affifting therein ; every Perfon .fo offending, by courfing, hunting, fhooting at, or otherwife attempting to kill, wound, or deftroy, or by aiding therein, fhall forfeit for every fuch Offence the Sum of and every Perfon fo offending, by killing, wounding, or deftroying, or by taking in any Slip Noofe, Toyle, or Snare, or by carrying away, or by aiding therein, refpedtively, fhall, for every Deer fo wounded, killed, deftroyed, taken, or carried away, forfeit and pay the Sum of and if the Offender, in any of the Cafes aforefaid, fhall be a Keeper of, or Perfon in any Manner intrufted with the Cuftody or Care of Deer, In the Foreft, Chafe, Purlieu, or inclofed Park, Paddock, or Wood, or other inclofed Place, 3 where the Offence fhall be committed, every fuch Perfon fhall forfeit and pay the Penalty hereinbefore appointed to be paid by other Offenders; and if any Perfon or Perfons, after having been convidted of either of the aforefud Offences, fhall offend a Second Time againft this Act, by committing either of the aforefaid Offences, fuch Second Offence., whether it be the fame as the Firft Offence, or be any other of the aforefaid Offences, fhall be deemed and adjudged to be and the Perfon guilty thereof, being lawfully convicted upon Indictment, fhall be in like Manner as other Offenders may be by the Laws now. or which for the Time being fhall be, in Force ; and if any fuch Perfon fhall return into any Part of Great Britain or Ireland within the faid every fuch Perfon fhall be 9ntl, to the Intent that the Profecution of Perfons who fhall offend a Second Time in Manner aforefaid, may be 4 carried on with as little Expence and Trouble as is pof- fible i [ 3 3 ftble; T5e it further CnaftcD, That the Juftice before whom any Perfon mall be convicted for the Firft Time, of either of the Offences before defcribed, mall tranfmit fuch Conviction, under his Hand and , Seal, to the Quarter Seflion which, next after fuch Conviction, (hall be holden for the County, Riding, Divifion, City, Town, or Place, wherein fuch Firft Offence mall be committed, there to be filed by the Clerk of the Peace, and to be kept amongft the Records of the Peace ; and fuch Conviction lb filed, or a true Copy thereof, certified and fubfcribed by fuch Clerk of the Peace, fhall be fufficient Evidence to prove the Conviction of fuch Firft Offence as aforefaid. 3nU be It fUttfjCr (ZEnacteD, That it fhall be lawful for any One Juftice of the Peace, upon Complaint made to him on Oath, by any credible Perfon, that there is Rea- fon to fufpect any Perfon or Perfons of having, in any Dwelling Houfe, Out Houfe, Yard, Garden, or Place, any Red or Fallow Deer, which fhall have been unlawfully killed, or the Head, Skin, or other Part thereof, or any Slip Noofe, Toyle, or Snare, for the unlawful taking of Deer, by Warrant under his Hand and Seal to caufe fuch Dwelling Houfe, Out Houfe, Garden, or Place, to be fearch- ed, in the Day Time ; and if any Red or Fallow Deer, fuf- pecled to have been unlawfully killed, or the Head, Skin, or other Part thereof, or any Slip Noofe, Toyle, or Snare, fufpected to be ufed for the unlawful taking of Deer, fhall be found in fuch Dwelling Houfe, Out Houfe, Garden, or Place, to caufe the fame, and the Perfon or Perfons in whofe Dwelling Houfe, Out Houfe, Garden, or other Place, the fame fhall be found, to be brought before any Juftice of the Peace having Jurifdiction ; and if fuch Perfon or Perfons fhall not fatisfy fuch Juftice, that he, fhe, or they came lawfully by fuch Deer, or the Head, Skin, or other Part thereof, or had a lawful Occafion for fuch Slip Kocfe, Toyle, or Snare, or did not keep the fame for any unlaw- ful Purpofe, then every fuch Perfon, not fo accounting to the Satisfaction of the faid Juftice, fhall, in the Cafe of the Deer, or the Head, Skin, or other Part thereof, be fubject to the aforefaid Penalty of in the fame Manner as a Perfon guilty, for the Firft Time, of the Of- fence of unlawfully killing any Red or Fallow Deer, againft the Provifions of this Act ; and in the Cafe of the Slip Noofe, Toyle, or Snare, fhall forfeit the Sum of Sftflj [ 4 ] 3nU pt it further (ZEnaScU, That if any Red or Fallow Deer, fufpected to have been unlawfully killed, or the Read, Skin, cr other Part of fuch Deer, (hall be found in any Dwelling Houfe, Out Houfe, Garden, or other Place, on a Search under a Warrant from any Juftice of the Peace, and the Owner or Occupier of fuch Dwelling Houfe, Out Houfe, Garden, or other Place, fball not, under the Pro- vilions aforefaid, be liable to Conviction, then, and in every fuch Cafe, for the Difcovery of the Party or Parties who adtually killed or ftole fuch Deer, it fhall and may be lawful to and for any Juftice of the Peace having Jurisdiction, as the Evidence given, and the Circumftances of the Cafe, (hall re- quire, to fummon before him, at his Difcretion, every Per- fon through whofe Hands fuch Deer, or the Head, Skin, or other Part thereof, fo found, fhall appear to have paffed ; and the. Perfon and Perfons from whom fuch Deer, or the Head, Skin, or other Part thereof, fhall appear to have been fir ft received, or who having had Poffeffion thereof, fhall not sive Proof, to the Satisfaction of fuch Tuftice, that he, ihe, or they, came lawfully by the fame, (hall be fubject to the laid Penalty of in the fame Manner as a Perfon guilty, for the Firft Time, of the Of- fence cf unlawfully killing any .Red or Fallow Deer againft the Provifions of this Act. 3ntJ bC it further CnaEteB, That if any Perfon or Perfons {hall, at any Time, pull down or deftroy, or caufe to be pulled down or deftroyed, the Pale or Pales, or any Part of the Wall?, of any Foreft, Chafe, Purlieu, Park, Paddock, Wood, or other Ground, where any Red or Fallow Deer (hall be then kept, without the Confent of the Owner or Per- fon chiefly intrufted with the Cuftody thereof, or being other- wife duly authorized, every Perfon fo offending fhall be fub- ject unto the Forfeiture and Penalty hereby inflicted for the Firft Offence of killing of any Deer. S Sllu t!C it further dEnaftetl, That if any Perfon or Per- fons carrying any Gun, or other Fire Arms, or any Sword, Staff, or other offenfive Weapon, fhall come into any Foreft, Chafe, or Purlieu, or in any inclofed Park, Paddock, Wood, or in any other inclofed Ground wherein Deer are ufually kept, be the fame inclofed or not inclofed, with an Intent unlawfully to thoot at, courfe, or hunt, or to take in any Slip Noofe, Toyle, or Snare, or to kill, wound, deftroy, or take away, any [ 5 3 any Red or Fallow Deer, and (hall there unlawfully beat or wound any R.anger or Keeper, or his or their Servants or Affirmants, in the Execution of his or their Office or Offices, every Perfon fo offending fhall be deemed and adjudged to be and on being lawfully convicted on Indictment, fhall he in like Manner as other Offenders may be by the Laws new, or which for the Time being fhali fee, in 9 force ; and if fuch Perfon or Perfbns fhall return into any Part of Great Britai.i or Ireland within the faid every fuch Perfon and Perfons fhall be 3n0 be it further- <£nactC3, That all the pecuniary Pe- nalties of this Act fhall be recoverable before One or more Juflice or Juftices of the Peace for the County, or other Divi- sion, in which the Offence fhall be committed, on Proof of the Offence by the Oath of One or more credible Witnefs or Witneffes, or on Confeffion of the Offender ; and of each Penalty fhall belong to His Majefty, His Heirs or Succeffors, and the thereof to the Informer or Informers profecuting for the fame ; and in Cafe of Non-Payment thereof, with the Charges incident to the Conviction, immediately after the Conviction, or immedi- ately afterwards giving Security, to the Satisfaction of fuch Juftice or Juftices, for paying the fame within Days, the Offender or Offenders fhall be fent by the IO faid Juftice or Juftices to the of the County or Place where the Offence fhall be committed, for the Space of unlels the faid Penalty, with the Cofts of Conviction, mall be fooner paid. 3nt!, to the End that Perfons convicted of any of the Of- fences for which pecuniary Penalties are inflicted by this Act may not, by Flight or R -.oval after Conviction, evade Im- prisonment, where fuch Penalties fhall not be paid on Convic- tion, and fufficient Diftrefs cannot be found for railing fuch Penalties ; IBt it further CnaftCO, That it fhall and may be lawful for the Juftice or Juftices of the Peace before whom any Offender fhali be convicted of having incurred any pecu- niary Penalty of this Act, immediately after fuch Conviction, to order him or her into Cuftody, in Cafe he or fhe fhali not immediately pay the Penalty due on fuch Conviction, during fuch Time, not exceeding Days, as fuch Juftice i B or [ 6 ] or Juftices fliall think it proper to allow for Return of the Warrant for raifing the Penalty by Diftrefs. 9nU bC it furtfjer CnaftCtJ, That it fhall and may be lawful for any Keeper or Underkeeper of any Foreft, Chafe, Pur- lieu, Paddock, Park, or other Ground, inclofed, where Deer are, have been, or (hall be, ufually kept, and their Servants or Affiftants, to feize and apprehend upon the Spot any Perfon or Perfons whom they fhall difcover in the actual Fact of hunt- ing, courfing, killing, wounding, mooting at, taking, deftroy- ing, or carrying away, any Red or Fallow Deer from any fuch Foreft, Chace, or Purlieu, whether inclofed or not, or in any inclofed Park, Paddock, Wood, or in any other inclofed Ground, or attempting fo to do, and to carry fuch Offender or Offenders before fome neighbouring Juftice of the Peace, to be dealt with according to Law. 12 3ntJ, for the better Difcovery of Offenders againft this Act ; IBe it ftirtljCt CnaftCU, That any Perfon who fhall offend againft this Act, and fliall, within next after making Difcovery of any other Perfon or Perfons who hath or have offended againft the fame, fo as he, fhe, or they be duly convicted of fuch Offence according to this Act, then, and in fuch Cafe, fuch Difcoverer fhall be difcharged of all the Forfeitures and Penalties of this Act, by him, her, or them incurred previous to fuch Difcovery. SJtlD, in order to prevent the Quafhing of Convictions of Offenders againft this Act, for Want of Form j 15C it ftttt&er (gttactCD, That the Conviction and Convictions of all and every Offenders againft this Act, fliall be certified by the Juftice or Juftices of the Peace before whom the fame mail be made, to the next General Quarter Seflions of the Peace, to be filed 13 amongft the Records of the faid Seflions ; and that fuch Con- viction fhall be fairly written on Parchment or Paper, in the following Form of Words, as the Cafe fhall happen, or in any other Form of Words to the like Effect ; that is to fay (to wit) " Be it remembered, That on the Day << of in the Year " A. B. was, upon the Complaint of C. D. convicted *« before of the Juftices of the < { Peace for in Purfuance of an " Act, patTed in the Year of the Reign " of His Majefty King George the Third, for [ 7 ] «? as the Cafe fhall be.' Given under " Hand and Seal, the Day and Year above written." Which faid Conviction fhall be good and effectual in Law to all Intents and Purpofes, and fliall not be quafhed, fet afide, or adjudged void or infufiicient, for Want of any Form, or Words, whatfoever. 3ntJ bZ it fUttljer GBna&CtJ, That no Certiorari fliall be allowed, to remove any Conviction made, or other Proceedings, 14. of, for, or concerning any Matter or Thing in this Act, unlefs the Party or Parties convicted fhall, before the Allowance of fuch Certiorari, become bound to the Perfon or Perfons profe- cuting, in the Sum of with Condition to pay unto the faid Prolecutors, within after fuch Conviction confirmed, or a Procedendo granted, their full Cofls and Damages, to be afcertained upon their Oaths ; and fhall become alfo bound to the Juftice or Juftices of the Peace before whom fuch Conviction was made, with fuch lurricknt Sureties as fuch Juftice or Juftices fhall approve of, in the Penalty of for each Offence, with Condition to profecute fuch Writ of Certiorari with Effect, and to pay fuch Juftice or Juftices the Forfeitures due by fuch Conviction, to be distributed as by this Act is directed, or to render the Perfon or Perfons convicted to fuch 1 5 Juftice or Juftices, within next after fuch Conviction fhall be confirmed, or a Procedendo granted ; and that in Default thereof it fhall be lawful to proceed to the levying of the Penalty mentioned in fuch Conviction, in fuch Manner as if no fuch Certiorari had been awarded. 3nH fcC it fUttytt CtiaftCtl, That after the Confirmation of any Conviction or Convictions upon this Act, by any of the fuperior Courts at IVeJiminfler, and delivering the Rule to the faid Juftice or Juftices whereby fuch Conviction or Convic- tions hath or have been fo confirmed, it fhall and may be lawful for fuch Juftice or Juftices to proceed againft the Party or Parties convicted, in the fame Manner as if a Procedendo had been granted. protiiDCQ altoagaf, ant) be it GEnafteD, That if any Perfon or Perfons fhall be fued or profecuted for any Mat- ter or Thing which he or they fliall do in Purfuance of 16 this Act, it fhall and may be lawful to and for the Perfon .or Perfons fo fued or profecuted to plead the General Iffue, and C give [ 8 ] give the fpecial Matter in Evidence.; and if a Verdict fhall pafs for the Defendant, or the Plaintiff fhall become Noniuit, or fuffer a Difcontinuance, or if upon a Demurrer Judgment fhall be given againfl the Plaintiff, the Defendant mail have and recover his Cofls, and have the like Remedy for the fame as any Defendant hath in any other Cafe by Law. 3nD tlC it furtfjet CttaftCiI, That every Profecution for any Offence againfl this Act, fhall be commenced within but not after, from the Time of the Offence committed. SnD llC it further ffinactCU, That all Actions, Writs, and Profecutions, to be commenced againfl any Perfon or Perfons, lj for any Thing to be done under or in purfuance of this Adt, fhall be laid and tried in the County or Place where the Fact was committed, and fhall be commenced within after the Fact committed, and not otherwife. HnD bC it further GtnaftCD, That this Act fhall commence and begin to be in Force on the and from and immediately after the Commencement thereof, fo much of the Thirteenth Chapter of the Firfl Part of the Statutes, made in the Thirteenth Year of the Reign of Richard the Second, as inflicts a Penalty on thofe who fhall ufe Heys, Nets, or other Engines, for deflroying Deer ; fo much of the Eleventh Chapter of the Statutes, made in the Nineteenth Year of the Reign of King Henry the Seventh, as relates to Deer ; and alfo, fo much of an Act, made in the Fifth Year of the Reign of Queen Elizabeth, intituled, " An A6t "*• for punifhing of unlawful taking Fifli, Deer, or Hawks," as relates to Deer ; and alfo, fo much of an Act, made in the Third Year of the Reign of King "James the Firfl, in- 18 tituled, "An Act againfl unlawful hunting and ftealing of '* Deer and Conies," as relates to Deer, or to the unlaw- ful breaking or entering into any Park impaled, or any other feveral Ground, inclofed with Wall, Pale, or Hedge ; and alfo, fo much of an Act, made in the Seventh Year of the Reign of the faid King James the Firfl, intituled, ** An " Act for the Explanation of One Statute, made in the Second tc SefTion of this prefent Parliament, intituled, An Act againfl " unlawful hunting and ftealing of Deer and Conies," as .relates to Deer, except fuch Part thereof as repeals any Part of the Statute of the Third of Jama, before-mentioned ^ .and [ 9 ] and alio, an Act, made in the Thirteenth Year of the Reiea of Kinp Charles the Second, intituled, " An Act " to prevent the unlawful couriing, hunting, or killing, or *« Deer;" as alfo, an Ait, made in the Third and Fourth Years of the Reign of their late Majefties King William and Queen Mary, intituled, " An Act for the more effec- *9 " tual Difcpvery and Punifhment of Deer Stealers ;" and alfo, an Act, made in the Fifth Year of the Reign of his late Majefty King George the Firft, intituled, " An "Act for making more effectual an Act of the Third " and Fourth Years of the Reign of King William and " Queen Mary, intituled, An Act for the more effectual c * Difcovery and Punilhment of Deer Stealers ;" and alio, an Act, paffed in the faid Fifth Year of the Reign of his late Majelly King George the Firft, intituled, " An Act for " the further Punifhment of fuch Perfons as fhall unlaw- «« fully kill or deftroy Deer in Parks, Paddocks, or other ** inclofed Grounds ;" and alio, fo much of an Ait, made in the Tenth Year of the Reign of his late Majefty King George the Second, intituled, " An Act for continuing an " Act for the more effectual punilhing wicked and evil-dii- " pofed Perfons going armed in Difguife, and doing Injuries " and Violences to the Perfons and Properties of his Ma- " jelly's Subjects, and for the more fpeedy bringing the *' Offenders to Juftice ; and for the continuing Two Claufes " to prevent the cutting or breaking down the Bank of any " River or Sea Bank, and to prevent the malicious cutting " of Hopbinds, contained in an Act, paffed in the Sixth ** Year of His prefent Majefty's Reign ; and for the more 20 '* effectual Punifhment of Perfons removing any Materials " ufed for fecuring Marfh or Sea Walls, or Banks, and " of Perfons malicioufly fetting on Fire any Mine, Pit, or " Delph, of Coal, or Cannel Coal, and of Perfons un- *' lawfully hunting or taking any Red or Fallow Deer in ■*' Forefts or Chafes, or beating or wounding Keepers or " other Officers in Forefts, Chafes, or Parks ; and lor the " more effectually fecuring the Breed of Wild Fowl," as relates to the Second Conviction of any Perfon or Perfons, for unlawfully courling, hunting, taking in Toyles, killing, •wounding, or taking away, any Red or Fallow Deer in any open or uninclofed Foreft or Chafe, or relates to beating or wounding Keepers, or other Officers, in Forefts, Chafes, or Parks j fhall be, and the fame are hereby refpectively IpreutBco ammgs, anrj be it further €nafteD, That no- thing contained in this Act ihall extend to that Part of Great Britain called Scotland. *-» %r> CD o £T n r^ 1-1 n < rt o. »5 •t ^— • SJ n PT 3 3* n £1 CTQ TJ o O S> c 3 •■*» C o a o> CD n> • o c *o CO D* 3 o < ja D D- 3 r* to if> n ^* O » L» ' ►t *-* n w «fe^£fe>!?B«ft!^^' rWVfck ^* J ^- S """^ ^'^~^'* / ^f&fofogfyM® •www wp j ay<«wB J3fc-t O T3 *n SI £L K- Jf c 5* DO D ^ D- fo o 2. :r S> 2» 3 = ° " hk »* :? a* §;* &» * « q s; o CO > 3 3 d* 3 C/5 (C ft u B I L L [With the Amendments] To explain and amend an Act, made in the Thirty- fecond Year of his late Majefty's Reign, intituled, " An Ad: for Relief of Infolvent Debtors, with refpecl to the Imprifonment of their Perfons ; and to oblige Debtors, who mall continue in Execution in Prifon beyond a certain Time, and c< for Sums not exceeding what are mentioned in <{ the Act, to make Difcovery of, and deliver, upon " Oath, their Eftates for their Creditors Benefit ;" and to prevent Actions being brought upon Judg- ments, without Leave of the Court or Courts wherein fuch Judgments (hall have been entered up refpe&ively. N. B. The Words printed in ISl&tk ILettCt, and between Brackets, thus [ ] , were left out by the Committee ; and the Words printed in Italic, between Brackets, and the Claufes at the End, marked A, B, C, D, ( which are intended to be infer ted as marked in the Bill) were added by the Committee. Note. — The Figures in the Margin denote the Number of th e Folios in the written Copy. WUl#3m~*K H E R E A S the Provifions made by an Act, *P^ ^"11 panned in the Thirty-fecond Year of his late Ma- X jk j e %' s R e 'g n > intituled, " An Adt for the Relief of )3f^ v WOk " Infolvent Debtors, with refpecl to the Imprifon- ^X'&M'&M << ment of their Perfons ; and to oblige Debtors, " who mall continue in Execution in Prifon beyond a certain A " Time, [ 2 ] ** Time, and for Sums not exceeding what are mentioned " in the Act, to make Difcovery of, and deliver upon Oath, " their Eftates for their Creditors Benefit," have been found, from Experience, to be in fame Refpects defective, and not fufficiently adapted to the Circumflances and Situation of the Perfons intended thereby to be relieved; which Defect, has, in a great Meafure, prevented many of the humane and lau- dable Purpofes of the laid Act from operating to good Effect : And whereas, by an Amendment thereof, much Benefit may arife to many Individuals, who are Objects of the greateft Companion ; and the Purport of the faid Act, with reipect to the Releafe of Debtors charged in Execution, may be more fully and effectually enforced, according to the true Intent and Meaning thereof: May it pleafe Your MAJESTY, That it may be Enacted ; And be it Enacted by the K IMG's Moil: Excellent Majesty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That from and after the [Twenty-fourth Day, of June One thoufand Seven hundred and Seventy-five'] next after the palling of this Act, if any Perfon, who is at this Time, or may hereafter be charged in Execution, in any Gaol or Prifon within that Part of Great Britain called England, for any Sum or Sums of Money not exceeding in the Whole the Sum of [Five hundred Pounds] or on which Execution or Executions there fhall at any Time remain due, to be made appear by Oath, a Sum or Sums of Money not amounting tc more than the Sum of [Five hundred Pounds] and he, fhe, or they, fhall defire to deliver up to his, her, or their Credi- tor or Creditors, who fhall have fo charged him, her, or them in Execution, all his, her, or their Eflate and Effects, for and towards the Satisfaction of the Debt or Debts where- with he, fhe, or they, fhall fo ftand charged, it fhall and may be lawful for any fuch Prifoner, who now is, or who, on or before the faid [Twenty-fourth Day of June] next after the paffing of this Act, may be fo charged in Execution, within [Six] Months after the faid [Twenty fourth Day of June] and for any fuch Prifoner who fhall at any Time after the faid [Twenty- [ 3 ] [Twenty-fourth Day of June] be fo charged in Execution, within [Six] Months after he or fhe fhall have been fo charged in Execution by his or her Creditor or Creditors, to exhibit a Petition to the next Aflizes, Great Seffions, or Quarter Sefiions of the Peace, which may be holden for the County, Riding, Divifion, City, or Liberty, within that Part of Great Britain called England, the Principality of Wale?, or County Palatine of Chefter, where, he, fhe, or they, mail be fo im- prifoned, in Manner and Form as is hereinafter mentioned. And be it further Enacted, That in every fuch Petition fo to be prefented to any of the faid Courts, fuch Prifoner fliall certify the Caufe or Caufes of his or her Imprifonment, and fliall therein fet forth all Matters and Things in like Manner and Form as is directed by the before-recited Act, for ex- hibiting any Petition to any Court of Law from whence the Procefs iffued upon which any fuch Prifoner was taken and charged in Execution. o And be it further Enacted, That no fuch Petition fliall be received by any of the Courts aforefaid, unlefs Proof (hall be made on Oath that fuch Petitioner did give, or did caufe to be given, or left, at his, her, or their mofl ufual Place or Places of Abode [One Month's) Notice in Writing at the leaf!, before the Time of prefenting iuch Petition, unto and for all and every the Creditor or Creditors at whofe Suit fuch Prifoner fliall ftand charged in Execution, or his, her, or their Executors or Adminiitrators, or to or for his, her, or their Agent or Attorney laft employed in any fuch Action, Suit, Caufe or Caufes, in cafe fuch Creditor or Creditors cannot be met with ; and fuch Notice fhall be figned with the proper Name or Mark of every fuch Prifoner, and fhall contain the Time when, and the Court to which, fuch Pri- foner doth intend to prefent his Petition, as the Cafe may be; and every fuch Notice fhall contain alfo a Copy of the Ac- count or Schedule, containing the whole real and perfonal Eftate of fuch Perfon intending fo to petition, and which he or fhe doth intend to deliver in to any fuch Court as aforefaid, other than and except the neceffary Wearing Ap- parel and Bedding of fuch Prifoner, and of his or her Fa- mily, with the Tools or Inftruments of his or her Trade or Calling, not exceeding [Ten] Pounds in Value of the Whole. And be it further Ena&ed, That an Affidavit of the due Service [ 4 ] Service of every fuch Notice as aforefaid (which Affidavit any Juftice of the Peace of any County, Riding, Divifion, City, or Liberty wherein fuch Notice fhall be given, is hereby authorized and impowered to take) fhall be delivered at the Time of prefenting fuch Petition, and fhall be openly read in the Court to which any fuch Petition fhall be ad- dreffed ; and if fuch Court fhall be fatisfied of the Regularity of fuch Notice, fuch Petition mail be received, and fuch Court mail, in a fummary Way, examine into the Matter of every fuch Petition, and hear what can or fhall be alledged on either Side, for or againft the Dilcharge of fuch Pri- foner or Prifoners who fhall fo petition, as the Cafe may be ; and upon fuch Examination, every fuch Court as afore- faid is hereby authorized and required to adminifter or tender to the Prifoner or Prifoners refpectively the fame Oath as is required to be taken by every Prifoner prefenting the like Petition, in Conformity to the Directions of the be- fore-recited Act of the Thirty fecond Year of King George the Second; and fhall alfo, in like Manner, adminifter or tender another Oath, to the Effect following; that is to day, " I A. B. do fwear, in the Prefence of Almighty God, '* That I have, neither directly nor indirectly, by myfelf, " by my Order, nor with my Permiffion, fuffered " any Diminution to be made in my Property, real " or perfonal, of which I have given an Account in " the Schedule delivered in to this Court, whereby " to have or accept any Benefit, Advantage, or Profit, '" to myfelf or my Eamily, or with a View, Defign, or " Intent to deceive, injure, or defraud any of my " Creditors to whom I am indebted ; nor have I " expended, or caufed to be expended, for my own " Ufe or Benefit, any Part of fuch Property, ex- '** cepting the Sum of [One Shilling] per Day, from " the Day on which I was charged in Execution, ** amounting in the Whole to the Sum of " So help me God." And every fuch Court as aforefaid is hereby refpedtively authorized and required to make fuch Order in the Premifes as to fuch Court lhall feem meet, and to proceed in the fame Manner concerning the Difchargc of any Prifoner or Prifoners from [ s ] from any Prifons within their refpective Jurifdi&ions, in refpect to all and every Matter and Thing thereupon required to be done, and to give the like Judgment, Relief, and Directions, relating thereto, as any Court out of which Procefs hath iffued againft any Prifoner is impowered and directed to do by the before-recited Act, fo far as the fame lliall not have been altered or amended by this prefent Act ; and every Or-der that fhall be made in the Premifes fhall be valid and effectual to all Intents and Purpofes, and the fame mall be made a Record of the Proceedings at fuch Affizes, Great SeiTions, or Quarter Seffions, as the Cafe may be; and a Copy thereof fhall from thence be transmitted to the Court or Courts from whence the Execution or Executions againft the Prifoner or Prifon- ers difcharged fhall have been iifued, figned by One of the Judges of Aflize, or Juftices of Great Seifions, or by [TWJ or more of the Juftices of the Peace, at their Quarter Seffions, as the Cafe may be ; which fliall become a Record of fuch Court or Courts, to be kept as fuch amongft the other Records thereof, and fhall be deemed and taken to be a full and perfect Satisfaction of all Judgments upon which fuch Prifoner fliall have been fo charged in Exe- cution. Clauses A and B to be here inferted. And be it further Enacted, That nothing herein contained fhall extend to alter or abridge anv of the Provifions made by the before-recited Act, whereby any Creditor is autho- rized and impowered to prevent the Difcharge of any Prifoner, under certain Conditions therein mentioned ; provided fuch Creditor lhall appear in Perfon, or by his Attorney, at the Time and Place fpecified in the Notice hereinbefore directed to be left with him or her, and fliall then and there enter into an Agreement, according to the Directions of the before- recited Act, for Payment of a weekly Allowance [of] [not exceeding] [Four Shillings] ; nor fliall any Thing in this Act extend to alter the Mode of Application prefcribed by the laid former Act to every Prifoner, who fliall thereby be en- titled to his Difcharge, on any Failure of Payment of fuch Sum or Sums of Money as fliall have been agreed to be paid by any Creditor, in order to continue his Prifoner in Execution ; but every Prifoner remanded to Gaol under the Authority of this Act, on fuch Account as aforefaid, fliall, in like Manner as is by the laid former Act directed [Lave B Liberty [ 6 ] lo Liberty to] apply for his Difcharge [tO tf)C CCUtt lt3r)CrC tf)C Shut, in toDJclj anp fitch ]£rifoncr ujall fie ehargcD in Cr- eation, teas COmmenCCO] and mall in all Things abide by the fame Rules, Orders, and Regulations, as are therein given for the Conduct of any Prifoner on fuch an Application. And be it further Enacted, That a Copy of the Agree- ment entered into by any Creditor, for the Payment of the laid weekly Allowance to any Prifoner, on his being re- manded to his Confinement, fhall be given to every fuch Prifoner, figned by One Judge of Affize, One Juftice of Great Seffions, or [\Tivo] Juftices of the Peace at their Quar- ter- Seffions, as the Cafe may be, before whom fuch Agree- ment fhall have been made, and the Original fhall be filed amongft the Records of the faid Court wherein fuch Agree- ment fhall have been entered ; and fuch Prifoner, upon any fubfequent Application for his Difcharge in Manner aforefaid, fhall produce to the Court or Judge to whom fuch Application mall be made, the Copy of fuch Agreement fo figned and de- livered to him. And be it further Enacted, That every Prifoner, who in- .II tends to exhibit a Petition under the Authority of this Act, fhall deliver, or caufe to be delivered [in COUl't,] fuch Pe- tition and Affidavit as aforefaid, to the Clerk of Affize, Clerk of Great Seffions, or Clerk of the Peace, as the Cafe may be (who are hereby reflectively required to receive the flime) on [or before'] the firft Day of holding fuch Affizes, Great Seffions, or Quarter Seffions ; and every fuch Clerk reflectively fhall, before the Rifing of the {firft] Court [(UUting; the fitting Of] [qfier] which he fhall have received fuch Petition and Affidavit) notify the Receipt thereof, and the Court fhall then appoint a Time, during fuch Affizes, Great Seffions, or Quarter-Sefiions, as the Cafe may be, for the Prifoner or Prifoners, and other Parties concerned, to attend the Hearing of fuch Petition. And to the End that every Prifoner claiming Benefit under this Art may be brought in due Time to that Court wherein he intends to exhibit fuch his Petition as aforefaid, Be it further Enacted, That every fuch Prifoner [Twenty-one] Days at leaft before the holding of any Affizes, Great Seffions, or 12 Quarter Seffions, as the Cafe may be, where he or fhe intends to exhibit fuch Petition, fhall deliver, or caufe to be delivered, to [ 7 ] to the Gaoler or Keeper of the Prifon wherein he or fhe fhall be charged in Execution, a Writing figned by him- felf or herfelf, or with his or her Mark affixed thereto, declaring the Time when, and the Court to which, he or fhe does intend to exhibit fuch Petition ; and fuch Gaoler or Keeper mall {Fourteen} Days at leaft before the holding of any fuch AfTizes, Great Seffions, or Quarter Seffions, as the Cafe may be, tranfmit fuch Writing to the Sheriff or Deputy Sheriff of the County, Riding, Divirion, City, or Liberty, to which fuch Prifon (hall belong; and fuch She- riff or Deputy mall, on Receipt thereof, by an Order in Writing figned by himfelf, direct fuch Gaoler or Keener to take, or caufe to be taken, all fuch Prifoners who mall havt delivered Writings in Manner aforefaid, to the Affizes, Great Seffions, or Quarter Seffions reflectively, according to the Notice or Notices given in fuch Writings ; and if by any Neglect, or Refufal of fuch Sheriff, Deputy Sheriff, Gaoler, or Keeper, any fuch Prifoner fhall be unable to exhibit his Petition to the Court in Manner hereinbefore directed, it fhall and may be lawful for fuch Prifoner, in like Manner as is hereinbefore directed, to exhibit his Petition at the next 1 3 enfuing Affizes, Great Seffions, or Quarter Seffions, and f"o toties quoties, as he fhall be prevented by any fuch Neglect or Refufal as aforefaid ; and every fuch Sheriff, Deputy Sheriff, Gaoler, or Keeper of any Prifon, reflectively, for every fuch Neglect or Refufal, fhall each and every of them forfeit and pay the Sum of [Fifty] Pounds to the Party ag- grieved, to be recovered by Action of Debt, Bill, or Infor- mation, in any of His Majeffy's Courts of Record at Wefl- minfter, if any fuch Offence fhall be committed out of the Principality of Wales, or County Palatine of Chefter ; and if within the Principality of Wales, or County Palatine of Chefter, then in fome Court of Record in the Principalitv of Wales, or County Palatine of Chefter, within the Jurifdiction ©f which any fuch Offence fhall have been fo committed, together with [Double] Cofls of Suit. And be it further Enacted, That if any Prifoner or Pri- 14. loners fhall caufe himfelf, herielf, or themfelves, to be taken to any Affizes, Great Seffions, or Quarter Seffions, without having conformed to, and aded according to the Directions of this Act, for the due Performance of all Matters and Things that are hereby on the Part of fuch Prifoner or Prifoners re- quired to be done and performed (except in Cafes of unwilfu! Miftake) [ 8 1 J Miftake") cr where he or fiie fliall refufe to take the Oaths, or to comply with the Orders made, then every fuch Prifoner fliall, in Confequence and by the Authority of this, or the before- recited Acf, be immediately remanded to Prifon, and fliall for ever lofe all Benefit and Advantage arifing from this Act. And be it further Enacted, That if any Prifoner as afore- faid Ihall deliver in any falfe or untrue Account of his or her Eftate or Effects, or fhall defignedly conceal, and not infert in the Schedule or Account he or fhe fliall deliver in and fub- fcribe as aforefaid, any Books, Papers, Securities, or Wri- tings, relating to his or her Eftate and Effects, with Intent :i c to defraud his or her Creditor or Creditors, and fliall be there- of convicted, on any Indictment found againft him or her in refpect thereof, he or fhe fhall fuffer the Pains and Penalties which by Law are to be inflicted en any Perfon convicted of wilful Perjury. And be it further Enacted, That the Expence of bringing any fuch Prifoner as aforefaid to the Affizes, Great Seflions, or Quarter Seflions, not exceeding [One Shilimg] per Mile, fliall be paid to the Gaoler, Keeper, or Officer, who fliall fo bring any fuch Prifoner, out of his or her Eftate and Ef- fects ; but if" the fame fliall not be fufficient, then fuch Ex- pence fhall be paid by the Treafurer of the County, Riding, Divifion, City, or Liberty, out of the Stock of fuch Countv, Riding, Divifion, City, or Liberty, as the fame fhall be allowed by any fuch Court [a*£ SfCrcfatD] before which any fuch Pri- foner fliall be brought. And be it further Enacted, That if any Creditor, after due Notice given as aforefiid, fliall neglect, by himlelf or herfelf, or by his or her Attorney or Agent, to attend at the Time and Place mentioned in fuch Notice, the Court fhall never- ;l6 thelefs proceed to the hearing and determining of every fuch Petition as aforefaid, and fliall give Judgment thereupon, as if fuch Creditor was perfonally prefent. And be it further Enacted, That in cafe any Prifoner fliall, by any fuch Court as aforefaid, be remanded to Prifon on Account of any involuntary Miftake or Error in the Pro- ceedings on the Part of fuch Prifoner [or for any other jujl Canfe, five and except any wilful Mijlake, NegleB, Refufal, or Fraud] it fhall be lawful for him or her again to deliver in the [ 9 ] the like Petition to any of the find Courts at the next enfuing Affixes, Great Seffions, or Quarter Seffions, as the Cafe may he, and fo toties quoties, under the fame Reftrictions and Limitations as are by this or the faid former A&. directed to be obferved and performed. Clauses C and D to he here mfertexh And be it further Enacted, That all Orders, Matters, and Things, by the before-recited Act directed to he obferved and performed, and not hereby altered or amended, ihail extend to every Perfon claiming or deriving any Benefit from, or m anywife acting under the Authority of this prefent Ac!, And whereas [of lal'J fpcai'5] a Practice has prevail: j of bringing Actions upon Judgments obtained in Courts of Law on Civil Procefs, to enforce the Payment of the Debts and j- Cofts recovered by fuch Judgment, whereby the [J^atttCSl Defendants [are grievoufly opprejj'ed, by the Payment of Double Co/Is, and} have been frequently thrown into Prifon for a Debt enlarged by the Accumulation of Cods [to fftStg t&Sfn the original %um, tofjfci) H$ been a grieucus ©pppSftm in ilianj? CafCfe] [in 'Cafes •where by Liz:- they could not have been imprifoned for the original Debt] Be it therefore Enacted, That from and after the laid [Tiveftty-foiirfh Day of June One thonfand Seven hundred and Seventy-five] next after the pafling of this Act, no Action or Suit at Law fha'l he. brought on any Judgment obtained in any Court of Law within that Part of Great Britain called England, without Leave firft had and obtained [in iHJtitiittff] From the Court wherein any fuch Judgment may have been entered up, any Law, Ufage, or Cuftom to the contrary thereof in anywife not- withstanding; and if any fuch Action ihail, after the laid [Twenty '-fourth Day of June] be brought by any Perfon or Perfons, contrary to the true Intent and Meaning of this Act, the Defendant or Defendants in fuch Action mall and may produce this Act as Evidence on his, her, or their Part ; and if the Plaintiff or Plaintiffs mail not prove, to the Satisfaction of the Court wherein fuch Action mail 18 have been brought, that fuch Leave as aforefaid was ob- tained prior to the Commencement of any fuch Action, then the Plaintiff or Plaintiffs therein ihail be nonfuited, and ihail pay to the Defendant or Defendants [Double] Coils of Suit. C Clause [ io ] Clause (A.) And whereas it frequently happens that Perfons confined in Prifon under an Arrejl for Debt, prior to any "Judgment obtained upon Procefs of Law againjl them, are willing and dtfirous to acknowledge the Debt and confefs Judgment, in order to prevent the Delay and Expence of a Trial ; Be it further Enacted by the Autho?ity a/ore/aid, That it Jljall and may be lawful for any Perfon or Perfons fo confined as afore- faid, and he, Jlje, or they, are hereby authorized and impow- ered, by Warrant of Attorney, to confefs Judgment on any Action or Actions, and caufe the fame to be entered up, in any Court wherein the faid Action or Actions Jhall have been brought by the Plaintiff or Plaintiffs againjl any fuch Perfon or Perfons ; and when the Judgment or judgments Jljall have been fo entered upi every fuch Perfon Jljall and may, after the firfi Four Days in the next Term, proceed to take the Benefit of this Act, and of the before-recited Act, in as full and ample a Manner, to all Intents and Purpojes, as if he, Jhe, or they had been charged in Execution : Provided always, That the Creditor or Creditors bringing fuch Aclion or Actions, at any Time before the Expiration of fuch Four Days of the next Term, Jljall and may have Liberty to apply to the Court wherein any fuch Aclion Jhall have been brought, to Jhew Caufe why fuch Judgment Jljall not be allowed ; and if it Jhall appear, to the Satisfaction ofj'uch Court, that J'uch Judgment was entered up with a Fiew or Intent to defraud any fuch Creditor or Creditors, or to prevent his, her, or their making proper Enquiries into the State and Condition of the Effects ofj'uch Perfon or P erfons fo confined as aforefaid, then it Jljall and may be lawful for any fuch Court to fit ajide the J'aid Judgment or Judgments, and to render the fame of no Effect. Clause (B.) Provided always, and be it further Enabled, That all Powers and Authorities, Orders and Directions, Benefits and Advantages, contained in this prej'ent Act, and the before-recited Act, Jhall extend and be conjlrucd to extend to every Perfon claiming Benefit of the faid Ads after the Confejfion and entering up of Judgment in Manner aforefaid (which Judgment Jhall not have been fit afide by the Court where fuch Aclion Jljall have been brought J in like Manner, to all Intents and Purpofes, as they can, may, or do, extend, or jhall be conjlrued to extend, to any Perfon claiming Benefit ofi the fame after having been -charged in Execution. Clause [ » ] Clause (C.) And be it further EnaBed, That if the Court before which ■any J'uch Prifoner Jl.mll be brought Jl:all, for any of the Caufes alledged in the faid recited Acls, or to obtain better Information, be of Opinion that a further Time Jhould be given for hearing the Parties concerned, it JJjall and may be lawful for any fuch Court to remand any Prifoner or Pri/bners, and direB him, her, or them, and the other Parties concerned, to attend on any other Day to be appointed by fuch Court, fame Time at furtheji within the Time of holding the next fubfequent Affizes, Great Se]/ions, or Quarter Sef/ions, as the Cafe may be. Clause (D.) Provided always, and be it further Enabled, That in all Cafes where it Jhall be made appear, to the Satisfaction of any Court before whom any fuch Prifoner or Prifoner s Jhall have been brought, that he,Jhe, or they, hath or have made over his, her, or their, EJlate or E feels, or any Part thereof, to any Per/on or Perfons whatfoever, with Intent to defraud his Creditors, fuch Prifoner or Pri/bners Jhall be forthwith remanded to Pri- fon, and Jhall loje all Benefit and Advantage arifing from this or the before recited Acl. *^l •§ g & 3 ft*— i < e £ 3 o 3 O n> -> 3 ~ ft i° 3- O 63 E i «< -i S n U J 3 3 > a. £> 5' o 3 O W cr re Q. C - 3 3> -t s n> i— i 5' 3" 3 n a o < "» >4 3 a? n w -: 5 Ol 3 S'S. S" o 2 ' 3 cl Crt 3 D 2, * r?<-S a- a o " E? 3 8> ►? - o ft LI. ' — ' CL, X ~~i ft iL w K' 4» -3 4 ^O -5 C. C — 32 - 2 rf g ^w a. » rr ft S-s ° C C ^_ ._ a. e 'a *2 a TO 3" p D ■ t O 3 n 3 § *" a. 2 cl n <■ ft k- • 3" < sri 1 3 cr 3 <"» 3 3 O Cl ft n 2 rf CL 3 5' o cr 1 O' 3 oq"X ^ 3 f^ M 5 - 2 3 3 3 ft E. CL 3 fi i >| Q. P 3 " a. ^ > 3"^ B B'g > ET w 3 »-* * tr f* cr > 3 3 CL 3 13 V3 r -3d •****• >%#* <# ^v HEADS O F A I L L To Relieve, upon Conditions and under Reftri&ions, Perfons called Protecting Catholic DirTenters from certain Penalties and Difabilities to which Papijls, or Perfons profeffmg the Popif Religion, are by Law JubjeEl. ■ T RECITES, that by divers Laws now in Preambles force concerning Papifts, or Perfons profeffing the Popiih Religion, diverfe Penalties and Difabilities have been impofed on fuch Per- fons, on account of certain Principles attri- buted to them, which are dangerous to Society, and repugnant to Political and Civil And that diverfe Perfons, who, according to the Laws now in being, are within the Defcription of Papifts, or Perfons profeffing the Popiih Religion, do not hold, and have protelled A againfr. ( 2 ) sgainft fuch Principles, although they continue to diiTent in certain Points of Faith from the Church of 'England, and are therefore called Protesting Catholic Dissenters.; and fuch Pcrfons are willing folemnly to proteft againft, and to declare, that they do not hold fuch pernicious Doctrines : t Aod that it is expedient that fuch Perfons, as (hall fo fo- lemnly proteft and declare againft their holding fuch Principles, although they fliai 1 continue to difient, in certain Points of Faith, from the Church of England, fhould be relieved from the Penalties and Difabilities to which Papifts, or Perfons pro- filing the Popifh Religion, or their Children, or Perfons educated in the Popifh Religion, are by Law iubject, except v.b thereinafter is excepted.: 31t t.G therefore CBliaScD, That from and after the making and paffingof the Act, the Oath of Allegiance and Abjuration and of Pi deflation and Declaration, thereinafter exprefted, may and (hall be adminiftered by any of the fame Courts, and may and fhall be regiltered in the fame Manner, and (hall give the fame Benefits and Advantages, and (hall be and operate to and for the fame Intents and Purpofes vvhatfoever, as in and by the Aft pailed in the Eighteenth Year of his prefent Majefty, is Enacted concerning the Oath therein prefcribed : And, that Lifts of the Perfons taking the Oath fhall be returned annually to the Clerk of the Privy Council. It is then enacted, that the Oath of, Allegiance and Abjura- tion and of Proteftation and Declaration lliall be in the Words following : " T A. B. do fincerely promife and fwear, That I will be " J. faithful and bear true Allegiance to Majefty ■*' and I do truly * ; and fincerely acknowledge, profefs, teftify, and declare " in my Confcience, before God and the World, that our " Sovereign is lawful and rightful ** of this Realm, and of all other JVlajefty J s Dominions " thereunto belonging : And 1 do folemnly and fincerely " declare, that 1 do believe, in my Confcience, that not any " Defcendants of the Perfon who pretended to be Prince of " V/ales during the Life of the late King James the Second, 44 and, after his Deceafe, pretended to be, and took upon " himfelf the Stile and Title of -King cf .England by the " Name of James the Third, or of Scotland by the Name of " James the Eighth, or the Stile and Title of King of Great *' c Britain, hath any Right or Title whatfoever to the Crown -"-of ( 3 ) * f of this "Realm, or any Dominions thereunto belonging : " And I do renounce, refufe, and abjure, any Allegiance cr -' Obedience to any of 'them : And I do fwear, that I will bear " Faith and true Allegiance to Majefty * c and will defend to the ut- " moft of my Power againft a!i traitorous Conipiracies and " Attempts whatibever, which fhall be made againft " Perfon, Crown, or Dignity : And I will do my utmoft ** Endeavour to dilclofe and make known to Majefty u and Succeiibrh, all " Treaibns and traitorous Cbnfpiractes, which I (ball know " to be again ft : And 1 do faithfully and fully pro- " mife, to the utmoft of my Power, to fupport, maintain, " and defend the Succeiiion of the Crown againft the " Defendants of the laid James, and againft ail other Perfon? " whatfoever; which Succeiiion, by an Act intitled, " An " Act for the further Limitation of the Crown, and better " fecuring the Rights and Liberties of the Subject," is, and " ftands, limited to the Princefs Sophia, Electrefs and " Duchefs Dowager of Hanover, and the Heirs of her Body " being Proteftants : And I do fwear, that I do, from my " Heart, abhor, deteft, and abiure, as impious and here- *< tical, that damnable Doctrine and Pofition, that Princes *' excommunicated by the Pope, or by Authority of the See " of Rome, may be depofed, or murdered, by their Subjects, M or any other Perfons whomfoever : And I do proteit and ** declare, and do folemnly fwear it to be mv moil firm and " fincere Opinion, Belief, and Perlualion, That neither the t*. Pope, nor any Prelate or Prieft, nor any Affembly of Pre- " lates or Priefts, nor any Ecclei'iaftical Power whatfoever, 44 can abfolve the Subjects of this Realm, or any of them, " from their Allegiance to his laid Majefty : And that no *' Foreign Church, Prelate or Prieft, or Affembly of Prelates '.* or Priefts, or Eccleliaftical Power whatfoever, hath, or •' ought to have, any jurikliction or Authority whatfoever *« within this Realm, that can, directly or indirectly, affect, *« or interfere with, the Independence, Sovereignty, Laws, * c Conftitution, or Government thereof, or the Rights, •" Liberties, Perfons, or Properties of the People of the laid *' ReJm, or any of them : And that no Perfon can be "*' abfolved from any Sin, nor any Sin whatever be for- ** given, at the Pleafure of any Pope, or of any Prieft, or " of any Perfon whomfoever ; but that Sorrow for paft " Offences, Refolution to avoid future Guilt, and Atone- " ment to God and the injured Neighbour, are indifpenfably ** requifite to obtain Forgivenefs of Sin : And that no ** .Breach of Faith with, or Injury to, or Hoftility againft, " anv ( 4 ) " any Perfon whomfoever, can ever be juftified, by Reafon, •« or under Pretence, that fuch Perfon is an Heretic or an " Infidel: And that neither the Pope, nor any Prelate, " nor any Prieft, nor any Afiembly of Prelates or Priefis, " nor any Ecclefiaftical Power whatever, can, at any Time, " difpenfe with, or abfolve Me from, the Obligations of " this Oath, or of any other Oath, or of any Compact " whatfoever : And I do alfo, in my Confcience, declare, " and folemnly i'wear, That I acknowledge no Infallibility r0uif0, For enabling Protefting Catholic Diflenters to ex- ercile Parochial or Ward Oiiices by Deputy. JproDifO, To exempt Protefting Catholic -Priefts from ferv* ing upon Juries or Parochial or Ward Offices. PrObifc, To enable Juftices of Peace to tender the Oath prescribed by the A3, to any Pcrfon going to any Place of Aifembly licenled by the Act. B }?roDifo> ( 6 ) prObifo, That the Laws in force for Frequenting of Divine Service on the Lord's Day, (hall continue in force againft Of- fenders, unlefs they come to feme Congregation or Aflembly permitted by this Aft, or by the Act of Toleration. PrOtiffO, That the Act (hall not extend to Perfons writing againft the Trinity. PrOlHfO, That no Benefit in the Act fhall extend to any Difienting Catholic Ecclefiaftic officiating in any Place of Con- gregation with a Steeple or Bell, or who (hall exercife any of the Ceremonies of his Religion, or wear the Habit of his Order, except within fome Place of Congregation licenfed by the Act, or in a private Houfe. JpCOtifO, That nothing therein contained {hall be conftrued to exempt any fuch Protefting Catholic Dilfenter, as aforefaid, from paying Tythes, or other parochial Duties, or any other Duties, to the Church or Minifter, or from any Prolecution in any Ecclefiaftical Court or elfewhere for the fame ; or to repeal any Part of the Statute made in the 26th Year of the Reign of his late Majefty King George the Second, intituled, «« An Act " for the better preventing of Clandeftine Marriages," or any Parts of any other Statute concerning Marriages ; or to give any Eafe, Benefit, or Advantage to any Perfon, who fhall, by preaching, teaching, or writing, deny or gainfay the Oath of Allegiance and Abjuration and of Protection and Declaration thereinbefore-mentioned, and appointed to be taken as afore- faid, or the Declarations or Doctrines therein contained, or any of them ; or to repeal or affect any Law now in force concern- in? the Rieht of Succeffion to, or the Limitation of the Crown : or concerning the Election of any Member or Members to ferve in Parliament ; or to enable any Perfon to fit in either Houfe of Parliament ; or to be of his Majefty's Moft Honourable Privy Council ; or to hold, enjoy, or exercife any Office, civil or military, unlefs duly qualified in the Manner now required by Law ; or to educate any Child a Pap i ft ; or to educate any Child, of Proteftant Parents, a Protefting Catholic DifTenter. |3>t0tril0, That nothing in the Act contained fhall make it lawful to found, endow, or eftablifh any Religious Order, or Society of Perfons bound by Monaftic or Religious Vows, within this Realm, or the Dominions thereunto belonging ; and that all Ules, Trufts, snd Difpofitions, whether of real or perfonal Property, which immediately before the paffing of the Act fhall have been deemed to be fuperftitious or unlaw- ful, (hall continue to be fo deemed and taken. JPrODifO, That nothing in this Act contained fhall extend, or be conftrued to extend, to that Part of Great Britain called Scotland. *e >o o !« X to w w 2 r o 7= § - -1 > > >—> h o to w a Co Co ►« h CO ~1 w >o ■^g & <§£> cSfe Sh eSfc sSlk c3»i t§£ ^9» «a£p qs 1 w w ^i? «st? •at? w c 35 s '88? «a;? ^ ]5 «3g» tj)g> CjigJ egg egg) cgg> egg) cjgj c9& eS2> <£ c3& cSfe c§& cS£> 3fe cS& yw» JGl w •as 3 w qc? sJf > fome of the Laws now in being, § ^Q relative to the Settlement of the Poor, have )8( & been found rather to have promoted than pre- 5£)S( &M vented unneceffary Removals, and to have, in a &$0§0O§()6( great Meafure, difcouraged Parifhes from grant- ing Certificates : jTor Remedy thereof, May it pleafe your MAJESTY, That it may be Enacled ; 8nD fjCit CnaftCB by the KING's Mod Excellent Majefly, by and with the Advice and Con- fent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of A the [»■■■] the fame, That fo much of the Statute, pafled in the Third and Fourth Years of the Reign of King William and Queen Mary, intituled, " An Act for the better Explanation " and fupplying the Defects of the former Laws for the " Settlement of the Poor," as Enacts, That if any Perfon, v.-ho lhall come to inhabit in any Town or Parifh, fhall be charged with, and pay his Share towards the Public Taxes or Levies of the faid Town or Parifh, then he mall be adjudged and deemed to have a legal Settlement in the fame, though no fuch Notice in Writing of the Houfe of his or her Abode be delivered and publifhed, as in the faid Act is required, fhall, from and after the , be and the fame is hereby accordingly. artD be it further. fEnaftetJ, That the Statute, paffed in the Ninth and Tenth Years of the Reign of King William the Third, intituled, "An Act for explaining an Act, made the " laft Seffion of Parliament, intituled, An Act for fupplying " fome Defects in the Laws for the Relief of the Poor of this "■ Kingdom," which Enacts, That-no Perfon or Perfons what- foever, who (hall come into any Parifh by any Certificate given under and by virtue of the Statute of the Eighth and Ninth Years of the Reign of King William the Third, fhall be adjudged, by any Act whatsoever, to have procured a le^al Settlement in fuch Parifh, unlefs he and they fhajl really and bona fide take a Leafe of a Tenement of the yearly Value of Ten Pounds, or fhall execute fome annual Office in fuch Parifh, being legally placed in fuch Office, fhall from and after the . be . and the fame is hereby IprotrioetJ alfcoags, ano be it hereby tDcclareu ano CnafteD, That no fuch Certificate as aforefaid fhall be conftrued to amount to a Notice in Writing, in order to gain a Set- tlement; nor fhall any Perfon reliding in any Parifh, Town- fhip, or Place, under any fuch Certificate, gain any Settle- ment by virtue of any Notice in Writing of the Houfe of his or her Abode, delivered to One of the Churchwar- dens or Overfeers of the Poor, according to the Statutes made in the Firft Year of the Reign of King "James the Second, and in the Third and Fourth Years of the Reign . of King William and Queen Mary. ana [ 3 ] 3nU 60 it further (JEnaficO, That fo much of the Statute, palled in the Twelfth Year of the Reign of her late Ma- jefty Queen A)ine % as Enacts, That if any Perfon fhall be an Apprentice bound by Indenture to, or fhall be a hired Servant to or with any Perfon whatfoever, who did come into or fhall refide in any Parifh, Townfhip, or Place, by Means or Licence of a Certificate given under, and by virtue of the Statute paffed in the Eighth and Ninth Years of the Reign of King William the Third, and not afterwards having gained a legal Settlement in fuch Parifh, Townfhip, or Place, fuch Apprentice, by virtue of fuch Apprenticefhip, Indenture, or Binding, and fuch Servant by any fuch Hiring, or Service, fhall not gain or be ad- judged to have any Settlement in fuch Parifh, Townfhip, or Place, fhall from and after the be and the fame is hereby accordingly. Tj •-I CD 5S O rt D D «-* TJ r» 2 o o o -I 3 ►f> *•" ~ 1 n 6i ~ f» o El) ^ 1 •-i e- sa' ■vj ! #-* •-i - 1 5^ o o •-< i-t CO • O 3 3 o o < f* x& o en r-t tT O o *-n w r r f* w^w ■SlkW i £& w-jvs? .srv^^ : B FOR Altering, explaining, and amending, feveral Acls- of the Parliament of Scotland, reipecling Colliers, Coalbearers, and Salters. Note. — The Figures in the Margin denote the Number of the Folios in the written Copy. $$H$#& ^ <£ & <£ 3 ©, by the Statute Law of Scotland, i? # as explained by the Judges of the Courts of Law ||p WL* !& there, many Colliers, and Coalbearers, and Salters, IL&^e,!! are in a State of Slavery or Bondage, bound to the w * w * w Collieries and Salt Works where they work for Life, transferrable with the Collieries and Salt Works, when their original Matters have no further Ufe for them : 9tltJ toftCteag Perfons are difcouraged and prevented from learning the Art or Bufinefs of Colliers, or Coalbearers, and Salters, by their becoming bound to the Collieries and Salt Works for Life, where they mall work for the Space of One A Year, [ = ] Tsar, hy Means whereof there are not a fufficient Number of Colliers, Coalbearers, and Salters, in Scotland, for working the Quantities of Coal and Salt neceffarily wanted, and many new-difcovered Coals remain unwrought, and many are not fufficiently wrought ; nor are there a fufficient Number of Salters for the Salt Works, to the great Lofs of the Owners, and Difad vantage to the Public: £fi<3 tdf}CVC£!0 the emancipating or fetting free the Colliers, Coalbearers, and Salters, in Scotland, who are now in a State of Servitude, gradually, and upon reafonabie Conditions, and the preventing others from coming into fuch a State of Ser- vitude, would be the Means of incneafing the Number of Colliers, Coalbearers, and Salters, to the great Benefit of the Public, without doing any Injury to the prefent Mafters, and would remove the Reproach of allowing fuch a State of Servi- tude to exiftin a free Country: May it therefore pleafe Your MAJESTY, That it may be Ena&ed ; 3tllJ fcC it (£naftCt! by the K IN G's Moil; Excellent Majesty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That from and after no Perfon, who fhall begin to work as a Collier, Coalbearer, or Salter, or in any other Way, in a Colliery or Salt Work in Scot' land, fhall be bound to fuch Colliery or Salt Work, or to the Owner thereof, in any Way or Manner different from what is permitted by the Law cf Scotland with regard to Servants and Labourers; and that they fhall be deemed free, and fhall enjoy the fame Privileges, Rights, and Immunities with the reft of His Majefty's Subjects, any Law or Ufage in Scotland to the contrary notwithffanding. IprO&iDCJJ al&aj)£i, That it fhall be lawful for all Owners and Lefiees of Collieries and Salt Works, and for Colliers, Coal- bearers, and Salters, to take Perfons bound by Contract or In- denture as Apprentices, to learn the Art or Bufinefs of Coal- hewing, Coalbearing, or making Salt, for any Term of Years permitted by the Law of Scotland with regard to Apprentices in other Arts and Myfleries. 3nU [ 3 ] 3n9 fee it further €naftea by the Authority aforefaid, That all Perfons under the Age of at the Com- mencement of this Act, employed as Colliers, Coalbearers, or Salters, in Scotland, {hall, alter 'ice fr< - and after the Commencement of this Act, be free from their Service and Servitude, and at Liberty to en mfelves as Servants or Labourers in any other Colliery or Salt Work, or in any other Kind of Labour whatever. 3nB &e it further ^naftC3 by the Authority aforefaid, That all Colliers and Salters in Scotland, above the Age of and under the Age of at the Commence- ment of this Act, after a Service of and all Colliers and Salters above the Age of but under the Age of i:t the Commencement of this Act, after a Service of and all Colliers and Salters above the Age of at the Commence- ment of this Acf, after a Service of after their having reipectively fufficiently inftructed a Ferfon as an Appren- tice in the Art or Myftery of Coalhewing, or making of Salt, of the Age of at leaft when fuch Inftrudtion fhall be perfected, mall be {ves from any other Servitude or Bondage to the Colliery or Salt Work to which they were bound. ' ^rOfciDCu" aritmgg, That every Collier or Salter claiming Liberty under the Authority of this Act lhall, prior to his being freed from his Servitude or Bondage, obtain a Decree of the Sheriff Court of the County in which he ref:des, finding and declaring that he is entitled unto his Freedom under the Authority of this Act. SntJ tie It CneftCB by the Authority aforefaid, That for the Purpofe of obtaining fuch Decree, it mall and may be lawful for the Collier or Salter claiming his Freedom, to prefent a Petition to the Sheriff Depute or Subftitute of the County where he refides, ftating his Claim of Freedom, and offering to prove the Facts which entitle him to it ; and the Sheriff Depute or Substitute is hereby authorized and required to order the Petition to be ferved upon the Owner, LefTee, or Over- feer of the Colliery or Salt Works to which the Petitioner is bound, and to order an Anfwer to be put in to the Pe- tition in Days after Service, ftating the Ob- jection or Objections to the Freedom claimed, if any fuch B are [ 4 1 are intended to be mnde -, and the Sheriff fliall thereafter proceed in a fummary Way, in taking the Proofs, and all other Procedure necefiary, until a Decree fhall be pronounced ; and if the Decree of the Sheriff (hall be againft the Pe- titioner, finding him not entitled to Freedom, it fliall neverthelefs be competent to fuch Petitioner, at any Period after the Expiration of to prefent a Second Petition, ftating his Claim of Liberty of new, and which fliall be proceeded upon in the fame Manner as .the former ; and if the Petitioner fails in obtaining a Decree for him on the Second Petition, he may, after the Expiration of from the Date of the Second Decree, prefent a Third Petition, which mail likewife be proceeded upon in the fame Manner ; and if he fails in obtaining Decree upon his Third Petition, he may prefent a Fourth -, and fo on, till he obtains a Decree declaring his Freedom; at leaft being expired after a Decree upon One Petition, before it fhall be competent to prefent another. IprOUiDCt) altuapg, ailH tlC it CnaftetJ, That a Collier or Salter claiming his Liberty under the Authority of this A (ft, his not having inftructed an Apprentice in Manner before di- rected, mail afford no Objection to fuch Collier or Salter ob- taining a Decree of his Freedom, if he fhall produce to the Sheriff a Writing, under the Hand of the Owner or Leffee of the Colliery or Salt Work to which he is bound, or of the Steward or Factor of the Owner, difcharging the Obligation upon fuch Collier or Salter to have inftructed an Apprentice in Manner before directed. SttD t»C it further OEnaftetl by the Authority aforefaid, That it fhall not be competent for either of the Parties to remove the Proceedings upon any fuch Petition into the Court of Seffion in Scotland by Advocation, or to complain of any Decree by Appeal or Sufpenfion, or to fue for Reduction of any fuch Decree ; and that every Decree upon fuch Petition, finding and declaring the Freedom of the Petitioner, fhall be final and conclufive againft the Perfon to whom the Pe- titioner was bound. 9tU> OC it further CtiafteD by the Authority aforefaid, That when Colliers or Salters obtain their Freedom under the Authority of this Act, their Wives and Children, and aJJ all others who make Part of their Family, and are Coal- bearers, or othervvife afiiftant to them, {hall likewife be free. 3nD t)C it fUrtbCt CnafteU by the Authority aforefaid, That all Coalbearers, Salters, and other Labourers in Col- lieries or Salt Works, who are bound to any Colliery or Salt Work in Scot/and, and do not belong to the Family of any particular Collier or Salter, mall, after Service from the Commencement of this Act, be free from their Service and Servitude, and at Liberty to engage themfelves as Servants or Labourers in any other Colliery or Salt Work, or in any other Kind of Work whatfoever. SUlQ tie it further CnafiteD by the Authority aforefaid, That from and after all Colliers and Salters then free, and all Perfor.s that may thereafter become Colliers and Salters, and all Colliers and Salters bound to any Colliery or Salt Work upon the faid from the Time of obtaining their Freedom under the Authority of this Act, (hall be entitled to the Benefit of an Act, made in the Parliament of Scotland in the Year One thoufand Seven hundred and One, intituled, *-* 5" fT) n CO J*. Pi > w »-t ft 3^ 3 n> CO O- *T3 O 5" C/5 n ►"h c/j • ft 5' C<3 3 O >i a » o^ *-• C3 3 *- • 3 o • w •*1 * :k.jts a^a. _ jj^a &<#*& sl^ka ^-J^ EMM*** f3 f •# CD fc> £3 t # f CJ f ** XX I BILL FOR Dividing and Inclofing feveral Open and Com- mon Fields, and other Commonable Lands and Grounds, within the Pariih of Wood- Jlone, in the County of Huntingdon. , !$ (t'irl CB 31 £=> there are feveral open and common Preamble. Fields, and other commonable Lands and Grounds, within the Parifh of Wood ft one ^ in the County of Hun- tingdon, containing by Estimation about Five hundred and Six Acres, which are Part Freehold and Part Copyhold : StttD Y0&CVC&S Carrier Thompfon is Lord of the Manor and of the Soil of Wood ft one aforefaid, and the Reverend Middkmore Ward, Clerk, is Re&or thereof, and in Right of the faid Rectory intitled to certain Glebe Lands, and to both Great and Small Tithes cf ^. every Sort and Kind, arifing, increafing, or happening within the A faid [ 2 ] faid Fields ; and the faid Carrier Thompjon, Thomas Vaughan, Efqujre, James Delarue, Efquire, William Edwards, Gentleman, and Others, are the Owners and Proprietors of the laid open Fields : StlJJ tttfjEttag the Lands and Grounds of the feveral Proprie- tors in the laid open Fields lie intermixed and difperfed, and are inconveniently fituated, fo that in their prefent Situation they are incapable of any considerable Improvement, and it would be ad- vantageous to the feveral Proprietors thereof, and Perfons intitied to and interefted therein, to have the fame divided and inclofed ; ^pCt the fame cannot be rendered effe&ual to anfwer the Intention of the Parties without the Aid and Authority of Parliament ; May it therefore pleafe Your MAJESTY, That it may be CttatttfJ; $Ut) t!C tt CnattCD, by the KING's moft Excellent Majesty, by and with the Advice and Con- lent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament aflembled, and by the Authority of the fame, That Commif- William Pyuell of Barnwell Cajl/e, in the County of Northampton, fioners. John Newton of La'tghton Bormjwold, in the County of Huntingdon, and George Maxwell of Folk/worth, in the faid County cf Huntingdon, Gentlemen, and their Succeffois, to be e : ected in Manner herein after- mentioned, fhall be and they are hereby appointed Com mifii oners for fetting out, dividing, and allotting all the laid open and common Fields and other commonable Lands and Grounds within the Parifh of JVoodflone aforefaid, and for putting this Act in Execu- tion; iuhject to the Rules and Directions herein after- appointed. $|0t)i&r& altDa^, attD be it tfttattCd, by the Authority afore- faid, Th;t no Perfon fha'l be capable of acting as a Commiilioner iu the Execution of any of the Powers given by this Act (except the Powers of giving and figning Notice of the Firft Meeting of the faid ( ommillioners, and of adminiftering the Oath herein after- direfted) until he mall have taken and lubicribed an Oath to the Effect lollowing : CommiiTion- er'sCuh. /A.V>. do fvear, That I will faithfully, impartial/)', and hone ftly, according to the befl of my Skill and Judgment, execute the Trufi repojed in me as a Commiffioner by virtue of an AB of Parliament < c far Dividing and Inclofing the Open Fields within the Parifb of f « Wo-d- [ 3 ] *' Wocdftone, in the County of Huntingdon/' without Vavcur or Affefiion to any Perfon whomfoever. So help me GOD. Which Oath it fhall and may be lawful for any One of the faid Commiffioners to adminifter, and he is hereby required to admi- nister the fame to any ether of the laid Commiffioners. SitTt) for the more certain Divifion of the faid Land c , JBt it Survey to be fllVt^Ct (JnatteD-, by the Authority aforefaid, That a true and made - diftindl Survey mail be made of all the faid open Fields and of the prefent inclofed Lands within the faid Parifh, before the or as foon thereafter as conveniently may be, by fuch Perfon cr Perfons as the faid Commiffioners, or any of them, fhall from time to time appoint ; and fuch Survey fhall be reduced into Writing, and the Number of Acres, Roods, and Perches belong- ing to each Proprietor in the faid open Fields and prelent inclofed Lands ihall be therein expreffed and defcribed, and fuch Survey fhall be laid before the laid Commiffioners, or any of them, at fome or One of their Meetings to be held in purfuance of this Acf. ^Obl'DCU altecl^g, aittl bC it CEnattCD, That no Perfon fhall gjjp** be capable of .idling as Surveyor for the Purpafes aforefaid until he fhall have taken and fubferibed an Oath to the Effect following : T A. B. do /wear, That I will faithfully, impartially, and hone/lly, •*■ according to the be ft of my Skill and Judgment, make a true and diftinff Survey of all the open Fields and prefent inclofed Lands with- in the Parijh of Woodftone, in the County of Huntingdon, and reduce the fame into Writing, and therein Jet forth the Number of Acres, Roods, and Perches belonging to each Proprietor in the J aid open Fields and prefent inclofed Lands, and that I will lay fuch Sur- vey before the Commiffioners appointed to put in Execution an Ac! of 'Parliament 4k for Dividing and lnclofng the Open Fields within the n Parifh of Woodftone, in the/County of Huntingdon/' purj'uant to the Directions of the faid AcJ. So help me GOD. Which Oath it fhall and may be lawful to and for any One of the faid Commiffioners to adminifter, and he is hereby impowered and required to adminifter the fame accordingly. -3ns [ 4 ] Power to make a Sur- vey. Notice of Meetings to be given. Fewer to adjourn. Election of Commiflion- ers. 2nt) tie it'ftltt^Ct CttaCtefc, That the faid Commillioners and the Surveyor or Surveyors appointed or to be appointed as herein before- mentioned, together with their and every of their Affiftants, Servants, and Peribns employed by them, fhall have and they are hereby veiled with full and free Power and Authority, at any Time or Times whatfoever, to enter into, view, examine, value, furvey, and admeafure, for the Purpofes of this Aft, as well the open Fields and Grounds hereby directed to be divided and inclofed as alio the ancient inclofed Lands within the faid Parifh of Wood- flone. SltlD be itfurttjei* tfttafteD, That the faid Commiflioners, or any of them, fhall and they are hereby required to give or caufe to be given public Notice in the Pariih Church of Woodjione aforefaid, upon fome Sunday immediately after Divine Service, and alfo by a Writing affixed on One of the Doors of the faid Church, of the Time and Place of their Firft and every fubfequent Meeting for the Execution of this Aft, at leaft Days before every iuch Meeting fhall be held (Meetings by Adjournment only excepted); and fhall then and from time to time afterwards adjourn themfelves to meet at fuch Place or Places as they the laid Commillioners, cr any of them, fhall from time to time think moil convenient for putting this Aft in Execution. IpJOfctuTt! altOS1?0» That if no more than One Commiffioner fhall attend at any Inch Meeting, the Commiffioner fo attending fhall have Power to adjourn fuch Meeting to fuch Time and Place as he fhall think proper. StoU bC tt flltt^Cr dfttaCtCD, That if any One or more of the Commiflioners herein before-appointed or to be appointed by virtue of this Aft ill all, before the Execution of the Powers and Autho- rities hereby in them repoied, die or lefule to aft, then and in iuch Cafe the furviving or other acting Commiflioners or Commif- fioner (if any be) or other-wife the Peribns interefted in the faid intended Inclofure, or the major Part of them in Number and Value, afTembled at fome Meeting to be held for that Purpoie, fhall from time to time, upon the Death or Refufal of fuch Com- miilioner or Commiflioners to aft, or as loon after as Occafion may require, and before any other Bufinels is proceeded upon in the Execut.on of this Aft, by Writing under his or their Hands or Seals or Hand and Seal, appoint One or more Commiffioner or -Corn m i (lion en- - , not interefted in the laid intended inclofure, in the Place [ 5 ] 'Place and Stead offuch Commifiloner or Com mi lli oners To dying or refilling to aft as aforefaid ; and every i\ich Commiffioner or Com- rmiflionersfo to be appointed fhall have the like Powers and Authorities by virtue of this Ait as the Commiffioner or Commiffioners in whole Place or Places he or they fhall fucceed was or were veiled with; provided that Notice be given in the parifh Church of Notice of Woodficne aforefaid, on lome Sunday immediately alter Divine Ser- vice, of the Time and Place of Meeting to choofe or appoint fuch -new Commiliioner or Commiffioners, at leaft Da) s before every fuch Meeting. $nfc bC It ftirtfjet* CltattCD, That the faid Commiffioners, or Allotment to any of them, fhall and may and they are hereby authorized the Reaor > and impowered, in the Firft Place, after Petting out public and private Roads, Ways, and Drains, as herein-after is mentioned, to allot and appoint unto and for the laid Middlemore Ward and his Succeffor?, Rectors of the faid Parifh of Woodfiom aforefaid, fuch Parcel or Parcels of the Lands and Grounds fo intended to be in- clofed as (Quantity, Quality, and Situation to be confidered) fhall in their Opinion and Judgment be equal in Value to and in full Sa- tisfaction and Compenfation for the Glebe Land in the faid Fields for G!ebe . now belonging to the Paid Rectory- and in the next Place to allot and appoint unto and tor the faid Middlemore Ward and his Suc- ceffors, Rectors of the faid Parifh of Woodfione, ib much of the faid Lands and Grounds fo intended to be inclofed as fhall (Quantity, Quality, and Situation confidered) be equal in Value to One Sixth Part of all the Refidue of the Lands lying within and Part of the faid open Fields fubject: to the Payment of Great and Small Tithes; md Tithes. which faid Allotment fo to be made as aforefaid fhall be accepted, and be in Lieu of and as a full Satisfaction and Compenfation for all Manner of Tithes whatsoever, as well Great as Small, belonging to the faid Middlemore pVard and his Succeffors, Rectors of the faid Parifh of Woodfione, arifing, growing, and renewing within the faid open Fields, the ufual and accuftomed Mortuaries, Eafier Of- ferings, and Surplice Fees only excepted. $B?obiDet} aU»a?& attD be ft CnafteD, That the Outermoft R e a r- S ai. or Ring Fences of the feveral Parcels of Land fo to be allotted to foment to be the faid Middlemore Ward and his Succeffors, Rectors as aforefaid, in Lieu of and as a Compenfation for Glebe Lands and Geat and Small Tithes, fhall be planted with young Quicks, which lhall be guarded by and with Pofts and Rails, at the Ex^ence of the Pro- prietors of the feveral Tithable Lands and Grounds to be inclofed by virtue of this Act, in fuch Manner as the faid Commi limners, [ 6 ] cr any of them, fiiall by their Award or Inftrumcr.t in Writing hereafcer mentioned afcrrtain, direct, and appoint; and that fuch Fences fhaJl for ever after the making thereof be main- tained and fupported by the Rector of the laid Parifh for the Time bung, or fuch other- Pcrfons and in fuch Manner as the faid Com- rniffioners, or any of diem, (hall by their laid Award orln- ftrument direct and appoint. Gu indo- #jGfeftc&-«lfo, ant) be it further cFnarteH, That all the old fures co re- inclofed. Lands within the (aid Parilh of Wood (lone, and every Part thereof, lhall remain, continue, and be charged and chargeable with the Payment of Tiches to the fud Middlemore Ward and his Succeffors, Rectors as aforefaid, in the fame Manner the lame now are, and as if this Act had not been made, unlefs the Proprietors ■ thereof, or of any Part thereof, fhall and do, before any Allotment lhall be made of any Part of the Lands hereby intended to be in- clofed, give Notice in Writing to the laid Comrniffioners or their Succeffors, or any of them, of his, her, or their Defire and Intention of having his, her, or their ancient inclofed Lands, or any Part thereof, within the faid Parifh of Woodjlone free and ex- onerated from the Payment of Tithes to the faid Middlemore Ward and his Succeffors, Rectors as aforefaid ; that then and in fuch unlefs fome Cafe it fhall and may be lawful to and for the faid Comrniffioners Allotment anc j tne j r Succeffors, or any of them, and they arc hereby inallbemade i • j j • j rf ' \r u m • J in Lieu authorized and required to atbgn, let out, allot, and appoint unto theiwaf. the faid Middlemore ff'ardand his Succeffors, Rectors as aforefaid, fuch Parcel or Parcels of his, her, or their Part and Share of the faid open Fields fo intended to be inclofed as (Quantity, Quality, and Situation confidered) fhall in the Opinion and Judgment of the faid Comrniffioners and their Succeffors, or any of them, be equal in Value to and in full Satisfaction and Compenfation for all the Great and Small Tithes belonging to the faid Middlemore Ward and his Succeffors, Rectors as aforefaid, arifing, growing, or renewing within fuch ancient inclofed Lands within the faid Pa- rifh of Woodjlone, for which the faid Allotment fhall be given and affigned ; which faid Lands fo to be allotted and affigned as afore- faid fhall be accepted by the faid Middlemore Ward and his Suc- ceffors, Rectors as aforefaid, and fhall be in Lieu of and as a full Satisfaction and Compenfation for all the Great and Small Tithes arifing, renewing, or increafing from, by, or out of the faid an- cient Inclofures for which Inch Lands fhall be reflectively given; and that from and immediately after the Execution o( the Award or Inftrument of the faid Comrniffioners, as after mentioned, all Right and. Claim to the Great and Small Tithes of fuch ancient in- clofed [ 7 ] clofed Lands, in refped of which fuch Allotments fhall be made and alligned as aforefaid out of the laid open Fields, fhall ceafe and be lor ever extinguished. SiltD 1>C it fUVtllCr C?naCtCi3, That the faid Commiflioners, or General AI. any of them (alter making the feveral Allotments herein di- otment reded to be firft made as aforelaid to the laid M'iddlemore Ward and his Succeflbrs, as Redors of the Parifh of Woodjlone aforeiaid) ll^all and may and they are hereby required and directed to divide, allot, Set out, and appoint fuch of the Lands and Grounds lying and • being in the faid open Fields fo intended to be inclofed as aforefaid as mail not be fet out for public Roads, Ways, and Drains, as after mentioned, unto and amongft the faid Carrier Thompfon, Thomas Vaughan, James Delaruc, William Edwards, and the leveral other • Proprietors and Peribns interefted therein, in Proportion to their feveral and lefpeclive Shares, Intereft, and Right in, over, and upon the faid open Fields, by fuch Ways and Means as to the faid Commiflioners, or any of them, fhall feem moft jult, leafonable, and expedient; in which Divifions and Allotments fo to be had and made due Regard fhall be had as well to the Quality as the Quantity, . Situation, and Convenience of the Lands and Grounds fo to be allotted and divided as aforefaid. $£0fcit)C& alfO, attt) t>C it CttaCtCtl, That all fuch Allotments Allotments to of the faid open Fields which fhall by virtue of this Ad be allotted be held by the . or appointed unto or in Right of any Freehold Lands within the ame enure * faid open Fields, er any of them, fhall for ever hereafter be deemed Freehold Land ; and that all fuch Allotments of the faid open Fields which fhall by virtue of this Ad be allotted or appointed .unto or in Right of Copyhold Lands or Hereditaments within the faid open Fields, or any of them, fhall be deemed Copyhold Lands. SttlD t>0 it lUXtytT CttattetJ, That all and every Leafe and Leafes at Leafes at Rack or extended Rent which fhall at the Time of the J^*' 11 ' Execution of the faid Award be fubfifting of all or any Part or Parts of the faid open Fields and prefent inclofed Lands within the faid Parifh of Woodflcne, or of the Tithes of the fame, or any Part thereof, and all Agreements at Rack or extended Rent for any Time or Term therein, fhall, immediately upon fuch Allotments and Divifion being made, and fuch Award or Inftrument being executed as aforefaid, or within any lefs Time that the laid Com- miflioners, or any of them, fhall by any Writing under their Hands and Seals appoint, ceafe, determine, and be void, the refpec- [ 8 ] refpcctive Owners or Proprietors of fuch Part or Farts of the faid open fields and prel'cnt inclofed Lands, or of the Tithes of the fame, or any Part thereof, who have made any fuch Leafe or Satfefaaion Leafes, or Agreement or Agreements, making fuch Satisfaction to foriieafcs 6 1:i? > lier > or tlicir u 'fp cc ^ ve L e allotted as aforefaid fhall abut or adjoin upon any boards, Freeboard belonging to the Proprietors of any Lands next adjoin- ing to the Lands hereby intended to be inclofed, the Pclon or Perfons to whom fuch Parcel of Land fhall be allotted, fhall and may and is and are hereby empowered co let up and erecl Gates or any other Kind of Fence in, over, and upon fuch Freeboaid, for preferring the Quickfets, Banks, Wood Plants, and other the Fences to be planted or fet up on fuch Parcel of Land, until fuch Time as the Owner of fuch Freeboard mall fufficiently, and at his own Expence have ditched, fenced, and mounded the fame Freeboard from the faid Parcel of Land adjoining there- unto. n or»gainft p^OfolDCD altOat% That nothing in trils Aft contained fhall the Boundary ex tend or be conftrued to extend to compel or oblige any of the .rences or . ± o j otherPariflies. faid Proprietors whofe Allotments or Shares upon the faid Divifion and Inclofure fhall lie and be fituate next and adjoining to any common Fields or inclofed Grounds, the Boundary of which is already fenced, to make or ered any Hedges, Ditches, or Fences next and adjoining to any Part of fuch Boundary Fence already made, for inclofing fuch their Allotments or Shares ; but that the ancient Mound or Fence, Brook or Rivulet, or other fufficient Fences which adjoin to fuch Allotments, fhall for ever be and re- main a Boundary Fence for the Purpoie of fuch Divifion, and ihall from time to time be maintained, kept, cleanfed, fcoured, and repaired by the refpective Owners thereof in the fame Manner as before the Paffing of this Ad j any Thing herein contained to the contrary notwithftanding. b °k Sh tT ^ ^ e ^ fa*$ er <£iwtteD ana 3©eclareD, That it fhall not Lane's? &c. ^> e lawful for any Perfon or Perfons to graze or keep any Sheep or Lambs ■ r «a' ] Xambsupon any of the Lands to be divided and allotted by virtue ■ of this Ad, or in any Lanes, Ways, or PafTages on either Side whereof any new Fences (hall be made, for the Space of Years after making the laid Award or Inftrument, unlefs the Party or Parties defirous of grazing or keeping fuch Sheep or Lambs (hall un'efsproper- firft make a good and fufficient Guard againft the Fence or Fences y guar e " of the Allotment adjoining, ib that no Damage may be done thereto. 3ttt> be it ftlttljer CSttaCtCtl, That from and immediately after Commiffion- the Palling of this Aft the faid Commi ffioners, or any of \ rs c ° ap P 0,nC , i n 1 1 r • • i t r, ■ • / „ r- t " e C-ourie of them, mail trom time to time order, direct, and appoint the Courle Hufbandry. of the Hufbandry that fhall be ufed in the Tillage Part of all the faid open Fields, until fuch Time as they (hall hive completed their faid Award ; and that all and every Perfons Eftate in the fame Fields (hall during that Space be liable and fubjed to fuch Direc- tions as the faid Commifficners, or any of rhem, (hall appoint, as well with regard to the flocking as to the ploughing, tilline, fowing, or .laying down the fame. Sttt) bC ft fUrtllCt CttatteD, That it (hall and may be lawful The Reflor to and for the faid Middlemore Ward and his Succeffors, Rectors as LeafeT^ aforefaid, by and with the Confent of the Lord Bifhop of Lincoln for the Time being, to grant any Leafe or Leaies to any Perfon or Perfons wbomfoever of the Lands or Grounds to be allotted to the faid Middlt more Ward and his Succeffors, in Ri°ht of the faid Redory, by virtue of i his Ad, or of any Part or Parts thereof, for any Number of Years., not exceeding Years, to be for Years, computed from the next after the Execution of the faid Award or Inftrument, fo as the heft and moft improved yearly Rent or Rents be thereby referved and made pay- able to the Redor of the faid Parifh of JVvodjiom for .the Time being and fo as the ufual Powers of Re-entry for Non- payment of fuch Rent or Rents, and fuch o'her necefLry Cove- nants be inferted therein as is uiual in Cafes of the like Nature, .and fo as the Leffee or Leffees in fuch Leafes to be named do ex- ecute a Counter-part of fuch Leafs or Leaies ; any Lav/, Ulage, or Cuftom to the contrary thereof in any- wife notwithftanding. 9nS be it further <£nacteD ant! declarer!, That he the faid Reaorex- Middkmore Ward and his Succeffors, Rectors of the Parifh of f m ^ d fr ? m u Wocdjlone aforefaid for the Time being, (hall be immediately upon andaloar!" the Execution of the faid Award or Inftrument, and for ever there- after, freed and exempt from finding, providing, 2nd maintaining D a Bull [ '4 ] Proprietors required to accept Allot- ments. a Bull and Boar, or either of them, Fear the Benefit of the Inha- bitants and Peribns occupying Lands and Grounds within the faid Parifh of H'oodjiom. $ttt) bC it ftlrtfyEV (FtiaftCD, That all and every Perfon and Ferions intitled to any Allotment or Allotments to be made as afore- faid, ihall and is and are hereby required to accept fuch Allotment or Allotments within the Space cf Calendar Months after the Execution of the faid Award or Inftrument, and public Notice given in the Parifh Church of Woodjione afoiefaid, on a Sunday immediately after Divine Service, and alio Notice in Writing af- fixed on One of the Doors of the faid Church for that Purpofe, figned by the faid Commiffioneis, or any of them, which Notice the faid Commiffioneis, or any of them, are hereby required to caufe to be fo publifhed and given ; and every Perfon or Perions vho mill neglect or refufe to accept of his, her, or their refpe&ive Allotment or Allotments within the Time herein before limited, (hall be totally excluded from any Eftate or Right of Common in any of the Lands or Grounds to be allotted to any ether Perlon or Peribns as aforefaid. Guardians are ^fjfciDCU atiM^, Slltl tt it tUXttyt €iia#C&, That the .Sp^ CrCd C ° Guardians, Committees, Hulbands, Truftees, or Attornies, or Per- fons ailing as Guardian?, Committees, Truftees, or Attornies for any Perfon being an Infant, Idcot, Lunatic, Feme-covert, or be- yond the Seas, or otherwife incapable by Law to accept any fuch Allotment, fhall be and they are hereby enabled and required to accept thereof for the Ufe cf every Perfon fo incapacitated, and fuch Acceptance fhall be as valid and effectual as if every fuch Perfon refpe&ively was capable of ailing for himfelf or herfelf, and had in Perfon made fuch Acceptance • any Thing herein contained to the contrary in any- wife notwithstanding. but their ^JObi&CtJ H£foC?tIjClCf& That the Non-claim or Non-accep- Non '^ C n pt \ tance of anv Guardian, Hufrand, Truftee, Committee, or Attorney ance (hall not - ' . * . * » . J prcjudicePer- fhall not exclude or prejudice the Claim or Acceptance of any In- fant, Feme-covert, or any other Perfon under fuch Disability or Incapacity as aforefaid, who ihall claim or accept after fuch Dis- ability or Incapacity fhall be removed, or cf any Perfon or Per- ibns intitled as Heir, or in Remainder or Reverfion after the Death of any Perfon dying under fuch Difability or Incapacity who fhall claim or accept within after his, i er, or their Right, Title, or Intereft fhall have defcended, vcfte ,1, or accrued. fons under any Incapa .city. I '5 1 Stub bC it farther (EttattCtl, That nothing in this Ad contained This Aa not ihall revoke, make void, alter, annul, or any-ways affed any ^iiforS^ Settlement, Deed, or Will whatfoever, or prejudice any Perfon or dement. Perfons having any Right or Claim of Dower, Jointure, Portion, Debt, Rent, Incumbrance, or other Demand out of, upon, or af- fecting any Lands fo intended to be inclofed as aforefaid, or any of the Meffuages, Cottages, or prefent inclofed Lands to be exchanged purfuant to this Ad, or any Part thereof (other than and except fuch Leafes or Agreements at Rack-rent as aforefaid) but that the Lands to be allotted, and the Meffuages, Cottages, and prefent in- clofed Lands to be exchanged in purfuance of this Ad, fhall im- mediately after the making l'uch Divifion and Allotments, and the Execution of the faid Award, go,- remain, and enure, and be held and enjoyed, and the feveral Proprietors to whom the fame fhall be allotted, and with whom the fame fhall be exchanged, fhall, from and immediately after the Execution of the faid Award, (land and be feifed and poffeffed thereof refpedively, to fuch and the fame Ufes, and upon fuch and the fame Trufts, and fubjed to fuch and the fame Wills, Settlements, Powers, Provilbes, Limitations, Re- mainders, Trufts, Charges, Rents, Incumbrances, and Demands whatfoever (except as aforefaid) as he, fhe, or they refpedively fhould and would have Hood feifed or poffeffed of and in his, her, or their Lands, Intereff, or Property in the faid open Fields, or in the faid Meffuages, Cottages, or prefent inclofed Lands (in re- fped or in lieu of which fuch Allotments or Exchanges fhall be reflectively made) in cafe this Ad had not been made; any Thing herein contained to the contrary notwithstanding. 8ttt> be it further CtiaftCtJ, That the Charges and Expences Ex P e»c« incident and attending the obtaining of this Ad, and -of making how t0 ^ the faid Survey, and of preparing and inroliing the faid Award cr pa ' Inftrument, and all other the Charges and Expences of the faid •Commiffioners, and other neceffary Expences about and concern- ing the Premifes, and the faid Inclofures and Allotments thereof, fhall be borne and defrayed by the Owners and Proprietors and Perfons interefted as aforefaid in the faid Lands and Grounds fo ap- pointed and intended to be inclofed (except the laid M'lddlemore .fVard and his Succcffors, Redors as aforefaid, in refped to the Lands and Grounds to be allotted and Provifion made to him in lieu of his fiid Glebe and Tithes) by an equal Found Rate, according to the Value of the Lands and Grounds each and every fuch Per- fon and Perfons fhall have allotted, afllgned, or exchanged to or with him, her, or them by virtue of this Ad, to be fettled, ad- jufted, and determined by the laid Commifiioners or their Suc- xeffois, '[ i6 ] ceffors, or any of them ; and that in cafe any of the Perfons aforefaid fhall refufe or neglect to pay his, her, or their Share or Proportion, Shares or Proportions of fuch Charges and Expences within the Time limited hy the laid Commiffioners or their Suc- ceffors, or any of them, to fuch Perfon or Perfons as they, or any of them, fhall appoint to receive the fame, then the laid Commiffioners or their Succeffors, or any of them, fhall and may and they are hereby authorized and required, by Warrant under their Hands and Seals directed to any Perfon or Perfons vvhomfoever, to caufe the refpective Proportions of fuch Charges and Expences aforefaid, which fhall not be paid according to fuch Directions as aforefaid, to be levied by of the Goods and Chattels of the Perfon or Perfons fo neglect ing or •refilling to pay the fame, rendering the Overplus (if any) on De- mand to the Owner or Owners ot fuch Goods and Chattels, after deducting the Colts of taking fuch or otherwife it fhall and may be lawful for the fa id Commiffioners or their Succeffors, or any of them, or any Perfon or Perfons authorized by them, to of the Premiies fo to be allotted or exchanged to and with fuch Perfon or Perfons refilling or neglecting to pay as afore- faid, and to the Rents and Profits thereof until thereby, therewith, or otherwife the Share or Shares, Proportion or Proportions of the faid Colts and Charges fo ordered and di- rected by the faid Commiffioners or their Succeffors, or any of them, to be paid by fuch Perfon or Perfons as aforefaid, and alfo all Colts, Charges, and Expences occafioned by or attending fuch of the Rents and Profits of the faid Premiies, fhall reflectively be fully paid and fatisfied. Powertobor- &ttt) \ttfyCtCES> feveral Perfons who fhall or may be intitled to .row Money. acce pt fuch Allotments as aforefaid may have Occafion to borrow Money to defray their refpective Shares and Proportions of the Charges and Expences incident to and attending the obtaining and executing this Act, and of inclofing their refpective Allotments, and cannot, by reafon of fome Settlement or other Diftbility, make an effectual Secur.ty thereof for the Money neceffiry to be bor- rowed for thofe Purpnfes ; JBt It ti)CVCfO?£ CFnafteD, by the Authority aforefaid, That it fhall and may be lawful to and for any of the Perlons to whom any Allotment or Allotments fhall be made by virtue of this Act, being Tenants for Life or in Tail, and alfo for the Trultees, Guardians, Committees, orAttornies, or any Perfon or Perfons acting as fuch, of any of the faid Owners and JPioprietors, being under Coverture ; Minors, Ideots, Lunatics, or .beyond [ '7 ] beyond the Seas, and to and for any Perfon or Perfons feifed or poffeffed of any of the faid Lands intended to be inclofed for any charitable Ufes, or upon any Truft, by and with the Confent and Approbation of the laid Commiffioners and their Succeffors, or any of them, fignified by Writing under their Hands and Seals, to charge the Lands and Grounds to be allotted to fuch Owners and Proprietors refpecfively by virtue of this Act with any Sum or Sums of Money for the Purpofes herein-before mentioned, not exceeding for every Acre of the faid Lands and Grounds; and for fecuring the Repayment of the laid Sum or Sums of Money, with Intereft, to grant, mortgage, leafe, or de- mife the Lands and Grounds fo to be charged unto any Perfon or Perfons who fhall advance fuch Money refpectively, for any Term or Number of Years, fo as fuch Grant or Demife be made with a Provifo or Condition to ceafe and be void, or with an exprefs Truft to be furrendered, when fuch Sum or Sums of Money, with the Intereft thereof, and the Charges occafioned by the preparing and executing fuch Security and of borrowing fuch Money reflectively, which fhall be afcertained therein, fhall be fatisfied and paid ; and do alfo contain a Provifo that the Premifes thereby mortgaged fhall not be liable at any particular Interval of Time to the Payment of any further Sum for the Arrears of Intereft than for in refpecl: of the Monies fo to be charged upon fuch Lands as afore- faid. 3ttD it t'0 i)Crel3£ further CttattCtJ, That all and every Perfon Secimtie. or Perfons to whom any Grant, Mortgage, Leafe, or Demife fhall £* r y Jj e tranf " be made by virtue of this Aft as a Security for any Sum or Sums of Money by him, her, or them lent and advanced on the Credit and for the Purpofes in this Act mentioned, or who fhall be in- titled to the Money thereby fecured, fhall and may from time to time by any Deed or Deeds, Writing or Writings, under his, her, or their Hand and Seal or Hands and Seals, to be executed in the Prefence of Two or more credible Witneffes, affign or transfer the fame Security or Securities, or the principal Money and Intereft thereby fecured, and all Benefit thereof, and all his, her, or their Right, Title, and Intereft in and to the fame, unto any Perfon or Perfons whomfoever, who may again in like Manner affign the fame, and fo tcties quotles ; and fuch Mortgagee or Mortgagees, Affignee or Affignees, his, her, and their Executors and Admini- ftrators, and all Perfons claiming under them or any of them, fhall and may ufe, take, and purfue all fuch lawful Methods, Courfcs, and Expedients in Law or Equity for recovering and obtaining Poifeflion of the Premifes fo to be mortgaged, demiled, or ailigned E as Ccmmlfflon- crstoaccoun:. •Power of Appeal. Saving to Lords of Manors. [ * ] w.aforefaid, in c.Ue of Nonpayment of riie principal Money and Intcreft ro be thereby fecured, or any Part thereof, as is or are ufed, taken, and purlued in other Cafes of the like Nature. Sttt) be it further (SnattCD, That the faid Cojnrmffioners and their Succeflors (hall and they are hereby required, at or before the Time of figning the laid Award, to deliver to the Proprietors, or to fuch Perfon or Perfons as they or the me& altoa^g, ana be it cfttatteD attn declared, That nothing in this Acl contained Ihall prejudice, leffen, or defeat the Right, Title, or Intereft of the faid Carrier Thompfon, his Heirs and Affigns, of, in, or to the Seigniories or Royalties, incident or belonging to the faid Manor of Woodflone, or any other Manor or Lordfhip, or reputed Manor or Lordfhip, within the Jurifdiclion or Limits whereof the faid Lands, Grounds, and Pre- mifes hereby direded to be inclofed, or any Part or Parts thereof, are lying and being, -, but that he the faid Carrier Thompfon, his Heirs t *9 ] Heirs and Affigns, as Lord or Lords thereof, fhall and may from time to time and at all Times hereafter hold and enjoy all Rents, Services, Courts, Perquifites and Profits of Courts, and all other .Royalties and Privileges to the Paid Manors or Lordfhips, reputed Manors or Lordfhips, or to the Paid Lord or Lords thereof, or any claiming under him or them, incident or appendant, belonging or appertaining (other than and except fuch Right cf Common as can or may be claimed by or belonging to him or them refpeclively as Lord or Lords, in, over, and upon the Lands and Grounds lb to be divided and inclofed as aforefaid) in as full, ample, and bene- ficial a Manner to all Intents and Purpofes as he or they ought or might have held and enjoyed the fame before the Patting of this Acf , or in cafe the fame had never been made. gating altDat0 to the KING'S moft Excellent Majesty, General Sa- his Heirs and Succeffors, and to all and every other Perfon and Per- vin S- ions, Bodies Politic and Corporate, his, her, or their Heirs, Suc- ceffors, Executors, and Admin iftrators (other than and except fuch Bodies Politic and Corporate, and fuch Perfon and Perfons, his, her, and their Heirs, Succeffors, Executors, Adminiftrators, and Affigns, to whom any Allotment fhall be made by virtue of this Act, and all Perfons claiming by, from, or under them, or any of them refpeclively) all fuch Eftate, Right, Title, and Intereft as they, every or any of them, had and enjoyed of, in, to, or out of the faid Lands and Grounds before the Palling of this Act, or could or ought to have had and enjoyed in cafe the fame had not been made; but no Perfon or Perfons, Bodies Politic or Corporate, his, her, or their Heirs, Executors, Adminiftrators, or Succeffors, ihall have Power to difturb any of the Allotments to be made ifi purfuance of this A&, but fhall accept the feveral Allotments which fhall be made, in Lieu of the Tithes, Dues, Payments, Lands, Com- mon Right, and other Intereft in the faid Lands and Grounds which he, fhe, or they would have been intitled to in cafe this Ad had not been made. t3 3* n 3 O § >H 3 § 5 ' 3 op *s. SO O" o r O £J 3 3 a. 1—1 a: CL- OT Inclc Field V o S3 J° ~"i pi ^ O 3 CL w OQ WW 5s O o 3 £ O S ^^ 3 J4 &> P~ a. 5" ^ o C/) n> O o o c 3 £. O 3 <-* 3" 2 » f-t d f ^5 5' r a, w ^^^^^©•••••••••••••ft*** 1 **®*® t •-..v B FOR The Payment of Cofts to Parties, and Charges to Conftables, Witneffes, and others, on Complaints determined before Juftices of the Peace out of Seflions ; for making a Conftables Rate ; and for the Payment of Charges to Witneffes and Profecu- tors of any Larceny or other Felony, in certain Cafes. Note. — The Figures in the Margin denote the Number of the Folios in the written Copy. 4N$®$£4$ ft) € E <£ 3 % by the Laws now m being, His i # # Majefty's Juftices of the Peace are not fufficiently * ® ^ authonfed, on Complaints that come before them Sm>«JI out of Seflions, to award Cofts againft either the ^was-af-aS p erfon or p er f ons complaining, or the Perfon or Perfons againft whom any Complaint is made, as to Juftice may appertain A May [ ■ ] May it therefore pleafe Your M A J E S T Y, That it may be Enacted : QllB tt it Ctttftetl by the KING'S Molt Excellent Majesty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, i;i this prefent Parliament affembled, and by the Authority of the fame, That in all Cafes whatfoever, where any Com- plaint fliall be made before any of His Majefty's Juftices of the Peace, i'-:r any County, City, Riding, Divifion, or Liber- ty, and any Warrant or Summons fliall iffue in confequence of fuch Complaint, that then it fliall and may be lawful to and for any Juftice or Juftices of the Peace, who fliall have heard and determined the Matter of the faid Complaint, to award fuch Cofts, and in Manner and Form, as to him or them fliall feem fit, as well to the Party injured, as alfo a reafonable Satisfaction for the Trouble and Lofs of Time of the Confrable and Perfons fummoned to appear, and appear- ing, to give their Evidence before fuch Juftice or Juftices : And in "cafe any Perfon, fo ordered by the faid Juftice or juftices of the Peace to pay fuch Sum or Sums of Money as aforefaid, fliall refufe or neglect, for the Space of Days, to pay the faid Sum or Sums of Money, it fliall and may he lawful for the faid Juftice or Juftices, by Warrant under his or their Hand and Seal, or Hands and Seals, to levy the laid Sum or Sums by of the Goods and Chattels of fuch Perfon fo refufing or neglecting. prCyiDCD nC\)Crtf>eiCf0, That upon the Conviction of any Perfon or Perfons upon any Penal Statute or Statutes, the faid Cofts, and Satisfaction for Charges, Trouble, and Lofs of Time, fliall be deducted by the faid Juftice or Juftices, according to his or their Difcretion, out of the faid Penalty or Penalties, and the Remainder of the faid Penalty or Penal- ties fliall be pud to or divided among the Perfon or Perfons, who would have been entitled to the Whole of the Penalty or Penalties, in cafe this Act had not been made. SllD tofjCtCasl Conftables, Headboroughs, and Tythingmen, are or may be at great Charge and Lofs of Time in do- in°- the Bufinefs of their Parilh or Townfliip, and in many Cafes are not fufficiently indemnified by the Laws now in being for the fame : T5e it t&etefOtC CnafietJ, That Conftables, Headboroughs, or Tythingmen, may, at going out of Office, produce their Account of all fuch Charges and Recompence for the Lofs of Time, in all fuch Cafes not hitherto provided £ 3 ] provided fur by the Laws heretofore made, or by this Act, to any of His Majefty's Juftices of the Peace in and for the faid County, Riding, Divifion, City, or Liberty ; and they, together with the Churchwardens, and Overfeers of the Poor, and other Inhabitants of the faid Parifh or Townfhip, (hall hereby have Power and Authority to make an indifferent Rate, and to tax all the Occupiers of Lands and Inhabitants, and all other Perfons chargeable by the Statute made in the Forty-third Year of Queen Elizabeth, concerning the Office and Duty of Overfeers of the Poor, within the faid Parifh or Townfhip ; which Account and Rate being approved of, and confirmed under the Hands and Seals of any Juftices cf the Peace as aforefaid, the faid Conftable, Headborough, or Tythingman,. fhall have Power, by Warrant under the Hand and Seal of One Juftice of the Peace, to levy by of the Goods and Chattels of any Perfon or Perfons refufing to pay the fame. 3nD be it flltt'oCt €nac£CtJ, That in cafe any Perfon or Perfons fhall find him, her, or themfelves, aggrieved by any fuch Account, Rate, or AfTefTment, or any Part thereor, or fhall have any material Objection to any Perfon or Per- fons being put on or left out of fuch Rate, or to the Sum charged on any Perfon or Perfons therein, or to fuch Account, or any Part thereof, or fhall find him, her, or themfelves aggrieved by any Neglect, Act, or Thing done or omitted by the faid Conftables, Headboroughs, or Ty- thingmen, or any of them, or by His Majefty's faid Juftices of the Peace, it fhall and may be lawful for fuch Perfon or Perfons, in any of the Cafes aforefaid, giving reafonable Notice to the faid Conftables, Headboroughs, or Tything- men, to appeal to the next General Quarter Seffions of the Peace for the County, City, Riding, Divifion, or Liberty, • where fuch Parifh, Townfhip, or Place lies ; and the Juftices of the Peace there affembled, are hereby authorifed and re- quired to receive fuch Appeal, and hear and finally deter- mine the fame, and may award and order to the Party for whom the Appeal fhall be determined fuch reafonable Cofts as to the faid Juftices fhall feem proper : PrOfoltSCD Qitua^g, That in all Cities or Liberties which have not Juftices of the Peace, it fhall and may be lawful for any Perfon or Perfons, in any of the Cafes aforefaid, where an Appeal is given by this A.ct, to appeal, if he, fhe, or they fhall think L 4 ] think fit, to the next General Quarter Sefiions of the Peace for the County, Riding, or Divilion, wherein fuch City or Liberty is fituate. 3nD tUl)CrCa0, by an Act palled in the Twenty-fifth Year of his late Majefty King George the Second, intituled, " An " A of Time, in attending Courts of Juftice, is a Difcouragement to the poorer Sort to appear as Witneffes againft Offenders, who thereby efcape the pub- lic Juftice, and the Punifhment due to their Crimes, it was enacted, That when any poor Perfon fhall appear on Recog- nizance in any Court to give Evidence againft another ac- cuied of i.ny Grand or Petit Larceny or other Felony, it fhould and might be in the Power of the Court, at the Prayer, and on the Oath of fuch Perfon, and on Confidera- tion of his Circumftances, in open Court, to pay unto fuch Perfon fuch Sum of Money, as to the faid Court fhall feem reafonable, fur his Time, Trouble, and Expence; which Or- der the proper Officer of fuch Couit is required to make out and deliver to fuch Perfon, upon being paid for the fame the Sum of Six Pence, and no more : SttlD [ 5 ] gtlti tofjCteaS the faid recited Acts of the Twenty- fifth and Twenty-feventh Years of his late M-ajefty King George the Second have been a great Encouragement towards bring- ing Offenders to Juftice, in all fuch Cafes as are within the Purview of the laid Statutes; but, neverthelefs, it has been found by Experience, that the faid recited Statute of the Twenty-feventh Year of his faid late Majedy, with regard to Perfons appearing on Recognizance in any Court to give Evidence as afcrefaid, extends only to fuch poor Perfons as fhall make Oath of their Poverty, fuch Court alfo confider- ing their Circumftances : 9tlQ tCfrCrca.S the faid Aft of the Twenty-fifth Year of his faid late Majefty, with regard to Profecutors, directs the Court to confider the Circumftances of fuch Profecutor, and alfo gives him Relief only where the Offender is con- victed : OnD ttlf/CtCaS it is juft and reafonable, and may tend in future to the due Profecution of all Offenders againfr. the Laws, that every Profecutor to Conviction, and every Per- fon (o appearing on Recognizance, fhould be allowed his reafonable Expences, and alfo, in cafe he be poor, a reafon- able Satisfaction for his Trouble and Lofs of T me ; and that fuch Allowance mould be made to Profecutors as afore- faid even though the Perfon fo accufed be acquitted : Pro- vided it fhall appear to fuch Court before whom the faid Prifoner fhall have been tried, that there was a reafonable Ground of Profecution : 15C it further CtiaftCD by the Authority aforefaid, That from and after the Day of it fhall and may be in the Power of the Court before whom any Perfon has been convicted, or in cafe it fhall appear unto the faid Court, that there was a reafonable Ground of Profe- cution, though fuch Perlon fhall be acquitted, of any Grand or Petit Larceny, or other Felony, to grant to the faid Pro- fecutor, upon the Prayer of fuch Profecutor, a Certificate of fuch Profecution, under the Hand of the Clerk of Afhze or his lawful Deputy, or the Clerk of the Peace or his lawful Deputy, as the Cafe may be, he receiving for the fame from the faid Profecutor the Sum of and no more. 3nD fce it (JBnaftCtJ by the Authority aforefaid, That from and after the Day of when any Perfon or Perfons fhall appear on Recognizance to give Evidence upon any Indictment for any Grand or Petit Larcenv, B or [ 6 ] or other Felony, it mall and may be in the Power of the Court, at the Prayer of fuch .Perfon or Perfons, to grant to him, her, or them, a Certificate that fuch Perfon or Perfons .10 has or have appeared on Recognizance in iuch Court to give Evidence, under the Hand of the Clerk of Aflize or his lawful Deputy, or the Clerk of the Peace or his lawful Deputy, as the Cafe may be, he receiving for the fame, from the faid Perfon or Perfons, the Sum of and no more. SnD b£ It dEna&etJ by the Authority aforefaid, That from and after the Day of His Majefty's Juftices of the Peace {hall, at every Quarter Seflions of the Peace wherein fuch Certificate or Certificates dull have been granted, or in cafe the fame (had have been granted at the Afiizes, then at the next Quarter SeiTtons of the Peace to be holden in and for the County, City, Riding, Divifion, or Liberty, either then examine into the faid Certificate or Certificates, in Manner as hereinafter is mentioned, or ap- point a Day or Days for the holding a fpecial Seflions for the Purpofe of examining the faid Certificate or Certificates, within the Space of after fuch General Quarter Seflions, at which Time or Times the Perfon or Perfons having fuch Certificate as aforefaid, fhall deliver in to the faid 1 1 Quarter SeiTions, or Special Seflions, his, her, or their faid Cer- tificate, together with an Account in Writing of the rea- fonable Expences he, die, or they, fhall have been put unto by Rcafon of the faid Profecution or the fdd Appearance on Recognizance, which faid Account the faid Juftices of the Peace, or any or more of them, fhall examine into, upon Oath, cr otherwife, and tax the fame as to them fhall feem meet, allowing to the laid Perfon or Per- fons fuch Sum of Money as they fhall think reafonable, not exceeding the Expences which it fhall appear to them that the (aid Perfon or Perfons was or were, bona fide, put unto by Reafon of the faid Profecution or Appearance on Recognizance ; and in cafe the faid Perfon or Perfons fhall appear to them in poor Circumftances, then it fhall and mav be lawful for the faid Juftices of the Peace to allow to the faid Perfon or Perfons a reafonable Satisfaction for his, her, or their Trouble and Lofs of Time, and the faid Juftices of the Peace may make out an Order, under the Hands and Seals of or more of them, upon the Treafurer of the County, Riding, or Divifion, for the Pay- ment [ 7 ] ment of the faid Sum of Money to the faid Perfon or 12 Peribns, upon being paid by him, her, or them, for the fame, the Sum of and no more ; and fuch Trea- furer is hereby authorized and required, upon Delivery of fuch Order, forthwith to pay unto fuch Perfon or Perfons authorized to receive the fame, fuch Sum of Money as aforefaid, and he (hall be allowed the fame in his Ac- counts. 3nD t)C it further <2£na&eD by the Authority aforefaid, That if any Action or Suit (hall be commenced againft any Perfon or Perfons, for any Thing done in Purfuance of this Act, the Defendant or Defendants in any fuch Action or Suit m,-y plead the General Iffue, and give this Act and the Special Matter in Evidence, at any Trial to be had thereupon, and that the fame was done in Purfuance, and bv the Authority of this Act ; and if it mall appear fo to have been done, the Jury {hail find for the Defendant or Defendants ; and if the Plaintiff (hall be nonfuit, or dif- continue his A&ion after the Defendant or Defendants fliall have appeared, or if Judgment fhr.ll be given upon any Verdict or Demurrer againft the Plaintiff, the Defendant and 1-^ Defendants (hail and may recover Cofts, and have the like Remedy for the fame, as the Defendant or Defen- dants hath or have in other Cafes by Lav/. I 3 p o o-^ Ct> 2 f» •-: O 3 o a O c B o n b* 5' oo3 f> co ct> w _,. 2 3 O osj §' en = VV " *< CO O c O ™ CO » b* o a o 3 O' CL. -> >*3 O- 3 g ° n f> 3 " _. O co ro ■J r» 3 i" O *T ~ ° o L_93 o c 3 B>B> ta ,-s (a co £. (J CT — . S i 8 ° <" » - ha ro -— . <-t r-»- *-* *"• CD tr 3 O Crq e. 3 ~? i-* <-f r* O co I W r r < -J • qg> <«% w c "J W "3? *as» d :. - a ■ i ■■ a ..-■...■ . __, j 52 ' ^ w -.S- : ;ff _S° '--' r B I L [With the Amendments] T O Promote the Refidence of the Parochial Clergy, by making Provifion for the more fpeedy and effectual building, re-building, or repairing, Parfbnage Houfes ; and for erecting or repair- ing other neceflary Buildings upon the Glebes belonging thereto. N. R. The Words printed in Italics, and between Brackets, thus [ ], iv ere infer ted by the Committee. Note. — The Figures in the Margin denote the Numbers of the Folios in the written Copy. g>£»>W3 € & <£ 3 §> many of the Parochial Clergy, for 5^ ^S Want of proper Habitations, are induced to refide "k ^ M ' at a Pittance from their Benefices ; by which Means 5BCJBC the Parishioners lofe the Advantage of their In- kjSQOOStjal ftrucfion and Hofpitality, which were great Ob- jects in the original Diflribution of Tythes and Glebes for the Endowment of Churches : Jfot Remedy whereof, A May [ 2 ] May it pleafe Your MAJEST Y, That it may be Enafted ; 9ttD be it eft for the fame, (hall be fooner paid and difcharged. Provided always, and thefe Prefents are upon this Condition, That if the faid A. B. and his SuccefTors fhall well and truly pay, or caufe to be paid, the faid Principal Money, and lntereft for t;,e lame, in Manner and at the Times aforelaid,' according to the true Intent and Meaning of the faid A o D °3 5 «-► 00 n cr v> -o 3c5: ? o Crq 3 O o n> o 3 -i — noq n ? ft ■ c M cr K. i — • 3 CfQ n> ■K o c cr c ■> a. 3" erg < -; o 5^8 3 o yo * V o Wo rrcrq 3 ° 3 -a 7T a> = . n 3 a Hi (T> 3 O n> o •-n s» i w cr CD > 3 — j o 3 3 r r g # • • $ ' • g B I L L [With the Amendments] FOR The better ordering of the Militia Forces in that Part of Great Britain called Scotland. "N. B. The Words printed in IBlacIt HettCr, and between Brackets, thus [ ], were left cut by the Committee ; and the Words printed in Italic, between Brackets, and the Claufcs at the End, marked (A), (B), (C), (D), (E), (F), were inferted by the Committee. Note. — The Figures in the Margin denote the Number of the Folios in the written Copy. 3§0^$0§0&(& HEREAS it has been found, from Experi- v* , *s ence, that the well-ordering and difciplining the >3( }& M*lk* a m England and Wales has efientially con- §& £& tributed to the Safety, Peace, and Profperity, of A/SQCOOSC t he United Kingdom : And whereas it would further contribute to the fame great and good Purpofes, if a well-ordered and well-difciplined Militia was eftablUhed in that Part of the United Kingdom called Scotland ; A And [ 2 ] And whereas the Laws for the Regulation of the Militia in Scotland are defective and ineffectual ; Be it therefore Enacted by the KING's Moft Excellent Majesty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament ailembled, and by the Authority of the fame, That all Ails relating to the Militia, in that Part of Great Britain called Scotland, mall, from the parting of this Ac!:, be, and are hereby [repealed.] And be it Enacted, That in that Part of Great Britain afore- faid, there (hall be [Six thoufand private] Militia Men [erdU* fiU£ Of SE>fSCCf0] in the Whole, chofen by Lot, who mall be armed and arrayed in fuch Manner, and according to fuch Rules and Regulations as are hereinafter expreffed. And be it further Enacted, That for the Purpofe of carrying this Act into Execution, His Majefty, His Heirs and Suc- ceffors, may and mall iffue forth Commiflions [to Commtffioners of a^ilitia, in each Countp, %tetoarrrp, ana IpIaCC] [of Lieutenancy for the feveral Counties and Stewar tries] within that Part of Great Britain aforefaid, and the refpe&ive [CommiffioncrS] [Lieutenants] thereby appointed, [or Of tfjem] fhall appoint [Five or more] Deputy [CoaimitftOn- etg at tljt leaft] [Lieutenants] if fo many Perlons, qualified as is hereinafter directed, can be found in each County [or] Stewartry [Of l^laCC] and if not, then mail appoint fo many Perfons, qualified as [aftltCfaiD] [hereinajter directed] as can be therein found, and fuch Number of other Perfons as fhall be requifite to make up the Number [of Five] who fhall be re- flectively qualified as hereinafter is expreffed ; and fhall slfo, [One Calendar Month] at leaft before the General Quarter Sef- iions to be held on the [Fiijl Tuefday in the Months of May a?td OSlcber] in every Year, caufe Advertifcments to be pub- lished in the Edinburgh Evening Courant [and Caledonian Mer- cury] and in fome other News Paper for fuch County or [Jpiace] [Stewartry] if any fuch there be, that all Gentlemen, willing to ferve as Officers in the Militia of fuch County or [Place] [Stewartry] fhall return their Names and Places of Abode, and Additions, to His Majefty's [Commifltoner* Of Syjllttiaj [Lieutenant of fuch County or Stewartry] fpecifying the Rank in which they are willing to ferve refpectively; and His Majefty's [CommifOtoncr or Commifficnerg Of S$U HXi&] [Lieutenant] of each of fuch Counties [anD l|21ace0] or [ 3 ] or [Stewartries] [of them] out of the Gentlemen fo offering to ferve, fhall appoint a proper Number of Lieute- nant Colonels, Majors, and other Officers, qualified as herein- after directed, to train and difcipline the Perfons fo to be armed and arrayed, according to the Rules, Orders, and Di- rections, hereinafter provided ; and (hall certify to His Ma- jefty the Names and Ranks of fuch Officers within [One Ca- lendar Month] after they (hall be fo appointed ; and in cafe His Majefty (hall, within [One Calendar Month~\ after fuch Certificate, fignify His Difapprobation of any fuch Perfon, His Majefty's^CommiffiOncrS Of 8£iUta] [Lieutenant] (hall not grant a Commiilion to fuch Perfon, but (hall grant Com- miffions to fuch Perfons fo appointed who (hall not be difap- proved of by His Majefty. And be it Enacted, That when [tfyt CoiUtllifiJOnCr Of] a [Lieutenant oj anf\ County [or] Stewartry [or J^lacc] (hall be abfent out of the Kingdom of Great Britain, or the Office of [Commifft'OnCt] [Lieutenant] (hall be vacant, it (hall be lawful for His Majefty to authorize and appoint under his Sign Manual [Three] Deputy [COttimifiJOncrg] [Lieutenants'] to grant Commiffions to Officers to ferve in the Militia for fuch County [or] Stewartry, [or l^lace] upon any Vacancy that (hall happen during the Abfence of the faid [CottimifllOnerSj [Lieutenant] or the faid Office (hall be vacant, in fuch Manner and fubjeft to fuch Approbation as aforefaid, and to proceed and do every other Aft neceffary or required to be done by His Majefty's [CflnittlifftOnCr] [Lieutenant] of any Ccunty [or] Stewartry, [or Place] for the carrying into Execution the leveral Powers of this Aft. Provided always, and be it Enafted, That no Deputation -of any Deputy [Commiffioner] ' [Lieutenant] nor any Com- xniffion of any Officer in the Militia, to be granted in pur- suance of this Aft, (hall be vacated by reafon of the Revo- cation, Expiration, or Difcontinuance, of the Commiffion by which fuch refpeftive [CcmmifllOnerS] [Lieutenant] or De- puty [CommiffionetS] [Lieutenant] (hall be appointed. And be it further Enafted, That each Perfon fo to be ap- pointed a Deputy (Comittifli'Otier] [Lieutenant] (hall be Pro- prietor and in PofTeffion of Lands in Scotland [f)0lDCn Cither of the Croten or of a %uujca, ano tialiteo in tfje Ccf0 O5OO&0 Of the COUntg UlhCrC the? lie atj [of tte yearly Value C 4 ] Value of Three hundred Pounds Sterling] or fhall be Superior of Lands yielding annually to the Superior net lefs than [Three fomdred Poun.is Steriihg] or fhall be Heir Apparent of fome l'crlon who frail be, in like Manner, Proprietor and in Pof- feflion of a like Eftate as aforefaid [BdUCD in the CcfS 1r300kS Of thC COimtJ? tgiae ft;?? ItC at] [of the yearly Value of Five hundred Pounds Sterling] or (hall be Heir Apparent of a Supe- rior of Lands yielding annually to the Superior not lefs than [Five hundred Pounds Sterling] : And each Perfon fo to be ap- pointed a Lieutenant Colonel fhafl be, in like Manner, Pro- prietor and in Poffeflion of a like Eftate as aforefaid, [tialuefc, aS afOtCfaiQ, at] [of the yearly Value of Three hundred Pounds Sterling] or ill all be Superior of Lands, as aforefaid, yielding annually to the Superior not lefs than [Three hundred Pounds Sterling] or (hall be Heir Apparent of fome Perfon who mail be, in like Manner, Proprietor or in Poffeflion of a like Eflate, [tialueTJ, as afOtCfaitl, at] [of the yearly Value of Six hundred Pounds Sterling] or fliall be Heir Apparent of a Superior of Lands, as aforefaid, yielding annually to the Supeiior not lefs than [Six hundred Pounds Sterling] And each Perfon fo to be appointed a Ma;or, or a Captain, fhall be, in like Manner, Proprietor and in Poffeflion of a like Eftate as aforefaid, [talUCO, ag afcrefaill, atj [of the yearly Value of Two hundred Founds Ste>ting~\ or fhall be Superior of Lands, as aforefaid, yielding annually to the Superior not lefs than [Two hundred Pounds Sterling] or fhall be Heir Apparent of fome Perfon who fliall be, in like Manner, Pfropritstor and in Poffeflion of a like Eftate, [tiaittCD, aS afOWfaiU, at] [of the yearly Value if Four hundred Pounds Sterling] or ihali be Heir Apparent of a Superior of Lands, as aforefaid, \ieluing annually to the Su- perior not lefs than [Four hundred Pounds Sterling] [Of fljall fee a younger %on of fome Ipcrfon tu&o fl;ati he, or at the Cime of ins SDeatn teas, in like fanner, Proper* etct ant» in V^offcuson of a lifec €£zte as aforef>:iO, tia* luen, as aforetaio, at dt ftall be a pcunrrer %on of fome perfon to r ;o fhall c r , cr at tht Cime of J»s ©eaih teas, in afec fanner, ^uperiot of llanos as aforefaio, ^icirjing annually to the ^uperfof not lefs than | And that e.ich Perfon fo to be appointed a Lieutenant fhall be, in like Mk'i ner, Proprietor and in Pof- feflion of a like Eftate as aforefaid, p&&$i, a.S afOtefafD, at] [of the yearly Value of One hundred Pounds Sterling] or fhall be Superior of Lands as aforefaid, yielding annually to the Supe- rior not lefs than [One hundred Pounds Sterling] or fhall be Heir [ 5 J Heir Apparent of ibme Perfon who (hall be, in like Manner, Proprietor and in Poffeffion of a like Eftate [tialUCB, 30 afOrC= faitl, at] [of the yearly Value cf Two hundred Potmds Sterling] or (hall be Heir Apparent of a Superior of Lands, as afore- faid, yielding annually to the Superior not lefs than [Two hundred Pounds Sterling] or (hall be a [gOUttgcr] Son of ibme Perfon who (hall be, or at the Time of his Death was, in like Manner, Proprietor and in Poffeffion of a like Eftate as aforefaid, [tiaiUCO, as afOrCfaiD, at] [of the yearly Value of Two hundred Pounds Sterling] or (hall be a [gOtWget] Sen of fome Perfon who (hall be, or at the Time of his Death was, in like Manner, Superior of Lands as aforefaid, yielding annually to the Superior not lefs than [Two hundred Pounds Sterling] And that iuch Perfon fo to be appointed an Enfign (hall be, in like Manner, Proprietor and in Poffeffion of a like Eftate as aforefaid, [ttallieO, a0 afCtCfait), at] [of the yearly Value cf Sixty Pounds Sterling] or (hall be Superior of Lands, as aforefaid, yielding annually to the Superior not lefs than [Sixty Pounds Sterling] or ill all be Heir Apparent of fome Perfon who (hall be, in like Manner, Proprietor and in Pof- leffion of a like Eftate [DaiiieD, a0 aforefaiD, at] [of the yearly Value cf One hundred Pounds Sterling] or (hall be Heir Apparent of a Superior of Lands, as aforefaid, yielding annually to the Superior not lefs than [One hundred Pounds Sterling] or (hall be a [pOMiger] Son of fome Perfon who (hall be, or at the Time of his Death was, in like Manner, Proprietor and in Poffeffion of a like Eftate as aforefaid, [ttalllCu\ ag afOtCfaiu", at] [of the yearly Value of One hundred Pounds Sterling] or (hall be a [geungCr] Son of fome Perfon who (hall be, or at the Time of his Death was, in like Manner, Superior of Lands, as aforefaid, yielding annually to the Superior not lefs than [One hundred Pounds Sterling : One Moiety] of which laid Eftates, required as Qualifications as aforefaid, (hall be (ituated or arifing within fuch relpective County [or] Stewartrv [fjt Place] in which he (hall be appointed to ferve. Provided always, That in fuch Counties [or] Stewartries, [or ^IaCC0] where [Five] Perfons cannot be found, qualified" as aforefaid, to a£t as Deputy [COUimifUCllCrS] [Lieutenants] His Majefty's [GEommiffioncr or CcmUliiSonerS] [Lieutenant] of fuch County [or] Stewartry, [or J^lacej after having ap- pointed fo many Perfons as can be found qualified as aforefaid, (hall appoint fuch Number of Perfons to be De- puty [Commiffi'Cnecg] [Lieutenants] as (hall be requifite to B make 4 [ tctuartrics, ana places, Inhere there is only SDne] [Lieutenant of each County cr Stewartry] with any [Two] Deputy [CommiffiOnerS] [Lieutenants] and on the Death or Removal, or in the Abfence, of His Majefty's [Commiflioner] [Lieutenant] any [Three] Deputy [CommiiUOnCrS] [Lieutenants'] at k the End of every [Four Tears] at their Annual Meeting, in cafe the Militia of fuch County [or] Stewartry [or Plate] fhall not be then embodied, and if they are then embodied, asfoon after they are difembodied as conveniently maybe, [Jhall] difcharge fome One Field Officer of each Battalion [or Corps] and fuch Number of Officers of each inferior Rank as fhall be equal to the Number of Perfons who fliall have given Notice [ 9 ] Notice in Writing to His Majefty's [Comnitfuor.Cr OC Bom* miffionCCg] [Lieutenant One Calendar Month] at leaft before luch Meeting, that they are willing to ferve a5 Field Officer?, Captains, Lieutenants, or Enfigns, as ' the Cafe may require ; provided that the Numher of Vacancies to be made mall not exceed [One Third] of luch Officers who (hall have ferced for the Space of [Three Tears] in each Rank refpe&ivcly : Provided that nothing herein contained fhall prevent any Officer, who has lerved [Four Tears] from ottering to ferve \~ in a higher Rank, if he be qualified as this Act requires; to ferve in luch higher Rank. 'o And be it Enafted, That it fhall be lawful for the [Com* - ttlifSonCt] [Lieutenant] of anv County [or] Stevvartry [or Place, in tuijicf) there i0 only ffl)ne Cotnmitfconcr, or for the Commifiioncr firff nameD in !t>x0 a^ajcflg'si Commtf* fion, toherc there are more, ant* for amj fitch Commif* fioner firft nameD for the Commifiioncr namcu m the %z* conn Place, ano fo on] to act as [a lieutenant Colonel of anp 15attali0n Of] [Commanding Officer of the] Militia, for luch County [or] Stewartry [or PiaCC, tilting UlCh CimC a0 there (hall not he ang JTiein SDfficer appointeo for the CommanD Of thC fame] according to the Eftablifhment here- inafter mentioned ; but no [Commiffioner] [Lieutenant] fhall, at any One Time, acl as a Lieutenant Colonel to more than One Battalion. And be it Enacted, That His Majefly, His Heirs and SuccefTors, may and fhall appoint One proper Peribn, who fhall have ferved for the Space of [Five Tears] in fame of His Majefty's other Forces for in ang Ccrp0 Of tfjiiitia that has fceen craton out ano cmhotuets for tht ^pace of ] to be an Adjutant to each Battalion [or JnUCpCnDant Com* pang] of Militia ; and fuch Adjutant [if appoint:!) OUt Of JptS a5aieGj)'0 Other jTorCCS] fhall, during his Service in the \6 laid Militia, preferve his Rank in the Army in the i'nne Manner as if he had continued in that Service ; and it fhall be lawful for His Majefty's [Commifuoncr or Commit ftonerg] [Lieutenant] of any County [or] Stewartry [or Place] to grant unto the Adjutant to each Battalion [or ^HDCpen» Oant Company] a Commiflion of Lieutenant, or any inferior Commiffion therein, although fuch Adjutant fhall not have an Eftate to qualify him for fuch Commiffion, as is required by this Ac!:: [Provided always, That no Commiffion Officer upon Full Pay in His Majejiy's Sea or Land Service, fhall be capable of holding a C Commiffion [ IO ] CtmmiJJion in the faid Militia, as long as he f:a!l hold Lis Full Pay.] And be it Enacted, That any Perfon who {hall quit his Half Pay to ferve as a Commiirioned Officer in any Battalion or Independant Company of the faid Militia (hall, upon his quit- ting the [faiUC] [faid Battalion or Independant Company] or upon the unembodying thereof, be reftored to his Half Pay, to re-com- mence from the laft. Quarter Day or Day of Payment next preceding. And be it Enacted, That the [Lieutenant] Colonel, or, • where there is no [Lieutenant] Colonel, the Commanding- Officer, of each Battalion of Militia, (hall appoint a Serjeant Major out of the Serjeants, and a Drum Major out of the Drummers, of fuch Battalion. And be it Enacted, That His Majefty, His' Heirs and 17 Succeflbrs, may and (hall appoint, according to the Proportion of One Serjeant to [Twenty] Private Men, [Two] or mere proper Perfcns to be Serjeants to every Company in the faid Militia, [who Jhall have Jerved jcr the Space of Three Tears in His Majejly's other Forces] and from Time to Time, till fuch Company ihall have been inrolkd, and formed for the Space of ['Three Tears, or. jhall have been in aSluat Service for the Space cf One Tear] when any Vacancies ffiall happen cf fuch Serjeants, fhall fill up fuch Vacancies, out ot His Majefty's other Forces, with fuch proper Perfons, who fhall have ferved in fuch other Forces for the Space of [Three Tears] next preceding. fuch Ap- pointment, or may appo ; nt fuch other Perfons to be Serjeants as have formerly ferved in that Capacity for the Space of [Six Tears] in His Majefty's other Forces [ot OUt Of. anj? Corps of anuria tijat bas oeen craton out ann erafcotJieO . for tfjC %paCC Of ] which Serjeants lb appointed . ffiall take the following Oath ', (that is to fay) " I A. B. do fincerely promife and fwear, That I will " be faithful, and bear true Allegiance, to His Majefty " King George, His Heirs and Succeflbrs ; and I do " fwear that I am a Proteftant, and that I will faith- " fully ferve as a Serjeant in the Militia, within the " Kingdom of Great Britain, for the Defence of the • " fame, untiL I ffiall be legally difcharced," .And [ " J And the Service in the Militia o'f fuch Pelfons (o appointed i3 cut of" His Majefty 's ether Forces, {hall entitle them to the Benefit of Chellea Hofpital, in the fame Manner as if they had continued to ferve in the laid Forces; and every Perfon ap- pointed to be a Serjeant out of the Per.lioners on the Eftablifh- inent of Chellea Hofpital, fhail be put again upon the laid •Eftablifhment alter he fhall be difcharged from the Militia, provided he brings a Ce;tificate of his good Behaviour, under the Hand of the [Lieutenant] Colonel or Commanding Officer .of the Corps in which he lhall have ferved. And be it Enacted, That after any Corps of Militia fhall have been inrolled, and formed for the Space of [Three Years] or fhall have been embodied, and called out into actual Service, for the Space of [One Tear) the Captain or Commanding Officer of ■ every Company of Militia, with the Approbation of the [Lieute- nant) Colonel or Commanding Officer of each Corps of Militia, mail appoint Serjeants out of the Private Men of fuch Regiment or Corps, to fill up fuch Vacancies of Serjeants as may happen therein, which Serjeants lb appointed lhall take the like Oath . as is hereinbefore required to be taken by Serjeants appointed by His Majefty (which Oath every Deputy Lieutenant, or Juftice •.of the- Peace, is hereby authorized to adminifter) : Provided 19 •.that no Perfon who (hall keep anv Houfj of public Entertain- . ment, or who fhall fell any Ale, Wine, Brandy, or other Spiri- tuous Liquors, by Retail, lhall be capable of being appointed or continuing a Serjeant in the Militia. And it lhall be lawful for the -Commanding Officer of any Corps of Militia, on the Application • of the Captain of a Company in fuch Corps, to difplace any Serjeant belonging to fuch Company: Provided that any Per- fon who fhall be appointed from His Majefty 's other Forces to be a Serjeant in the Militia, and fhall be difplaced as aforefaid, or fhall for any Miibehaviour be reduced into the Ranks, and fhall not, in One Month's Time after fuch Difplacing or Re- duction, be reftored, fhall be returned to the Company from which he was taken in His Majefty *s other Forces, and (hall there ferve as a Private Soldier ; and any Perfon who (hall be appointed a Serjeant in the Militia, oat of or from any Company of Militia, who fhall be difplaced as aforefaid, or fhall be reduced into the Ranks, for Miibehaviour, mail ferve, in the Ranks of uch Company wherein he ferved before fuch Appointment, for .fuch farther Time as lhall complete his [Three Tears] Service 2© as a Private Militia Man ; and in cafe there be no Vacancy in fuch [ '2 ] fuch Company, he fhall ferve in any other Company in the fame Corps. And be it Enacted, That the Captain of every Company (hall appoint Corporals out of the Private Men of his Company, in the Proportion of One Corporal to [Twenty] Private Men, and may dilplace fuch Corporals for Misbehaviour, and appoint others, as he fhall fee Occafion ; and fhall appoint [Troo] Perfons to be Drummers [or Fifers] to his Company, which Drummers or Fifers, when fo appointed, and having received Pay as fuch, fhall be deemed to be engaged, and compellable to ferve in the fame Corps until legally difcharged; and fuch Captain may difplace fuch Drummers or Fifers for Mifbehaviour, and appoint others in their room. And be it Enacted, That His Majefty's [COtttmiiSoncr 0t CommiCKonerflr] [Lieutenant] for any County [or] Stewar- try [Ot |£laCC] may and fhall appoint a Clerk for the Ge- neral Meeting within fuch County [or] Stewartry [or JpHacc] and may dilplace fuch Clerk, if he fhall think fit, and appoint another in his room ; and the Deputy LComnttffionCr0] [Lieu- tenants] within their refpective Subdivisions, or [the major Part] 21 of them prefent, may and fhall appoint a Clerk for their re- fpective Subdivifion, and may difplace fuch Clerk, if they or [the major Part] of them prefent fliall think fit, and appoint another in his room. And be it Enacted by the Authority aforefaid, That when any Battalion of Militia (hall be unembodied, the [Lieutenant] Colonel, or, where there is no [Lieutenant] Colonel, the Commanding Officer, of each Battalion or Corps of Militia, fhall appoint a Clerk to fuch Battalion or Corps, and may difplace fuch Clerk, if he fhall think fit, and appoint another in his room. And be it Enacted, That when any Corps of Militia fliall be drawn out into actual Service, and during the Time they fhall continue in fuch Service, the Commanding Officer of fuch Corps fhall appoint an Agent to fuch Corps, and fliall be accountable for, and make good, all Deficiencies that may happen in refpect of the Pay, Cloathing, or public Stock, which fhall be received by fuch Agent. And [ '3 ] 'And be it further Enacted, That the Number of Private Men to be raifed, by virtue of this Aft, in that Part of Great Britain calied Scotland, (hall be, For the County of Aberdeen [Five hundred and Fifty-one.] For the County of Air [Two hundred and Eighty.] For the County of Argyll [Three hundred and Fourteen.] For the County of Bute [Thirty-four.] 22 For the County of Banff [One hundred and Eighty -two.] For the County of Berwick [One hundred and Twenty.] For the County of Caithnefs [One hundred and Five.] For the County of Sutherland [One hundred.] For the County of Dumfries [One hundred and Eighty-eighth] For the County of Dumbarton [Sixty-fix.] For the County of Edinburgh [Two hundred and Eighty-fix.] [For the City and County of the City of Edinburgh, One hun- dred and Forty-three.] For the County of Elgin [One hundred and Forty-five I] For the County of Nairn [Twenty -f even.] For the County of Fife [Three hundred and Eighty-feven.] \ For the County of Kinrcfs [Twenty- three.] For the County of Forfar [Three hundred and Twenty-fix.] For the County of Haddington [One hundred and Forty-one.] For the County of Inverne.'s [Two hundred and Eighty-two.] For the County of Kincardine [One hundred and Nine.] For the Stewartry of Kirkcudbright [One hundred.] For the County of Lanark [Three hundred and Eighty-eight.] For the County of Linlithgow [Eighty.] For the County of Orkney and Zetland [One hundred and Eighty-three.] For the County of Peebles [Forty-two.] For the County of Perth [Five hundred and Sixty-four.] For the County of Renfrew [One hundred and Twenty-fix.] For the County of Rofs [Two hundred and Three.] For the County of Cromarty [Twenty-four.] For the County of Roxburgh [One hundred and Sixty-five."] For the County of Selkirk [Nineteen.] For the County of Stirling [One hundred and Seventy-fix.] 23 For the County of Clackmannan [Forty-three.] For the County of Wigton or Galloway [Seventy-eight.] And be it Enacted by the Authority aforefaid, That the Deputy [ComnuifionerS] [Lieutenants] of each County [or] Stewartry [or IpIaCC] or [any Three or more] of them, at the D lcaft, [ 1+ ] leaft, fhall hold [as many] General Meetings in [tf)C fit'C] \tBis .and every other~\ Year after [the faffing of this A£l] for e. County [or] Stevvartry [cr Place] aforefaid [anD QnZ fUCfc Ge- neral Meeting etiery j^car aftertoarns, for the purpefes hereinafter mentioneo, anD as many more fuch €>:v. Meetings in Cacb ^Car] ss fhall be neceffary for carrying this Act into Execution ; and of the Time and Place for holding each of fuch General Meetings [Twenty-one]' Days Notice, at the leaft, fhall be given in the Edinburgh Evening Coi:: Caledonian Mercury, and Edinburgh Advertiser, and alio in fome other weekly News Paper circulated in fuch County [cr] Stevvartry [or PI^CC] if any fuch there be; and that if it (hall appear to the Deputy [CommifilOnCL'S] [Lieutenants at General Meeting, or the major tart of them] that it will tend to the eafier Execution of this Act that there ihould be Sub- divifion Meetings, it fhall be lawful for them to divide the County [or] Stewartry [or place] into as many Diftricts as they 2 4 fhall think proper, for the Purpofe of fuch Subdivifion Meetings^ and in cafe of the County [or] Stewartry [or Place] being fo fubdivided, there fhall be [at Icaft] [as many] Meetings in [each of] fuch Subdiviiions Yearly [anD aS many more fUCh ^UODitiifiOn CgiCeting.3] as fhall be neceffary for carrying this Act into Execution ; and in order to conftitute a [%UuDit)iftCn peering a0 afcrefais, tfjerc ftjall he tDeputy €om= miffioners, or Deputy <£ommtwcncrs anD SDne 'lufticc of the ^eace, or £Dne Deputy Commifuoner anD Sufficed of tljc Peace for fuch County or place, at the leaft, prcfent at fuch ©u&5itri0on getting } anD any JDeputy Commtiu'oncr. or 3|uftice of the peace, for fuch County, ^rctoartry, or place, may aft in the execution of this Sft in eDery @>uoDitiifion therein, toith the fame Potoer anD authority as in the %uhDitiifion to tofjich he may &C particularly appOinteD] [General or a Subdivifion Meet- ing as aforefaid, Two Deputy Lieutenants and One '^jujlice of the Peace, or One Deputy Lieutenant and Two Ju/lices of the Peace, for fuch County or Stewartry, at the leajl, fhall be prcfent at fuch Meeting ; and the Juflices of the Peace in each County or Stewartry fall have the fame Power, with refpeSl to carrying this Acl into Execution, as is hereby given to De- puty Lieutenants in all Cafes whatfoever, except to conftitute a Meeting, there fhall be One Deputy Lieutenant at the leafl] And be it Enacted, That the Firft General Meeting in purfuance of this Act fhall be held on the .[Firft Tuefday m . ■ [ i5 1 the Month of Augujl One thoufand Seven hundred and Seventy- fix, and en the Thirtieth of Jlpril] in every [fubfequent] Year, or fo foon after as conveniently may be ; and that the Deputy fComittiflSonetS] [Lteutenants] or [any Three or more] of them, ai the leaft, prefent at fuch Annual Meeting, fhall, if it mail appear neceffary, appoint the Subdivisions, and the Times and •Places of holding the Firft Subdivilion Meeting, in each Diftrict 25 or Divifion in fuch County or (" jplacc] [Stewartry] for that Year, and mail require the [%Cffi01T Clerk] \ConJtable] in each Farifh within the County [or] Stewanry [or jj?laC£, Or ftlCf) other lpctfon0 as theg Hjail plcafc to appoint] to return to the next General Meeting (in cafe there be no Subdivilion made of the County [or] Stewartry [Ot Place] or, in cafe of fuch Subdivifion, to the Deputy [ComimOiQilCrS] [Lieutenants] at their refpedtive Firft Subdivifion Meetings) fair and true Lifts, in Writing, ot the Names of all the Men ufually, and at that Time, dwelling within their reipedtive Parilhes and Places, between the Ages of [Eighteen] and [Thirty] Years complete, diftinguifhing their reipedtive Ranks and Occupa- tions (and, where the true Names of fuch Perfons cannot be procured, the common Appellation of fuch Perfons fhall be fufficient) and which of the Perfons {o returned labour under any Infirmities incapacitating them from ferving as Militia Men, having firft affixed a true Copy of fuch Lift on the Door -of [tl)C] [every] Church [or] Chapel [and Place of public Worfoip] belonging to fuch Parifn [or l^iaCC] on fome Sunday Morning before they fhall make fuch Return, (which Sunday 26 fhall be [Ten] Days at the leaft before the laid Meeting) and alfo Notice in Writing, at the Bottom of fuch Lift, of the Day and Place of fuch General or Subdivifion Meeting refpedtively, and fhall then [and there] attend, and verify the Truth of fuch Lifts by them refpedtively returned, upon Oath ; and that all Perfons who fhall think themfelves aggrieved may then • [and there] appeal, and that no Appeal will be afterwards re- ceived. And be it Enacted, That no Peer of this Realm, nor any Perfon who fhall ferve as a Commiffion Officer in His Ma- jefty's other Forces, or in any one of His Caftles or Forts, nor any Non-commiffion Officer or Private Man ferving in any of His Majefty's other Forces, nor any Commiffion Officer ferv- ing, or who has ferved [Three Tears] [33 a JpritTCipal] in the Militia, nor any Perlon being a Member of any of the Univerfities, nor any Clergyman, nor any licenfed Teacher of any [ '& ] any feparate Congregation, nor any articled Clerk, Apprentice, Seaman, or tieataring Man, nor any Perlbn muttered and doing Duty in any of His Majefty's Docks, nor any [not pojj'ejfcd cf the Qualification ?ieceffary to enable him to be a Deputy Lieutenant or Commiffion Officer in the Militia'] who has a living Child [oi* <£ntlCrcn] born in lawful Wedlock, fhall be compelled to ferve perfonally, or provide a Subftitute to ferve, in the Militia. 27 And be it Enacted, That if fuch Deputy [COUtlUilSoneriS] [Lieutenants] or Juftices of the Peace fhall, at any General or Sub- divifion Meeting refpectively, receive Information, or mall fufpect, that any Perfon inferted in any Lift, defcribed as an Apprentice, has been fraudulently bound an Apprentice, in order to avoid ' ierving in the Militia, they, or any [Tu'c] of them, thai) in- quire into fuch Binding, and fummon Witneffes, and examine them upen Oath, touching the Matter in Queftion ; and if fuch Fraud fhall appear, they, or any [Tiro] of them, lhall appoint fuch Perfon fo bound Apprentice to ferve immediately in the Militia for the Parifh or Place for which fuch Lift lhall be returned, if there fhall be a Vacancy, and if not, then upon the firft Vacancy that fhall happen therein ; and the Perfon to whom fuch Apprentice fhall be fo bound fhall forfeit and immediately pay the Sum of [Ten Pounds Sterling] to be reco- vered in fuch Manner, and to be applied to fuch Ufes, as are hereinafter directed. And be it Enacted, That if any [©CfiiOtl <£lCt&, OX Otbtt ]0CCfOn] [Coiifiable] to be appointed as above to return the 28 Lifts for any Parifh or Place, fhall refufe or neglecl to re- turn fuch Lift?, or to comply with fuch Orders and Direc- tions as aforefaid, or fhall, in making fuch Return, be guilty of any Fraud or wilful Partiality, he fhall forfeit and pay any . Sum not exceeding [Twenty Pounds Sterling] to be recovered as hereinafter mentioned. And be it further Enacted by the Authority aforefaid, That any Perfon who fhall, by Gratuity, Gift, or Reward, or by Promife thereof, or [Of] [by] ;;ny urdue Means, or by Menaces, endeavour to prevail on any [^CiJKon Cletfe, Or Otljer IpetfOtl appOintCtl aS SfcCUC] [Ccnjicble] to make a falfe Return of any Lift for any Parilh [0? Plate] or to erafe or leave out of any fuch Lift the Name of any Perfon who ought to be re- turned ; or who fhall refufe to tell his Chriftian and Sirname, cr [ '7 ] or the Chriftian and Sirname of any Man lodging or refid- ing within his or her Koufe, to any Conftable [Of OttlEC £D(5tcec fiutf52ri?ei3 bp tfjfei 8ft to Dcmanti t&e fame] every fuch Perlon ihail forfeit and pay the Sum of ['Ten Pounds Sterling] to be recovered as hereinafter is exprefled. And be it Enacted, That if the Lift of anv Parifh or Place fhall be loft or deftroyed, the Deputy [CommiffiCUCrS] [ Lieutenants ] and Juftices of the Peace in [ tljC ] [ each jj Countv [or] Stewartry [Of place] or in the Subdivision thereof reflectively where fuch Neglect or Accident fliall happen, fhall caufe a new Lift for fuch Parifh (Of p!6CC] to be 29 made, and returned to them, in fuch Manner as the Lift loft or deftroyed was caufed to be made, and returned to them, by the Deputy [Commtfft'Onerg] [Lieutenants] at the General Meeting, or as near thereto as may be. And be it Enacted by the Authority aforefaid, That every Perfon liable to ferve in the Militia, having more than One Place of Relidence, fhall be deemed to refide or inhabit only in fuch Parifh [ot Place] where his Name (hall be firft returned in any Lift as aforefaid ; and the Clerk of the General or Subdivifion Meetings refpe&ively, where his Name fhall be fo returned, fhall grsnt him a Certificate thereof, upon Re- queft, without Fee, and fpecify the Time in which fuch Lift was returned, to enable the Deputy [CCtttltUffionCtfli] [Lieutenants] and Juftices to determine in which Parifh [ot ip>lacc] he fhall be deemed an Inhabitant for the Purpofe afore- faid. And be it Enacted by the Authority aforefaid, That the Deputy [Commiffc'OnCtg] [Lieutenants] and Juftices of the Peace in the refpective Counties [or] Stewartries [Of PlaCCS] or in the Subdivifions thereof, as the Cafe fhall be, after hear- 30 ing fuch Perfons who fhall think themfelves aggrieved by their Names being inferted in any fuch Lift, or by any others bein» omitted, fhall order fuch Lift to be amended, as the Cafe fhall require, and the Names of all Perfons by this Act exempted to be ftruck out of the faid Lift ; and after fuch Lifts are fo regulated, a fair Copy thereof fhall be made by the Clerk of each General or Subdivifion Meeting, and figned by the Deputy [CommiffiOllCfS] [Lieutenants] and Juftices, or [any Three or more] of them acting at fuch Meet- ing ; which Lifts, it made up at a Subdivifion Meeting, fliall E in t 18 ] in the Firft Year after [the faffing of this AB] forthwith be tranfmitted to the Clerk of the General Meeting for fuch County [or] Stewartry [Ot PlflCC] who fhall give a Receipt for the fame ; and the Clerk of the General Meeting for each County [or] Stewartry [or Place] fhall forthwith tranfmit fuch Lifts, or, in cafe of there being no Subdivifion, the Lifts made up in the fame Manner at the General Meeting of fuch County [or] Stewartry [or place] to His Majefty's [Commilfioner or dommilu'oners] [Lieutenant] of fuch County or [l£>laCC] [Stewartry] who fhall thereupon forth- with appoint a General Meeting of the Deputy [COltttnif- fiOHCrS] [Lieutenants] in fuch refpedtive County or [Jplace] [Stewartry] giving at leaft [Ten] Days Notice thereof in Manner 3 1 aforefaid; and [any Three] or more Deputy [CommiUlOnerS] [Lieutenants] fhall, at fuch General Meeting ib appointed, direct what Number of Private Militia Men mall ferve for each refpective Subdivifion, if any be within fuch County [or] Stewartry [or PlaCC] to which they belong, towards raifing the whole Number directed to be railed by fuch County [or] Stewartry [or place > ana ftjall alfa appoint proper Cimes ana places for boloing a ©econa ©ubuitiifion peering; in eaci) Diftrict or Ditiifion in fuel) County, ^tetaai'trp, Or place] where any Subdivisions are made as aforefaid; and the Clerk of fuch General Meeting fhall forthwith tranfmit an Account in Writing, figned by the Deputy [ComttlifUOnerS] [Lieutenants] or [any Three or more] of them prefent at fuch General Meeting, • to each Clerk of every Subdivifion Meeting in fuch County [or] Stewartry [ot Place] of the Numbers of Private Militia Men to be railed in fuch Subdivision. [ana be it further dEnaftea by tlje authority afotcfaia, Cfjat at ctocry JTtrfl ^ubaiaiuon meeting, tofjere any %ubuittifion0 are in cuecy ^car to be bcia, after tfje jFirft Pear from as foon as all appeals 3 2 againft tbe iLias are bcara ant> aetcrminca, ana all otber IBuuncfs finiujea, at fucb meeting, as is requirea by tbis aa, tbe 'Deputy Commiuioneriai ana Suffices prefent at fucb Resting frail appoint a @)econa e^ccu ing; in fuel) @>ubaiaifions.J And be it further Enacted, That the Deputy [Commff* COtierS'] [Lieutenants], and Juftices of the Peace [or the greater Part of them, as aforefaid, at a General Meeting, or] at their [refpefti&e [. '9 ] [tCfpCCttUC ^CCCltO] Subdivifion Meetings [where Subdivifwns (hall be made] as afbrefaid, fhall appoint what Number of Men fhall krve for each Parifh or [Place Ot] Parifhes [or plaCCS] when they (hall think proper to join Two or more together in fuch [County, Steivartry, or] Subdivifion [refpebliveiy] in Proportion to the Number appointed to ferve for the fame as aforefaid, and mall tranfmit an Account thereof, under their Hands, to the Clerk of the Peace, to be inrolled among the Records of [^JCffiOn] [the Quarter Sejjions] and alfo to the Receiver General of the Land Tax ; and fhall fix a Time and Place for holding a [ChirD] Meeting [in ftlCh %UuBiOiU0n] for allotting the Men, and fhall [iflue an £DrO€r] [ghe No- tice] to the [Conftaules, or other Officers] [Con/table] of each Parifh [or place toithin their refpettitie Ditiifions] [refpeclhely] of the Number of Men fo appointed to ferve for fuch Parifh or [Plate Or] Parifhes [or Places] and of the Time and Place for holding another [%U0DiBiU0n] Meet- -,% ing, for choofing the Men by Lot. [ann be it further CnaftetJ, Chat in fuch Counties, <%tctoamies, or places, touerc there are no ^ubDim* fions, the General sheeting appointco bp IMS sgajeflp's Commifitoner or Commifucners, as afjoue mentioned toith the Suffices of the Peace, (hall proceeo to appoint tohat Bumhsr of Q9en thall ferfcc for each parity or Place, or Parifhes or Places, ant> to a& in all iRe= fpefts in the fame fanner as the Deputy Commif- fioncrs ano 3|uaices of the peace are oirefteo to 00 in fuch Counties, ©tetoartries, anD Places, to&ere there are %ubotoiuons.] And be it further Ena&ed, That at fuch fubfequent Ge- neral or Subdivifion Meeting refpedtivelv appointed as above, any [Three or more] Deputy [CommiffiOnetS] [Lieutenants] and Juflices of the Peace as aforefaid, fhall caufe the Num- ber of Men appointed to ferve as aforefaid, except as herein- after excepted, to be chofen by Lot out of the Lifts returned for fuch Parifh or [Place or] Parifhes [or Places] and fhall again appoint a General or Subdivifion Meeting, within the 34, Space of [One Calendar Month] for fwearing and inrolling the Men. and fhall iffue an Order to the [ConflaOlCS, Or Other HDSCCrSl [Conjlable] to be appointed for each Parifli [or Place] to give at leaft [Ten] Days Notice to every Man fo chofen, or leave [ 2 o ] e tlic fame at his Place of Abode, to appear at fuch Meet- ing, and be fworn in and totalled. Provided always, and it is hereby Enacted, That it fhall not be lawful for any Perfon to contract or agree with any Perfon, for any Sum or other Conftoeration, to indemnify or inlure any Perfon, liable to ferve in the Militia, againft fer therein, or in like Manner to contrail or agree to provide a Subftitute for any Perfon who may be chofen by Lot to in the Militia, or to pay the Penalty of [Ten Pounds Sterling] by this Act laid on any Perfon chofen by Lot to ferve in the Militia, who fhall refufe or neglect to appear, and take the Oath, and ferve in the Militia, or provide a Subftitute ; and if any Perfon (hall offend herein, fuch Perfon (hall, for every 35 fuch Contract, Undertaking, or Agreement, forfeit and pay the Sum of [One hundred Pounds Sterling] to be recovered and dif- pofed of as hereinafter is directed. Provided that nothing herein contained fhall extend to prevent any Perfon, who (hall have been choien by Lot to ferve in the Militia, from procuring, by' himfelf or others, a proper Perfon to ferve as his Subftitute : Provided alio that nothing in this Act fhall extend to prevent Perfon s of the fame Pari(h [fjt plSCC] or of [TW0] or more added together, from entering into Subscriptions amongft themfelves for paying jointly for Subftitutes, who may be provided for fuch of the Subfcribers on whom the Lot may fall. And be it further Enacted, That at the faid General or Subdivilion PVIeeting refpectively, appointed as above, for [CljOOfing] [ [wearing and enrolling] the Men flip Lot] the Conftable [ot Otftet fUClj IlfeC ©fficec] of each Parifh [or jplaCC] (liail attend, and make a Return upon Oath of the Days when fuch Notice was (erved or left as aforefaid ; and every Perfon fo chofen by Lot fhall, upon fuch Notice, ap- pear at fuch Meeting, and, in cafe of his choofing to ferve •56 in Perfon, there take the following Oath ; (that is to fay) " I A. B. do fincerely promife, and fwear, That I will " be faithful, and bear true Allegiance, to His M:i- " jelly King George, His Heirs and Succeffors ; and I " do fwear that I am a Proteftant, and that I will " faithfully ferve in the Militia, within the Kingdom " of Great Britain, for the Defence of the lame, during " the [■ «. ] tiro Time for which I am iurolled, unlefs I (hall be " fooner difcharged (which Oath any One Deputy [CommtCTtOnCr] [Lieutenant] or Juftice of the Peace is hereby authorized to adminifter) and fhall be inrolled to krve in the Militia of fuch re- fpe&ive County [or] Stewartry, [C'C JplaCC] as a Private Mi- litia Man, for the Space of [Three Tears] [(toitl) t\)Z (Exception tO bt aftCttO&ttJ0] ['(except as hereinafter is] mentioned) in a Roll to be then and there prepared for that Purpofe, or (hall provide a fit Pcrfon, to be approved by any [Three cr more] Deputy [Commiffionerg] [Lieutenants] or Juftices of the Peace as aforefaid, at fuch Meeting, to ferve as his Subtlitute, which Subflitute, fo provided and approved, (hall take the Oath, and fign on the faid Roll his Confent to ferve as his Subflitute during the faid Term ; and if any Perfon, fo cho- fen by Lot to lerve in the Militia, (hall refufe or neglect to ?j take the faid Oath, and ferve in the Militia, or provide a Subflitute to be approved as aforefaid, who fhall take the faid Oath, and lign his Confent to ferve as his Subflitute, every Perfon fo refufing or neglecting fhall forfeit and pay \Ten Pounds Sterling] and at the Expiration of [Three Tears] be liable to lerve again or provide a Subflitute j and the Clerk of each Subdivifion Meeting [(if ailg 6C)] [{where Subdivi/ions are appointed)] mall make and fend a fair Copy of fuch Roll of the Names of the Men fworn to ferve in fuch Militia, and for what Parifhes [or PlaCC0] refpedtively, fign'ed by the Deputy [CommiftUme'iS] [Lieutenants] or Juftices of the Peace, or [Three] of them at the lead, prefent at fuch Subdivifion Meeting, to the Clerk of the General Meeting. And be it Enacted, That all Sums of Money arifing by Forfeitures paid by, or levied upon, Perfons refufing to ferve in the Militia perlonally or by Subflitute, fhall be applied in the Firft Place, by any [T'kree or more] Deputy [COITUTUf* fionCC0] [Lieutenants'] or Juftices of the Peace as aforefaid, within the refpective Counties [or] Stewartries [ot jj9IaC£0] or Subdi- viiions thereof, as the Cafe (hall be, in providing a Subflitute for the Perfon who fhall have paid fuch Penalty ; and if 3^ any Part of fuch Penalty fhall remain after fuch Subflitute fha.l be provided, the fame fhall be paid to the Clerk of the Corps, and be applied as Part of the Stock of fuch Corps. F And [ M ] And be it further Enacted, That no Perfon fhall be admitted to ferve as a Subftitute in the Militia for any County [cr] Stewartry [or Jj?IaCC] who fhall not have had his ordinary Refidence in the County [or] Stewartry [or place] for which he fhall offer to ferve, for [Twelve] Calendar Months imme- diately preceding ; nor fhall any Perlon be admitted to ferve as a Subftitute, who fhall before have ferved for [Thee Tears] either for the County [or] Stewartry [OC Iplacc] for which he is propofed as a Subftitute, or for any other in Scotland [until the Expiration of Six Tears from the Time of his former Service.] And be it further Enabled, That within [One Calendar Month] after the faid Rolls fhall be made up by the General Meet- ing, in fuch Counties [or] Stewartries [or PlaCCS] where there are no Subdivifions, or fhall be returned from the Clerks of the Subdivifion Meetings (where any are) to the Clerk of the General Meeting for each County [or] Stewartry [or IplaCC] the Deputy [ComttlifflOnCrg] [Lieutenants] therein fhall hold another General Meeting, and fhall at fuch Meet- 30 ing form and order the Militia of fuch County [or] Stewartry [or Iplace] into Battalions, each confiding, where the Num- ber of Militia Men will admit of it, of [Eight Companies] but in no cafe of lefs than [Five] Companies, of [Eighty] Men at the moil:, and [Sixty] at the leaft, and fhall appoint One Lieu- tenant Colonel and One Major to fuch Battalion ; and where the Number of private Men fhall amount to [Three] Companies, or to any higher Number, under [Five] Companies, fuch Militia fhall alio be formed into a Battalion, with One Major, and no other Field Officer j and fhall appoint Captains to each Company, in every Battalion of Militia to which fuch Field Officer or Officers fhall not adt as Captain, and fhall alfo appoint One Lieutenant and One Eniign to each Company in fuch Battalion (Grenadier Companies excepted) wherein there fhall be One Captain and Two Lieutenants ; and where the Number of Private Militia Men fhall not be fufficient to form a Battalion of [Three] Companies, of the Num- ber of Men above fpecified, fuch Militia fhall be formed into Indcpendart Companies, each Company to confift of [One hundred and Ten] Private Men at the mod, and [&!vrj/] 40 at the leaft, with One Captain, One Lieutenant, and One Enfign to each Company; and His Majefty, His Heirs and Succeffors, may, in cale of the Militia being called out to actual [ *3 ] attual Service, join together any Number of fuch Independant Companies, and therewith form a Battalion, or incorporate them with any Battalion of Militia, but fo as the Number of Companies in fuch Battalion do not exceed, or fall fhort of, the Number of Companies of which a Battalion is hereinbefoie allowed to confift. And whereas the Militia Men appointed to ferve as above for the Counties of Selkirk, Peebles, Bute, Clackmannan, Kin- rofs, Nairn, and Cromarty, will be too few to compofe an Independant Company in each of the faid Counties ; Be it therefore Enacted, That, for the Purpofes of this Adt, the following Counties fhall be joined together, fo as to form One joint Body of Militia for the Counties fo joined j (that is to fay) The Counties of Selkirk and Peebles (hall be joined together, the Counties of Bute and Argyll, the Coun- ties of Clackmannan and [Sterling, -and the Counties of] Kin- rofs [and Fife, and] the Counties of Nairn and Elgin, and the Counties of Cromarty and Rofs [anO tfre Commiffioner Ot Commifuoners to oe nameo far the refpeftine Counties fo unites fot the Purpofes of this 3ft, ujall hatte the fame 41 Ipotocrs, ana proccco in all Befpc&s, Xaitb regaro to both Counties, as if thep toete to all Intents anD ]|put= pofes £>ne.] And be it Enacted, That the Deputy [CommifltOnerS] [Lieutenants] for each County, [or] Stewartry, [or Plate] or [any Three or more] of them at the leaft, at a General Meeting, when the Militia of fuch County [or] Stewartry [or Place] js not embodied and in actual Service, fhall appoint the Time, and Place or Places, in every Year, when [the] [and inhere fuch] Militia fhall be trained and exercifed tor [Twen- ty-eight Days] together, as fhall be lead inconvenient to the Public ; during which Time all the Provisions in any A a> r 1 * c W •S3UB3f43S "rt 3 c 5" 1 c ta S <: ctf (J we •junnfpv 4-1 1 cJ "*-» •suSyug § f ! u_ •sjurmjnat'j CO 2j O u O •sjucu9]n3iquindE3 -a c C O ' r— •suirjde^ ■4-J ■J— » s u ca rt MofnjAI O £ Ci •[3U0J03 rJtuajnat' - ! O H 1 1 1 ta r Pi Oh s I I u 4-* a < tJ3 c G And [ *» 1 And that Part of the Return which gives an A-ccount of the •Number of Officers prefent during the Time of Exercife, (hall be in the Form following ; (to wit) 4° Lieutenant Colonel Major Firif. Captain Second Captain Third Captain Fourth Captain Fifth Captain Sixth Captain Firfl Lieutenant Second Lieutenant Third Lieutenant Fourth Lieutenant Fifth Lieutenant Sixth Lieutenant Seventh Lieutenant Eighth Lieutenant Firfl En fig n Second Enfign Third Enfign Fourth Enfign Fifth Enfign Sixth Enfign Seventh Enfign Eighth Enfign N* of Days, 40 'And fuch Secretary of State fhali caufe a true Copy of 'fuch Return to be Annually laid before both Houfes of Parliament, and that a like Return .(hail alio be made to His Majefty'; [COltt* miffiOtier or CcmmifliOnerfii] [Lieutenant] of foch County or [Place] [Stewartry] and to the Auditor of His Majeity's Court of Exchequer, and to the Receiver General of the Land Tax, arid to the Clerk of the Peace of fuch County [or] Stewartry, [Or PlaCC] and fuch Clerk of the Peace (hall produce the fame to the Juftices of the Peace, at their next General Quar- ter Sefhons, and (hall afterwards file the fame amongfr. the Re- cords of fuch Sefiions, and hi Default thereof (hall forfeit his Office [ =9 ] Office of Clerk of the Peace, and fhall for ever after be disqua- lified frcm holding the fame. And be it Enacted, That in cafe of actual Invafion, or upon imminent Danger thereof, or in cafe of Rebellion in the Kingdom of Great Britain, or in any of His Majefty's Dominions, it {hall be lawful for His Mapfiy (the Occaiion being fifft communicated to Parliament, if the Parliament fhall be then fitting, or declared in Council, and notified by Proclamation, if no Parliament (hall be then fitting) to order and direct his [COUimifliCnCt Ot 5° ComtniffiOnCtS] [Lieutenant] or any [Three or more] Deputy [CommifftOnCrS] [Lieutenants] of each County [or] Stewartry, [Ot PUICC] aforelaid, with all convenient Speed to draw out and embody all or any of the Battalions or Corps of Militia of their refpective Counties [or] Stewartries [Qt JpIacC0] and (hall order and direct them to be put under the Command of fuch General Officers, and to be led to fuch Parts of the Kingdom of Great Britain, as His Majefty fhall think proper ; and that the Officers of the Militia, and Private Militia Men, of the Battalions and Independant Companies, during the Time they fhall be embodied, and in actual Service, as aforefaid, fhall re- "*' main under the Command of fuch General Officers, and fhali be intitled to the fame Pay, to commence from the Day of the Date of His Majefty's Order by virtue of which they were called out into actual Service, as the Officers and Private Men in His Majefty's other Regiments of Foot receive, and no other; and the Officers of the Militia fhall, during fuch Time as afore- laid, rank with the Officers of His Majefty's other Forces of equal Degree with them, as the youngeft of their Rank; and the Officers, Drummers, Corporals', and Private Men, of fuch Militia, during the Time they fhall be in fuch actual Service, fhall be fub- }ecl: and liable to all fuch Articles of War, Rules, and Regulations, c i as fhall be then by Act of Parliament in Force, for the punifhing Mutiny and Defertion, and for the better Payment of the Army and their Quarters (excepting only as to fuch Particulars as are or fhall be otherwife particularly provided for by this or any Act or Acts of Parliament hereafter to be made, for regulating the M-litia Forces, within that Part of Great Britain aforefaid) and when fuch Militia fhall be difembodied, and returned again to their refpective Parilhes, or Piaces of Abode, they fhall be under the lame Orders and Directions only, as they were before they were drawn out and embodied as aforefaid. Provided always, and be it Enacted, That if, at the Time of calling out fuch Militia into actual Service, the Parlia- H ment [ 30 ] merit fhall be feparated by Adjournment or Prorogation, and on that Account will not meet within [Fourteen] Days, His Majefty mall forthwith iffue a Proclamation for the Meeting of the Parliament upon fuch Day as he fhall appoint, giving [Fourteen] Days Notice thereof, and the Parliament fhall accordingly meet upon fuch Day, and continue to fit and act in 52 like Manner, to all Intents and Purpofes, as if it had ftood ad- journed or prorogued to the fame Day. Provided always, and be it Enacted, That no Officer ferving in the Militia mail fit in any Court Martial upon the Trial of any Officer or Soldier ferving in any of His Majefty's other Forces, nor fhall any Officer ferving in any of His Majefty's other Forces fit in any Court Martial upon the Trial of any Officer or Private Man ferving in the Militia. And be it further Enaded, That His Majefty's [(£omimf- fioncr or Commiffioner0] [Lieutenant] or any [Ibree] Deputy [ComiTtiffionCt0] [Lieutenants] of every County [or] Stew- artry [ or PlSCC ] fhall iiTue his or their Orders to the Conftables [or Other SDSScer© ] of the feveral Parifhes [ antJ IpIdCCS ] within their refpective Divilions, forth- with to give Notice to the feveral Officers, Serjeants, Cor- porals, Drummers, Fifers, and Private Militia Men, or leave Notice in Writing at the ufual Places of their refpective Abodes, to attend at the Time and Place mentioned in fuch Order for calling out fuch Militia into actual Service j and if any fuch Officer, Serjeant, Corporal, Drummer, Fifer, or Pri- vate Militia Man, not labouring under any Infirmity incapaci- tating him to ferve, nor having fome lawful Excufe, fhall not appear in purfuance of fuch Notice, he fhall be confidered as abfent from'his Corps without Leave, and fhall be proceeded againlt accordingly ; and if any Perfon fhall knowingly har- bour or conceal any iuch Officer, Serjeant, Corporal, Drum- mer, Fifer, cr Private Militia Man, not attending when ordered out into actual Service as aforefaid, fuch Perfon fhall for every fuch Offence forfeit and pay the Sum of [Twenty Pounds Ster- ,] And be it Enacted, That when the Militia of any County [or] Stewartry [ot JjPIfiCC] mall be ordered out into actual Service, the [CommiffiOnCt Or CommiffiOlierS] [Lieutenant] of fuch County [or] Stewartry [or IPlSCC] fhall draw upon the Re- ceiver General of the Land Tax in Favour of the Captain or Com- 53 [ 3i ] Commanding Officer of each Company of Militia fo ordered out, for fuch Sum as will amount io [One Pound One Shilling Sterling] for each Private Militia Man belonging to his Company, to be paid over by fuch Captain, or other Officer, to every fuch private Militia Man who belonged to his Company at the Time fuch Militia was ordered out into actual Service, on or before the Day appointed for marching, and to fuch Militia Man who {hall be afterwards ordered out, when he (hall join his Company then being in actual Service ; and the Receiver Ge- neral of the Land Tax mall be allowed the fame in his Ac- ounts. 54 And be it further Enacted, That it (hall and may be lawful for any One Deputy [Commiffi'OtlCr] [Lieutenant] at any Place in the County, or Stewartry, or Subdivision thereof, in which he ufually acts, to fwear and inroll any Substitute to ferve for any Place in fuch County or Stewartry, or Subdivision thereof, provided fuch Substitute fliall produce to fuch Deputy [Commtflioncr] [Lieutenant] a Certificate, under the Hands and Seals of any [Two] other Deputy [ComtttifftOnCtS] [Lieutenants] or Juflice of the Peace acting in fuch County or Stewartry, or Subdivision thereof, certifying they have feen, and do approve of fuch Substitute as a proper Perfon to ferve in the Militia ; and fuch Perlbn Shall and may be fworn and inrolled by fuch Deputy [Commiffionet] [Lieutenant] pro- vided the Clerk belonging to fuch County, Stewartry, or Sub- division thereof, Shall attend with the Roll for that Purpofe. And be it further Enacted, That all fuch Militia Men whofe Time of Service in the Militia Shall be near expiring, and who Shall be then absent from the County [or] Stewartry [Ot JplaCC] to which they belong [on ablual Service] Shall be returned or marched back into the fame, in order that they 55 may be near their respective Homes or Places of Abode as poSfible, at the Expiration of their Said Service. And be it further Enacted, That in every Such County [or] Stewartry [ailtJ J2>laC£] wherein the Militia Shall not be railed, and Such Return as aforefaid Shall not be delivered to the Clerk of the Peace before the General Quarter SeSiions of the Peace to be held for fuch County [or] Stewartry [Ot j_S>IaCCJ next after the [Twent) '-fifth Day of December] in every Year, Such Clerk of the Peace Shall certify, under his Hand, to the Justices of the Peace there affembled, on the Day fuch SeSfions (hall [ f* ] fhali he opened, that he hath not received fuch Return, and fijafl file fuch his Certificate amongft the Records of fuch 16 ; and the Jufiices of the Peace at their faid Seiiions ihall tranfmit the laid Certificate to the Convenor of the Com- mifii oners of Supply for the faid County, who fhall forthwith call a Meeting of the faid Commiflicners j and the Cozn- miffioners being Co aflembled fhall proceed to raife and levy within fuch County or [Place] [Stewartry] the Sum of 56 [Five Pounds Sterling] in lieu of every Private Militia Man required to ferve for the fame as aforefaid, in fuch Manner and in fuch Proportions as the Land Tax or Cefs have been ufually levied in fuch County or [j^lacc] [Stewartry] Provided that every Perfon duly qualified, who ihall have ferved as an Officer in the Militia within the Kingdom of Great Britain for [Three Tears] or who (hall be then actually ferving as an Officer, or who ihall have duly offered to ferve as an Officer in fuch Militia in Manner hereinbefore directed, fhall not be liable to pay any Part or Share of fuch Rate or Afleflment, nor fhall his Lands, Tenements, or Hereditaments, be affeffed or charged thereto; and the Deficiency thereby occasioned, fhall be al- lowed to fuch County [or \ Stewartry [or Plate] by deducting the Sum which otherwife would have been charged on fuch Perfon, from the grofs Amount of the Sums of [Five Powids Sterling] per Man, hereinbefore directed to be raifed in fuch County [or] Stewartry [or Iplace] provided that every Per- fon claiming fuch Exemption fhall file a Certificate of fuch 57 Service, or of his having offered to ferve, with the Clerk of the Peace for the County or [IplaCCj [Stewartry] wherein fuch Perfon fhall claim to have fuch Exemption, and fhall alfo deliver to him a Lift, under his Hand, of his Tenants and Farmers, and the Places of their Abode, and fuch Clerk of the Peace fhall forthwith file the fame amongft the Re- cords of [^gffion] [the Quarter SeJJions] And when any fuch Afleflment fhall be ordered to be made, fuch Clerk of the Peace fhall certify to the Convenor of the Commif- floners of Supply, and to the Receiver General of the Land Tax, the Names of all Perfons who fhall have filed fuch Lifts, and the Names of their Tenants and Farmers inferred therein, in order that fuch Perfon or Perfons, and his or their Lands, Tenements, and Hereditaments, may not be charged with fuch Afleflment j and His Majefty's [Commif- fiOner Ot CommiffiOners] [Lieutenant] of every County or [JplaCC] [Stewartry) where any fuch Perfon fhall have ferved as an Officer in the Militia thereof for the Space of [ 33 ] of {Three Tears] or who (hall actually ferve as an Officer of, fuch Militia, (hall, on Requeft, grant to him a Certificate thereof; and every fuch [CommtffionSt Ot CommifUOner0] [Lieutenant] Deputy [ComttUffiOtiet] [Lieutenant] or Juftice of the Peace, before whom fuch Perfon fiiall offer to ferve as an Officer in the Militia, (hall, on Requeft, grant him a 58 Certificate thereof, in order that he may be exempted as aforefaid ; and the faid AfTeffment (hall be made, levied, col- lected, and kept, diftinct and feparatc from the Cefs or Land Tax; and that every Tenant or Occupier of any Meffuages, Lands, Tenements, or Hereditaments, who (hall pay any. AiTeffrnent made in purfuance of this Act, for the Purpofes aforefaid, (hall and may deduct and retain the Tame out of his or her Rent, except where there is a Covenant or Agreement to the contrary. And be it Enacted by the Authority aforefaid, That the faid Sums of [Five Pounds Sterling] directed to be raifed for every Mi- litia Man required to ferve for each County [or] Stewartry [ox JplaCC] where fuch Militia (hall not be railed as aforefaid, fhall be paid to the Receiver General of the Land Tax within [Six Ca~ j lendar Months] after the General Quarter SelTions cf the Peace, that (hall be held for fuch County [or] Stewartry [cr l^IaCt] next after the [Twenty-Jifth Day of December] in every Year, who ill all, within [One Calendar Month] after the Receipt there- of, account for and pay the fame into the Receipt of His Ma- jefty's Exchequer at Weftminfter to be accounted for Yearly 59 to Parliament, and applied to fuch Ufes as Parlirment ihall di- rect ; and in cafe the faid Sums of Money (hall n-ji be raifed and paid to the Receiver General of the Land Tax as afore- faid, the Receiver General (hall immediately proceed to en- force the Payment thereof in the fame Manner as is ap-^ pointed, with regard to the Cefs or Land Tax in that Part of Great Britain called Scotland, by an Act, palled in this prefent Year of His Majefty's Reign, intituled, " An Act <( for granting an Aid to His Majeity by a Land Tax, to ** be raifed in Great Britain for the Service of the Year " One thoufand Seven hundred and Seventy-fix:" And the Receiver General of the Land Tax, for his Trouble in re- ceiving fuch Sums of Money, and for his Trouble in giving Receipts for the fame, and accounting for and paying it into His Majefty's faid Exchequer, and doing the Duty in all other Refpects required of him by this Act, fhall be allowed [Two Pence Sterling] in the Pound [Sterling] out of the Money fo re- ceived and paid by him, and no more ; and every Officer ne- I cefiarilv [ 34 ] cefTarily employed in collecting the faid Sums of Money in the feveral Panlhes [ant) JpUlCCtf] aforefaid, and in accounting 60 for and paying the lame to luch Receiver General, and for doing the Duty in all other Reipe&s required of him by this Act, in regard to the levying and collecting fuch Sums of Money refpedtively, (hall be allowed [One Penny Sterling] in the Pound [Sterling] and no more, out of the Money fo received by him. And be it Enacted, That no Serjeant, Corporal, Drum- mer, Fifer, or Private Man, ferving in the Militia, {hall, dur- ing the Time of fuch Service, be liable to do any Highway Duty, commonly called Statute Work, or be appointed to ferve as a Peace Officer, or Parifh Officer, or be liable to ferve in Lang Of] His Majefty's [ilantl Ot] Sea Forces, unlefs he (hall confent thereto. And be it Enacted, That if any Non-commifiion Officer of the Militia, or Private Militia Man, (hall be maimed or wounded in actual Service, he (hall be equally entitled to the Benefit of Chelfea Hofpital with any Non-commifiion Officer or Private Soldier belonging to His Majefty's other Forces ; and that . every fuch Perfon, having ferved in the Militia when called out into actual Service, and being a married Man, may fet up and exercife any Trade in any Town or Place within the 61 Kingdoms of Great Britain or Ireland, without any Molefta- tion for or by Reafon of the ufing fuch Trade, in like Manner as any Perfon who has ferved in His Majefty's Navy, or as a Soldier in his regular Land Forces, may do. And be it Enacted, That it (hall be optional to any Bat- talion or Independant Company of Militia, within that Part of the United Kingdom called Scotland, to be cloathed in the Highland Drefs, if the Commanding Officer thereof (hall think fit. And be it Enacted, That every Private Militia Man who (hall have ferved [Three Tears] without being called out into actual Service, or who (hall have ferved [One Tear] in actual Service, (hall, at the End of fuch Times refpectively, be en- titled to his Military Clothes for his own Ufe, in fuch Man- ner as the Commanding Officer of the Corps in which he ferved (hall judge mod for his Benefit. And [ 35 ] And be it Enacted, That if any Servant hired by the Year, or otherwife, (hall ferve in the Militia, it (hall be law- ful for One Juftice of the Peace, upon Complaint made on Oath by fuch Servant, to order fo much of his Wages as (hall appear to fuch Juftice to be due to him, to be immediately 62 paid him by his Mafter or Employer, in Proportion to the Service he has performed ; and in Default of Payment the fame fhall be levied by [Dijlrefs and Sale] by Warrant from fuch Juftice. And be it further Enacted, That no Perfon having ferved perfonally, or by Subftitute, [Three Tears] in the Militia, ihall be obliged to ferve again until by Rotation it comes to his Turn ; and when any Subftitute, after having been ap- proved as aforefaid, before the Expiration of the Term for which he was to ferve, {hall die, or be appointed a Serjeant in the Militia, or be legally difcharged, the Perfon for whom he ferved fhall not be obliged to ferve himfelf, or to find another Subftitute, but fuch Vacancy fhall be filled up as in the Cafe of Vacancies occafioned by the Death or Difcharge of Perfons ferving for themfelves. Provided always, That no Militia Man, having ferved as a Subftitute, fhall be thereby excufed from ferving for himfelf when he fhall be chofen by Lot. And be it further Enacted, That if any Serjeant Major, Drum Major, Drummer, or Fifer, engaged to ferve as aforefaid, 63 within that Part of Great Britain called Scotland, who fhall have received Pay therein, fhall, during the Time fuch Corps of Militia to which he belongs is not in actual Service, or out at Annual Exercife, mifbehave, be negligent in his Duty, or be dif- obedient to the Orders of the Adjutant or other his fuperior Officer, he fhall forfeit and pay any Sum not exceeding [Thirty Shillings Sterling] for every fuch Offence. And be it further Enacted, That at the End of the [Firji] Year's Service of any Battalion or Independant Company of Militia [One Third] Part of the Private Men of fuch Battalion or Independant Company fhall be difcharged by Ballot, and the Private Men fo difcharged, and alfo fuch Vacancies as may have happened, fhall be fupplied by Ballot ; and after the [Second] "V ear's Service of any Battalion or Independant Company of Militia, [One other of the Two remaining Third Parts] [j^'ai'tj of the [ 36 ] the Private Men {hall be difcharged, and others fuppiied, in like Manner ; and at the End of the [Third] Year's Service of any Battalion or Independant Company of Militia, the re- "4 maining [Third Part] of the Private Men mail be difcharged, and fuppiied, in like Manner ; and from thenceforth a Ballot fhall be regularly made each Year, for fupplying the Private Men fo difcharged in Rotation, and alfo for fupplying fuch Va- cancies as may have happened in any Battalion or Independant Company of Militia. And be it Enacted, That if any Militia Man fhall change the Place of his Abode from One Parifh [ot plate] to another, without the Conient in Writing of the Captain or Commanding Officer of the Company to which he belongs, [ano alfo of the Conn able of the Ipariu) or place for ferfjfer) he ftjall &C inrolICD tO ftrtiC] and without giving Notice thereof [in Writing] to the Clerk of the County or Stewartry, or of the Subdivifion Meeting, if the County or Stewartry be fubdivided [ill tohiCf)] [and alfo to the Conjiable of] the Parifh [or Place] for which he ferves [Ujali t)C UtUatCU] [Specifying the Name of the Pari/Jj from whence, and to which, he jhall remove, and of the Officer of whom he obtained fuch Leave] (which Clerk is hereby required to keep an Account of the fame) he fhall [then] forfeit and pay any Sum not exceeding [Ten Pounds Ster- ling.] And be it further Enacted, That if any Perfon, who is fworn and inrolled to ferve in the faid Militia, fhall inlift into His Majefty's other Forces, the Colonel or Commanding Officer of fuch Regiment or Corps in which he fhall fo inlift, ihall pay to the Clerk of the Corps of Militia to which fuch 65 Militia Man belongs, the Sum of [Three Pounds Three Shillings Sterling] which fhall be accounted for and paid by him to the Commanding Officer of the Corps for which fuch Militia Man was inrolled to ferve, and fhall be applied to- wards finding another Man to ferve in fuch Militia, in the room of the Perfon fo inlifting ; and if fuch Colonel or Com- manding Officer fhall, on Demand, refufe to pay fuch Sum of Money to the Clerk of the Corps of Militia, fuch inlifting fhall be from thenceforth [null and void] And if any Militia Man fhall deny to any Officer, Serjeant, or other Per- fon, recruiting for Men to inlift and ferve in His Majefty's other Forces, that he is f at the Time of his offering to inlift, a Militia Man then actually inrolled and engaged to ferve (which [ 37 ] (which the faid Officer, Serjeant, or other Perfon, is hereby required to afk any Man offering to inlift) and {hall inlift in His Majefly's other Forces, inch Perfon fb offending, and who fhall thereof* be convicted before any Jufticc of the Peace for fuch County or [JEHacc] [Steiaartry] fhall be {committed to the Common Gaol of fuch County or Stewartry, there to remain without Bail, for any 'lime not exceeding Six Calendar Months] over and above any Penalty ov Punifhment to which iuch Perfon {o offending Ihall be otherwife liable by Law, and from the Day on which his Engagement to ferve in the Militia fhall end, and not fooner, except on Payment of fuch Sum of Money as ££ aforefaid, he fhall belong as a Soldier to fuch Corps of Plis Majefty's other Forces into which he ihall have been fo in- lifted. And be It further Enacted, That no Officer, Serjeant, or Commander of a Recruiting Party, of His Majefty's other Forces, fhall beat up for Recruits in any Place where any Corps of Militia mall be affembled for Exercife, nor (hall inlift any Militia Man within [Ten Days] before, or [Ten Days] after, their being fo affembled : And if any Officer, Serjeant, or Com- mander of a Recruiting Party, ihall beat up for Recruits, or inlift any Militia Man, where any Corps of Militia ie, or within the Time aforefaid, either before or after any Corps of Militia fhall be fo affembled, the Officer, Serjeant, or Commander of fuch Recruiting Party, fo offending, fhall forfeit [Twenty Pounds Ster- ling] for every fuch Offence, and the iniifting fuch Militia Man fhall be [null and void]. And it is hereby further Provided and Declared, That in cafe of the Militia being embodied, no Officer, Serjeant, or Commander of a Recruiting Party, of His Majefty's oiher Forces, ihall inlift any Militia Man, under the Penalty aforefaid, and the iniifting fuch Militia Man fhall be likewife [null and void]. And be it Enacted, That if any Perfon ferving in any of His 67 Majefty's Regular Forces fhall offer to ferve, and be inrolled, as ' a Subftitute, in the Militia, he fhall for every fuch Offence forfeit and pay any Sum not exceeding [Ten Pounds Sterling]. And be it further Enacted by the Authority aforefaid, That if any Clerk of the Peace fhall be guilty of any Negl eft of Duty, or fhall not do and perform the feveral A&s, Matters, and Things, herein required of or by him to be done or performed K for [ 38 ] for the better and more effectual carrying this Act into Exe- cution, and for which no Penalty or Forfeiture is herein directed to be inflicted or paid, every luch Clerk of the Peace fhall f forft it his OJfce, and be rendered incapable of holding the fame, or any other Ojfce, Civil or Military, under the Government.] And be it Enacted, That if any Confhble [fjt OtfjCt ©filCCr] (hall neglect or refute to do any luch Act as is hereby required to he done by him or them, for the better and more effectual carrying this Act into Execution, or fhall ne2lect or refufe to obey the lawful Commands pf the Deputy [COtttnuffionCtS] [Lieutenants] or Juftices of the Peace, or any of them, in the Execution of the Powers hereby placed in them, or any of them, every fuch Conffahle, and other [fueft lifec] Officer, 'fhall 63 for every fuch Offence, in like Manner, forfeit and pay [tt)£] [any] Sum [of] [no: exceeding Forty Shillings Sterling]. And be it further Enacted by the Authority aforefaid, That all Fines, Penalties, and Forfeitures, by this Act impofed, the Manner of Recovery whereof is not hereby particularly provided for, fhall, on Complaint made before the Sheriff or Stewart [Depute, or their refpctlive Sub ih tides] of fuch County [or] Stewartry [or PlflCC] where the Caufe of fuch Complaint fhall arife, and fulficient Proof produced before fuch Sheriff or Stewart [Depute, or their refpeclive Subftitutes] on examining into the Truth of fuch Complaint, to induce him to adjudge and determine the Offender to be guilty of fuch Offence or Neglect wherewith he is charged, be by the Sheriff or Stewart [Depute, or their refpeSlive Subjlitutes] forthwith ordered to be paid ; and in Default ol fuch Payment the Sheriff or Stewart [Depute, or their refpeclive Subjlitutes] lhall grant a Warrant to levy the fame by [Difirefs and Sale] of the Goods and Chattels of fuch Offen- der, rendering the Overplus (if any) on Demand, after de- ducting the Charges of fuch [Dijircfs and Sale] to fuch Offender; and where the Goods and Chattels of fuch Offender fhall not be fufficient to anfwer fuch Penalty, and the Expenc-s of mak- ing fuch [Dijlrefs and Sale] fuch Sheriff or Stewart [Depute, or their refpeclive Subjlitutes] lhall [commit him to the Common Gaol of the County] where the Offence lhall have been committed, 69 for any Time not exceeding [Three Calendar Months] and [One Half] of all Fines, Penalties, and Forfeitures, by this Act impofed, the Application whereof is not othervvife particularly provided for, fhall be paid to and to the Ufe of the Perfon or Perfons who lhall inform orprofecute for the fame and [the other Half] [ 39 ] Half] (hall be paid to the Clerk of the Corps of Militia ferving for the County or [JSHiHC] \Stewartry\ where fuch Offence (hall be committed, and ihall be made a Common Stock ; and the faid Clerk Ihall every [I'hree Months] account for the fame to the Com- manding Officer of fuch Corps, who ihall apply the Sums thence ariiing to the neceffary Purpofes of the Corps, and if there be any Overplus, (hall, out of fuch Overplus, caufe Putts to be erected in fome convenient Places, and fhall direct the Clerk of fuch Corps to buy and provide, with fome Part of the Money lb ariiing, a proper Quantity of Gunpowder and Ball, to be ufed at proper Times, by the Militia Men of fuch Corps, in ibcoting at Marks ; and to apply and difpofe of fuch other Part or" the Money aforefaid, as he (hall think reafonable, in Prizes to be given to fuch Militia Man or Men who (hall, by the Commanding Officer then prelent, 70 be adjudged to be the bell Markfman, or in fuch other Ways, tending to the Encouragement and Improvement of the Corps, as the Commanding Officer Ihall direct. Provided always, and it is hereby further Enacted, That if any Perfon Ihall think himfelf aggrieved by the Judgment or Determination of fuch Sheriff or Stewart [Depute, or their refpeclive Subjlitutes] fuch Perfon may bring the laid Determi- nation or Judgment under the Review of the Ccurt of Seffion [or the Circuit Court of Ji/jiiciary, in all Counties or Stewart ries inhere Appeals to the Circuit are competent] in com- mon Form ; and till fuch Appeal fhall be finally heard and determined, all Proceedings upon fuch original Judgment or Determination fhall be lulpended. And be it further Enacted, That if any Suit or Action fhall be brought cr commenced ag.unll any Perfon for any Thing done in purfuance of this Act, fuch Aciion or Suit ihall be commenced within [Six Calendar Months] alter the Fact committed, and not afterwards. And be it hereby Enacted, That this Act fhall continue in Force tor [Seven] Years, and till the End of the then next Seffion of Parliament. Clause C 40 3 Clause (A.) And be it Enabled, That His Majeflfs Lieutenants, are or Jhall be commijjioned for the Militia of the City of Edin- burgh, may and ftali continue to lijl and levy the 'Train Bands and Guard of the faid City in Manner as heretofore. i Clause (B.) Provided always, and be it further Enabled, That ivhere any Parifh floall be in more Counties or Stewartries than One, the Inhabitants of fuch Pari/h fl:all Jerve in the Militia of that County or Steivartry wherein the Church belonging to fuch Pari/h isfituated; and that fuch Par if) fall be deemed as Part of that County, and fijall be Jubjecl to the Jurijaiclion and Authority of the Deputy Lieutenants, Ju/lices, and other Officers, of that County or Stcwartry, to all the Intents and Pia pofes of I his Ail. Clause (C.) And be it Enacted, That His Majejlys Lieutenants, or any Three Deputy Lieutenants, of any County or Stetcartry; is and are hereby authorized, by Warrant under lis Hand and Seal, or their Hands and Seals, to employ fuch Perfin or Perfons as he or they jhall think fit, to feize and remove the Arms, Clothes, and Accoutrements, belonging to the Militia of fitch County or Stewarfry, whenever Bis Majejlys faid Lieutenants, or the Deputy Lieutenants, JJ:all adjudge it neceffary to the Kingdom, and to deliver the faid Arms, Clothes, and Accoutre- ments, into the Cuflody of fuch P erf on or Perfons as His Ma- jejlys faid Lieutenants, or Deputy Lieutenants, jhall appoint to receive the fame, for the Pur poj'es of this Acl. Clause [ 41 ] Clause (D). Provided always, and it is hereby Enacted, 'That wl Volunteer or Volunteers ft: all, en the Day • Ballot, effer to ferve for . a)iy Par if: or Parijhes, and jf all "be approved cf by the Deputy Lieutenant and Jziflices -t rr « — i 5' ro en 3 *- • SO 5" O c* 1 t — ; r+ ►-t >\ en o o a rt- •-i rr 3' Crq O 5* 3 S3 3 • O a r» O *— • S3 ■td g • • • • • • ® • « ^ fl , g ^,» safe ssfe ssfe & g£ $ ® $ # €1 (!) A BILL T O Reftrain Apprentices, Tradefmen, and other un- qualified Perfbns, from deftroying the Game, in that Part of Great Britain called Scotland; and for granting to Proprietors of Lands in Scotland further Powers with regard to killing of Game. Note. — The Figures in the Margin denote the Number of the Folios in the written Copy. 5&&30£30( J]) <£ 1ft <£ 3 S? many Proprietors of Land in H || that Part of Great Britain called Scotland, are ^ (Dill ^ improperly restrained in the Ufe and Enjoy- )6( )k ment of the Game upon their own Property : cj ►o to &S ■ S ^ ° 5 s"g oq » g. _. O en y a 3>g 5- O 3' pa >-t-, CU CD QTQ &3 3 g ri " O n -. -o o *»• rf £- tag =[» O fc. O P- P ft ►-• r^ n « 3 3 w o r r dMSt cSS> gfajSfa SP ■:- c9Cb t 35 ;t 2!P t i dfcAjb } <& E <£ 3 % feveral Ads have been patted Preamble; in the Second, Third, Fourth, Fifth, and ■ K\ il^ils! Eleventh Years of His prefent Majefty's Reign, Jte^avreSJ for the Paving, Cleanfing, Lighting, and Regu- ^llfcP^I ^ at i n g» the Squares, Streets, Lanes, and other ^» Places, within the City and Liberty of JVeJi- minjler, and Parts adjacent : Sntl tofjCteaS there are fome Defecls in the faid A&s, the remedying whereof would be of great Utility : May E * 3 Powers relit ing to the Watei Com May it therefore pleafe Your MAJESTY, That it may be Enacted ; 3nD be it (JBnafieii by the KING'S moll Excellent Maj esty, by and with the Advice and Con- fent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament afembled, and by the Authority of the Cane, That from and after the feveral Powers, Rules, Regulations, Authorities, Matters, and Things, which, by the faid former Acts, any or either of paniestobe them, arc to be executed, obferved, made, enforced, had, or in Commif- done, by or with the Commiffioners, their Agents or Offi- Committees. cerS > within tne feveral Squares, Streets, Lanes, Alleys, or Places, now paved under their Direction, which may any Ways refpect or relate to the feveral and refpective Companies who furn'fh Water to the Inhabitants of the City and Liberty of IVtjlminjler, and the other Parilhes and Places included in the Provifions of the faid feveral Acts, any or either of them (except as hereinafter is excepted) ill all be, and are hereby veiled in the feveral and refpective Committees, and fhall be executed, obferved, made, enforced, had, and done, by or with them, their Agents and Officers, (within the feveral Squares, Streets, Lanes, Alleys, and Places, which fhall be rated by the refpective Committees, by virtue of the faid Act cf the Eleventh Year of His prefent Majefly) in as full and ample a Manner, to all Intents and Purpofes, as hath been or may be done by or with the faid Commiffioners, within the feveral Squares, Streets, Lanes, Alleys, or Places paved by virtue of the faid former Acts, any or either of them. Lift of Squares, Streets, &c. liable to be rated by Commifiion- ers, to be tranfmitted to the Water Companies. The like by the Com- mitce*. SnD fee it further <2BnaaeU, That the Clerk to the faid Commiffioners for putting the faid former Acts and this Ad in Execution {hall, within tranfmit a true and perfect Lift of the Names of all fuch Squares, Streets, and Places, where the Owners and Occupiers of the Lands, Grounds, Houfes, Shops, Wharfs, Warehoufes, Coach Houfes, Stables, Cellars, Vaults, Buildings, Tenements, or Hereditaments therein, are now, or hereafter may be, liable by Law to be rated and alTeiTed by the laid Commiffioners, to the Secretary or Clerk to the re- fpective Water Companies ; and the refpective Clerks to the feveral Committees fhall alfo, within tranfmit to the faid Sere aries or Clerks to the faid Water Companies, a true and perfect [ 3 ] perfed Lift of all fuch Squares, Streets, Lanes, and Places, in their refpedive Parifhes, Precinds, and Liberties, where the Owners and Occupiers as aforefaid are liable by Law to be rated and aliened by the faid Committees refpedively; and every Commifficn- luch refpedive Committee is hereby required to appoint a era and Com- public Place, within their refpedive Parifh, Precinct, or Li- ^p^"/" berty, where Notices required by this Ad to be given to the puolic Place Committees by the Water Companies fhall be brought and ^"f ' (rQm left ; and every fuch Committee fhall alio, from Time to Time, Water Com- tranfmit an Account of fuch public Place to the faid Water panies. Companies, immediately after the Appointment thereof, or as foon after as conveniently may be ; and the refpedive Paviors to the Water Companies, fhall, from Time to Time, give or leave Notice for the Commiffioners for Paving, at the Bridge Office at IVeJiminJler, or to fuch Perlbn or Perfons as the laid Commiffioners mall appoint to receive the fame, when and where any of the Pavements have been broken or taken up, in any of the faid Squares, Streets, Lanes, and Places men- tioned in the Lift to be made by the faid Commiffioners, and the like when they, or either of them, fhall have filled in and rammed down the Ground; and the Paviors to the refpedive paviorsto Water Companies fhall, from Time to Time, give or leave Water Com- j£ Notice to and for the feveral and refpedive Committees, at the p^g Notice, public Places to be by them appointed as aforefaid, when and when Pipes where any of the Pavements have been broken or taken up, in are ^paired i n o t ini -iii-i and Ground any of the Squares, Streets, Lanes, and Places included in the fiu e d in, at faid Lift to be made by the refpedive Committees, and the like fuch P ublic Notice when they, or either oi them, have filled in and ram- med down the Ground. Qat! fcC it further (SErtacteB, That the laid Commiffioners, obliging or the feveral and refpedive Committees, lhali, and they are to "' m "" on " , , . . , ' , r „,■ „-,. ' ers to acivcr- hereby authorized ana required, rrom i ime to i mie, at any t ; le their of their refpective Meetings, as Occaficn fhall reqvrre, to con- Contracts trad with any PeFfon or Perfons lor paving and keeping in ^fvsrater Repair, by a feparate Agreement, the Pavement over the Trenches. Water Trenches belonging to any of the laid Water Companies, within their refpedive Junfiidbns ; but that no fuch Contract fhall be made, unlets* previous to the making thereof, Notice at the leaft fhall be given in fome of the public News-papers, expreffing the Intention of fuch Contrad, in order that any Perlbn or Perfons willing to undertake the fame (not being Commiffioners, or Members of the faid Com- mittees) may make Propofals for that Purpofe, at the Time and Place in fuch Notice mentioned. ana Scavengers not to fweep Street Dirt into Common Sewers, cr within Feet of the Grates, or within Feet of the Channel, where the Width of the Street will admittliereof. Offender may bs appre- hended ; and conveyed before a Ma- gittrate; and if con- victed upon Oath to pay or be com- mitted for any Time not [ 4 ] 3n3 bC it fUrtf)Ct (STnaftCtJ, That the Servants, Labourers, or Perfons employed by the Savenger or Raker contracting with the Commiffioners, or refpeclive Committees, and all other Pcrfons, (hall take Care not to fweep or rake any of the Slop, Slufh, Mud, Dirt, Duff, Rubbifh, Afhes, Filth, or Soil, found in any of the Squares, Streets, Lanes, Courts, Yards, Mewfes, Alleys, Paffages, or Places, within the Limits aforefaid, into any of the Common Sewers, Drains, or Funnels, thereunto be- longing j but fhall fweep or rake the fame together, fo as to lie at the Diftance of Feet at the leaft from each of the refpective Grates belonging to or placed over every Com- mon Sewer, Drain, or Funnel, and at the Diftance of Feet at the leaft from every Channel, in every Square, Street, Lane, Court, Yard, Alley, Mews, Paffage, or Place, within the Limits aforefaid, where the Width of the Street, Lane, or Place, will admit thereof; and if any fuch Servant, Labourer, or other Perfon or Perfons, fhall offend in the Premifes, it fhall be lawful for any Perfon or Perfons whatever, who fhall fee any fuch Offence committed, by virtue of this Act, and without any other Warrant, to apprehend the Offender or Offenders, and alfo for any Perfon or Perfons to affift in apprehending fuch Offender or Offenders, and they are hereby authorized and required fo to do, and to convey him, her, or them fo offend- ing before One of His Majefty's Juftices of the Peace for the County of Middle/ex, or Surrey, or City and Liberty of JVeflminjler, as the Cafe fhall be ; and fuch Juftice fhall proceed to examine upon Oath the Perion or Perfons who fhall have apprehended, or affilted in apprehending, the Of- fender or Offenders, (who is and are hereby declared a competent Witnefs or WitnefTes) or upon the Oath of any other Perfin or Pcrfons who fhall appear to give Informa- tion touching any fuch Offeree or Offences, (which Oath or Oaths the faid Juftice is hereby authorized and required to adminiiter;) and if the Party or Parties accufed fhall be ccnvicled of any of the aforefaid Offences, either by his, her, or their own Confeflion, or by fuch Oath as aforefaid, he, fhe, or they f> convicted fhall forfeit and pay the Sum of for every fuch Offence whereof fhall be paid to the Perfon or Perfons who fhall apprehend the Offender, and to the Treafurer to the Commiffioncrs, to be applied for the Purpofes of the faid former Acts and this Act, in the Parifh, Precincf, or Liberty where the Offence was committed ; and in cafe fuch Offen- der or Offenders fhall not immediately on fuch Conviction pay fuch C 5 ] fuch Forfeiture, fuch Juftice is hereby required to exceeding him or them to the of the faid Counties, or City and Liberty, reflectively, there to be nor lefs than kept to hard Labour for any Space of Time not exceeding nor lefs than Days, to be * ys * computed from the Day of Commitment ; and any fuch Offen- der or Offenders fhall not be difcharged before the Expira- tion of the Time for which he, {he, or they iball be fo committed, unlefs fuch Forfeiture (hall be fooner paid : And in cafe the Perfon or Perfons fo offending fhall be a Ser- vant to or employed by any Scavenger or Raker, and can- not be apprehended, then and in every fuch Cafe the Scavenger or Raker employing fuch Offender or Offenders fhall forfeit and pay the Sum of to be applied as aforeiaid. 3ntl fje it flitter GEtiactCtJ, That if any Perfon or Per- Forpunithing fons, other than the Scavenger or Raker contracting with ; " fine's" 1 * the faid Commiffioners or refpeitive Committees, or thofe employed under him, fhall prefume to collect or gather, or put in any Cart or other Carriage, or fhall carry away, any Coal Duft or Afhes, from any Houfe or other Premiffes, in any Square, Street, or Place within the Limits aforeiaid, It fhall be lawful for any of the Infpectors appointed either by the faid Commiffioners or refpective Committees, and for the Scavenger or Raker contracting with the faid Commif- fioners or refpective Commitees, and for the Perfons em- ployed under him, by virtue of this Act, and without any other Warrant, to apprehend, or affift in apprehending, all and every the Perfon or Perfons fo offending, and convey him, her, or them before One of His Majefly's Juftices of the Peace for the faid County of Middlefex, or Surrey, or City and Liberty of Wejlminjier, as the Cafe fhall be j and fuch Juftice fhall proceed, with refpect to the faid Offence, in the fame Manner as is hereinbefore directed, with regard to Perfons fweeping or raking Slop, Mud, or other Things, into Sewers or Channels, and the Penalty, on Conviction, fhall be difpofed of, or the Offender in like Man- ner, and for the like Time ; and in cafe the Perfon or If Offender Perfons who fhall collect or gather, or put into any Cart ""2 d b e " p " or other Carriage, or fhall carry away, any Coal Duft or penalty to Afhes, without being authorized by the Scavenger or Raker b« laid on contracting with the Commiffioners for putting the faid for- th * cartT&c. mer Acts and this Act in Execution, or with the faid re- fpective Committees, cannot be apprehended, then and in B every [ 6 ] Any Perfon may feize and remove Cart and Horles either to the Grttn Yard or to fome fecure public Place in the Parilh; there to be detained till demanded, and the Pe- nalty paid. If not de- manded, and Penalty paid, in Days, may be bv Order of the Commif- iioners. Application of Peiuliv. Not to pre- vent Inha- bitants ufing their own ■Arties. Signs to be placed clofe to Houfes. every fuch Cafe the Owner or Owners of the Cart or Car- riage in which fuch Coal Dull or Afhes fhall be placed, (hall forfeit and pay the Sum of Shillings for the Firft Offence, and for the Second and every other Offence the Sum of Shillings ; and it fhall be lawful for any Perfon or Perfons whatever, by the Authority of this Act, and without any other Warrant, to feize, or caufe to be feized, any fuch Cart or Carriage, with the Horfe or Horfes, Beaft. or Bcafts, drawing the fame, and the Harnefs, Gears, and Accoutrements there- unto belonging, and drive, remove, or take, or caufe the fame to be driven, removed, or taken to the Green Yard at Wejhninjler, or to fome other convenient public Place to be appointed for that Purpofe by the Commiftloners, there to be kept and detained until the Owner or Owners thereof, or his, her, or their known Servant or Servants, fhall and do pay to the Perfon or Perfons in whofe Cultody the fame fhall be, the faid Penalty, together with the Charges of driving, removing, and taking the fame, and of keeping any fuch Horfe, or other Beaft ; and in cafe the fame fhall not be demanded, and the faid Penalty and Charges paid, within Days, then it fhall be lawful for the faid Commii- fioners, or refpecVive Committees, where the Offence fhall he committed, to order the fame, or a competent Part thereof, to be and the Money ariiing by fuch Sale fhall be applied to the Perfon who fhall feize, drive, and remove, fuch Cart, Carriage, or Beaft, Harnefs, Gear, or Accoutrements, and for the Purpofes of the faid former Acts or this Adt, in the refpedtive Parifh, Precindt, Liberty, or Place where the Often ce was committed, returning the Overplus of the Money (if any) after deducting the Penalty and Charges attending fuch Seizure, Driving, and Removal, and of maintaining fuch Horfe or Horfes, or other Beaft, and of fuch Cart, Carriage, Horfe, Beaft, Harnefs, Gear, and Ac- coutrements, and what fhall remain unfold, to the Owner or Owners thereof, upon perfonal Demand : Provided always, That nothing herein contained fhall extend, or be conftrued to extend, to prevent the Inhabitants of any fuch Houfes or Premiffes from ufing their own Coal Duft or Afties, within their refpedtive Houfes, Yards, or Gardens, or elfewhere. 3rtD trjhctcaS Doubts have arifen as to the Manner how Signs and Sign Boards ought to be placed, within the Limits of the faid Adts ; 0£e it therefore furtoer <£nafteD, That ijrom and after all Signs and [ 7 ] and Sign Boards, made, provided, or ufed, within the Limits of the faid Acts, (hall be placed and fixed clofe and flat to and againft the Front Walls of the Houfes, Warehoufes, or Buildings of the Perfon or Perfons to whom they re- spectively belong, and not otherwife, on Pain of being Sub- ject to the like Penalties and Forfeitures, for not complying therewith, as are, by the faid Act of the Third Year of His prcient Majefty, to be recovered of Perfons not complying with the faid Act with refpect to Signs. 3tlU tie it further Cnaftetl, That if any Perfon or Per- Penalty o* fons whatever fhall fet or place, or wittingly caufe, permit, ?*' Goods, or fuffer to be fet or placed, any Goods, Wares, or Mer- &c. in the chandizes, upon either the Foot or Carriage Way, or on Streets - any Parts or Parts thereof, within the Limits of the faid former Acts, every Perfon fo offending fhall for the Firft Offence forfeit and pay the Sum of for the Second Offence the Sum of and lor the Third and every other Offence the Sum of 3rtu" be it fttrtijCr (KnaftetJ, That if any Perfon or Perfons No Perfons fhall keep open the Flat Entrance, on the Footway, into any ^"^ °P en » Cellar, without having Side Doors to keep off Paffengers, fo as Vaults; to prevent Accidents, or (hall open any Hole or Funnel made in any Footway or Carriageway, within the Limits aforefaid, for the Purpofe of conveying Coals, Wood, or other Things into any Vault or Cellar, for any longer Time than whilft Coals, or Wood, or other Things are actually delivering in or out of fuch Vault or Cellar; or fhall fet or place, or caufe or fet Calks, to be fet or placed, on any of the Carriageways or Foot- f^™ ^j",. ways, any Cafks, Package, Timber, Wood, or Wheels j or ways; fhall fetor place, or caufe to be fet or placed, in, crofs, or or fet any athwart any fuch Carriageways, any Coach, Cart, Common CartorWag- r. ,,r ; , ° „/ J r* , r> • gonacrofsor Stage Waggon, or other Waggon, Dray, or other Carriage, athwart any : fo as to occafion any Obftruction or Annoyance whatever, Street, and fhall not immediately remove the fame, when required fo to do by any Perfon or Perfons whomfoever ; or if any or draw Butts Brewer or other Perfons fhall draw Butts or Cafks with °f£jSj r J" Horfes, out of any Cellar or Vault adjoining to any Foot Pavement, after the Hour of Eight in the Morning ; or if or upon any any Perfon or Perfons fhall fet or place any fuch Carriage, ?°°* Croff " for the Purpofe of loading or unloading thereof, or for any other Purpofes, upon any Foot Croffing over the Carriageway, in any Square, Street, Way, Lane, or Place, within the Li- mits aforefaid; or if any Perfon or Perfons fhall fet or place orfetCar- anv n3 S es ' nthe an y Street; or any Bricks or Materials for Building, (unlefs in- clofed in a Hoard) and (hall not remove the fame within Hours after Notice, forfeit and any Per- fon may fcize the Goo Js, &c. and drive or remove them to the Green Tar J at Wejlminflcr, or .to fome convenient Place ; and if not redeemed within Days, Com- mifiioners or Committees may caufe the fame to be fold. [ 8 ] any Co^ch, Cart, or other Carriage, without any Horfe or Horfes fattened thereto, in any fuch Square, Street, Lane, or Flace, on any Account or Pretence whatever, (except only in the Carriageway, for the Purpofe of wafhing or cleaning the fame, as hereinafter mentioned ;") or if any Perfon or Per- fons fhall let or place, or caufe to be fet or placed, any Stones, Bricks, Lime, Sand, Mortar, Wood, Timber, or any other Materials or Things whatever, for the Purpofe of build- ing any Houfe, Shop, Warehoufes, Coach Houfes, Stables, or Tenements, or for any other Purpofe, (unlefs the fame fliall be inclofed in a Hoard, erected and fet up by and with the Confent of the Commiffioners, as by the laid former Acts or fome or One of them is particularly directed) and fhall not remove fuch Stones, Bricks, Lime, Sand, Mortar, Wood, Timber, or other Materials or Things, within the Space of next after Notice in Writing to him or her given for that Purpofe, or left at the Premiffes where, or before which the fame (hall be, (or if empty, unoccupied, or in building, ftuck or affixed againft the Wall thereof, or againft any Hoard or Pole belonging thereto or placed before the fame) by any One of the faid Commiffioners or refpeclive Committee Men, or by any Perfon or Perfons appointed by the faid Commif- fioners or Committees ; every Perfon fo offending fhall for every or any of the faid Offences forfeit and pay the Sum of and any One of the faid Commiffioners or Committee Men refpeitively, or any Perfon or Perfons appointed lor that Purpofe either by the faid Commiffioners or refpcctiv.e Committees, may feize, or caufe to be feized, any luch Cafks, Butts, Packages, Timber, Wood, or Wheels, or any fuch Coach, Cart, Common Stage Waggon, or other Waggon, Dray, or other Carriage, with the Horfe or Horfes, if any fhall be thereunto belonging, together with their Harnefs, Gears, or Accoutrements, and drive or remove, or caufe the fame to be driven or removed, to the Green Tdrd at Wejiminjier, or to fome other convenient public Place or Places to be ap- pointed by the Commiffioners, there to be kept and detained until the Owner or Owners thereof, or his, .or her, or their known Servant or Servants, fhall and do pay to the Perfon or Perfons in whofe Cuftody the fame fliall be, the faid Penalty, together with the -Charges of removing the fame, and of keeping fuch Horfe or Horfes (if any) j and in cafe the fame fhall not be claimed, and the faid Sum of and Charges paid, within the Space of Days next after fuch Seizure thereof, then it fhall be lawful for the faid Commiffioners, or refpective Committees, to caufe the [ 9 ] the fame, or a competent Part thereof, to be for the Payment of the faid Penalty and Charges, returning to fuch Owner or Owners, upon perfonal Demand, the Goods or Things not fold, together with the Overplus (if any) of the Monies arifing by fuch IprOtHDCQ alttmgSf, That nothing in this Act contained AHowingthe fhall extend, or be conftrued to extend, to prevent or hinder ) Vaf} ' in § of <~i i y-i i • /- ii n-i. Coaches, &c. Coaches or Carnages being fet or placed, any Time not ex- ceeding in the Carriageway only, to be warned and cleaned, before the Coach Houfe, in any fuch Places where Coaches and Carriages have heretofore been ufually warned and cleaned, in the Street before the Coach Houfe. 3ntJ, in order to determine what fhall be deemed and For appoint- taken to be a Foot Croffing over the Carriageway, within in g F .°°t the Meaning of this Act, 1BZ it further aBnafteu", 'That the Crofhn £ s - faid Commiflioners fhall caufe to be painted on a Board the following Words, FOOT CROSSING, in large plain Letters, and fhall caufe fuch Board to be hung up or af- fixed againft the Houfe, Wall, or other Buildings, oppofite, or as nearly as may be, to the Places they fhall appoint to be Foot CrofTings ; and the Place oppofite to fuch painted ^. Board fhall be deemed and taken to be a Foot Croffing, v within the Meaning of the faid former Acts and this Act . and if any Hackney Coach fhall ftand within Fee of any fuch Foot Croffing, for a longer Time than is furri- cient to take up or fet down a Fare, the Owner or Driver thereof fhall forfeit and pay the Sum of TaiD tohcrcaS Quantities of Earth are frequently dug up, Perfonsdi'g- and large Holes left, in fome of the Squares, Streets, and Places, |»g Earth, or within the Limits aforefaid, for the Purpofes of making Vaults forsaking " to Houfes or Tenements built or in building, or repairing, Vauits, &c. longer than is neceffary, and the Areas before Houfes or Te- £ m ™ clofc lhc nements built or in building, or repairing, are left open, and without any Fence or Rails placed or fixed fo as to prevent Inconvenience or Danger to Paifengers ; 15C it therefore fur= tJjCr (SiiafteD, That if any Perfon or Perlbns whomfoever fhall dig out any Earth, or leave any Hole, in any Street or Place, before any Houfe or Tenement built or in building, or repairing, within the Limits aforefaid, and fhall not inclofe the fame in a good and iufficient Manner (to be approved of by the Commiflioners) and fhall not, when needful, caufe the fame C to [ to ] to he duly lighted or watched, or (hall keep up fuch Inclofure longer than the Time limited by the Commiffioners for that Purpofe, or Hull not fence or rail before the Area or Areas fronting to any Street or Place, in fuch Manner that the fame (hall not be inconvenient or dangerous to Paifengers, every Perfpn or Perfons fhall for every fuch Neglect or Offence for- k-it the Sum of and the like Sum of for every Week that fuch Nuiance or Inconveni- ence fhall be continued. Pena'.tv ™ 2n5 ht it fUtfljet GEnaftCu", That if any Perfon or Perfons driving Car- ^ n ,j| , un ^ ^j, ive> draw, or roll, or caufe to be run, driven, drawn, Or rolled, on any of the Foot Pavements within the Limits afore- Paverasms. {&\d, any Wheel or Wheelr, Sledge, or Wheelbarrow, Car- riage, or Cr.fk, or fha!l wilfully lead, ride, or drive any Horfe, Afs, Mule, or Cattle, Coach, or other Carriage what- ever, alo.;g or upon any Part of the faid Foot Pavements ; or if any Farrier mall permit or fuffer any Horfe to ftand from his Shop upon any Part of the Foot Pavement ; or if any Perfon or Perfons whatever fhall caft or throw any Tiles, Bricks, Wood, Rubbifb, Dirt, or any other Matter or Thing (Snow excepted) from the Top or Roof, or out of or irom any Part of any Houie or other Building, or from any Gutter belonging thereto, in any Square, Street, Lane, or Place; or (hall rake or f'weep between the Joints of the Stones, either of the Carriage or Foot Ways, under Pretence or for the Purpofe of finding Nails, old Iron, or other Things ; every Perfon fo offending fhall forfeit and pay the Sum of *"/ P erf ° n _ and it fliall be lawful in any of the faid Cafes, and hend the as often as they or any of them fhall happen, for any Perfon or Offender. Perfons whatever, who fhall fee fuch Offence committed, to ap- prehend, and alio for any other Perfon or Perfons to affiff. in apprehending, the Offender or Offenders, and they are hereby authorized and required fo to do, by the Authority of this Act, and without any other Warrant, r.nd to convey him, her, or them before fome Juftice of the Peace for the faid Counties, or City and Liberty of Weftminfter, as the Cafe fliall be ; and the Party or Parties accufed being brought before any fuch Juftice, he fhall proceed to examine, upon Oath the Perfon or Perfons who fhall have apprehended or alfifted in apprehending (and who is and are hereby declared a competent Witnefs or Witneffes) fuch Offender or Offenders, or upon the Oath of any other Witnefs or Witneffes who fliall appear to give Information touching fuch Offence (which Oath or Oaths the faid Juftice is t « ] is hereby authorized and required to adminifter;) and if the Penalty. Party or Parties accufed fhall be convicted of fuch Offence, either by his, her, or their own Confeffion, or upon fuch Oath or Oaths as aforefaid, he, fhe, or they fo convicted of any fuch Offence reflectively, fhall immediately pay the faid Sum of and in cafe fuch Often- Offenders not der or Offenders fhall not, upon fuch Conviction, pay fuch For- {"* onConvfc- feiture by him, her, or them incurred as aforefaid, the Juftice tion to be before whom fuch Offender or Offenders {hall be convicted is hereby required to him, her, or them to the for the laid Counties, or City and Liberty of Wejltninjier, as the Cafe may be, there to be kept to hard Labour for any Space of Time not exceeding nor lefs than Provided always, That it fhall be lawful for any Brewer to roll or flide Calks or Butts upon a Pulley, to their Cellars or Vaults, in Courts or Places where Carriages cannot come, before the Hour of 3ntJ 6e it furtf}Cr (ZEnaftCO, That the Commiffioners ap- Powcr ve ^ etl pointed, or to be appointed, by virtue of the faid former Adts, (j n one °f t o' re - or any or either of them, fhall have, and they are hereby move Nu- vefted with, all the Powers and Authorities for removing fances » &c * Nufances, Annoyances, and Obftrudtions, and otherwife regu- lating the feveral Squares, Streets, Lanes, and Places within the Limits of the faid recited Acts, or this Act, which have not been already new paved, or completed, by virtue of the faid Acts, or any or either of them, as by the faid Acts, or either of them, they are vefted with, in the Squares, Streets, Lane?, and Places which have been new paved, or begun to be new paved, under their Direction. 3nt) bC it further CnaftCO, That no Perfon or Perfons Perfons not fhall erect any Bulks or Stalls, or make any Dung Holes '° '' fa or Saw Pits, in any of the Squares, Streets, Lanes, Courts, i n any of the Alleys, or PatTages, within the Jurifdiction of the Commif- Squares, fioners, upon Pain that every Perfon fo offending fhall for every luch Offence forfeit and pay any Sum not exceeding nor lefs than over and above the Expences of taking down fuch Bulks or Stalls, or filling up fuch Dung Holes or Saw Pits, according to the Direc- tion of fuch Commiffioners. 9tltJ t)C it flittfrrc CnafteO, That if any Perfon or Per- Perfons not fons fhall, after the paffing of this Act, throw at Oranges, Sm^/ic or [ " ] in any of the or any Cock, Pigeon, or Fowl, or fet up Oranges, or any Squares, &c. c oc k Pieeon, or fuch like Fowl, to be thrown at, or fhall nor make any . ° rrn •' 1 1 • r» t— i Bonfires, or make, or aliilt in the making, any rire or rires commonly let off any called Bonfires, or fhall fet fire to, or let off", or throw or s ' any Squib, Serpent, Rocket, or Fire Works whatfoever, or fire off any Cannon, Gun, or Piftol, in any of the Foot- ways or Carriageways of any of the Squares, Streets, Lanes, Alleys, and Places within the Jurifdiction of the faid Commiflioners, every Perfon fo offending, in any of the faid Cafes, fhall for the Firft Offence forfeit and pay the Sum of and for the Second and every other Of- fence the Sum of over and above fuch Pe- nalties as are inflicted for or upon any or either of the faid Offences by any Law or Statute now in being. SmmiLn- 3ntl ^ it fUtt&et €naftCu\ That the Clerk to the Com- ers to give " miffioners for putting the faid former Acts and this Act in Notice to Execution (hall, and he is hereby required, within ers^r'sewers a ^ ter ^ ie Confirmation of any Contract for new paving any when Con- of the Squares, Streets, Lanes, and Places within the Limits traasfomew a f refaid, tranfmit, or caufe to be tranfmitted, to the Clerk confirmed. or Surveyor to the Commifiioners of Sewers, a Lift of the Names of every fuch Square, Street, Lane, or Place, for which a Contract for new paving hath been made and confirmed, to the End the faid Commiffioners of Sewers may caufe the Sewer or Drain, in all or any fuch Squares, Streets, Lanes, or other Places, to be cleanfed, emptied, and repaired, if they mall fee Occafion fo to do, previous to the new paving thereof. Houfes and £ntl t)C it fUttf)CC CnactCO, That it mail be lawful for Lamp irons t k e Commiflioners for putting this Act in Execution, and for to be num- . r e> bered; the reipecuve Committees, from Time to Time, to caufe every Houfe, Shop, Warehoufe, and Building, or other Te- nement, and alfo every Lamp Iron, or Lamp, fixed or placed up by Order of the faid Commiflioners, or refpeitive Com- mittees, to be marked or numbered, in fuch Manner and in fuch Part thereof as the faid Commifiioners or refpec- tive Committees fhall iudge mod proper for diftineuifhing the and Orders cf r , ,,- J j? j r . u a: j f Commiffion- f ame > an " al '° ma y order and cauie to be affixed to or ers or Com- againft any fuch Houfe, Shop, Warehoufe, Building, or be'ftud may ot ^ er Tenement, any written, printed, or painted Order or Penalty on' Orders ; and if any Perfon or Perfons fliall wilfully tear, derlroyingthe deftroy, pull down, cover, obliterate, or otherwife render fame. illegible, or injure any fuch Marks, Numbers, Defcriptions, or [ «3 ] or any Part of them, or caufe or procure the fame to be done, any Perfon fo offending fhall for every fuch Offence forfeit and pay any Sum not exceeding Shillings, nor lets than PtCfeiDCB aftoagiS, That when any Houfe, Shop, Ware- labium to houfe, Building, or other Tenement fhall be new painted, to or caufe Num- againft which any fuch Marks or Numbers fliall be painted, £"«."*£" affixed, or defcribed, the Perfon or Perfons owning fuch his Houfe Houfe, Shop, Warehoufe, Building, or Tenement, fliall not "j^ .be liable to pay the Penalty aforeiaid, if, within after finifhing fuch Painting on the Qutfide of fuch Houfe, Shop, Warehoufe, Building, or Tenement, he, fhe, or they fliall caufe every fuch Mark or Number to be reftored or re-painted, where fuch former Mark or Number was originally painted, affixed, or defcribed, SIllD tt it fUttber (ZEnaftCD, That it fliall be lawful for the laid refpective Commiffioners, and they are hereby au- thorized and empowered, yearly and every Year, after their Accounts are fettled and adjufted for the preceding Year, to apply and appropriate the Whole or any Part of the Balance (if any) of the Rate levied and collected by virtue of the laid Act of the Eleventh Year of His prefent Majetty, for repairing, cleaning, and lighting the Squares, Streets, and Places in the City and Liberties of IVejlminjler, and Parts adjacent, towards difcharging the Principal Sum bor- rowed on the Credit of the Rate of Six Pence in the Pound, for the Purpofe of new paving the Squares, Streets, and Places within the Limits aforefaid, any thing in the faid Adt of the Eleventh Year of His prefent Majefty to the contrary thereof in anywife notwithstanding, SltlO tohcrcaS by the faid recited Adts, or fome of them, Mani , erof it is declared, that no Preference fhall be given to any repaying Perfon or Perfons in the Re-payment of any Principal Sum *f or f y ie * or Sums of Money lent or advanced on the Credit, or by Way of Mortgage of the Tolls, Rates, or Annual Pay- ment, by the faid Adts, fome or One of them, granted or made payable, but that all fuch Perfons fhall be deemed Creditors in equal Degree one with another, on the refpec- tive Tolls, Rates, or Annual Payment, whereon fuch Monies fhall have been refpedtively lent or advanced : 9nD tBljCCCaS fuch Regulations may be attended with Inconveniencies, in paying off fuch Mortgages : IBC it tfjertfOte fUttfjCC SEnaftCtJ, D That Manner of .That it fhall be lawful for the faid Commiffioners or refpedhe Monly bor- Committee.- , as the Cafe may be, when and as often as the towed. Surplus of any Tolls, Rates, or Annual Payment granted 1 y the laid former Acfs, any or either of them, (after Payment of all Sums of Money charged thereon, and after all Purpofes for which the fame were refpeSively granted (hall be fatisfied and performed} fhall amount to of the Principal Sum borrowed, to caufe the Number of al! the Affigfir&ents or Securities for Money due and owing to the Cre- ditors on the faid refpedive Tolls, Rates, or Annual Pay- ment, to be put feparately into a Box or Glafs, and that fo many Numbers of the faid Affignments or Securities fhall be drawn out of the faid Box or Glafs, by the Clerk to the faid Commiffioners or refpedive Committees, in the Pre- fence of or more Commiffioners or Committee Men, as the Cafe may be, at fome or One of their Meetings, as fhall make up the Sum then intended to be paid off; and that Calendar Months Notice in Writing, or printed, and fjgned by the Cleric to the faid Commiffioners or refpedive Committees, fhall he given to the Perfon or Perfons who fhall be ■entitled to fuch Affignment or Affignments, Security or Secu- rities, fo drawn out, or thai! be left at his, her, or their laft or ufual Place of Abode, that his, her, or their Affignment or Affignments, Security or Securities, Principal and Intereff, will be paid off, or fo much thereof as fhall be fo drawn cut as aforefaid ; and that at the Expiration of the faid Ca- lendar Months, to be computed from the Day of fuch Notice being given, or left as aforefaid, all Intereff on fuch Affignment or Affignments, Security or Securities, (hall ceale and de- termine. Claufe to make it Felony to counter- feit Align- ments or Certificates. SntJ bC it further CnafteC, That if any Perfon or Perfons whomfoever (ball forge, counterfeit, or alter any Affignment or Certificate authorized or directed to be made, given, or granted by the faid former Ads, any or either of them, re- lative to the borrowing;, colleding, receiving, or paying of any Money, every fuch Perfon fo offending in any of the Cafes aforeiaid, and being thereof lawfully convicled, fhall be ad- judged guilty of Felony without Benefit of Clergy. ^atesmay £flfl t)C it futtljcr CnaftCU, That in order to avoid the Lofs befo?e e (>ar- tnat frequently happens from Tenants or Occupiers of Houfes ter Day, and Tenements, who frequently quit and remove from fuch whe:e Perfons Houfes and Tenements before the Quarter Day on which the Rates and Aflefiments charged by virtue of the faid former Ads, [ '5 ] Ads, or fome or One of them, on the faid Houfes or Tene- ments, become due and payable, it ihall be lawful for the Re- ceiver appointed by the CommilTioners, and the Collectors appointed by any of the refpective Committees ' before any fuch Quarter Day, or at any other fubfequent Time (Oath being firft made before One of His Majefty's Juftices of the Peace for the Counties of Middle/ex or Surrey, or City and Liberty of Wejlminjler, as the Cafe may be, (which Oath fuch Jultice is hereby required to adminifter) that there is good Caufe to fufpeel that fuch Tenant or Occupier intends to re- move before the next Quarter Day) to afk, demand, and re- ceive the refpective Rates and Affefiments that would be due and payable on the then next Quarter Day ; and in cafe of Non-payment thereof, to enforce the Payment of iuch Rates and Affeffments in the fame Manner, and with the fame Powers, as they could or might, by virtue of any of the laid former Acts, in cafe of Non-payment of fuch Rates and Affeff- ments upon or after the Quarter Day on which the lame became due and payable. 3nU VDl)Crca0 in fome Cafes Perfons remove from their juftices to Houfes, bhops, Wharfs, Warehoufes, Coach Houfes, Stables, fe«je P'jgor- Cellars, Vaults, Buildings, Tenements, or Hereditaments, w be paid by without paying the Rates affelTed on them, and other Perfons Perfons going do enter, and occupy the Premises Part of the Year, whereby ™ ■£ com - feveral Sums of Money may be annually loft-, "Be it therefore Houfes, & c . CBnafiCD, That where any Perfon or Perfons (hall come into b "™f a or occupy any Land, Ground, Houfe, Shop, Wharf, Ware- Days/' houfe, Coach Houfe, Stable, Cellar, Vault, Building, Tene- ment, or Hereditament, out of or from which any other Perfon rated or affefied by v'ntue of this Act {hall be removed, or which, at the Time of making fuch Rate, was empty or unoccupied, that then every fuch Perfon fo removing from, and every Perlon fo coming into or occupying the fame, mall be liable to pay fuch Rate or Affeffment, :n Proportion to the Time that fuch Perfon or Perfons occupied the fame refpec- tively, in the fame Manner, and under the like Penalty or Diftrefs, or by Action, as if fuch Perfon fo removing had not removed, or if fuch Perfon Co coming in or occupying had been originally rated and affeffed in fuch Rate ; which faid Propor- tion, in Cafe of Difpute, (hall be afcertained by any of His Majeftv's Juftices of the Peace for the Counties tf Midd/e/l'x or Surrey, or City and Liberty cf Wefr,ninjler t as tl e Cafe may be. [ 16 J "OaR-efufal Zf[% for the better and more ffFcflual recovering the 10 pay Rates, ^ at 3 AftefTments directed to be made by any of the now to be recovered. faid Acts, JgC it ftirtftCt GBnaftCD, That in cafe any of the Inhabitants or Occupiers, or any Owner or Owners, Pro- prietor or Proprietors, Lcffee or Leflees, of any Land, Ground, Houfe, Shop, Wharf, Warehoufe, Coach Houfe, Stable, Cel- lar, Vault, Building, Tenement, or Hereditament, within the Limits aforefaid, or in ca'e any Church Warden or Chapel Warden for the Time being of any Parifn Church., Church Yard, or Chapel, or any Treafurer, Owner, or Proprietor, of any Meeting Houfe, School, Market, void Space of Ground, Fence Walls or other Walls, Wharfs, Warehoufes, or other public Building whatfoever, made liable to pay any Rate or AffeiTment, made, laid, and afftffed by virtue of the faid Acts, or any of them, fhall refufe or neglect t'j pay the fame, and all Arrears due thereon, it fhall be lawful for "fuch Receiver or Collectors, by Wan ant under the Hand and Seal of any Juftices of the Peace for the faid Counties of Middle f ex or Surrey, or City and Liberty of Weji- minfler, as the Cafe fhall be, (which Warrant any fuch Juftices are hereby authorized and required to grant) in any Place within the Jurifdidtion of fuch Juftices, or out of the Limits thereof, f ich Warrant being firft: backed or counter- figned by fome Magiftrate of the County., City, Liberty, or Place, where the Diftrefs is to be made (which Warrants fuch Magiftrate is hereby required to back or counterfign without Fee or Reward) to collect or fuch Rate, and all Ar- rears due thereon, by of the Goods and Chattels of the Party fo neglecting or refufing to pay, where- foever fuch Goods and Chattels fhall or may be found ; and if, within Days next after fuch fhall be made, the faid Rate or Rates, AfTeffment or AfTefTments, together with all Arrears due thereon, fhall not be paid, together with the reafonable Charges of taking and keeping fuch the faid Receiver or Collectors fhall caufe the faid Goods and Chattels to be or fuch Part thereof as fhall be fufficient to pay the faid Rate or Rates, Aifefiment or Afleflments, together with all Arrears due thereon, and the reafonable Charges of making fuch returning the Overplus (if any be) to the Owner or Owners of fuch Goods and Chattels refpectively, upon Demand thereof made ; and in cafe any Perfon or Perfons liable by the faid Acts, or any of them, to pay any Rate or AffeiTment, fhall be under Comrniflion of Bankruptcy, or if his, her, or their Goods and C *7 1 and Chattels, or any of them, fhall at the Time any Rate or Afleffment fhall be due and be demanded, be taken in Ex- ecution, or afTigned by any Bill of Sale, or otherwife, in every fuch Cafe, the Rate or Affeffment, and all Arrears thereon, (not exceeding One Year) due from any fuch Perfon or Perfon?, fhall and may be on the Goods and Chattels of the AfTignee or Afiignees of any fuch Bankrupt, and on the Goods and Chattels of the feveral and refpective Perfons having Inch Execution or Bill of Sale, in the fame Manner as is herein directed for the Recovery of Rates or Affeffments from any other Perfons ; and the Receipt of the Receiver or Colleclor appointed to recover any fuch Rate or Affeffement fhall kv a legal Difcharge to the AfTignee, or other Perfon or Perfons, paying any fuch Rate or Affeffment, or on whole Goods and Chattels the fame, or any Part thereof, may have been IprottiBeo aftoagg, ana it is fjerebg Cna&et? antJ Declared, ^"gjj- That the faid Commiffioners or refpective Committees may mhtTesmay neverthelefs, if they think proper fo to do, fue, in the Name Cue for Rate of the Clerk, Treafurer, or other proper Officer, all and every Perfon and Perfons made liable to the Payment of all and every fuch Rate and Rates, for all or any of the Rates or Affeffments which fhall be made by virtue of the faid Acts, or any of them, and all Arrears due thereon and unpaid, either in any of His Majefty's Courts of Law at IVeJlmwjler, or in any Court for the Recovery of fmall Debts, as the Cafe may be, within the refpeclive Parifhes, Precincts, or Liberties, fubject to the Powers of the faid former Acts and of this Act. 3nD fJC it fUttbet (ZEnafteD by the Authority aforefaid, Penalties may That all Penalties and Forfeitures by this Act impofed, (the Manner of recovering whereof is not hereby otherwife parti- cularly directed) fhall be of the Offender's Goods and Chattels, by Warrant under the Hands and Seals of any of His Majefty's Juftices of the Peace for the faid County of Middkfex, or County of Surrey, or City and Liberty of Wejlminjler, as the Cafe may be ; which Warrant fuch Juftices are hereby empowered and required to grant, upon the ConfefTion of the Party or Parties, or upon the Information of One or more credible Witness or Witneffes upon Oath (which Oath fuch Juftices are hereby empowered and required to adminifter) and the In- Informer former, and alfo any Inhabitant or Inhabitants, is and are here- ^bleW 1 ! Tii" by declared to be a competent Witnefs and Witneffes ; and of the Penalties and Forfeitures, when recovered, E (afier [ 18 ] (after rendering the Overplus (if any be) upon Demand, to the Party or Parties vvhofe Goods and Chattels fliall be fo and the Charges of making fuch and the keeping and Sale thereof, being firft deduded, or fuch Part or Parts thereof as is or are not hereinbefore other- vvife difpofed of) fhall, if not otherwife difpofed of, be paid to the Informer or Informers j and to the Treafurcr or Treafurers to the laid CommifTioners for the Application Time being, and ihall be applied to and for the Purpofes of Penalties. £ the f aid f ormer Ads and this Ad, in the refpedive Pa- rifh, Frecind, Liberty, or Place where the Offence was com- mitted, and not elfewhere; and in every Cafe where is directed to be taken by the faid former Ads or this Ad, and fufficient fhall not be found, and fuch Penalties and Forfeitures fhall not be forthwith paid, it fhall be lawful for fuch Juflice or Juftices of the Peace, and he and they is and are hereby authorized and required, by Warrant under his or their Hand and Seal, or Hands and Seals, to caufe fuch Offender or Offenders to be of the County or Place, there to remain without Bail or Main- prize, for any Time not exceeding nor lefs than unlefs fuch Penalties and Forfei- tures, and all reafonable Charges, fhall be fooner paid and fatisfied. Form of 2ntJ for the more eafy and fpeedy Convidion of Offenders Conviclion. aga j n ft tne &$ f ormer Ads, or this Ad, TSZ it (EnafteD by the Authority aforefaid, That all and every Juftice and Juftices of the Peace before whom any Perfon or Perfons fhall be convided of any Offence again ft the faid former Ads, any or either of them, or this Ad, fhall and may caufe the Convidion to be drawn up in the following Form of Words, or any other Form of Words to the fame Effed : " Be it rememberedj That on the " Day of in the *<: •-t 5* >-l 3* =T 3 0«? O o • o § fts paffed fo Lighting, an Squares, Stree Places, withi c? 3 *» n o O * re & CO — 1 r 1 3 •^ ■n «■ 3- n r 1 CTQ » 3 r D S CU »< ving, ulat- anes> 3* o >£ Q Q S ££ ? A C 6 $ & IP IP -v ! . j -«. w ' ^ „ & ! $ ® $ ® g A BILL FOR The further advancing the Cultivation, Improve- ment, and Regulation, of the Common Arabic Fields, Common Meadows, and Commons of Pafture, in this Kingdom. Note. — 'The Figures in the Margin denote the Number of the Folios in the written Copy. F::€0£&Jll)€lR<£9g>, by an Aft patted in the Thir- If § teent ^ Year of the Reign of His prefent Ma- li m § J e %> intituled, J« An Act for the better Culti- }§C"^ *«*)§( " .-tion, Improvement, and Regulation, of the kM)«(&}e£j* « Common Arable Fields, Waftes, and Com- '* mons of Pailure, in this Kingdom," it is, amongft other Things, Enacted, That Three Fourths in Number and Va- lue of the Occupiers of fuch Common Fields, with fuch Confent and under fuch Reftridtions as are therein mentioned, A may [ 3 ] may come to an Agreement for keeping the fame in a parti- cular Courfe of Hufbandry, and under particular Regulations, for the Term of Six Years, or Two Rounds, according to the ancient and cftablifhed Courfe of each Parifh refpectively : 3lV0 fcTJhCtCaji the faid Act has been carried into Execution with great Advantage in feveral Places ; but it appears that the Ends of the fame might be greatly advanced, and the Benefits ariiing therefrom increafed, if Encouragement was given to the laying together. of the Lands of the feveral Occupiers, which lie difperfed in different Places in fuch Fields, into more convenient Plots for the Occupation of the fame : May it therefore pleafe Your MAJESTY, That it may be Enacted; 2lnQ bt it CnaftCD by the KING'S Moft Excellent Majesty, by and with the Advice and Con- fent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament aiTembled, and by the Authority of the fame, That wherefoever fuch general Agreement fhall be en- tered into for the Cultivation of any Common Field, as is authorized and defcribed by the faid above-recited Act, it mail and may be lawful for any Occupiers of Lands in fuch Com- mon Fields, or their Guardians or Truftees ; with Confent in Writing firft had and obtained from the Owner cr Owners, his or their Guardians and Truftees ; and alfo of each and every Mortgagee, Annuitant, or other Perfon having a Security affefting the fame ; and alfo of the Lord of the Manor, in refpect to any Lands which mall be Copyhold ; to make Ex- changes between themfelves of any Lands, as they ihall find convenient; which Exchanges fhall be good and binding upon all Perfons who fhall come to the Property or Occupation of fuch Lands during the Term of the faid general Agreement, any Difabiiity or Imperfection of the Eftate of fuch Owner or Occupier notwithftanding. PrctiiDcn altoags, anti Ijc it CnafteQ, That the Com- penfation which may be neceflary to be given for the Difference that may be of Quantity and Value in the faid Lands lb exchanged, fhall be by Payment of a Yearly Sum of Money, and not by any Fine or Foregift ; otherwife fuch Agreement fhall be null and void to all Intents and Purpofes whatfoevec. i&rotoilieD [ 3 ] ProtiiuetJ alfo, ant) be it CnaftcU, That fuch Lands fo exchanged fhall be furveyed and planned, and fhall be dis- tinguished by proper Bound Stones ; and a Copy of fuch. Agreement, together with a Copy of fuch Plan, fhall be lodged in the Parifh Cheft, and alfo, if Copyhold, deliver- ed to the Lord's Steward, to be inrolled in the Lord's Court, after the Execution of the fame ; otherwife the fame mall be null and void to all Intents and Purpofes whatsoever. 3nU bZ it fUCtlJCt CnaftCtl, That every Landlord, Mort- gagee, or other Creditor, or any other Perfon whatfoever, having any Right or Demand affedting any of fuch exchanged Lands, (hall, during the Continuance of fuch Agreement, have the fame Right and Remedy in and againft any fuch Land taken in Exchange, as he would have had againit the Land given in Exchange for it. 3ntJ tohctCaS it would greatly conduce to the better ma- nuring of fuch Common Fields, efpecially thofe Parts which lie remote from the Dwellings and Homefteads of the Oc- cupiers of the fame, if they were enabled to inclofe, and hold inclofed, a fmall Portion of the fame, for the Purpofe of a Foddering Yard, Sheepcote, or fuch like Convenience ; IBt it CnaSCt! by the Authority aforefaid, That it mall and may be lawful for every fuch Occupier, with Confent of the Owner, to inclofe, and hold inclofed, any Parcel or Parcels of their Lands in fuch Common Fields, not exceed- ing in the Whole the Quantity of provided the fame do not interrupt or obftrucl any public • or private Road. SnU tahClCaS many fmall Trefpaffes, and Breaches of the Regulations agreed to according to the Act above recited, may be committed, with regard to which the Remedy by Aclion in any of His Majefty's Courts of Record at Wejl- minjier may be thought too troublefome and expenfive ; IBC it CnafteO by the Authority aforefaid, That upon In- formation being made by the Field Mafter or Field Reeve for the Time being, before One Juftice of the Peace for the County, Riding, or Divifion, wherein the Tovvnfhip mall lie, and Proof made thereof by the Oath of One or more i ■credible Witnefles, fuch Juftice may order the Party of- fending to pay a Sum not exceeding which Penalty, I 4 ] Penalty, in cafe fuch Perfon fhall not pay the fame with- in Days after Demand, (hall, -by virtue of a Warrant under the Hand and Seal of the faid Juftice of the Peace, be levied by of the Goods and Chattels of the Party fo offending, if not redeemed within Days, rendering the Overplus of the Value of the Goods (if any) — . £r • ^ o ja 3 °- ^ O J> B" - ? i 3 -<• I 3 Ore? IB 3 — O 3 * ; m P. i i w «£> &%> *2» cSfc «? <8S> «SP W W W «SS> BILL [With the Amendments] T O Explain and amend the Laws now in being re- lating to Sewers. Note. — The Figures in the Margin denote the Number of the Folios in the written Copy. n^mmyg. It) <& 1R <£ 3 % Commiffions of Sewers have ifTued S^ &*j> anc i been directed into divers Parts of the Realm, w &&{ w in a Manner fjitable to the Circumftances of )&}£ )t<^( Time and Place then and there requifite: 9nH tOhC'CCaS, by an Act pafTed in the Twenty-third Year of the Reign of King Henry the Eighth, intituled •' A Bill of Sewers, with a new Provifo, &c." it was Enacted, That CommiiTions of Sewers, according to One prefcribed Manner, Form, Tenor, and Effect, therein recited, mould be directed into all Parts of the Realm; which Act, at firft temporary, was, by an Act pafled in the Third and Fourth Years of the Reign of King Edward the Sixth, made pemetual : A SnD [ 2 ] QnU tobCtCaS many of the Provifions, by a Change of divers Circumftances, in the Courfe of a long Period of Years, ceafe to have the Effect prorofed, and are no longer fufricient Remedy to the Reformation of the Premii'es, as therein and thereby intended: 3llD u3yXrC&Sf, amongft other Things, it was by the faid Bill of Sewers Enacted " That if any Manner of Perfon or Perfons, of " wha,t Eftate or Degree foever he or they be of, that from •' henceforth doth take upon him or them'to" fit, by vir- ** tue of any of the laid Commiflions, not having Lands " and Tenements, or other Hereditaments, in Fee Simple, -" Fee. Tail, or for Term of Life, to the clear yearly Va- " lue of Forty Marks, above all Charges, to his own Ule, •* except he be refiant and free of any City, Borough, " or Town Corporate, and have moveable Subfiance of the " clear Value of One hundred Pounds, or elfe be learned " in the Laws of this Realm in and concerning the fame, " that is to fay, admitted in One of the Four principal " Inns of Court for an Utter Barrifter, mall forfeit Forty " Pounds for everv Time that he fhall attempt fo to " do:" jl20to tofrCtcag, from the different Value of Money, Lands, and other Circumftances, the Qualification therein, by the Tenor of the faid Act defcribed, is no longer fuch as the true Meaning thereof requireth, or fuch as in like Cafes is now required: May it pleafe Your MAJESTY, That it may be Enacted ; aitf) be it CttaftcD by the KING's Moft ExcelientMAjESTY, by and with the Advice and Content of the Lords Spiritual and Temporal, in this prefent Parliament afiembled, and by the Authority of the fame, That from and after the palling of this Act fo much of the faid Act of the Twenty-third Year of the Reign of Henry the Eighth, as relates to the Qualification aforefaid of Perfons acting as Commiffior.ers of Sewers, mall be, and the fame is hereby decbred to be repealed, refpecting all Commiffions of Sewers hereafter, after the paffing of this Act, ifiued, and refpecting all Commilnoners of Sewers hereafter, atte. the pafli:;g of this Act, named and appointed as Commidioners of Sewers. ami '<.< .!i 3nB be it further CnattCtl by the Authority aforefaidf 5 ^^"^*^ *^z^+*~^^A2 y^.. That no Perfon (except as hereinafter is excepted) fliall be^j* ^^^r^J^*ZL~> * ""^ ^ ' capable of acting as a Commitfioner of Sewers, under any ^ 0l «v^*/P ) ^T'XXt^4' / ^ million hereafter, after the pafling of this Act, iflaed, unlefs he VU~ ** fliall have, (either in Law or Equity, to and for his own Ufe and Benefit, in Pofieffion, a Freehold, Copyhold, or Cuftornary Eftate for Life, or for fome greater Eftate, or an Eftate for fome long Term of Years determinable upon One or more Life or Lives, or for a certain Term originally created for Twenty- one Years or more, in) Lands, Tene- ^^^^ Jf^^^/C^ ments, or Hereditaments, [lying or being in that Part ofw/T' . ( * /12s*/ u '* Great Britain called England, or the Principality of Waks£^y~~ f '*^^ jf *sj* of the clear yearly Value or fj)ne hundred PoundFJ overy f^^t/ ^ tl .^/A« and above what will fatisfy and difcharge all Incumbran-^/^; ^S 'J££^ ces that affect the fame, and over and above all Rents and Charges payable out of or in refpect of the fame ; or who fliall not be feifed of or entitled unto, in Law or Equity, to and for his own \Jk and Benefit, the immediate Re- verfion or Remainder of and in Lands, Tenements, or He- reditaments, lying or being as aforefaid, which are leafed for One, Two, or Three Lives, or for any Term of Years determinable upon the Death of One, Two, or Three Lives, upon referved Rents, and which are of the clear yearly Value of Three Hundred Pounds, and unlefs One Third Part of fuch (^afificatiof/ afore defcribed and defined lieth and is within the Precincts of the Jurifdiction of the CommiiTion of Sewers for which the Perfon qualifies and acts as a Comtniffionerj and who fhall not at the Time, or before he takes upon himfelf to act as a Commiflioner of Sewers, at fome General or Quarter Seflions, or Court of Sewers, in the Diftrict for which he is commiffioned, and does or fliall intend to act, firft take and fubferibe the Oath following ; videlicet : " I A. B. do fwear, That I truly and bona fide have " fuch an Eftate, in Law or Equity, to and for my M own Ufe and Benefit, confiding of " " [fpecifying the Nature of fuch Eftate, whether Mefluagc, Land, Rent, Tythe, OHi ^, Benefice, or what elfe] C0t)i0CD, That no private Perfon that (hall make, or ciule to be made, any fuch Banks fo in Decay as aforefaid, (hall take any Diftrefs before he hath delivered a true Account of the Monies lo by him or them difburfed, unto the Owner, or unto Six Commiffioners of Sewers, 2nd have obtained a War- rant under the Hands and Seals of the faid CornmiiTioners, for the taking of fuch Diftrefs; and that every Diftrefs fo taken may be prized and fold as aforefaid ± and every fuch Sale (ball be as good and available, to all Conftrudtions, as if the fame had been made or done by the Dykereeve or Dykereeves, their Deputy or Deputies, or by any other Officer whatfoever. ^r0t3itlCD alfoapS, That if the Cattle, Goods, or Things which lhall be at any Time fo taken, diftrained, and fold, as aforefaid, (hall amount unto any more or greater Sum than (hall be by him or them difburfed and forfeited, by virtue and force of this Act, that then every fuch Perfon who (hall take 'any fuch Diftrefs, (hall as well pay or caufe to be paid, or fatisfied, to the Owner or Owners of the faid Diftrefs or Diftreffcs, upon Requeft by him or them made, the Surplufage of all (uch Sum and Sums of Money that (hail remain in his or their Hands, as alfo to deliver to the Owner or Owners of the laid Diftrefs or DiftrefTes, upon like Requeft, a true and perfect Bill of all the Money as well expended and d. (burled, as alfo received and taken, by virtue of this Adc. E ants i8 [ ** ] 9ttjO tie it *2BnacteU by the Authority aforefaid, That in ■ail Cafes wherein any Officer or Minifter, or other Perlbn, acting under and by Authority of any CommifTion of Sewers, is empowered to make Diftrefs and Sale of the Goods and Chat- tels of any Perfon or Perfons within the Precincts of the Juris- diction of fuch CommifTion aforefaid, for Neglect or Refufal of Payment of the Arrears of any Rate, Tax, or Affeffinent, as by the Laws of Sewers are directed to be made, or for any Forfeit or Penalty incurred, or on Account of any Fine or Amerciament, fuch Officer or Minifter, or fuch other Perfon, may in fuch Cafe make Diftrefs and Sale in like Manner and Form, and under the like Protections, reflecting the Powers of the Commiffion and Commiffioners of Sewers, as by the Powers given and Provifions made in and by the feveral Laws in force, directing the Mode of Diftrefs and Sale for Rent, but more elpecially by an Act paffed in the Eleventh Year of the Reign of King George the Second, intituled, " An Act for the " more effectual fecuring the Payment of Rent, and prevent- '* ing Frauds by Tenants," are enacted. ProDitJCB alftmp0, That in the Cafe wherein this laft- mentioned Act directs that Recourfe be had to Two Juftices of the Peace, from whom there may be an Appeal to the Quarter Seffions of the Peace, there fhall, in the like Cafe arifing in any like Manner reflecting the Laws of Sewers, Recourfe be had to Two Commiffioners of Sewers, and in Cafe of an Appeal from them, fuch Appeal fhall lie to the next Seffions or General Court of Sewers ; who are hereby em- powered to receive, hear, and determine upon, fuch Appeal. SlnO, in order to prevent all fuch Danger as the Drainage of the Country may be liable to, by Perfons, without being duly authorized, taking upon themfelves wilfully to obftruct any of the Sewers, or Works of Sewers, or in any Manner to pervert or alter the Operations thereof; 18 g it Clltl&CD by the Autho- rity aforefaid, That if any Perfon or Perfons fhall wilfully, to the Annoyance or endangering of the Country, or to obftructing the Drainage thereof, or without being duly and legally autho- rized, open or fhut, pull up or let down, any Door or Doors of any Tunnel, Sluice, Lock, Gole, or Gote, or in like Man- ner, and with like Intent, obftruct, {heighten, or widen, or any ways alter, any Tunnel, Streight, Drain, Run, or Sewer, by whatever Name fuch may be called or defcribed, or fhall in like Manner, and with like Intent, put down or raife, or lower, enlarge, or lefTen, any Wear, Head, or Dam, or any ways da- mage [ *9 ] mage any inland Bank, not being the Bank of any River cr main Drain, being within and under the Jurifdiclion of the i g Sewers Law, and mall, on the Oath or Oaths of One or more credible Witnefs or Witneffes, be convicted thereof before any Two or more Juftices of the Peace a&ing for the County, Divifion, or Place wherein the Offence mall have been com- mitted, fuch Offender or Offenders mall for every fuch Offence forfeit and pay, according to the Nature of his or their Offence, any Sum not exceeding Fifty Pounds, nor lefs than Five Pounds, at the Difcretion of the laid Juftices, and fuch Offender or Offenders mall moreover be liable to pay, and mall pay, all fuch Expences as the Reparation of the Damages done to any of the Works or Defences of the Sewers, by their Offence, fhall have cofi (the laid Cofts being firft examined and allowed by the Commifnoners of Sewers) to the Perfon or Perfons, Officer or Officers, who by Law ihall be charged with the Care, Prefervation, and Reparation, of the Works of the Sewers in the faid Parts, and who (hall have actually repaired the fame ; and fuch Offender or Offenders neglecting or refuting to pay the fame, mall be committed to the County Gaol, there to remain until the fame fhall be fo paid as herein required. PrOfcitieU altoagS, That nothing herein contained mall ex- tend, or be conftrued to extend, to prevent any Perfon or Per- fons, who mall be injured in their private Property by any of the Offenders aforefaid, from fuing for Trefpal's or Damage, or from recovering Damages, in His Majefty's Courts of Law. 3ntJ bC it further hcrebp (SnafteU, That if any Perfon or Perfons do wilfully and malicioufly break, or anyways demolifh, any Tunnel, Ditch, Gutter, Sewer, Clough, Lock, Sluice, Gole, or Gote ; or cut or break down, burn, or demolifh, any Sea Bank, or any Bank of any River or main Drain, or any other the Works of Defence made, erected, fet up, or that (hall be hereafter made, erected, or fet up, by and under the Jurifdiction of any Commiffion of Sewers ; or fhall Ileal any Timber, Bricks, Deals, or any other Materials, actually em- ployed in, and being Part or Parts of, fuch Works and De- fences i fuch Offender or Offenders mall be judged guilty of Felony, and mall be fubject and liable to the like Pains and Penalties as in the Cafe of Felony ; and the Court by and be- 20 fore whom fuch Perfon or Perfons mall be tried and convicted, fhall have full Power and Authority to tranfport fuch Felon or Felons to fome of His Majefty's Plantations, for any Term of -• { 20 ] of Years, ndt more than Seven Years nor lefs than Three Years, in like Manner as other Perfon or Perfons convicted of Felony are directed to be tranfported by the Laws and Statutes of the Realm, or to aflign fuch other Punifhment as any Statute may or mail affign to fuch Perfons convicted of Felony, in lieu of the Punifhment of Tranfportation. 3ntl i)C it CliaftCD by the Authority aforefaid, That any Perfon appointed or to be appointed a Commiflioner, in or by virtue of any Commiflion of Sewers, who mall be a Juftice of the Peace, may, and is hereby authorized, empowered, and required to act as a Juftice of the Peace within the Precincts of the JurifJiction of fuch faid Commiflion, in the Execution of fuch Powers and Authorities as are by the Laws and Statutes of the Realm, and by this Statute, given to any Juftice of the Peace, notwithstanding his or their being a Commiflioner or Commiflioners of Sewers, provided fuch Juftice be otherwife qualified, and not interefted in the Matter in Qneftion, other than as a Commiflioner of Sewers. 3nt) fthcrcag the Commiflioners of Sewers are by the " Bill of Sewers with a new Provifo, &c." afore named, created a Court to hear and determine all and Angular the Premifes fpecified in the faid Act, as well at the Suit of Our Lord the King, as at the Suit of any other whatlbever, com- plaining before them, or Six of them ; T&C It (JtnaftClJ by the Authority aforefaid, That without a Jury of lawful Men, fworn and acting as the Law requiies, the faid Commiflioners fhall «^ not hear, nor without a Verdict or Prefentment of fuch Jury en the Matter of Fact, determine, give Judgment, or make any Decree whatfoever in their judicial Capacity. &!lU fcC it further (£naftC3 by the Authority aforefaid, That no Perfon whatlbever fhall lit and act as a Commiflioner of i Sewers, to hear and determine in any Cafe whatfeever in which he is (other than as a Commiflioner) perfonallv, ur by Realon of his Property, or of any Property in Right of which he is qua- lified to be a Commiflioner of Sewers, in anv Manner whatfo- 21 ever, directly or indirectly, interefted or concerned in the Cale, under the Penalty of forfeiting and paying the Sum of One hun- dred Pounds for every Time that he fhall lb fit and act, One Half thereof to Our Sovereign Lord the King, and the other Half to theUfe of him or them who fhall fue tor the fame, in any of the King's Courts at Wejlmhijler , by Action of Debt, or on the Cafe, Bill, Plaint, or Information* wherein no Eflbign, Pro- tection, [ „ ] teflon, or Wager of Law, nof more than One Imparlance, fliarH be allowed j and any Perfon or Perfons having any Caufe to he heard and determined before the faid Court of Sewers may and ihall have Challenge again;!: any Commiffioner fo concerned and interefted. &nD fcC it flirtljer (ZEtiaSteO by the Authority aforefaid, That in all Cafes relative to and concerning the Execution of the Laws of Sewers, any Perfon aggrieved by any Juftice or Juftices of the Peace fhall have Appeal to, and be heard on the Matter cf fuch Complaint at, any General or Quarter Seflions of the Peace to be held within Four Month?, for the County or Precinct wherein fuch Juftice or Juftices of the Peace acted ; and any Perfon aggrieved by any inferior Of- ficer or Minifter of the Sewers, whether deputed and af- figned by the Commiflioners of Sewers, or chofen and ap- pointed according to the Cuftom of the Country, fuch Perfon ib aggrieved mall have Appeal to, and be heard by, the next Seflions or Court of Sewers, on the Matter of fuch Complaint ; and the Juftices of the faid General or Quarter Seflions, and the Commiflioners of the faid Seflions or Court of Sewers, as the Matter fhall come reflectively before them, are hereby refpec- tively authorized and required, if the Appellant mall make good the Matter of his Complaint, to give fuch Relief, and to award fuch Damage and Cofts, as the Nature of the Cafe (hall appear to them to require ; as alfo, where, on fuch Appeal, the Ap- pellant fhall not make good the Matter of his Complaint, or where fuch Appeal mail appear to them to be frivolous or vexatious, to give to the Juftice or Juftices, Officer, or Mini- fter, againft whom fuch Appeal was made, fuch Relief, and to award to him fuch Cofts and Damages, as the Nature of the Cafe fhall appear to them to require. IptCtJiDCD aUuapg, That nothing herein contained mall ex- tend, or be conftrued to extend, by fuch Right of Appeal, to fufpend or obftruct any Order, Act, Matter, or Thing, which may be necefTary to be executed or done for the immediate Safety and Defence of the Country, within the PremifTes, or to abfolve any Perfon from obeying fuch Order, 22 or from doing fuch Act, Matter, or Thing, in fuch Cafe of immediate Necefhty, however fo much fuch Perfon or Per- fons may think himfelf or themfeives aggrieved thereby, his and their Right of Appeal for Relief and Remedy remain- ing at the fame Time notwithstanding. F Snti [ « 3 3nD fae it furtfjec €naftCi3 by the Authority aforefaid, That no Law made or to be made by the faid Commif- fioners of Sewers mall have any Force or EfFedl, unlefs fuch Law be made at a General Quarter SeiTions or Court of Sewers j and unlefs Duplicates thereof, written on Parch- ment, and indented, be figned and fealed by Six or more of the faid Commiflioners then and there prefent, whereof Three mall be of the Quorum j and unlefs, being fo made, figned, and fealed, One Part thereof mall be tranfmitted to His Majefty's Moft Honourable Privy Council, and mail there receive His Majefty's Royal AfTent in Council, certi- fied by One of the Clerks of the faid Council to the faid Commiflioners. IprotriBet) alteagg, That nothing herein contained mall extend, or be conftrued to extend, to the retraining the Ccmmimoners of Sewers, in their Court of Sewers, from making Ordinances reflecting any particular Cafe within the Premiffes, upon Authority of Law already in force, nor to abate the Force .and Effect of fuch Ordinances fo made and •ordained accordingly. 2ntl, to the Intent that any Perfon or Perfons who may think himfelfor themfelves in Danger of being aggrieved or damaged by any fuch Law as aforefaid, made at fuch Seffions or Court or' Sewers, may have Time to petition to be heard at the Council Board againft fuch Law receiving fuch Royal Af- fent; IBt it ftmf)Ct €na&eD by the Authority aforefaid, That whenever the Commilfioners of Sewers mail make any new Law, or repeal any old Law, they mall, by their Clerk, give public Notice of their having made or repealed fuch Law, in fome public News-paper which is moft generally circu- lated and moft in ufe in thofe Parts or County wherein the Premillcs lie and are iituated, One Calendar Month at leaft before it is tranfmitted to the Privy Council. ^//^ *£ ;£ ^jCs^dC^ &rz*aJZ£a£ J%.^/ ^y^z^ <*^>y <**"^ 0~tj£s J*^' /na^z^^/ ^ t£s *&?t^jj^ ^^j^***^**t^* ' '6Z^< vstt*/ {tfysi^t^' t^th?**^ 1 *' crf&rTvtStrr' ^M^y /%#■' z *rt£y , * /^^ s ' / // 'u/* >*z »^t^/.^^7^ y . y **~y y . ^\ i y? y X -jy ^ ^v^ w X ■Wa •5. r— 1 3 cr n 5 Ma 3 3 00 *— • P 1-* D 3 3* &q &. •-i P 1 . 3" l-H ST J " D crc B. > O if 3* 3 r CO o f 3 3 o en CO n 3 CO r - » 3 O I—I O c53j <£2j (§£> rJ2> &b <§E> cKb cSSj <£& 6tb <3£i csa> egg; O & ^S* W W W W <3l? <»? < ?S J V^ W "SS 1 <85> W & vf <3£> ^Kb $& $£> <§&> <$£> <9B> Vf #4 w> w w w w w w w w w ««S' w Q ^v qGp <** 9Hp 2tJ> IS itp -li »Q> .£p to> ■Q 1 •£1> 'O 1 4P Cp out' w ho are extending their Enquiries into )£ 3x3 jg the State and Condition of the Poor, mould be ££& ;§£>£ informed of the feveral Charitable Donations for &&£060o0$ the Ufe and Benefit of Poor Perfons ; which In- formation cannot be effectually obtained without the Aid and AiTiftance of Parliament : A M.iy [ 2 ] May it therefore pleafe Your MAJESTY, That it may be Enaded ; ^ntl t3C it (JEnafteD by the KING'S Moll Excellent Majesty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Com- mons, in this prefent Parliament aSfembled, and by the Authority of the fame, That a fufficicnt Number of printed Copies of this Act (hall, as foon as conveniently may be after the palling hereof, be tranfmitted by George White, Efquire, One of the Clerks of the Houfe of Commons, to the Clerks of the Peace of every County in England and Wales; and that the laid feveral Clerks of the Peace (hall, and they are hereby required, with all convenient Speed, to caufe the fame to be distributed amongSt the acting JuStices of the Peace within their refpeclive Counties, and alfo within all Ci- ties, Boroughs, and other Places, having feparate Jurifdictions, and Magistrates lituate within their faid refpective Counties ; and alfo to caufe a fufficient Number of the Schedule, to this Act annexed, to be printed, and delivered to the High Con- Stables, or other proper Officers, within every fuch County, and alio to the Town Clerk, or other proper Officer, of every fuch City, Borough, or Place, on or before the and alfo to receive the Anfwers and Returns made by the Minister and Churchwardens, purfuant to the Directions hereinafter given, and tranfmit the fame to the Clerk of the Parliaments, with all convenient Speed, in order that the fame may be infpected by the Members of both Koufes of Parliament, upon Pain of forfeiting for every Neglect and Default a Sum not exceeding nor lefs than 3nD t!C it further (SnaftCD, That the feveral Juftices of the Peace, within their refpective Jurisdictions in England and Wales, (hall, as foon as conveniently may be after the faid appoint a Time and Place, or Times and Places (which Time or Times (ball be on or before the then next for the Minifter and Churchwardens of the feveral Parishes, Town- Ships, and Places, within their refpective Jurisdictions, to attend them at fuch Meeting or Meetings for the Purpofes of this Act, with Returns and Anfwers to the Questions Stated in the Schedule to this Act annexed, and caufe Notice thereof to be given to fuch Minister and Churchwardens respectively, and [ 3 ] and alfo to the High Conftable, or, where there are no High Conftables, to fuch other proper Officers who have the Exe- cution of Precepts from Juftices of the Peace to inferior Officers, within fuch refpedtive Jurifdictions, and alfo to the Town Clerks, or other proper Officers, of fuch Cities, Towns, and Places, requiring their Attendance at fuch Meetings for the Purpofes of this Act. SntJ bC it further CnaftCtl, That the faid Juftices of the Peace fhall, and they are hereby alfo required, at fuch Meeting or Meetings fo to be appointed by them as afore- faid, to receive and take the Anfwers and Returns to be made by the Minifter and Churchwardens, purfuant to the Directions aforefaid, and then and there adminifter to them reflectively the Oath contained in the faid Schedule ; and fuch Juftices, if they fee Caufe, may examine fuch Minif- ter and Churchwardens upon Oath, touching any of the Matters contained in fuch Queftions and Anfwers ; and the faid Juftices fhall then deliver fuch Anfwers and Returns to the refpective High Conftables, Town Clerks, or other proper Officers, as aforefaid, in order that the fame may be by them tranfmitted to the Clerks of the Peace, as herein is directed. 3nt> fjC it further CtiafieB, That the feveral High Con- ftables, Town Clerks, or other proper Officers, fo defcribed as aforefaid, within the refpective Jurifdictions aforefaid, fhall receive from the faid Clerks of the Peace the faid printed Schedules, and deliver, or caufe to be delivered, One fuch Schedule to the Minifter, and alfo to the Church- warden or Churchwardens, in every Parifh, Townfhip, or Place within their refpective Limits ; and, when required by the refpeftive Juftices of the Peace as aforefaid, attend the faid refpective Meetings, and then and there receive the feveral Anfwers and Returns made by the Minifter and Churchwardens, and indorfe upon the Back of each of them the Name of the Hundred, Rape, Wapentake, Lathe, Precinct, Soke, Franchife, Liberty, City, Town, or County Corporate, wherein the Parifh, Townfhip, or Place, therein mentioned is lituate, and tranfmit the fame, together with a true and perfect Lift of the Names of the Minifter and Churchwardens of every Parifh, Townfhip, or Place, to whom fuch Schedules had been delivered by them refpectively as aforefaid, to the fe- veral I 4 ] ■veral Clerks of the Peace at the then next or the Adjournment thereof (which Adjournment the Juftices at fuch are required to make, to fome convenient Day within after fuch -in Cafes where any fuch Return's mail not be made at the laid and every fuch High Conftable, Town Clerk, or other proper Officer, ihall forfeit for every Default or Neglect, a Sum not exceeding nor lefs than 3nD bC it flirt&Cr dBnaftCB, That the Minifter and Church- wardens of every fuch Parifh, Townihip, and Place ihall, and are hereby required to attend the Juftices of the Peace at fuch Meeting or Meetings, and then and there deliver to the faid Juftices, in Writing figned by them, a juft and true Anfwer and Return to the faid Queftions, upon Oath, as before directed ; and that every Minifter and Churchwarden making Default in any of the Matters hereby required, fhall for every fuch Neglect or Default forfeit a Sum not exceeding nor lefs than at the Difcretion of the Juftice or Juftices before whom Complaint thereof fhall be made : And in order to enable the Minifter and Churchwardens to make Anfwers and Returns as aforefaid, they are hereby authorized and im- powered to infpect any Deed, Inftrument, or other Writing, relating to fuch Charitable Donations, and to take Copies of fuch Part or Parts thereof as (hall be neceffary for the Purpofes of this Act; and every Perfon or Perfons in whofe Cuftody or Power any fuch Deed, Inftrument, or Writing ihall be, mall, and he and they is and are hereby re- quired to produce, or caufe the fame, or a true Copy there- of, in cafe the Original fhall be in the Hands of a Perfon living above from fuch Parifh or Place, to be produced to the faid Minifter and Church- wardens for the Purpofes aforefaid, upon Pain of forfeiting for every Default or Neglect in the Premifes a Sum not exceeding nor lefs than at the Difcretion of the Juftice or Juftices before whom Complaint thereof fhall be made. 9ntl fJC it further CnaftCD, That there fhall be paid and allowed for the Trouble and Expences of the feveral Per- fons employed in the Tranfactions aforefaid, for every Re- turn r s i turn which fliall be fo made and tranfmitted to the Clerks of the Peace, purfuant to the Directions aforefaid, the Sums following, and no more ; (viz.) To the Clerk of the Peace, for the Return which fhall be made from every Parifh, Townfhip, or Place, the Sum of to the High Conftable, Town Clerk, or other proper Of- ficer, for the like, the Sum of to the Churchwardens, for the like, the Sum of to the Clerks of the Juftices of the Peace, for the like, the Sum of And that the Juftices of the Peace, at their refpective Quarter Seflions which fliall be held next after fliall, and are hereby required to make an Order upon their refpective Treafurers, to pay the fame out of the Rates to be made and collected for the refpective Counties, Ridings, Divifions, Precincfs, Sokes, Franchifes, Liberties, Cities, Towns, and Counties Corporate. SnD 6C it further (EnaftCtl, That the feveral Forfeitures and Penalties inflicted by this Act fliall, if not immedi- ately paid, be of the Offender's Goods and Chattels, by virtue of a Warrant under the Hand and Seal of any Juftice of the Peace having Juris- diction where fuch Offender fliall dwell, rendering to the faid Offender the Overplus (if any) after the Charge of fuch fliall be deducted ; and in cafe fufficient fliall not be found, then it fliall be lawful for fuch Juftice to fuch Offender to there to remain without Bail or Mainprize for a Term not exceeding unlefs the faid For- feiture and Charges fliall be fooner paid -, and the faid For- feitures, when fliall be paid and applied to the Informer, and 10 the other Half to the faid refpective Treafurers, in Aid of the Rates aforefaid; and any Perfon fliall be deemed a competent Witnefs for the Execution of any of the Pur- pofes of this Act, notwithftanding his paying, or being liable to pay, to fuch Rates. B SCHEDULE [ 6 ] I I H E D U L E. VJJE STIO N~S, Jo which, by virtue of an ASl pafj'ed in the Seventeenth Year of His Majejly King George the Third, intituled, " An Act to oblige the Minijler " and Churchwardens, or other proper Officers, in every " Pari/lj and Place within that Part of Great Britain " called England, to make Returns upon Oath of all Cha- " ritable Donations, for the Beneft of Poor Perfons, within " fuch refpeclive Parijhes or Places; diftinguijlnng, as far as " may be, by whom, when, and in what Manner, and for " what Purpofes, given, likewife whether fuch refpeclive Do- " nations were in Land or Mo?iey, and in whom now vejled, " and what is the Annual Produce thereof, refpeclively," Anfwers are to be returned by the Minijler s and Church- wardens for Churchwarden, where but One) of every Parijh, Townjl.np, and Place, in Writing, upon Oath, and fgned by them ; for which Purpofe the faid Minijler and Church- wardens are to attend the Juflices of the Peace within their refpeclive furifdiflions, at fuch Times and Places as 12 they Jhall appoint, on Pain of forfeiting for every Default or Neglect a Sum ?tot .exceeding nor lefs than FIRST QJJ E S T I O N. HAT Charitable Donations are there, for the Benefit of Poor Perfons, within your Parifh (or Place) by whom, when, in what Manner, and for what particular Pur- pofe, were they given ? W SECOND 0_U EST I O N. Were the refpeclive Donations in Land or Money j in whom are they now vefted; and what is the Annual Pro- duce thereof, refpeSively .? FORM [ 7 ] FORM of the OATH. "\7 O U mall fwear, That the Anfwers and Return now -*• made by you, to the Queftions contained in the Schedule hereunto annexed, is a full and true Anfwer to the faid Queftions, to the beft of your Knowledge, Information, and Belief. To be indorfed by the High Conjlable, Town Clerk, or other proper Officer, receiving the Returns from the "Jujlices. A N S W E R S returned to thofe Queftions, of the Parifh 13 ■**■ [or Place] of [in the Hundred, Rape, Wapentake, Lath, Precindt, Soke, Franchife, Libeity, City, Town, or County Corporate, as the Cafe mall be] the Day of <'cro On, ^1 3" 3 & ft 5 3 - 3 « 2 ** a^ ,j p 3 " p * •" g > o a 3 a N c 83 < p n> < w c/> £ 3 o a, p o O » cj a. o g O n> IJ 33 _ rro to < 3 ct-<" 3. -t *< — a o c/i 3 e 8>§ ** p (33 = S; p O a" 1 ^3 "a 3" C2- 2 O O O EL n> a - &. 2. rt> Op en a a "> § * = "■ Si^S. a- p 3 &C 1 - 3> " B.-S* q ^ 3 3 P a- ?! Cb 3 q 3 £ rt p p ^0 _ a g; p a^ ^ r* ^ **>S ° £q sr 2T ° » w o 3- P n> a W B T O Promote the Refidence of the Parochial Clergy, by making Provifion for the more fpeedy and effectual building, re-building, repairing, or purchafing, Houfes, and other neceffary Build- ings and Tenements, for the Ufe of their Benefices. Note. — 'The Figures in the Margin denote the Number of the Folios in the written Copy. Fy®myO\ \p e 1R <& a % many of the Parochial Clergy, Q-*£ ^-3 for Want of proper Habitations, are induced )6C ^ >5( to ren de at a Diftance from their Benefices, )8C"*\ F& by which Means the Parifhioners lofe the Ad- k^^MMjul vantage of their Inftru&ion and Hofpitality, which were great Objects in the original Diftribution of Tythes and Glebes for the Endowment of Churches : JFor Remedy whereof, A May [ * ] May it pleafe Your MAJESTY, That it may be Enacted; Snt3 fcC it ^flfiftCS D y the KING'S Moil Excellent Majesty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That from and after the Twenty-fourth Day of 'June, One thoufand Seven hun- dred and Sevcnty-feven, whenever the Parfon, Vicar, or other Incumbent, of any Ecclefiaftical Living, Parochial Benefice, Chapelry, or perpetual Curacy, whereon there is .no Houfe of Habitation, or fuch Houfe is become fo ruin- ous and decayed, or fo mean, that One Year's neat Income and Produce of fuch Living will not be fufficient to build, re-build, or put the fame, with the neceflary Offi- ces belonging thereto, in fufficient Repair, fliall think fit to apply for the Aid and Afiiftance intended to be given by this Act, it {hall and may be lawful for every fuch Parfon, Vicar, or Incumbent (after having procured from fome fkilful and experienced Workman or Surveyor, a Certificate, containing a State of the Condition of the Buildings on their refpeciive Glebes, and of the Value of the Timber and other Materials thereupon, fit to be employ- ed in fuch Buildings or Repairs, or to be fold, and al- io a Plan and Eftimate of the Work propofed to be done (fuch State and Eftimate to be verified upon Oath, taken be- fore fome Juftice of the Peace, or Mafter in Chancery, Ordinarv or Extraordinary) and laid the fame, together with a juft and particular Account in Writing, figned by him, and verified upon Oath, taken as aforefaid, of the Annual Profits of fuch Living, before the Ordinary and Patron of the Living, and obtained their Confent to fuch propofed new Buildings or Repairs, by Writing under their refpective Hands, in the Form for that Pur- pofe contained in the Schedule hereunto annexed) to borrow and take up at Intereft, in the Manner here- after mentioned, fuch Sum or Sums of Money as the faid Eftimate fliall amount unto, after deducting the Va- lue of Timber or other Materials which may be thought proper to be fold, not exceeding Two Years neat In- come and Produce of fuch Living, after deducting all Rents, Stipends, Taxes, and other Outgoings, excepting only [ 3 ] only the Salaries to the AfTiftant Curate, where fuch a Curate is neceffary ; and as a Security for the Money fo to be borrowed, to mortgage the Glebe,Tythes, Rents, and other Profits and Emoluments, arifing or to arife from fuch Liv- ing, to fuch Perfon or Perfons who {hall advance the fa by One or more Deed or Deeds, for the Term of Twenty- one Years, or until the Money fo to be borrowed, with Intereft for the fame, and fuch Cofls and Charges as may- attend the Recovery thereof, mail be fully paid and fatis- fied, according to the Terms, Conditions, true Intent and Meaning of this Act; which Mortgage Deed or Deeds fhall be made in the Forms or to the Effect for that Purpofe contained in the faid Schedule, and fhall bind -every fucceeding Parfon, Vicar, or Incumbent, of inch Liv- ing, until the Principal and Intereft, Colts and Charges, fhall be paid off and difcharged, as fully and effectually as if fuch SuccefTor had executed the fame. 3ffiJ fje it fUCtljCt (£naaeu\ That every fuch Mort- gagee fhall execute a Counterpart of every fuch Mortgage, to be kept by the Incumbent for the Time being ; and a Copy of every fuch Deed of Mortgage fhall be regifter- ed in the Office of the Regiftrar of the Bifhop of the Diocefe where the Parifh lies, or the Ordinary having Epifcopal JurifdicYion therein for the Time being, after having been firft examined by him with the Original, which Officer fhall be entitled to Demand and receive the Sum of Five Shillings, and no more, for regiftering the fame ; and fuch Deed fhall be referred to upon all ne- ceffary Occafions, the Perfon infpecting the fame paying One Shilling for every fuch Search ; and the faid Deed, or a Copy thereof, certified under the Hand of the Re- giftrar, fhall be allowed as legal Evidence, in cafe fuch Mortgage Deed fhall happen to be loft or deftroyed. 3nS be it fitU'&CC (£naftetl, That the Money fo to be borrowed fhall be naid into the Hands of fuch Perfon or Perfons as fhall be nominated and appointed to re- ceive and apply the fame, for the Purpofes aforefaid, by the Ordinary, Patron, and Incumbent, by Writing under their refpeclive Hands, in the Form for that Pur- pofe contained in the faid Schedule, after fuch Nominee mall have given o. Bond to the Ordinary, with fufficient Surety, in ..Liu * the Sum fo to be borrowed or raifed, with Condition [ 4 ] Condition for his duly applying and accounting for the fame according to the Directions of this Act ; and the & Receipt of the Perfon or Perfons fo to be nominated -fhall be a fufHcient Difcharge to the Perfon or Perfons who lhall advance and pay the Money : And the Per- fon or Perfons fo to be nominated, mail enter into Contracts with proper Perfons, for fuch Buildings or Re- pairs a> fliall be approved by the Ordinary, Patron, and Incumbent, and fliall be fpecified in an Inftrument written upon Parchment/ and figned by them, in the Form for that Purpofe contained in the faid Schedule j and fhall in- fpeft and have the Care of the Execution of fuch Con- tracts, and fhall pay the Money for fuch Buildings and Repairs, according to the Terms of fuch Agreements, and fliall take proper Receipts and Vouchers for the fame ; and as foon as fuch Buildings or Repairs fhall be com- pleatcd, and the Money paid, fliall make out an Account of his Receipts and Payments, together with the Vouchers for the fame, and enter them in a Book, fairly written, which fliall be figned by him, and laid before the Ordi- 7 nary, Patron, and Incumbent, and examined by them, and when allowed, by Writing under their refpective Hands, in the Form for that Purpofe contained in the faid Schedule, fuch Allowance lhall be a full Difcharge to the Perfon fo nominated, in refpecl to the faid Accounts ; and if any Balance fhall remain in the Hands of fuch Nominee or Nominees, the fame fhall be laid out in fome further lafting Improvements in building upon fuch Glebe, or fhall be paid and applied in Difcharge of fo much of the faid Principal Debt as fuch Balance will extend to pay, at the Dilcretion of the faid Ordinary, Patron, and Incumbent, or Two of them, of which the faid Ordinary to be One, by Order figned by them, in the Form for that Purpofe contained in the laid Schedule ; and an Ac- count lhall alio be kept, made out, and allowed, of fuch further Difburfements, in Manner aforefaid : All which Ac- counts, when made out, completed, and allowed, lhall be depofited, with the Vouchers, in the Hands of the faid RegiPcrar, and kept by him, for the Ufe and Benefit of S the Incumbents of fuch Living for the Time being, who fliall have a Right to infpect the fame, whenever Occa- fion lhall require, paying to fuch Regiftrar, or Deputy Regiftrar, the Sum of One Shilling for every fuch In- flection . [ 5 ] li>rou:Dc? always, miu be it furt&e? GEnaftztr, That even/ fuch Ordinary, before lie or they mall fignify his or their Confent, in Manner aforefaid, fhall caufe an Enquiry to be made, and certified to him or them by the Archdeacon, Chancellor of the Diocefe, or other proper Perfons living in or near the Pariih where fuch Buildings are propofed to be made or repaired, in the Forms for that Purpofe fpe- cified in the faid Schedule, of the State and Condition of fuch Buildings at the Time the Incumbent entered upon fuch Living or Benefice, how long fuch Incumbent had enjoved fuch Living or Benefice, what Money he had re- ceived, or may be entitled to receive, for Dilapidations, and how and in what Manner he had laid out what he had fo received ; and if it fhall appear to them that fuch Incumbent had, by wilful Negligence, fuffered fuch Build- ings to go out of Repair, then to certify the fame to the faid Ordinary, and alfo the Amount of the Damage which. 9 fuch Buildings had fuftained by the wilful Neglect of fuch Incumbent ; and fuch Incumbent, if the Ordinary require it, fhall pay the fame into the Hands of the Nominee or Nominees to be appointed under the Authority of this Act, towards defraying the Expences of Building or Re- pairs, before the Ordinary fhall give his Confent as afore- faid. 8nQ bC it further (JnaSCD, That the Incumbent of every fuch Living or Benefice, in Cafes where fuch Mortgage or. Mortgages ihall be made, as aforefaid, and his Succeffors for the Time being, fhall, and he and they, is and are hereby required to pay the Intereft arifmg upon every fuch Mortgage, Half Yearly, as the fame fhall become due, or within One Month after, and alio Five Pounds per Centum per Annum of the Principal remaining due, by Half Yearly Payments ; and that every fuch Incumbent who fhall not refide Six Calendar Months in the Year upon fuch Living, computing fuch \, That it fhall and may be lawful for the Governors authorized or appointed to re- gulate and fuperintend the Bounty given by her late Ma- jefty Queen Anne, for the Augmentation of the Mainte- 17 nance of the Poor Clergy, to advance and lend any Sum or Sums of Money, not exceeding the Sum of One Hun- dred Pounds, out of the Money which has arifen, or fhall from Time to Time arife, from that Bounty, for pro- moting and aflifting the feveral Purpoi'es of this Act, with refpect to any fuch Livings or Benefices as fhall not ex- ceed the clear annual improved Value of Fifty Pounds ; and fuch Mortgage and Security fhall be made for the Re-payment of the Principal Sums fo to be advanced, as are hereinbefore mentioned, but no Intereft fhall be paid for the fame. 3ffiJ be it fiirtRCr dtnaftCU, That it fhall and may be lawful for the Mafter and Fellows of any College or Hall, within the Univerfities of Oxford and Cambridge, or for any other Corporate Bodies pollefl'ed of the Patronage of Ecclefiaftical Livings or Benefices, to advance and lend any Sum or Sums of Money, of which they have the Power of difpoiing, in order to aid and affift the feveral Purpofes of. this Act, for the building, re-building, re- pairing, or purchafing, of any Houfes or Buildings for the Habitation and Convenience of the Clergy, upon Liv- iS mgs or Benefices under the Patronage of fuch College or Hall, upon the Mortgage and Security directed by this Act for the Re-payment of the Principal, without taking any Intereft for the fame. C ' 3nil I io ] SntJ &C it furtfjCt "CnactCQ, That whenever the Patron of any Living or Benefice, to which the Provifions of this Act are propofed to be extended, fhall happen to be a Minor, Idiot, or Lunatic, it mall and may be lawful for the Guardian or Committee of every fuch Patron, to tranfact the feveral Matters aforefaid for fuch Patron, who fhall be bound thereby, in fuch Manner as if he had been of full Age, of found Mind, and had done fuch A 61, or given his Confent thereto. IgrotiiBefl alfo, anB be it further Cnactcu, That all Acts hereinbefore requip^d to be done or confented to by the Ordinary and Patron, (hall be done by the Ordi- nary alone, when fuch Ordinary fhall happen to be the Patron of the Living ; and that no Deed, Bond, Tranf- fer, or other Writing, Inftrument, or Proceeding, made, had, or done, under the Powers or Authority of this Act, fhall be charged or chargeable with any Stamp Duty, or Fee of Office, except as herein mentioned, any Law or 19 Statute to the contrary notwithftanding. ProuiocD altoapg, aim it is ftercbp further €nactcu, That in all Cafes where any Act is required to be done by the Ordinary, in the Execution of any of the Pur- pofes of this Act, and fuch Ordinary fhall be a Body Corporate Aggregate, every fuch Act fhall be done and fignified under the Seal of fuch Body Corporate. lp?otuucQ altoaps, anu be it further CnactcD, That where the Incumbent of any Chapelry or perpetual Cure fhall be nominated -by the Rector or Vicar of the Parifh wherein the fame is fituated, in every fuch Cafe the Con- fent of fuch Rector or Vicar, together with the Confent of the Patron of fuch Rectory, fhall be neceffary, in all fuch Matters wherein the Confent of the Patron is re- quired by the former Provifions of this Act. JprovnuxB Ufcctoifc, anD be it furt&cr GEnacteD, That whenever any Controverfy or Difpute fhall arife, touch- ing the Refidence of the Incumbent, with refpect to any of the Matters contained in this Act, the fame fhall be adjufted and determined by the Ordinary of the Diocefe. IprouiOco [ » ] protiiucti alfo, anu be it ftittber Cnactec, That it mall and may be lawful for the Patron, Ordinary, and Incumbent, of any fuch Living or Benefice as aforefaid, by Writing under their Hands, to make fuch Allowance to the Perfon or Perfons to be nominated by them, for the Purpofe of paying a:id applying the Money fo to be raifed as aforefaid, as they fhall think fit, not exceeding the Sum of Five Pounds for every One hundred Pounds 20 io to be laid out and expended as aforefaid. SCHEDULE 12 SCHEDULE To which the Bill refers. FORM of the CONSENT of the Ordinary and Patron, to be written on Parchment. /t B. Re&or, Vicar, &c. (as the Cafe fliall be) of the •^-*" Parim, Chapelry, or perpetual Curacy (as the Cafe fliall be) of in the County of under the Jurifdi£tion of the Ordinary, having produced to us the laid Ordinary and Patron of the laid Church and Living, a Certificate under the Hand of a fkilful and experienced Work- man, or Surveyor, of the State and Condition of the Buildings upon the Glebe belonging to the faid Church, Chapelry, or perpetual Curacy (as the Cafe mall be) and of the Value of the Timber, and other Materials, there- upon, fit to be fold, or employed about fuch Buildings : and alfo a Plan, made by the faid of the Work propofed to be done by new Buildings and Repairs upon the faid Glebe, and an Eftimate of the 21 Expence attending the fame, after applying the faid Ma- terials, or the Money to arife from the Sale thereof, in fuch Buildings and Repairs ; and alfo a particular Ac- count in Writing, figned by the faid A. B. of the An- nual Profits of fuch Living, and of the Rents, Stipends, Taxes, and other Outgoing, Annually iffuing thereout, verified upon Oath, purfuant to the Directions of an Act, palled in the Seventeenth Year of the Reign of His Majefty King George the Third, to promote the Refidence of the Parochial Clergy, by .making Provifion for the more [ '3 J more fpeedy and effectual building, re-building, repair- ing, or purchafmg, Houfes, and other neceflary Buildings and Tenements, for the Ufe of their Benefices ; and having conlidered fuch Certificate, Plan, and Account : Now, we do approve thereof ; and do confent, that fuch Buildings and Repairs fliall be made as therein fpecified ; and that the faid A. B. do borrow and take up at Intereft the Sum of being the Eftimate of the Expences, after deducting the Value of the Timber, and other Materials, thought proper to be fold, and which appears to us, from the faid Account, a Sum not ex- 22 ceeding Two Years neat Income and Produce of the faid Living ; which Money is to be paid to (a Perfon nominated by us and the faid A. B.J and applied , according to the Direction of the faid Act. FORM of the M O R T G A G E. '"pHIS Indenture, made the Day of •^ in the Year of the Reign of His Majefty and in the Year of our Lord between the Reverend Rector or Vicar, &c. of the Parifh Church, Curacy, or Chapelry, of in the County of and the Diocefe of the Bifhop of of the one Part, and of of the other Part. Whereas the faid purfuant to the Directions of an Act, paffed in the Seventeenth Year of the Reign of His Majefty King George the Third, inti- tuled, " An A<5t to promote the Refidence of the Paro- 23 " chial Clergy, by making Provifion for the more fpeedy " and effectual building, re-building, repairing, or pur- " chafing, Houfes, and other neceflary Buildings and Tene- " ments, for the Ufe of their Benefices," hath obtained the Confent of the Ordinary of the faid Diocefe, and the Pa- tron of the faid Church and Living, to borrow and take up at Intereft the Sum of to be laid out and expended in building, re-building, or repairing (as the Cafe fhall be) the Parfohage Houfe, and other nj- ceffary Offices, upon the Glebe belonging to the faid Church, Chapel, or Curacv, as appears by an Inftrument D figned [ 14 ] figned by the faid Ordinary and Patron, hereunto annexed i And whereas the faid hath agreed to lend and advance the Sum of upon a Mortgage of the Glebe, Tythes, Rents, and other Pro- fits and Emoluments, of the faid Living, purfuant to the Direction and the true Intent and Meaning of the faid A<5t : Now this Indenture witnefTeth, That the fai i 24. in Confidera >n of the Sum of Five Shillings to him in Hand paid, and of the Sum of paid at or before the Sealing and Delivery hereof, into the Hands of a Perfon, or Perfons, (as the Cafe mail be) nominated by the faid Ordinary, Patron, and Incumbent, to recer. the fame, purfuant to the Direction of the faid Act (which Nomination is alio hereunto annexed, and which Receipt of the faid Sum of the faid have, or hath, acknow- ledged, by an Indorfement on the Back of this Deed) hath granted, bargained, fold, and demifed, and by thefe Prefents doth grant, bargain, fell, and demife, unto the faid his Executors, Adminiitrators, and AfTigns, all the Glebe Lands, Tythes, Rents, Modufes, Compofitions for Tythe, Salaries, Stipends, Fees, Gratuities, and other Emoluments and Profits whatfoever, arifing, com- ing, growing, renewing, or payable, to the Rector, Vicar, or Incumbent (as the Cafe mall be) of the faid Living in refpect thereof, with all and every their Rights, Privileges, and .25 Appurtenances thereunto belonging, to have, hold, receive, take, and enjoy the faid Premiffes, with their and every of their Appurtenances, unto the faid his Executors, Adminiitrators, and AfTigns, from hence- forth, for and during the Term of Years, fully to be compleat and ended, in as full, ample, and beneficial Manner, and with fuch Remedies and Powers for obtaining and recovering the fame, and every Part thereof, to all Intents and Purpofes, as the faid his Succeffors, Rectors, Vicars, &i\ (as the Cafe fhall be) of the faid Church, could, or might, or ought to have held, enjoyed, received, taken, or recovered the fame, if thefe Prefents had not been made. And the laid yl. B. for himfelf, his Heirs, Executors, and Ad- miniftratorc, doth hereby covenant, promife, and agree, to and with the laid his Executors, Ad- miniitrators, and AfTigns, That he the faid A. B. during the [ '5 ] the Time he fhall continue Redtor, Vicar, &c. of the faid Parifh and Parifti Church, (hall and will well and truly pay, or caufe to be paid, unto the faid his Executors, Adminiftrators, or Afligns, 26 Intereft for the faid Sum of or fo much thereof as fhall remain due at the End of every Year, to be computed from the Day _>f the Date of thefe Prefents, after the Rate of per Centum per Annum, by Two equal Half Yearly Payments, the Firft of the faid Payments to begin and be made on the Day of next ; and alfo, at the feveral Times before mentioned for Payment of the Intereft, as aforefaid, (hall and will well and truly pay, or caufe to be paid, the Sum of per Centum per Annum of the Principal which remained due at the Be- ginning of the Year in which every fuch Payment is to be paid, in cafe the faid A. B. mail be refkLnt upon the faid Living for the Time mentioned in, and according to the true Intent and Meaning of, the faid Act ; and in cafe the faid A. B. fhall not refide upon the faid Living during the Time mentioned in, and according to the true Intent and Meaning of, the faid Act, he fhall pay, or caufe to be paid, 2 y the Sum of per Centum per Annum of the faid Principal Money, by fuch Half Yearly Payments as aforefaid, inftead of the faid Sum of per Centum per Annum, and lliall and will continue fuch refpeclive Payments of the faid Intereft, and on Account of the faid Principal Money, fo long as he fhall continue Rector, Vicar, &c. (as the Cafe fhall be) of the faid Parifh and Parifh Church, unlefs all the faid Principal Money, and Intereft for the fame, fhall be fooner paid and dif- charged. Provided always, and thefe Prefents are upon this Condition, That if the faid A. B. and his Succeffors, fhall well and truly pay, or caufe to be paid, the faid Prin- cipal Money, and Intereft for the fame, in Manner and at the Times aforefaid, according to -the true Intent and Meaning of the faid Act, and of thefe Prefents, and alfo all Cofts and Charges which fhall have been occafioned by the Non-payment thereof, thefe Prefents, and every Thing herein contained, fhall ceafe and be void. Provided alfo, That it fhall and may be lawful for the faid A. B. and fib Micceffors, peaceably and quietly to hold, occupy, poffefs, ov.d enjoy, all and fingular the faid Glebe Lands, Tythes, Rents, [ * ] Rents, Moclufes, Compofition for Tythes, Stipends, Fees, Gratuities, and other Emoluments and Profits whatfoever, arifing, or to ariie, from or in refpe6f. of the laid Living, until Default fhall be made by him or them refpeftively in the Payment of the Intereft and Principal, or fome Part thereof, at the Times and in the Manner aforefaid. 28 NOMINATION of a Clergyman by the Bifiop, to fettle any Difpute about the Proportion of the Payments within the Tear in which any Avoidance flmll happen. I The Right Reverend Bifhop of purfuant to the Authority of an A 61, palled in the Seventeenth Year of the Reign of His Majefty King George the Third, intituled, " An Act to promote the Refidence " of the Parochial Clergy, by making Provifion for the ■*'* more fpeedy and effectual building, re-building, re- " pairing, or purchafing, Houfes, and other neceflary " Buildings and Tenements, for the Ufe of their Benefices," do hereby nominate the Reverend being a Clergyman within my faid Diocefe, to adjuft and determine the Matter in Difpute between the Reverend Clerk, the prefent Incumbent of the Rectory, Vicarage, £fr, of within my Diocefe, and the Reprefentatives of the the laft Incumbent 29 (in cafe of his Death) or the faid (in cafe of his Refignation or Promotion) concerning the due Proportion to be paid by each of the faid Parties of the Principal and Intereft which accrued due wi the Year in which fuch Death or other Avoidance hap- pened, according to the Direction, true Intent, and Mean- ing of the faid A6L AWARD W DETERMINATION of the Clergy man nominated by the Bijhop. T The Reverend A. B. of in the County * of and Diocefe of the Bifhop of Clerk, having been nominated by the faid Bifhop, pur- fuant to the ; faid -Power given by an Act, pafied in the Seventeenth t -7 ] ■Seventeenth Year of the Reign of His Majefly King George the Third, intituled, " An Act to promote the " Refidence of the Parochial Clergy, by making Provi- " fion for the more fpeedy and effectual building, re- . " building, repairing, or purchanng, Houfes, and other 30 *" neceiTary Buildings and Tenements, for the Ufe of their ** Benefices," to adjuft and determine the Matter in Difpute between the Reverend Clerk, the prefent Incumbent of the Rectory, Vicarage., &c. of within the laid Diocefe, and the Reprefentatives of the lait In- cumbent (in cafe of his Death) or the laid (in cafe of his Refignation or Promotion) concerning the due Proportion to be paid by each of the faid Parties, of the Principal and Intercit which ac- crued due within the Year in which fuch (Death or Avoidance) happened, according to the Direction and true Intent and Meaning of the faid Act ; and having heard and duly confidered the faid Matters f'o referred to me as aforefaid, do award, adjudge, and determine, That the faid lhall pay, in refpect of the Interefl and Principal which became due within the Year aforefaid, the Sum of and that the faid fiiall pay, in refpeel: of the fame, the Sum of being the Remainder thereof, according to the Provifion and Direction of the faid Act. APPOINTMENT of the NOMINEE, %\ to be vvrote on Parchment. W E whofe Names are fubferibed, being the Ordinary, Patron, and Incumbent, of the Rectory, Vicarage., £ff. of within the County of and Diocefe of the Bifhop of do hereby nominate and appoint of to receive the Money authorized to be raifed by an Act, paffed in the Seventeenth Year of the Reign of His Ma- jefly King George the Third, intituled, " An Act to pro- " mote the Refidence of the Parochial Clergy, by making ** Provifion for the more fpeedy and effectual building,. *' re-building, repairing, or purchafing, Houfes, and other E *' neceftary [ '8 ] " neceflary Buildings and Tenements, for the Ufe of their " Benefices," for the Purpofe of building, re-building, repairing, or purchafing, the Parfonage Houfe, &c. (as the Cafe fhall be) to the faid Rectory, Vicarage, &c. be r longing, and to pay and apply the fame, and to enter into Contracts with proper Perfons for fuch Buildings or Repairs, and to infpect and take Care of the Execu- 32 tion of fuch Contracts, and to take fuch Receipts and Vouchers, keep fuch Accounts, and do and perform all fuch other Matters and Things, which Nominees are au- thorized and required to do and perform in and by the faid Act, the faid having given Se- curity for the due Application thereof, according to the Direction of the faid AcL F OR M of ORDER of the Ordinary, Patron, and In- cumbent, for laying out or applying the Surplus Money. \XJ E whofe Names, are fubfcribed, being the Ordinary, * T Patron, and Incumbent, of the Rectory, Vicarage, . --.GSV. of in the County of ib and Diocefe of the Bimop of do hereby order, That the Sum of now re- maining in the Hands of the Perfon nominated and appointed to receive and apply the Money raifed for building, repairing, &c. the Parfonage Houfe ; &c. belonging to the faid Rectory, Vicarage, &c. under 33 the Act of Parliament, pafled in the Seventeenth Year of the Reign of His Majefty King George the Third, inti- tuled, " An Act to promote the Refidence of the Pa- " rochial Clergv, by making Provifion for the more fpeedy " and efFecfim building, re-building, repairing, or pur- " chafing, Houfes, and other neceflary Buildings and Te- " nements, for the Ufe of their Benefices," fhall be [paid to being the Perfon entitled to receive the Money now remaining due on the Mort- gage made of the Glebe Lands, Tythes, and other Profits and Emoluments of the laid Living, and applied in Part of Payment thereof, purfuant to the Direction of the faid Act] or [applied in building or repairing, &c. (de- fcribing the fame) upon the Glebe belonging to the faid Liring.J FORM [ '9 ] FORM of CERTIFICATE from the Two Clergymen. W E the Reverend A. B. of in the County of Clerk, and C. D. of Clerk, being Two Clergymen within the Dioccfe of the Bifhop of do hereby certify to the faid Bifhop, purfuant to the 34 Directions and Inftru&ions fent by him to us, That we have made Enquiry into the State and Condition of the Buildings upon the Glebe belonging to the Rectory, Vi- carage, &c. of within the faid Diocefe, at the Time the Reverend Clerk, the pre- fent Incumbent thereof, entered upon the laid Living, which was in or about the Year of our Lord and do find [That the fame have been kept in due and common Repair, without any wilful Negleft: (if the Cafe is fo)] or [That the fame have, by wilful Neg- ligence, been fuffered to go to Decay, and that they have fuftained Damage from a Want of common and ordinary Repair, to the Amount of Pounds] and we have alfo enquired into the Money received by the faid for Dilapidations, from the Repre- fentatives of the former Incumbent, and do find, That he hath received the Sum of for fuch Dila- pidations ; and [that he hath expended the Whole, or thereof (as the Cafe may be) in the neceflary Re- pairs of the Buildings] or [that the fame hath not been laid out or expended in repairing the Buildings] upon the Glebe belonging to the faid Living. >T5 VI 3- to to 3 a> 3> n n CO p p ►i f5 <5 - •-t O 3 P- H 3 P- O P ►-• • 3. 3 3> O 3 o o 3* ►— • P 3 o r-r 3 n> 3 to 3 <-t- 3* n> 3 to to 5' op o •-» 3 cr 5. >-I rt- 3* o CD »-f- 3* 3> CO to »-t o 3 3* TO p " 3> N, 3 o 3 3- to 3 rf- 3* to td 3 1 cr h3> p 2f. O s. IS O 3 3 3' r-r c B*. P- 3* o 3* 09 CO 5' crq P 3 ►1 O *T3 P •-*» CO l» «* Q- i 1 w O £> <^ ^ c^ £fc ^ Sb v> J3( «as> qg> tap W <35> ^p qs§> w Hii3 j & Vif $£> dp> cS&> cS& c3& ^& cS& cS& (fl£b ^ ^i ■as' «8s> < es> w w w w w "as 1 w w by a certain Ad of Parliament, 5 vf pafled in the Fifteenth Year of the Reign of 6 221 H His prefent Majefty, intituled, "An Adt to re- >' 3©C " ftrain the Negotiation of Promifory Notes, w x^W^afw^ " anc ^ Inland Bills of Exchange, under a li- *.&&**&&.* ie mited Suni) within that Part of Grmt " Britain called Eng/and," all negotiable Promifory or other Notes, Bills of Exchange, or Draughts, or Undertakings in Writing, for any Sum of Money lefs than the Sum of Twenty Shillings in the Whole, and iffued after the Twen- ty-fourth Day of June, One thou fan d Seven hundred and A Seventy- [ * ] Seventy-five, were made void, and the publifhing or utter- ing, and negotiating, of any fuch Notes, Bills, Draughts, or Undertakings, for a lefs Sum than Twenty Shillings, or on which lefs than that Sum fhould be '•due, was by the laid Act retrained, under certain Penalties or Forfeitures therein mentioned ; and all fuch Notes, Bills of Exchange, Draughts, or Undertakings in Writing, as had iffued be- fore the faid Twenty- fourth Day of June, were made pay- able upon Demand, and were directed to be recovered in fuch Manner as is therein alfo mentioned: 3n0 tobCrcag the faid Act hath been attended with very falutary Effects, and in cafe the Provisions therein contained were extended to a further Sum, but yet without Preju- dice to the Convenience ariling to the Public from the Ne- gotiation of Promilbry Notes and Inland Bills of Ex- change for the -Remittance of Money in Difcharge of any Balance of Account or other Debt, the good Purpofes of the faid Act would be further advanced : TBe it thCltifore €lia&et) by the KING'S Moft Excel- lent Majesty, by and with the Advice and Confent of the Lords . Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That. all Promilbry or other Notes, Bills of Exchange, or Draughts, or Undertakings in Writing, being negotiable or transferable. for the Payment of Twenty Shillings, or any Sum of Money above that Sum, and lefs than Five Pounds, or , on which Twenty Shillings, or above that Sum, and lefs than Five Pounds, fhall remain undifcharged, and which lhall be ilfued in that Part of Great Britain ca.\\ed'Eng/and, at any Time after the Firft Day of January, One thoufand Seven hundred and Seventy-eight, fhall fpecify the Names and Places of Abode of the Ferfons . relpcctively to whom or to whofe Order the fame mall be made payable, and mall bear Date before or at the Time of drawing or iffuing thereof, and .not on any Day fubfequent thereto, and fhall be made pay- able within the Space of Twenty-one Days next after the Day of the. Date thereof, and fhall not be transferrable or ■negotiable after the Time thereby limited for Payment thereof; and that every Indorfement to be made thereon fhall be made before the Expiration of that Time, and to bear Date at or not before the Time of making thereof, and fhall fpecify the Name and Place of Abode of the Per- lon I 3 ] fon or Perfons to whom or to whofe Order the Money contained in every fuch Note, Bill, Draught, or Under- taking, is to be paid ; and that the figning of every fuch Note, Bill, Draught, or Undertaking, and alio of every fuch Indorfement, mall be attefted by One fubfcribing Wit- nefs at the leaft ; and which faid Notes, Bills of Exchange, or Draughts, or Undertakings in Writing, may be made or drawn in Words to the Purport or Effect as fet out in the Schedule hereunto annexed, No. i and 2 ; and that all Promifory or other Notes, Bills of Exchange, or Draughts, or Undertakings in Writing, being negotiable or transfer- able for the Payment of Twenty Shillings, or any Sum of Money above that Sum, and lets than Five Pounds, or on which Twenty Shillings, or above that Sum, and lefs than Five Pounds, ihall remain undifcharged, and which fiial'l be iflued within that Part of Great Britain called England, at any Time after the faid Firft Day of January, One thoufand Seven hundred and Seventy-eight, in any other Manner than as aforefaid, and alfo every Indorfement on any fuch Note, Bill, Draught, or Undertaking, to be ne- gotiated under this Aci, other than as aforefaid, Ihall, and the fame are hereby declared to be abfolutely Void, any Law, Statute, Ufage, or Cuftom, to the contrary thereof in any wife notwithstanding. 3nD bZ It further ©naftCD by the Authority aforefaid, That the Publifhing, Uttering, or Negotiating, within that Part of Great Britain called England, of any Promifory or other Note, Bill of Exchange, Draught, or Undertaking in Writing, being negotiable or transferrabie for Twenty Shil- lings, or above that Sum, and lefs than Five Pounds, or on which Twenty Shillings, or above that Sum, and lefs than Five Pounds, mall remain undifcharged, and iifued or made in any other Manner than Notes, Bills, Draughts, or Under- takings hereby permitted to be publimed or negotiated as aforefaid; and alio the Negotiating of any of fuch laft-men- tioned Notes, Bills, Draughts, or Undertakings, after the Time appointed for Payment thereof, or before that Time in any other Mariner than as aforefaid, by any Art, Contrivance, or Means whatfoever; from and after the faid Firft Day of January, One thoufand Seven hundred and Seventy-eight, ihall be, and the fame is hereby declared to be, prohibited or reftrained, under the like Penalties or Forfeitures, and to be recovered and applied in like Manner, as by the faid Act is di- rected [ 4 ] redted with refpect to the Uttering or Publishing, or Nego- tiating, of Notes, Bills of Exchange, Draughts, or Under- takings in Writing, for any Sum of Money lefs than the Sum of Twenty Shillings, or on which lefs than that Sum mould be due. 3nD fJC It further CnaftCU by the Authority aforefaid, That from and immediately after the paffing of this Act, all Pro- mifory or other Notes, Bills of Exchange, Draughts, or Un- dertakings in Writing, for the Payment of any greater Sum of Money than Twenty Shillings, and lefs than the Sum of Five Pounds, or on which Twenty Shillings, and lefs than the Sum of Five Pounds, mail remain undifcharged, and being negoti- able or transferrable, as fhall be iffued before the faid Firft Day of January, One thoufand Seven hundred and Seventy-eight, fhall be, and the fame are hereby declared and adjudged payable, within that Part of Great Britain called 'England, on Demand, any Terms, Reftridtions, or Conditions, therein contained to the contrary thereof notwithstanding, and mall be recoverable in fuch Manner, or by the like Means, as is or are directed in or by the faid Act, with refpect to Notes, Bills of Exchange, or Draughts, or Undertakings in Writing, therein mentioned to have iffued previous to the faid Twenty-fourth Day of June, One thoufand Seven hundred and Seventy- five ; and that all and every other the Powers, Provifoes, Limitations, Ileflrictions, Penalties, Claufes, Mat- ters, and Things whatfoever, in the faid former Act contained, with refpect thereto, and alfo with refpect to all fuch Notes, Bills of Exchange, Draughts, or Undertakings in Writing, iffued after the faid Twenty-fourth Day of June, One thoufand Seven hundred and Seventy-five, fhall be, and the fame are hereby, declared to be in force, within that Part of Great Britain called England, as to all Notes, Bills of Exchange, or Draughts or Undertakings in Writing, for Twenty Shillings or any greater Sum, and lefs than the Sum of Five Pounds, or on which Twenty Shillings or above that Sum, and lefs than Five Pounds, fhall remain undifcharged, iffued after the faid Firft Day of January, One thoufand Seven hundred and Seventy-eight, and previous thereto, reflectively, and in like Manner as if the fame reflectively had been the Object of the faid Act at the Time of making thereof, five fo far as the fame, or any of them, are altered or varied by this prefent Act. [ 5 ] 8nO he it ftirtfjet CnaftCD by the Authority aforefaid, That the faid former, and alfo this prefent Acl, mall continue in force, not only for the Reiidue of the Term of Five Years, in the faid former Act mentioned, and from thence to the End of the then next Seffion of Parliament, but alfo for the further Term of Five Years, and from thence to the End of the then next Sellion of Parliament. S SCHEDULE. C 6 3 SCHEDULE. No. I. Place. Day. Month. Year. Of HPWenty-one Days after Date, I promife to pay to A. B. of -Place. Sum. or his Order, the Sum of for "Value received by C. D. Witnefs E. F. And the Indorfement, ioties quotics. Day. Month. Year. Fay the Contents Place. to G. H. of -. or his Order. A. B. Witnefs LK. No. t* C 7 ] No. 2. Place. Day. Month. Year. . of Place. nr Wenty-one Days after Date, pay to A. B. of Sum. or his Order, the Sum of — Value received, as advifed by C. D. Place. To E. F, Of Witnefs G. H. And the Indorfement, toties quoties. Day. Month. Year. Of Pay the Contents Place. to /. K. of — ■ — ■ or his Order. A. B. L Mr O 3 w'S, I rt O <*) "0 •-t o >-t CO **• ■ e 3 O W o 3 '-Si ►1 3> *t p 3. o EL 3 r* 3* p a 2 o 5" H3 3* Cnp rt- 3" P- 3 v a> ta £ r* 3* » 3 P 2 n Cfq ^^. rt> o 5t >-d •-I »— I rt •3 p P 3^ p" rt- » it p k- • O — ■ 1 3 o 3 3 rr o a 3 3 3 to > B ^ # H $ $ II # $ $ 385 § & $ $ $ $ II ® $ • g BILL FOR Keeping the Militia Forces of this Kingdom compleat 5 during the Time therein to be mentioned. Note. — The Figures m the Margin denote the Number of the Folios in the written Copy. #•$•&$$)&€&& it is highly expedient for the Public Ser- %> $8* vice, that the feveral Regiments and Corps of Militia m esa> || fhould be made and kept as complete as poflibie 3fc«b£g$fc|| during the Courfe of the enfuing Campaign 3tltl tOt)CtC30 the Time of balloting for many Regiments and Corps, or Parts of Regiments and Corps, will happen between the Months of May and November next enfuing, whereby fuch Regiments and Corps will, during that Period, be very much weakened, and rendered unfit for Service : 3lltJ toherCaS the Provifions in Two Acts of Parliament, One made in the Eighteenth Year of His prefent Majefty, intituled, " An Act to amend and render more effectual the Laws relating '*' to the railing and training the Militia within that Part of Great ■" Britain called England, and to eltablifh certain Regulations ct with [ 2 ] " with refpect to Officers ferving in the Corps of Fencible Men, <2ElR<£9@ it is highly important to the general MX C>CO y& Interefts of the Britijh Empire, that the Intercourfe :* w vuau y ^ and Commerce between Great Britain and Ireland XXXX)g fhould be finally regulated, on permanent and equi- }&)$00()&>J( table Principles, for the mutual Benefit of both Countries : 3nD tohcrcag, for that Purpofe, it is expedient that the T>rde between the faid Countries, as well in Articles of the Growth, Produce, or Manufacture of either of them, as in thofe of Foreign A Countries, [ 2 ] Countries, fliould be encouraged and extended as much as pof- fible, and that a full Participation of the Commercial Advan- tages which this Kingdom may derive from any of its Foreign Settlements, Colonies, or Plantations, and from the exclufive Privileges enjoyed by the Ships and Seamen thereof, fhould be fecured to Ireland on the fame Terms as the faid Advantages are, or (hall be, from Time to Time, enjoyed by the Inha- bitants of this Kingdom : 1BC it therefore DcclarcD by the KIN G's Moft Excellent Majesty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parlia- ment afiembled, and by the Authority of the fame, That it fliall be held and adjudged to be a fundamental and eflential Condi- tion of the prelent Settlement, that no Prohibitions fhall exift, in either of the Kingdoms of Great Britain or Ireland, againft the Importation, Ufe, or Sale of any Article of the Growth, Produce, or Manufacture of the other of the faid Kingdoms, except fuch as are hereinafter excepted : 3n0 t)C it therefore (JBnaftCD by the Authority aforefaid, That no Prohibition fhall exift in this Kingdom, after the on the Importation, Ufe, or Sale of any Article, the Growth, Produce, or Manufacture of Ireland, except fuch as now exift, or may hereafter exift, againft the Importation of Corn, Meal, Malt, Flour, and Bifcuit, and alfo except fuch qua- lified Prohibitions which are now, or may hereafter be, in Force, as do not abfolutely prevent the Importation of Goods or Ma- nufactures, or the Materials of Manufactures, but only regu- late or prefcribe the Tonnage, or Dimenfions, or Built, or Coun- try of the Ships or Veffels in which the fame may be imported, or regulate or prefcribe the Weight, Size, or Quantity of the Ar- ticle to be therein imported, or the Packages in which the fame may be contained, or regulate or prefcribe other Cir- cumftances relative thereto ; and alfo except Prohibitions re- ftraining the Importation, for Sale, of Ammunition, Arms, Gun- powder, and other Utenfils of War, unlefs by virtue of His Ma- jefty's Licence; and alfo except fuch Prohibitions as maybe necef- fary for protecting the Copy Rights of Authors and Bookfellers, the engraved Property of Engravers, and of the Venders of Prints and Maps, and all other exclufive Rights and Privileges which are or may be fecured in this Kingdom, for the Encou- ragement of new Inventions, to Bodies Corporate or Individuals, by Acts of Parliament, Grants from the Crown, or otherwife. [ 3 ] 8nD b£ it further iDeClarcU by the Authority aforefaid, That it fhall be held and adjudged to be a fundamental and effential Condition of the prefent Settlement, that in all Cafes in which there is a Difference between the Duties on Articles of the Growth, Produce, or Manufacture of Great Britain, when im- ported into Ireland, and the Duties on the fame Articles, of the Growth, Produce, or Manufacture of Ireland, when imported into Great Britain, the Duties on fuch Articles fhould be re- duced, in the Kingdom where they are higheft, to an Amount not exceeding the Duties which were payable in the other on the Seventeenth Day of May One thoufand Seven hundred and Eighty-two; fo that in every Cafe in which any Article was charged with a Duty on Importation into Ireland of Ten Pounds Ten Shillings per Centum, or upwards, on the Seventeenth Day of May One thoufand Seven hundred and Eighty-two, the Amount of the faid Duties fo reduced fliall not be lefs than the faid Duty of Ten Pounds Ten Shillings per Centum ; and that all Articles which are now importable Duty-free into either Kingdom from the other, fliall hereafter be imported Duty-free into each King- dom from the other, refpectively : 130 it therefore GrtiaftCO by the Authority aforefaid, That it (hall be lawful to import into this Kingdom, all Goods of the Growth, Produce, or Manufacture of Ireland (except as herein excepted) fubject to fuch Rates and Duties as aforefaid, to be fixed and afcertained in the Manner to be hereinafter directed. 3ntJ be it Declared by the Authority aforefaid, That it fhall be held and adjudged to be a fundamental and effential Condition of the prefent Settlement, that in all Cafes in which the Articles of the Confumption of either Kingdom fhall be charged with an internal Duty on the Manufacture, fuch Manufacture, when imported from the other, may be charged with a further Duty on the Importation, adequate to countervail the Duty on the Manufacture ; and that in all Cafes in which there fhall be a Duty in either Kingdom on the Raw Material of any Manufac- ture, fuch Manufacture may, on its Importation from the other Kingdom, be charged with fuch a countervailing Duty as may be lufficient to fubject the fame to Burthens adequate to thofe to which fuch Manufacture is fubject, in confequence of fuch Du- ties on fuch Raw Materials, in the Kingdom into which fuch Manufacture may be fo imported ; and that in all Cafes in which a Bounty fhall be given, in either Kingdom, on any Articles ma- nufactured therein, which fliall remain on fuch Articles when exported to the other, fuch Articles may be charged with a fur- ther [ 4 ] ther Duty, in the Kingdom into which they mall be im- ported, fufficient to countervail fuch Bounty remaining thereon : Provided always, That the Duty to be impofed upon manu- factured Salt, imported into any Fart of Great Britain, in order to countervail the internal Duty thereon, mail be computed ac- cording to the Rate of the internal Duty payable thereon in England. o SnB be it sDecIaveB by the Authority aforefaid, That it fhall be held and adjudged to be a fundamental and effential Condition of the prefent Settlement, that no new or additional Duty or Duties fhall be hereafter impoled, in either Kingdom, on the Im- portation of any Article of the Growth, Produce, or Manufac- ture of the other, except fuch countervailing Duties as may from Time to Time be impofed, as hereinbefore provided, in confe- quence of any internal Duty on the Manufacture, or of any Duty on the Raw Material of which fuch Manufacture is com- io pofed, or of any Bounty given on any Goods manufactured in the other Kingdom, and remaining on fuch Goods when exported therefrom j and that fuch countervailing Duties to be impofed as aforefaid, mall continue fo long only as the internal Con- fumption fhall be charged wich the Du*y or Duties on the Ma- nufacture or Raw Material which fuch Duty fo impofed mall have been intended to countervail, or as fuch Article fhall retain, on Exportation from the other Kingdom, the Bounty which fuch Duty fo impofed fhall have been intended to counter- vail. ii 12 3nQ bC if jDcclarCU by the Authority aforefaid, That it fhall be held and adjudged to be a fundamental and effential Con- dition of the prefent Settlement, that no new Prohibition, or new or additional Duties, fhall hereafter be impofed, in either Kingdom, on the Exportation of any Article of Native Growth, Produce, or Manufacture, from one Kingdom to the other, except fuch as either Kingdom may deem expedient, from lime to Time, upon Corn, Meal, Malt, Flour, and Bifcuit. Iprcroinerj altoaps, ann it is herebp DectaD by the Authority aforefaid, to be a fundamental and effential Condition of the prefent Settlement, that when any Article of the Growth, Pro- duce, or Manufacture of either Kingdom, fhall be prohibited by the Laws of the faid Kingdom to be exported to Foreign Coun- tries, the fame Articles, when exported to the other Kingdom, mail [ 5 ] £hall be prohibited to be re-exported from thence to any Foreign Country. 3rit) bC it IDCClatCtJ by the Authority aforefaid, That it fhall 1 3 be held and adjudged to be a fundamental and efiential Condition of the prefent Settlement, that no Bounties whatever fhould be paid or payable, in either Kingdom, on the Exportation of any Article to the other, except fuch as relate to Corn, Malt, Meal, Flour, and Bifcuit ; and except alfo the Bounties at prefent given on Beer, and Spirits diftilled from Corn ; and fuch as are in the 14 Nature of Drawbacks or Compenfations for Duties paid : ISt it therefore (JBnaftetS by the Authority aforefaid, That all Bounties now payable in Great Britain, by virtue of any Act or Acts of Parliament, on the Exportation of any Articles to Ireland, Ihall ceafe and determine, and be no longer paid or payable, from and after except the Bounties now payable on Beer, and Spirits diftilled from Corn ; and except any Bounties winch relate to Corn, Meal, Malt, Flour, and Bifcuits ; and ex- cept fuch as are in the Nature of Drawbacks or Compeniations for Duties paid. Silo tC it Declared by the Authority aforefaid, That it fhall j£ be held and adjudged to be a fundamental and efiential Condition of the prefent Settlement, that all Articles of the Growth, Pro- duce, or Manufacture of Great Britain or Ireland lhould be ex- portable, from the Kingdom into which they {hall be imported from the other, as free from Duties as fimilar Commodities of the fame Kingdom ; and that all Manufactures of either King- dom, imported into the other, ihall be entitled to fuch Drawbacks or Bounties, on Exportation from the Kingdom into which they fhall have been fo imported, as may leave the fame fubject to no heavier Burthens than the Home-made Manufactures of fuch Kingdom ; and that when any fuch Articles fhall be liable, in either Kingdom, to any Duty on being exported to any Foreign Countrv, the fame Articles, if they ihall have been imported from fuch Kingdom into the other, fhall, on Exportation from fuch ngdfcm to any Foreign Countries, pay the fame Duties as they would have been liable to on Exportation from the King- dom of their Growth, Produce, or Manufacture, to fuch Foreign Country or Countries : SnC 'fee it therefore GEnaften by the Authority aforefaid, 16 That ail Articles of the Growth, Produce, or Manufacture of Inland, imported into Great Britain, ihall be entitled to fuch Freedom or Exemption from Duty, and to fuch Draw- backs, or Bcrnr.es in the Nature of Drawbacks, on Exporta- tion from Great Britain to any Place or Country whatever, as B may [ 6 ] may render them fubjecl, on fuch Exportation, to no heavier Burthen than the like Articles, of the Growth, Produce, or Manufacture of Great Britain, are or may be fubjecl to on Ex- portation therefrom to the fame Countries or Places refpectively; : J that all Articles of the Growth, Produce, or Manufacture of Ireland fhall, on being exported from this Kingdom to any Foreign Country, be fubjecl: to the fame Duty or Duties to which they would have been fubjecl: on being exported directly from Ire- land to fuch Foreign Country. SnD tofectcag, in order to afcertain the Duties, Bounties, and Drawbacks, which may take place as aforefaid, on the Importa- tion of the Articles of the Growth, Produce, or Manufacture of either Kingdom into the other, or on the Exportation of the Articles of the Growth, Produce, or Manufacture of either Kingdom from thence to the other, or on the Exportation of the Articles of the Growth, Produce, or Manufacture of either Kingdom from the other to any Foreign Countries, it is expe- dient that proper Perfons be appointed, in each Kingdom, to prepare a Schedule or Schedules thereof, to be laid before the Parliaments of both Kingdoms, for their Confideration and Ap- probation ; 15 e it CnaftCD by the Authority aforefaid, That mail, and they are hereby authorized and impowered to meet, confer, and confult touching the Formation of fuch Schedule or Schedules as aforefaid, or any Particulars relative thereto, with any Perfon or Perfons who may be appointed for the like Pur- pofe by virtue of any Act of the Parliament of Ireland, x 8 Snfi fee it CBna&eO by the Authority aforefaid, That the faid mall, and they are hereby required to lay, with all convenient Speed, fuch Schedule or Schedules, and a Report of their Pro- ceedings relative to the Formation thereof, before .{he Houfe of Commons of Great Britain. 3nB fee it Cna&eO by the Authority aforefaid, That the faid fhall, and they are hereby authorized and impowered to examine upon Oath any Perfons whatever, who fhall be willing to be fo examined, touching any Matters relative to the Formation of the faid Schedules. ano [ 7 ] ann Oe it oirt&er dBnaften, That the fakl 19 fhall, on or before the take and fubferibe the following Oath, before the Chancellor of His Majefty's Ex- chequer, or before any One of the Barons of the Court of Ex- chequer : " I A. B. do fwear, That, as a Commiflloner appointed " by virtue of an Act, intituled the Countries beyond the Cape of Good Hope to the Streights of Magellan fhall be carried on folely by an exclufive Company having Liberty to import into the Port of London only, no Goods of the Growth, Produce, or Manufacture of the faid Countries mail be allowed to be imported into Ireland but through Great Britain, except Dye Stuffs, Drugs, Cotton or other Wool, and Spiceries, and fuch other Articles as are or hereafter may be importable into Great Britain from Foreign European Countries ; which Articles may be imported into Ireland 43 from Foreign European Countries, fo long as the fame are im- portable from Foreign European Countries into Great Britain ; and that it lhall be lawful to export any Goods of the Growth, Produce, or Manufacture of any of the faid Countries, from Great Britain to Ireland ; and that fuch Duties as may now by Law be retained thereon on fuch Exportation fhall continue tc* be fo retained, but that an Account fhall be kept thereof, and ■that the Amount thereof fhall be remitted, by the Receiver Ge- neral of His Majefty's Cuftoms in Great Britain, to the proper Officer of His Majefty's Revenue in Ireland, to be placed to the Account I '5 ] Account of His Majefty's Revenue there, fubjecl to the Diipofat ■of the Parliament of that Kingdom. 3ntJ be it Declared by the Authority aforefaid, That it mail 44 be held and adjudged to be a fundamental and effential Con- dition of the prefent Settlement, that all Goods and Commo- dities whatever, which mail hereafter be imported into this Kingdom from Ireland, or into Ireland from Great Britain, mould be put, by Laws to be paffed in the Parliaments of the Two Kingdoms, under the fame Regulations, with refpect to Bonds, Cockets, and other Inftruments, to which the like Goods are fubject in paffing from one Port of this Kingdom to another: IBje it tDCtCfOtC £nafteO by the Authority aforefaid, That all Goods, which mail be fhipped or put on board in any Port, Creek, or Member of any Port, in this Kingdom, to be carried to any Port or Place in the Kingdom ot Ireland, mail be accompanied with the like Sufferance and Cocket, and fub- jeil to the like Bond and Security, as are required by any Law 45 in Great Britain for the like Goods paffing from one Port in Great Britain to another ; and that no Goods brought from any Port or Place in the Kingdom of Ireland mall be permitted to be imported into any Port, Creek, or Member of any Port, in this King- dom, without a Sufferance and Cocket figned by the proper Officer or Officers of the Revenue in Ireland, nor fliall be landed in this Kingdom, until the Sufferance and Cocket mall have been produ- ced to the proper Officer of the Cuftoms here, and a Sufferance granted for landing the fame, under the like Reftrictions, Regu- lations, Penalties, and Forfeitures, to which Goods carried from one Port of Great Britain to another are liable. 0nH t-C it iDCClareQ by the Authority aforefaid, That it mail 46 be held and adjudged to be a fundamental and effential Condition of the prefent Settlement, that the Inhabitants of both Kingdoms mall have an equal Right to carry on Fifheries on every Part of the Coafts of the Briti/h Dominions : 15c it tljeteforc (EnaftcU by the Authority aforefaid, That the Subjects of His Majefty refiding in Ireland fliall have equal Privileges and Advantages with His Majefty's Subjects refiding in Great Britain, in nfliing on the Coafts of Great Britain, and the Territories belonging thereto. 3nD OC it sDccIatCtJ by the Authority aforefaid, That it fliall be held and adjudged to be a fundamental and effential Condition • of the prefent Settlement, that the Importation of Articles from F Foreign [ * ] Toreign Countries fhall be regulated from Time to Time, in (each Kingdom, on fuch Terms as may effectually favour the Im- portation of limilar Articles of the Growth, Produce, or Ma- nufacture of the other, except in the Cafe of Materials of Ma- nufacture which are, or hereafter may be, allowed to be im- ported from Foreign Countries Duty free. 47 9n5 i)C it Declared nnB CnactcD by the Authority aforefaid, That this Act, and every Part thereof, fhall commence and be in Force on the provided that before the faid an Ac! fhall have been paffed in the Parlia- ment of Ireland, which fhall appropriate whatever Sum the Grofs Produce of the Hereditary Revenue fhall amount to, after deducting all Drawbacks, Re-payments, and Bounties in the Nature of Drawbacks, over and above the Sum of Six hundred and Fifty-fix Thoufand Pounds in each Year, towards the Sup- port of the Naval Force of the Empire, to be applied in fuch Manner as the Parliament of that Kingdom fhall direct in the faid Act, and which fhall alfo provide that it fhall be held and adjudged to be a fundamental and effential Condition of the pre- 48 fent Settlement, that the due Collection of the Duties com- pofing the faid Hereditary Revenue fhall be at all Times effec- tually fecured ; and provided that before the faid an Act or Acts fhall have been palled in the Parliament of Ire- land, for carrying into Effect, on the Part of that Kingdom, the prefent Settlement, and all Matters, Provifions, and Regulations herein declared to be fundamental and effential Conditions there- of; and provided alfo, that before the faid an Act fhall have been paffed in the Parliament of Great Britain, declaring fuch Act or Acts of the Parliament of Ireland to contain fatisfactory Provifions for carrying into Effect the prefent Settle- ment. 9nU tJC it BifO Declares, That the Continuance of the prefent Settlement, and the Duration of this Act, and of every Thing herein contained, fhall depend on the due Obfervance, in the 49 Kingdom of Ireland, of the feveral Matters herein declared to be fundamental and effential Conditions of the faid Settlement, ac- cording to the true Intent, Meaning, and Spirit thereof. JPrOuiteD n€tJect&eIef0, That all the faid fundamental and effential Conditions fhall, in all Times, be held and deemed to be, and to have been, duly obferved in the Kingdom of Ireland, unlefs it fhall have been exprefsly declared, by an Act of the Par- liament of this Kingdom, that the fame have not been duly obferved. TO c> 3a. >*» o **1 3 5 " w h t: *" " 3 »«§ ? s 5 ju 5. n <* Q e 2, § s s _ $3 bs *1L !? 5 o ^ 2 m = a' ►> n •* a o a -. S3 i 63 3 O o 3 50 a S &Oa SOOg^SgOCBQO&OQ SQQ SQCCQGgasSOf ' G> "*-~ W* iff* en B I L FOR Authorizing the Prize Agents, appointed by the Of- ficers of the Garrifon of Gibraltar ', to pay to the Agents of the Corps compofmg the faid Garriion, all fitch Sums as fhall remain or come to their Hands, of the Bounty allowed for the Deftru&ion of certain Spanifh Ships of War. N. B. The Figures in the Margin denote the Number of the Folios in the written Copy. t$$$$t " t0 pay t0 the Gariifon and Nav al Department at " Gibraltar, the like Bounty for deftroying certain " Spani/h Ships of War, as is allowed to the Officers and Men " on board any of His Majefty's Ships of War, taking or de- *« ftroying Ships of War belonging to the Enemy," it is among other Things Ena&ed, That the Commiifioners of His Ma- jefty's Navy fhall, and they are thereby authorized and required (upon Proof made, to the Satisfaction of the faid Commiifioners, A by C * 3 by Certificates, or otherwife, of the Number of Men living on 'board the faici Spanifh Ships of War, at the Time of the Attack and Surrender of them reflectively) to make out Bills for the Amount of the faid Bounty, directed to the Treafurer of His Majefty's Navy, to be divided amongft the Officers, Soldiers, Seamen, and Marines, within and belonging to the faid Garrifon and Naval Department, at the refpeclive Times aforefaid, in fuch Manner, and in fuch Proportions, as His Majefty fhould gracioufly pleafe to order, direct, and appoint ; and the Treafurer ■of the Navy was thereby authorized and required to pay all fuch Bills, according to the Courfe of the Navy, to the faid Officers, Soldiers, Seamen, and Marines, or to fuch Agent or Agents as they fliould authorize or appoint to receive the fame : Silt) trjfjCtcaS great Inconveniences and Difficulties have arifen in the Mode of Payment of the Bounty Money directed to be paid by the faid Act to the Officers, Soldiers, Seamen, and Ma- rines, within and belonging to the faid Garrifon of Gibraltar, by the Prize Agents, on Account of their limiting their Attend- ance to the Firft Friday in every Month ; which Inconveniences and Difficulties might be obviated, if the laid Bounty Money and Prize Money was to be paid by the Regimental or other Agents to the different Corps belonging to the faid Garrifon, who are or may be in conftant Attendance : May it therefore pleafe Your MAJESTY, That it may be Enacted ; 3nB be it £na&eu by the KING'S Moft Excellent Majesty, by and with the Advice and Con- fent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That fhall be, and they are hereby appointed Commiffioners for the examining, ftating, and fettling all Accounts of fuch Bounty Money and Prize Money, with the Prize Agents who have re- ceived, or fhall hereafter receive, all or any Part of the faid Bounty Money and Prize Money, or any other Sums which fhall be remitted to them from Gibraltar, in confequence of the De- ftruction of the Floating Batteries, or otherwife. ant), C 3 ] 3nU, for the better enabling the fald Commiffioners to ex- amine, ftate, and fettle fuch Accounts, 1BC it further (JBnaftCB by the Authority aforefaid, That it (hall and may be lawful to and for the faid Commiffioners, or any or more of them, by Writing under their Hands, to fummon before them, at fuch Time and Place as in and by the faid Writing fhall be expreffcd, any Agent or Agents, or other Perfon concerned in the Receipt of fuch Prize Money, and other Monies as aforefaid, and to order fuch refpective Agents to produce upon Oath all Books, Ac- counts, and Vouchers, neceffary for the Information of the faid Commiffioners ; and if any Agent, or other Perfon, fliall refufe to comply with fuch Summons, or to produce fuch refpective Books, Accounts, or Vouchers as aforefaid, and to give the Com- miffioners fuch Information upon Oath as he is able, every fuch Agent, or fuch other Perfon, fliall for every fuch Offence forfeit and pay the Sum of to be recovered and applied in Manner hereinafter mentioned. 3nH fee it further €nafteU by the Authority aforefaid, That the faid Commiffioners, on fettling the faid Accounts, lhall allow to the faid Agents Five Pounds per Centum upon all fuch Sums as they fhall have received and paid by virtue of the faid Act : And the faid Prize Agents are hereby directed and required to pay over fuch remaining Balance, and liich Sums as they may here- after receive, into the Hands of the faid Commiffioners, or fuch other Perfon or Perfons required fo to do, as they, or any or more of them, fhall order and direct ; and alfo to produce and deliver over, when required, all Books of Accounts and Vouchers in their Hands reflecting the fame ; and the faid Prize Agents fhall be, and are hereby acquitted, exonerated, and difcharged from all Claims and Demands whatfoever, that hereafter fhall be made upon them, or any of them, for all fuch Sums as they fhall fo pay by virtue of or in purfuance of this Act. 3nu bt it further Cnafteu by the Authority aforefaid, That the faid Commiffioners, or any or more of them, fhall and may, upon Application being made to them for that Purpofe, appoint the Regimental Agents, or other Agent or Agents, who fhall diftribute the faid Balance to the refpective Claimants of the refpective Corps fo entitled, in their due and proper Proportions, as fettled by a Board of General Officers, if they have not already received the fame. ana [ 4 ] SllD toljCtCa.S it appears, by the Distribution made by the Board of General Officers, that there is a Surplus of Four hundred Twenty-three Pounds Eleven Shillings and Four Pence ; 13 e it further CnaSetJ, That the faid Commiflioners may direct, that all the Expences attending the palling this Act, and fuch other contingent Expences as may arife in the carrying the fame into Execution, may be paid out of that Sum, if not already difpofed of, otherwife fuch Expences to be defrayed from the Monies now in the Prize Agents Hands, over and above the Thirty thoufand Pounds already allotted for Diftribution. 3110 fee it further <£naften, That at the Expiration of Years from the palling of this Act, all the unclaimed Shares fliall be difpofed of in fuch Manner as His Majefty fliall gracioufly pleafe to direct. 3tlH fjC it further CnaftetJ by the Authority aforefaid, That all Penalties and Forfeitures incurred by this Ac~t, may be fued for and recovered in any of His Majefty's Courts of Record at Wejlminfter, wherein no Effoign, Privilege, Protection, or Wager of Law, nor more than One Imparlance, fhall be allowed -, and fuch Penalties and Forfeitures, when recovered, fliall be applied to the life of His Majefty, His Heirs and Succellors, and to be difpofed of as His Majefty fliall be gra- cioufly pleafed to direct. 3nD bC it further dtnafteO by the Authority aforefaid, That no fuch Claim of any Prize Money fliall be admitted or allowed after the or fuch further Day as the faid Com- miflioners, or any or more of them, fliall appoint. oo ? 2 * £Lr>-o n o ■W 5 o a w ^ -a 5 e f» i-f r* ►" 3* j ig the Prize Ag cers of the Gai o the Agents o he faid Garrifon main or come i inty allowed for Spanijh Ships of o ft (-H ents rifo f th , al to t the W: r ► !, appointed n of Gibralt e Corps co 1 fuch Sums heir Hands, Deftru&ion jr. r o o » ? 3 S Si-f," ' <• *< » 5-2. %Z %Z §£ ^£ & « « M K ^^ * ^ I L L T O Explain, Amend, and Reduce into One Act of Par- liament, all the Laws now in being for preventing Bribery and Expence in Elections of Members to ferve in Parliament. Note. — The Figures in the Margin denote the Number of the Folios in the written Copy. fy <£ E <& 9 %• Bribery in Elections of Members to ferve in Parliament may be deftruclive to th» 'tg£ Conititution: 3nQ toftfreaS all Elections mould be made freely, without Charge or Expence : 9nu tohctca0 the Practices hereinafter mentioned have been productive of various bad Effects : A 33c [ a ] T£z it therefore CBnaftcu, ant) it 1$ hcrcfcp CnaftcU, by the KING'S Moft Excellent Majesty, by and with the Ad- vice and Confent -of the Lords Spiritual aiKl Temporal, and Commons, in this preient Parliament affembled, and by the Authority of the lame, That from and after the Day of One thoufand Seven hundred and Eighty- it ^hall not be lawful for any Perfon, by himfelf or herfelf, or by any Perfon or Perfons employed by him or her, to give or to offer, or to caufe to be given or offered, or to make any Agreement, Engagement, or Promife to give, or to caufe to be given, to any Perfon (or to any one whomfo- ever for his Ufe, Benefit, Profit, or Advantage) any Money, or any Bond, Note, Draft, Order, Bill, or Ticket for Money, or any Place, Penfion, Contract, Office, or Appointment, or any Reward by way of Gratuity, Purchafe, Employment, Loan, or other Device, to corrupt, or to procure fuch Perfon to vote, or to forbear to give his Vote, at any Election of any Member or Members to ferve in Parliament for any County, City, Borough, or Place, or for having voted, or for having forborn to give his Vote, at fuch Election ; and it fhall not be lawful for any Perfon, by himfelf or herfelf, or by any Perfon or Perfons employed by him or her, to give or to offer, or to caufe to be given or offered, or to make any Agreement, En- gagement, or promife to give, or to caufe to be given, to any Perfon who fhall have, or claim to have, a Right to vote at any fuch Election as aforefaid (or to any one whomfoever for his Ufe, Benefit, Profit, or Advantage) any Money, or any Bond, Note, Draft, Order, Bill, or Ticket for Money, or any Place, Penfion, Contract, Office, or Appointment, or any Com- penfation or Reward, by way of Gratuity, Purchafe, Employ- ment, Loan, or other Device, for or under Pretence or Colour of any Lofs of Time, or any Expence or Expences incurred, or to be incurred, at or for fuch Election, by fuch Perfon in or by his travelling or going to or from the Place of Election or the Place of Polling, or in or by his fiaying at fuch Place of Elec- tion or fuch Place of Polling, or anywife incurred, or to be incurred, by fuch Perfon on Account of his voting at fuch Election ; and every Perfon who fhall be found guilty of any of the faid Offences fhall, for .each and every fuch Offence, forfeit the Sum of of lawful Money of Great Britain, to any Perfon or Perfons who fhall fue for the fame. ana [ 3 ] 3»ltJ bC it fUttfjCt GEnaftCH by the Authority aforefaid, That it fhall not be lawful for any Perfon, directly or indirectly, or by any Ways or Means on his Behalf, to give or to offer, or to 5 caufe to be given or offered, or to make any Agreement, En- gagement, or Promife to give, or to caufe to be given, any Prefent, Gift, or Reward whatfoever, to or for the Ufe, Benefit, Profit, or Advantage of any County, City, Borough, or Place, in order to be elected, or for being or having been elected to ferve in Parliament for fuch County, City, Borough, or Place, or in order that any Perfon whomsoever be elected, or for his being or his having been elected to ferve in Parliament for fuch .County, City, Borough, or Place ; and every Perfon who fhall be found guilty of any fuch Offence fhall, for each and every fuch Offence, forfeit the Sum of of lawful Money of Great Britain, to any Perfon or Perfons who fhall fue 6 for the fame. 3nD ut it further CBnaclCD by the Authority aforefaid, That if a Petition be duly prefented to the Houfe of Commons, on the Merits of any fuch Election as aforefaid, and if any Perfon who fhall have been returned at any fuch Election to ferve in Parliament, or who fhall have been a Candidate at any fuch Election, fhall have been guilty of any of the Offences afore- faid, every fuch Perfon (fhall not only be liable to be fued in due Courfe of Law for fuch refpective Offence or Offences, but) fhall be, and fhall-, by the Select Committee of the Houfe of Commons duly appointed to try and determine the Merits of fuch Election, be declared to be incapable to ferve in Parliament for fuch County, City, Borough, or Place upon fuch Election, h or upon any Vacancy which fhall or may be occafioned by any Determination of fuch Select Committee on the Merits of fuch Election, if fuch Select Committee fhall find that fuch Perfon fhall have been guilty of any of the faid Offences for or at fuch Election, or for or at any former Election of any Member or Members to ferve in that fame Parliament for fuch County, City, Borough, or Place, or fhall find that fuch Perfon fhall bave been guilty of any of the faid Offences for or at any Elec- tion of any Member or Members to ferve in any former Parlia- ment for fuch County, City, Borough, or Place, and that fuch illegal Act or Acts committed or done during any fuch former Parliament has or have had any Effect, or Operation at or in S the Election the Merits of which are to be tried by fuch Select Committee ; and the Determination of fuch Select Committee upon fuch Incapacity fhall, in each and every of the Cafes afore- faid. [ 4 3 faid, be final and conclufive to all Intents and Purpofes -, and fuch Select Committee (hall annex the Declaration of fuch Guilt and Incapacity to the Report which they fhall make to the Houfe of Commons on the Merits of fuch Election. SJnD iiC It fUttfjCt CnaftCtl by the Authority aforefaid, That it {hall not be lawful for any Perfon to agree or contract for, or to aik for or demand, or to accept, take, or receive any Money, or any Bond, Note, Draft, Order, Bill, or Ticket for Money, or any Place, Penfion, Contract, Office, or Appointment, or any o Reward, by way of Gratuity, Purchafe, Employment, Loan, or other Device, to vote, or to forbear to give his Vote, at any Election of any Member or Members to ferve in Parliament for any County, City, Borough, or Place ; and it fhall not be lawful for any Perfon to accept, take, or receive any Money, or any Bond, Note, Draft, Order, Bill, or Ticket for Money, or any Place, Penfion, Contract, Office, or Ap- pointment, or any Reward by way of Gratuity, Purchafe, Employment, Loan, or other Device, for having voted, or for having forborn to give his Vote at any fuch Election ; and it fhall not be lawful for any Perfon who fhall have, or claim to have, a Right to vote at any fuch Election, to accept, take, or receive any Money, or any Bond, Note, Draft, Order, Bill, or Ticket for Money, or any Place, Penfion, Contract; Office, 10 or Appointment, or any Compenfation or Reward, by way of Gratuity, Purchafe, Employment, Loan, or other Device, for or under Pretence or Colour of any Lofs of Time, or any Ex- pence or Expences incurred or to be incurred at or for fuch Election, by fuch Perfon, in or by his travelling or going to or from the Place of Election, or the Place of Polling, or in or by his (laying at fuch Place of Election or fuch Place of Poll- ing, or anywife incurred or to be incurred on Account of his voting at fuch Election ; and every Perfon who mail be found guilty of any of the faid Offences fhall, for each and every fuch Offence, forfeit the Sum of of lawful Money of Great Britain* to any Perfon or Perfons who fhall fue for the fame. 1 1 SnD *M it further CttaftCU by the Authority aforefaid, That if a Petition be duly prcfented to the Houfe of Commons upon the Merits of any fuch Election as aforefaid, the Select Committee of the Houfe of Commons which (hall be appoint- ed to try and determine the Merits of fuch Election, (hall deem and confider as null and void all and every. Vote or Votes which fhall 12 [ 5 ] i'liall or may have been given at fuch Election, by any Perfou or PeiTons who ihall, by fuch Select Committee, be found to have been guilty of any of the Offences aforefaid, for or at fuch Election. SllS be U further (SimccCQ by the Authority aforefaid, That every Perfon who ihall (on being fued in due Courfe of Law) be found guilty of any of the Offences aforefaid, fnail be for ever difabled to vote at any Election of any Member or Mem- . bers to ferve in Parliament for any County, City, Borough, or Place. SllD bC it further (JBnaftCO by the Authority aforefaid, That every Perfon who fhall (on being fued in due Courfe of Law) be found guilty of any of the Offences aforefaid, ihall be for ever difabled to hold, execute, or enjoy any Office or Franchife to which he fhall, or at any lime afterwards may be entitled, as a Member of any City, Borough, Town Corporate, or Cinque Port, as if fuch Perfon were naturally dead. 3nu be it further CnaftCO by the Authority aforefaid, That if any Perfon ihall have been guilty of any of the aforefaid Of- fences, for or at any fuch Election as aforefaid, and (not having been convicted in due Courfe of Law of any of the faid Of- fences) fhall, within Calendar Months next after fuch Offence committed, difcover any other Perfon or Perfons who 13 fhall have been guilty of any of the Offences aforefaid for or at fuch Election, fo that any fuch Perfon fo difcovered be there- upon convicted, the Perfon fo difcovering fhall be indemnified from all Penalties and Difabilities which fuch Perfon ihall then have incurred by having been guilty of fuch Offence for or at fuch Election : Provided always, That no Perfon ihall be fo indemnified who ihall have been guilty of having given or offered, or of hav- ing cauied to be given or offered, or of having made any Agree- ment, Engagement, or Promife to give, or to caufe to be given, any Money, or any Bond, Note, Draft, Order, Bill, or Ticket for Money, or any Place, Penfion, Contract, Office, or Appoint- ment, or any Compenfation or Reward, by way of Gratuity, Purchafe, Employment, Loan, or other Device, in Manner 14 aforefaid, or any other Prefent or Gift in Manner aforefaid, contrary to the true Intent and Meaning of this Act, unlefs the Perfon claiming fuch Indemnity fhall be or fhall have been employed to commit or do anyTuch Act or Acts, and fhall dif- B rover, [ 6 ] cover, in the Manner aforefaid, the Perfon or Pcrfons by whom. ke or Ihe (hall be or ihall have been ib employed. 3nfi UC it ftirtljCt GnactCO by the Authority aforefaid, That it (hall not be lawful for any Perfon, at any Time, to pay or defray, or to caufe to be paid or defrayed, or to agree, engage, or promife to pay or defray, or to cauie to be paid or defrayed, or by any Device whatfoever to pay or defray, or to cauie to be paid or defrayed, any Expence incurred or to be incurred Ij5 at or for any fuch Election as aforefaid, for or by any Perfon who fliall have, or claim to have, a Right to vote at fuch Elec- tion, in or by fuch Perfon's travelling or going to or from the Place of Election, or the Place of Polling, or any Expence in- curred or to be incurred by the Hire, Keep, or Reception of any Horfe or Carriage, or other Conveyance, carrying or con- veying fuch Perfon to or from fuch Place of Election, or fuch Place of Polling (whether fuch Perfon be fo carried or conveyed lingly, or together with any other Perfon or Pcrfons)-; and every Perfon who lhall be found guilty of any One or more of the faid Offences fliall, for each and every fuch Offence, forfeit the Sum of of lawful Money of Great Britain, to any Perfon or Perfons who fliall fue for the fame : Provided always, 16 That nothing herein contained fliall extend, or be conftrued to extend, to prohibit any Perfon from paying or defraying any fuch Expence or Expences incurred or to be incurred at or for anv fuch Election as aforefaid, for anv Voter who fliall be the Son or menial Servant of fuch Perfon. 3nU 1)C it further €naftCu by the Authority aforefaid, That at any Time after any County, City, Borough, or Place ihall hereafter have 'become vacant by any Diflblution of Parliament, or otherwife, and before the Day after the Elec- tion of any Member or Members to reprefent fuch County, City, Borough, or Place in Parliament, it ihall not be lawful for any Perfon to give, or to caufe to be given, or to agree, engage, or promife to give, or to caufe to be given, or by any Device whatfoever to give, or to caufe to be given, any Meat, Drink, Treat, Provifion, or Entertainment, to any Perfon hav- ly .ing, or claiming to have, a Right to vote at fuch Election, for fuch Perfon to vote, or for having voted at fuch Ele&ion, or in order to be elected, or for being or having been elected to ferve in Parliament for fuch County, City, Borough, or Place, or in order that any Perfon whomsoever be elected, or for his hei) I)] ; heinsr or having been elected to ferve in Parliament for fir< I County, City, Borough, or Place; and it fhall not be lawful for any Perfon at any Time to pay or defray, or to caufe to be paid or defrayed, or to agree, engage, or promife to pay or defray, or to caufe to be paid or defrayed, or by any Device whattbever to pay or defray, or to caufe to be paid or defrayed, any Expence incurred or to be incurred by the giving of any fuch Meat, Drink, Treat, Provifion, or Entertainment ; and every Perfon who fhaii be found guilty of any One or more of the laid Offences fhall, for each and every fuch Offence, forfeit the Sum of of lawful Money of Great Britain, to any Perfon or Perfons who fhall fue for the .fame. HnO UC it ftlCtfrcr €nafteD by the Authority aforefaid, That i£ if a Petition be duly prefented to the Houfe of Commons on the Merits of any fuch Election as aforefaid, and if any Perfon who fhall have been returned at any Rich Election to ferve in Parliament, or who fhall have been a Candidate at any fuch Election, fhall have been guilty of any of the Offences aforefaid, every fuch Perfon (fhall not only be liable to be fued in due Courfe of Law for fuch refpective Offence or Offences, but) upon being found guilty of any of the faid Offences by the Se- lect Committee of the Houfe of Commons duly appointed to try and determine the Merits of fuch Election, fhall be, and fhall by fuch Select Committee be declared to be, incapable to ferve in Parliament for fuch County, City, Borough, or Place, upon fuch Election, or upon any Vacancy which fhall or may be occafioned by any Determination of fuch Select Committee on the Merits of fuch Election; and the Determination of 19 fuch Select Committee upon fuch Incapacity fhall, in each and everv of the Cafes aforefaid, be final and conclufive to all In- tents and Purpofes ; and fuch Select Committee fhall annex the Declaration of fuch Guilt and Incapacity to the Report which they fhall. make to the Houfe of Commons on the Merits of fuch Election. 3nB 6C it further Cnactcn by the Authority aforefaid, That if any Perfon who fhall be or fhall have been licenfed to keep any Inn, Tavern, Victualling Houfe, or Ale Houfe, or to fell any Spirituous Liquors, fhali be convicted in due Courfe of Law of having, during the Time of fuch Perfon's being fo licenfedj wilfully committed any of the Offences aforefaid, fuch Perfon [ 3 ] Perfon (fliall not only' be liable to the Penalties and DifibihY aforefaid, but) {hall, from the Time of fuch Conviction, and during the Continuance of the then Parliament, and for the Space of Calendar Months afterwards, be dii- 20 abled to have any fuch Licence as aforefaid, and if at the Time of fuch Conviction fuch Pcrfoiv fhall have any fuch Licence, the fame lhall be null and void. StlD be it further. CnaftcD by the Authority aforefaid, That if any Perfon fhall, for or at any fuch Election as aforefaid, give or caufe to be given, to any' Perfon whomfoever, any Cockade, or other Mark of Diftinction, or fhall at any Time pay or defray, or caufe to be paid or defrayed, or fhall by any Device whatfoever pav or defray, or caufe to be paid or defrayed, the Expence of the fame, fuch Perfon lhall forfeit, for every fuch Mark of Diftinction fo given or paid for, the Sum of of lawful Money of Great Britain, to any Perfon or Perfons who fhall fue for the fame. 3nD bC it further CnaftCD by the Authority aforefaid, That if any Perfon (hall be or fhall have been employed to pay or de- fray, or to caufe to be paid or defrayed, or to agree, engage, or promife to pay or defray, or to caufe to be paid or defrayed, or 21 by any Device whatfoever to pay or defray, or to caufe to be paid or defrayed, any Expence incurred or to be incurred at or for any fuch Election as aforefaid, for or by any Perfon who fhall have, or claim to have, a Right to vote at fuch Election, in or by fuch Perfon 's travelling or going to or from the Place of Election, or the Place of Polling, or any Expence incurred or to be in- curred by the Hire, Keep, or Reception of any Horfe or Car- riage, or other Conveyance, contrary to the true Intent and Meaning of this Act 5 or fhall be or fhall have been employed to give, or to caufe to be given, or to agree, engage, or pro- mife to give, or to caufe to be given, or by any Device what- foever to give, cr to caufe to be given, any Meat, Drink, Treat, Provifion, or Entertainment, contrary to the true Intent and Meaning of this Act, or to pay or defray, or to caufe to be paid or defrayed, or to agree, engage, or promife to pay or defray, or to caufe to be paid or defrayed, or by any Device whatfoever to pay or defray, or to caufe to be paid or defrayed, any Ex- *2 pence incurred or to be incurred by the giving of any fuch Meat, Drink, Treat, Provifion, or Entertainment, contrary to the true Intent and Meaning of this Act , or fhall be or lhall have [ 9 3 have been employed to give, or to caufe to be given, any Cockade, or other Mark of Diftinction, or to pay or defray, or to caufe to be paid or defrayed, or by any Device whatfoever to pay or de- fray, or to caufe to be paid or defrayed, the Expence of the fame, contrary to the true Intent and Meaning of this Act ; and if fuch Perfon fhall difcover the Perfon or Perlbns by whom lie or fhe fhall be or {hall have been employed to commit any One or more of the faid Offences, fo that any fuch Perfon or Perfons, fo difcovered, be thereupon convicted, the Perfon making fuch Dif- covery fhall be indemnified from all Penalties and Difabiliti.es which fuch Perfon fhall then have incurred by having been guilty of the refpective Offence or refpecYive Offences concern- ing which fuch Difcovery lhall have been made as aforefaid : Provided always, That no Perfon fhall be indemnified, as here- 23 in laft mentioned, who fliall have been convicted in due Courfe of Law of any Offence whatfoever again ft this Act. 9MJ bC it ftU'tfoCt CliaftCU by the Authority aforefaid, That all Forfeitures by this Act to be incurred (hall and may be fued for and recovered, by Action of Debt, Bill, Plaint, or Informa- tion, in any of His Majefty's Courts of Record at Weft" minjier, wherein no Effoign, Protection, Wager of Law, or more than One Imparlance, fliall be allowed* or lhall and may be re- covered by fummary Action or Complaint before the Court of Seflion, in that Part of Great Britain called Scotland, if the Offence fliall have been committed in that Part of Great Britain called Scotland; and in every fuch Action the Party againft whom Judgment fhall be given (whether Plaintiff or Defendant) lhall pay the of Suit. IProuiucu aitnapsf, anu be it further Cnaftes by the Au- thority aforefaid, That every fuch Action or Profecution fliall be brought or commenced within after the Offence committed, and not afterwards ; and the Perfon againft whom 24 any fuch Action or Profecution (hall be brought or commenced, in any of His Majefty's Courts of Record at Wefimtnfier as afore- faid, fhall be legally ferved, within the Time aforefaid, with the Writ or Procefs by which fuch Action or Profecution fliall be intended to be commenced, unlefs the Service of fuch Writ or Procefs fhall have been prevented by fuch Perfon's abfeonding or withdrawing out of this Kingdom ; and with refpect to that Part of Great Britain called Scotland, the Petition fliall be ferved within the Time aforefaid, and not after : And provided alfo, that every Action or Profecution which fliall be brought or com- C menced [ io ] menced as aforefaid mall be carried on without wilful De- lay. 3tltl bC it further CnafteO by the Authority aforefaid, That from and after the faid Day of One thoufand Seven hundred and Eighty the Act of Parlia- ment made in the Seventh and Eighth Year of the Reign of King 25 William the Third, intituled, " An Act for preventing Charge and " Expence in Elections of Members to ferve in Parliament," and alfo the A 61 of Parliament made in the Second Year of the Reign of King George the Second, intituled, '■« An A6t for the more " effectual preventing Bribery and Corruption in the Elections " of Members to ferve in Parliament," mail be and are hereby fave and except fuch Part of the faid laft-recited Act, which enacts, " That fuch Votes fliall be deemed to be legal " which have been fo declared by the laft Determination in the " Houfe of Commons ; which laft Determination, concerning " any County, Shire, City, Borough, Cinque Port, or Place, " fhall be final to all Intents and Purpofes whatfoever, any " Ufage to the contrary notwithstanding." 8nt) OC it further (JBnaftCD by the Authority aforefaid, That this prefent Act fliall be publicly read at every Election for any Member or Members to ferve in Parliament for any County, City, Borough, or Place, previous to fuch Election ; and every Sheriff, Under Sheriff, Mayor, Bailiff, or other Officer prefiding at any fuch Election, who fliall neglect to read this Act, or to caufe the fame to be read, fhall forfeit the Sum of of lawful Money of Great Britain, to any Perfon or Perfons who fhall fue for the fame. 1*1 -5" 3 bein in E > ~o S> ST a D rr 8> e? # o < ►0 > S 3 — (T> » ~> 2 3 °- CO f iting B Memb and ent, (.fl IS - JO »-) to cn r-* rt a o ^s duce he L pi o D- 3 — " w U) 3 3 O o *o « 5 O t, r> -• 3 i n 3 ca w B I L L T O Prevent Occafional Voters from voting in the Election of Members to ferve in Parliament, for Cities and Boroughs, in that Part of Great Britain called England. Note. — The Figures in the Margin denote the Number of the Folios in the written Copy. 5) <2E iR C 3 % it frequently happens, in Cities and jf||L Boroughs where the Right of Election of Members . to ferve in Parliament is in the Inhabitants Houfe- fb^S&Z holders, Houfekeepers, or Pot- wallers, that much Trouble, Expence, and Litigation, is created by Occafional Voters, to the great Prejudice of the real Inhabitants, who bear the Burdens of fuch Cities and Boroughs, and to whom the Right of fending Members to Parliament belongs : [ ■ ] jTot iRcmcQj) thereof, TBe it enafteu by the king's Moft Excellent Majesty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefcnt Parliament affembled, and by the Authority of the fame, That from and after the Day of no Perfon (hall vote at any Election of a Member or Members to ferve in Parliament for any City or Borough of that Part of Great Britain called England, or the Dominion of Wales, as an Inhabitant Houfeholder, Houfekeeper, or Pot-waller of fuch City or Borough, whether there be or be not any other fuperadded Qualification, unlefs he fhall have been ac- tually and bona fide refident, and a Houfeholder, Houfekeeper, or Pot-waller, within fuch City or Borough Calendar Months previous to the Day of the Election at which he fhall tender his Vote ; and if any Perfon fhall vote at any fuch Election, contrary to the true Intent and Meaning of this Aft, he mail forfeit, to any Perfon who fhall fue for the fame, the Sum of to be recovered by him or her, by Action of Debt, in any of His Majefty's Courts of Record at Wefiminjler, wherein no Ef- foin, Protection, Wager of Law, Privilege, or Imparlance, fhall be admitted or allowed -, and in every fuch Action the Proof fhall lie upon the Perfon againft whom the fame mail be brought : Provided neverthelefs, That fuch Action be com- menced within Calendar Months after the Caufe of Action accrued : Provided alfo, That nothing in this Act con- tained fhall extend, or be conftrued to extend, to any Perfon acquiring the PofTeflion of any Houfe, in any City or Borough, by Defcent, Devife, Marriage, or Marriage Settlement, or Pro- motion to any Office or Benefice. t 3 ] PtOuiBetJ alfO, anO be it futtfjct CnaftcU, That where there are different Rights of voting in the fame City or Borough, depending partly upon Inhabitancy, this Act fhall relate only to that Clafs of Voters who claim to exercife the Franchife of voting as Inhabitants, and fhall not extend to any other De- fcription of Perfons, who may have an equal Right to vote in .fuch Cities or Boroughs, 1 ■-i 3 o o w o O 3 2"* g> O ? O o' o § •n 3 M to O 31 O 3 "«3 Q> 2 a CO s eo. III. 86. o jo n" p 3 W o o o 3 cr rn CO O - ' o Voters fr t*5 era O 3 £*> 3" »"S f~- co <: < Ea — n o S 3 3 3 T» "T3 era w r sojok »& *¥* sobobobok )*** ao** so** y®m xotoae mm yomym mm sks y&K* mem »& &)ec &&&&& &** me*, mm B I L L T O Repeal fo much of an Act, made in the lad Seflion of Parliament, intituled, " An Act for granting to His lt Majefty additional Duties on Hawkers, Pedlars, and " Petty Chapmen, and for regulating their Trade," as reftrains Hawkers and Pedlars from exoofins to Sale Goods in Market Towns, and as enables Juftices of the Peace of any County to prohibit fuch Hawkers and Pedlars from vending their Goods within the fame; and for further regulating their Trade. Note. — The Figures in the Margin denote the Number of the Folios in the written Copy. ra*&*«£>(£]R(£3£>, by an Aft patted in the laft Seffion of 3? ^jjjf Parliament, intituled, " An Act for granting to His ^ 2J2J ^ " Majefty additional Duties on Hawkers, Pedlars, )£ )& " and Petty Chapman, and for regulating their k.&*3$*&J* « Trade," it was amongft other Things Enacled, that no Hawker, Pedlar, Petty Chapman, or any other trad- ing Perfon or Perfons, going from Town to Town, or to other Men's Houfes, or travelling, either on Foot, or with Horfe A or t 2 ] or Holies, or opening a Room or Shop, and expofing to Sale any Goods, Wares, or Merchandizes by Retail, in any Town, Farifh, or Place, iuch Perfon not being a Houfeholder there, or the fame not being an ufual Place of his or her Abode, or of his or her carrying on Bufinefs, Should vend, fell, or expofe to Sale, any Goods, Wares, or Merchandizes whatfoevcr, in any City or Market Town in England, Wales, or the Town of Berwick upon Tweed, or within the Diftancc of Two Miles from the Middle of the moft central Market Place, by the ufual or moft common Road, of any fuch City or Market Town; and in cafe any fuch Perfon or Perfons fliould vend, fell, or expofe to Sale, any Goods, Wares, or Merchandizes whatfoever, in any City or Market Town in England, Wales, or the Town of Berwick upon Tweed (except as before excepted) every fuch Perfon mould forfeit and pay for every fuch Offence the Sum of Ten Pounds, to be recovered and applied as thereinafter is mentioned : And it was by the laid Act further Enacted, that it mould not be lawful for any Hawker, Pedlar, Petty Chapman, or other trading Perfon travelling as aforefaid, to vend his or her Goods or Wares in any County, or City being a County of itfelf, or Town being a County of itfelf, in England or Wales, by virtue of any fuch Licence as aforefaid, in caie the Juftices afigmbled at the General Quarter Seiiions of the Peace hSould have made a n Order that Hawkers, Pedlars, Petty Chapmen, and other trad- ing Perfons as aforefaid, fliould not have Liberty to vend their Goods and Wares in fuch County, City, or Town, upon Pain of forfeiting for every fuch Offence the Sum of Ten Pounds ; and that no fuch Order ihould at any Time be made, except at the Quarter Seiiions next after Michaelmas, to be holden for fuch County, City, or Town, and mould not be in Force until Nine Months after Notice fliould have been given of the fame in fome public News-paper published or circulated in fuch County, City, or Town, reflectively : 3ni) tolKrcag it is deemed expedient to repeal the above-recited Claufes, contained in the Act above mentioned : 1BC it therefore (EnaftCB by the KING'S Moft Excellent Majesty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parlia- ment affembled, and by the Authority of the lame, That from and after the the above- recited Claufes, con- tained in the faid Act of the Twenty -fifth Year of His prefent Majeity's Reign, (hall be, and. the fame arc hereby repealed. 3nD [ 3 '"] Ont) fjC it CnafteH by the Authority aforefaid, That every Perfon or Perfons applying for a Licence to trade as a Hawker, Pedlar, or Petty Chapman, fhall, at the Time of his making fuch Application, and before fuch Licence is grant- ed to him, deliver to the Commifiioners appointed for li- cencing Hawkers, Pedlars, and Petty Chapmen, or to their Riding Surveyor of the Diftrici, or to his Deputy, a Certificate, figned by reputable Houfeholders of the Place where the Perfon making fuch Application ufually refides, to the Satif- fadtion of the faid Commifiioners, or their Riding Surveyor, cr his Deputy, certifying that he or fhe are of good Character, and fit to be licenced as a Hawker, Pedlar, or Petty Chapman ; and the Words of fuch Certificate fhall be indorfed on the faid Licence, together with the Names of the Perfons who fubferibe the faid Certificate; and no Licence whatfoever fhall be granted but upon Delivery of fuch Certificate, and the Indoifement of the faid Certificate on fuch Licence in Manner above- mentioned. 9n0 \st it ftitthct dEnafiCu" by the Authority aforefaid, That no Hawker, Pedlar, or Petty Chapman, or any other trading Perfon or Perfons going from Town to Town, or to other Men's Houfes, or travelling, either on Foot or with Horfe or Horfes, or opening a Room or Shop, and expofing to Sale any Goods, Wares, or Merchandizes by Retail, in any Town, Farifh, or Place, fuch Perfon not being a Houfeholder there or the fame not being the chief Place of his or her Abode, or of his or her carrying on Bufinefs, fhall vend, fell, or expofe to Sale any Goods, Wares, or Merchandizes whatfoever, in any City, Borough, or Corporate Town in England, TV ales, or the Town of Berwick upon Tweed, or within the Suburbs thereof, except upon Market or Fair Days, every fuch Perfon offending herein fhall forfeit and pay for every fuch Offence the Sum of to be recovered before or more of His Ma- jefty's Juftices of the Peace of the County, City, Town, or Place wherein the Offence fhall be committed, on Proof thereof, either by the voluntary Confeffion of the Party or Parties ac- cufed, or by the Oath of or more credible WitnefTes; and of every fuch Penalty fhall belong to His Majefty, His Heirs and Succeffors, and to the Informer or Informers profecuting for the fame ; and in cafe of Non-payment fhall be levied by of the Offender's Goods and Chattels, by War- rant under the Hands and Seals of fuch Juftices -, and the Over- plus of the Money raifed, after deducting the Penalty, and the B Expence C 4 ] Expence of the fliall be rendered to the Owner; and for want of fufficlent the Offender fliall he fent by fuch Juftices to the Prifon of fuch County, City, Borough, Town, or Place, for fuch Time, not exceeding nor lei's than as fuch Juftices ihall think moft proper. SrtTJ bC it fUttfjet CliaScD by the Authority aforefaid, That if any Hawker, Pedlar, or Petty Chapman ihall be found or detected in trading, vending, or expofing to Sale any fmug- gled or contraband Goods, and fliall be found guilty of the lame, on the Oath of or more credible Witnefies, before or more of His Majefty's Juftices of the Peace of the County, City, Town, or Place where fuch Offence or Offences fliall be committed, fuch Perfon or Perfons fliall for ever there- after be rendered incapable of being licenced to trade as a Hawker and Pedlar ; and the faid Juftices are hereby directed and required to tranfmit forthwith to the Office of the Com- miffioners for licencing Hawkers and Pedlars, the Name or Names of fuch Hawker, Pedlar, or Petty Chapman as fliall be found guilty of fuch Offence or Offences ; and if any Hawker, Pedlar, or Petty Chapman, after being fo convicted, fliall change his or her Name, and apply for a Licence under a new or dif- ferent Name ; or if any Hawker, Pedlar, or Petty Chapman fliall change, erafe, or deface, or caufe to be changed, erafed, or defaced, his or her Name, or the Name of any Perfons whatfoever, in any Licence, or ufe and trade under fuch Licence knowing the fame to be changed, erafed, or defaced, every fuch Hawker, Pedlar, or Petty Chapman fliall be deemed and adjudged to be OnQ uC It CnattEtJ by the Authority aforefaid, That from and after it fliall not be lawful to or for any Perfon or Perfons, not being a Hawker or Pedlar, to open any Room or Shop, or Place of Sale, or to fell or expole to Sale in any Manner of Way whatfoever, any Goods, Wares, or Merchandizes by Retail, except the Manufacturer of fuch Goods, Wares, or Merchandizes, in any Town, Parifli, or Place, fucli Perfon not being a Houfeholder there, or the fame not being the ufual Place of his or her Abode, or of his or her carrying on Bufmefs, except at any public Market or Fair, under the Penalty of to be re- covered before One of His Majefty's Juftices of the Peace of the County, Riding, Shire, Divifion, City, Liberty, Town, or Place wherein the Offence fliall be committed, on Proof of the [ 5 ] the Offence, either by voluntary Confeflion of the Party or Parties accufed, or by the Oath of One or more credible Wit- nefs or Witneffes ; and of every fuch Penalty fliall belong to His Majefty, His Heirs and Succeffors, and to the Informer or Informers profecuting for the fame, and in Cafe of Non-payment ihall be levied by of the Of- 1° fender's Goods and Chattels, by Warrant under the Hands and Seals of fuch Juftice; and the Overplus of the Money railed, after deducting the Penalty, and the Expence of the fliall be rendered to the Owner ; and for want of fufficient the Offender fhall be fent by fuch Juftice to the Prifon of fuch County, Shire, Divifion, Liberty, Town, or Place, for fuch Time, not exceeding nor lefs than as fuch Juftice fhall think moft proper. Hilt) bt it further CnattCD, That if any Perfon or Perfons fhall find himfelf or themfelves aggrieved by the Judgment of any fuch Juftice or Juftices, then he and they fhall and may, upon giving Security to the Amount of the Value of fuch Pe- nalty and Forfeiture, together with fuch Cofts as fhall be awarded in cafe fuch Judgment fliall be affirmed, appeal to the Juftices of the Peace at the next General Quarter Seffions for the County, Riding, or Place ; who are hereby impowered to fumnion ; j and examine Witneffes upon Oath, and finally to hear and de- termine the fame; and in cafe the Judgment of fuch Juftice or Juftices fhall be affirmed, it fhall be lawful for fuch Juftices to award the Perfon or Perfons appealing to pay fuch Cofts, occa-y iioned by fuch Appeal, as to them fliall feem meet. *> .8 Offi^ 3 O O a. S o o s o re OS _L £5. o J -», _ J a- ^ >-i o 3 » -•> fc> 2.3 O •»" r» Hi Ho oo • 5 3 c r> 3" > 3 o 5-2: o o re o R" "> o 3 O p, 5- o u re x" re s- o. ^T a. <= O * OP o P 3 3 era ►ri ~* 3 &. 2 o- £: t> C. >sr sf§ £'*< W ©| © j ■&oo»*^o©3o^£eoo«*^oooc«^>^«&oooo«K-oo©o*froo« Q\ B I L l_j [WITH THE AMENDMENTS] FOR More effectual Relief of the Poor, and afcertaining the Settlement of Baftard Children. N. B. The Words printed in Italic, and the Claufe marked (A), were inferted by the Committee ; and the Words- printed in IBlQCk ILCttCt, at the Bottom of the Pages, were left out by the Com- mittee. Note. — The Figures in the Margin denote the Number of the Folios in the written Copy. f 4-Hr-f-| H E R E A S the Laws now in being relating to the f -• © w ®J- P° or nave not on ty Dec °m e very burthenfome, but 4-@ ®4- are found to be ineffe&ual to anfwer the good Pur- 4..-.;.. .;.._.:.....;.. pofes for which they were enacted : And whereas it might tend greatly toward the Comfort of, the Poor, as well as leflen the prefent Burthen on the Rich, if One General Fund were to be eftablimed, to which the Rich mould be obliged to become Contributors, for the Benefit of the Poor/ and to which alfo the Poor, while young and in Health, mould A be [ 3 ] be obliged by fmall Savings to contribute towards their own Support, when diiabled by Sicknefs, Accident, or Age : May it therefore pleafe Your M A J E S T Y, Tbat it may be Enacted ; And be it Enacted by the KING'S Moft Excellent Majesty, by and with the Advice and Con- fent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That from and after the Twenty -ninth Day of September One thou- fand Seven hundred and E ; ghty-fevcn, there be eftablifhed within every Parifh throughout England, Wales, and the Town of Ber- wick upon Tweed, One General Club, or Society, for the Pur- pofe of entitling the Members thereof, on Payment of a certain Sum or Sums Weekly, to a certain Weekly Receipt, under fuch Provifoes, Limitations, and Conditions as are hereinafter men- tioned, fpecified, and declared, of and concerning the fame, and that every Perfon within England, Wales, and the Town of Berwick upon Tweed (excepting fuch as are hereinafter excepted) ihall be obliged to enter himfelf or herfelf a Member of fuch General Club or Society, and pay into the Hands of fuch Perfon or Perfons as fliall be lawfully appointed to receive the fame, all fuch Sum and Sums Weekly and every Week as lhall be herein- after fpecified ; that is to fay, every Male Perfon on his attaining the Age of Twenty-one Years, or who fliall receive to and for his own Ufe and Benefit, the Daily Hire of or more than Ten Pence bv the Day, or being a domeftic Servant, fhall receive the clear Wages of One Shilling and Six Pence by the Week, or Four Pounds by the Year, (hall pay, or caufe to be paid, into the common Fund of the laid Club or Society the Sum of Tuo Pence Weekly, and every Female Perfon on her attaining the Age of Twenty-one Years, or who fliall receive to and for her own Ufe and Benefit the Daily Hire of or more than ' Five Pence by the Day, or being a domeftic Servant, fhall receive the clear Wages of One Shilling and Three Pence by the Week, or the Sum of Three Pounds by the Year, fhall pay, or caufe to be paid, into the common Fund of the laid Club or Society, the Sum of Three Halfpence Weekly, under ' 'fuch Penalty 3 or Penalties as hereinafter n ent,oned: Provided always, That fuch Perfons, whether Male or Female, as lhall through Sicknefs or Accident %\% i^ence : the 5 Of- be t 3 ] be incapable of maintaining themfelves, and fuch as fhall be above the Age of 'Thirty, or being married, fhall have One or more Children, fhall not be compellable to become Subfcribers to the faid Fund : Provided neverthelefs, That fuch married Per- fons as fhall have a Child or Children may become voluntary Sub- fcribers to the faid Fund, but fhall not be entitled to any Allowance in refpect of their Child or Children, in Manner as hereinafter mentioned, excepting for fuch Child or Children, as (hall have been born in lawful Wedlock Nine Months at leaft after the Com- mencement of his or her Subfcription : Provided alfo, that every Perfon, whether Male or Female, who fhall be of the Age of Thirty Tears, and under Fifty Tears, and in a found and perfect State of Health, may and fhall be permitted to become a volun- tary Subfcriber to the faid Club or Society upon the Payment of One Tears Subfcription by Way of Entrance Money, together with an additional Shilling for every Year which fuch Perfon fhall have attained beyond the Age of Thirty Tears at the Time of fuch Entrance. And, in order to guard as much as may be againft the Admif- fion of improper Perfon s into the faid Club or Society, as fuch voluntary Subfcribers as aforefaid, Be it Enacted by the Authority aforefaid, That all Perfjns who mall be defirous of becoming fuch voluntary Subfcribers fhall apply for fuch Admifhon to the Mi- nifter, Churchwardens, and C3verfeers of their refpective Pa- rifhes, who fhall and may, and are hereby impowered and au- thorized to admit, or to refufe to admit, all fuch Perfons fo ap- plying, as they in their Difcretion and Judgment fhall think right and fit, the faid Minifters, Churchwardens, and Ovcrfeers reflectively, having been firff. duly fworn (and which Oath any neighbouring Juftice of the Peace is hereby impowered to admi- nifter) " to act in the Difcharge of this public Trull according " to the bed of their Skill and Judgment, without Favour or " Affection, Prejudice or Malice :" Provided always, That no Perfon fhall be admitted as fuch voluntary Subfcriber as afore- faid, unlefs with the unanimous Approbation and Confent of the faid Minifter and Parifh Officers. And be it alfo Enacted by the Authority aforefaid, That ail Perfons whether Male, or Female, who jhall be fifed or pollened of any Freehold or Leafehold Ejlate of or above the Value of Ten Pounds a Tear, or who fall be pojfejj'ed oj Property of the Value of One thoufand Pounds Sterling or upwards, fhall be compellable to contribute C 4 ] contribute the Sum of Three Pence per Week, and to increafe that Contribution by One Penny by the Week for every Thoufand Pounds Sterling of which he or file fhall be poffeffed, provided that the Whole of fuch Contribution or Subfcription do not amount to more than the Sum of One Shilling by the Week ; and alfo, that no Pariih Officer whofe proper Bufmefs it may be to make a Valuation of fuch Perfonal Property, fhall rate any Perfon or Perfons any higher, in refpect of the fame, than fuch Officer fhall b? ready to declare (upon Oath, if required) he in his Confcience and bona fide beheves them to be worth. And be it further Enacted by the Authority aforefaid, That in Coniideration of the feveral and refpective Subfcriptions hereby made payable, the feveral and refpective Subfcribers fhall be en- titled to receive, and fhall be paid, the feveral and refpective Al- lowances hereinafter mentioned, according to the Table marked (N° i.) in the Schedule hereto annexed, which Schedule is hereby declared to be a Part of this Act (that is to fay) every Female Subfcriber of Three : Halfpence by the Week, for and during fo long a Time as fhe fhall by Sicknefs or Accident, not brought on by any unlawful Action, be confined to her Room, and be incapable of Labour, fhall be entitled to, and be paid the Weekly Sum of Three Shillings ; and for and during any fubfe- quent Time that fhe fhall, through the fame, or any other Sick- nefs, Accident, or Infirmity, be rendered incapable of earning the Sum of Three Pence by the Day, in the Opinion of the Minifter, Churchwardens, and Overfeers, or the Majority of them (and who, afiifted by the Advice and Opinion of the Pariih Apothe- cary hereinafter mentioned, fhall, in thefe, and in all Cafes of the like Nature, judge of and determine the fame) be entitled to the Weekly Allowance of Tvo Shillings, fo long as that Incapacity fhall continue ; and alfo immediately from and after fhe fhall have arrived at the Age of Sixty- five Years, fhall be entitled to the Weekly Sum of Ten Pence Halfpenny ; and from and after the Age of Seventy (or at any Time before, when fhe fhall, in the Opinion of the Perfons before mentioned, be rendered incapable, through any Accident or Infirmity, of earning more than Three Pence by the Day) be entitled to the Weekly Sum of One Shi/ling and Four Pence Halfpenny ; and from and after the Age of Se- venty-five, fhall be entitled to the Weekly Sum of Three Shillings during Life, and alfo to the like Sum of Three Shillings by the Week, at any Time before the Age of Seventy-five, in cafe fhe fhall, through Sicknefs or Infirmity, be deemed and adjudged, by the [ 5 3 the Perfons before mentioned, io be wholly incapable of Labour 7 and fuch Subfcriber, under the Rcftriclions before mentioned, lhall alfo be entitled to receive, for every Child more than 'Two, who mail be living at the fame Time, and (hall have been born in lawful Wedlock, and be under Eight Years of Age, the Weekly Sum of One Shilling in her own Right. And be it further Enacted by the Authority aforefaid, That every Subfcriber of Two Pence by the Week, whether Male 01 Female, (hall be entitled to receive in the Firft Inftance, as above mentioned, the Weekly Sum of Six Shillings, and in the Second Inftance, during fuch Male Subfcriber's Incapacity of earning by his Labour the Daily Sum of Six Pence, or during fuch Female Subfcriber's Incapacity of earning by her Labour the Daily Sum of Three Pence, fuch Male and Female Subfcriber^ ihall be refpectively entitled to receive the Weekly Sum of Three 10 Shillings, and for every Child more than Two, who fhall be living at the fame Time, fuch refpective Subfcriber fhall be entitled, under the Reftrictions before mentioned, to One S/jilling and Four Pence Halfpenny by the Week, in his or her own Right ; and from and after the Age of Sixty-five, fuch Subfcriber, whether Male or Female, fhall be entitled to receive One Shilling a Week j and from and after the Age of Seventy, One Shilling and Seven Pence Halfpenny by the Week, or at any earlier Period of Life during fuch Male Subfcriber's Inability to earn the Weekly Sum of Six Pence, and during fuch Female Subfcriber's Incapacity to earn the Weekly Sum of Three Pence ; and from and after the Age of Seventy-five, or at any earlier Period, upon fuch Male or Fe- male Subfcriber's becoming, in the Judgment of the Perfons be- fore mentioned, incapable of any Labour, fuch Male or Female Subfcriber fhall be entitled to Three Shillings and Six Pence by the Week during Life. o And be it Enacted by the Authority aforefaid, That in cafe of 11 the Death of either of the Parents of fuch Children as aforefaid, the Survivor, whether Father or Mother, fhall be entitled to re- ceive the Allowance allotted for and in refpect of Children, in like Manner as if both the Parents were ftill living -, and in cafe of the Death of both Parents, all Orphan Children of fuch fub- fcribing Parents, as fhall be left unprovided for, mail be enti- tled to the Pay allotted to their Parents Subfcription, until they fhall have attained the Age of Eight Years refpectively, deducting, in each of the Two next before-mentioned Cafes, fuch Sum or Sums as the Parent or Parents muft have continued to fubferibe B Weeklv, t 6 ] Weekly, had fuch Parent or Parents been frill living; and if it fhall fo happen that the faid Allowances fhall be more than fuf- ficient for the Purpofes of Nurture of the faid Orphan Chil- dren, the fame fhall be applied for the Benefit of fuch Orphan 12 Children, in fuch Manner as the Minifter, Churchwardens, and Overfeers for the Time being of each Parifh reflectively, with the Confent and Allowance of One or more neighbouring Juftice or Juftices of the Peace mail think fit, to order and di reel: : Pro- vided always, That no Perfon or Perfons fhall be entitled to any Allowance in any of the above-mentioned Inftances, excepting in the Third relating to Children, unlefs fuch Perfon or Perfons fhall make it appear, to the Satisfaction of the Minifter, Church- wardens, and Overfeers of the Parifh where he or fhe may re- fide, that he or fhe is not worth the S-um of One thoufand Pouno 's t nor has an Income, arifing from any other Source whatever, amounting in the Whole to the Sum of Fifty Pounds a Year ; nor fhall any Perfon or Perfons in the Fourth and Fifth Inftances be entitled to any Allowance on Account of Age, who fhall not 13 in like Manner make it appear, to the Satisfaction of the Per- fons above-mentioned, that he or fhe is not pofTeffed of the Sum of Five hundred Pounds, nor has an Income, arifing from any Source whatever, of Twenty-five Pounds a Year : Provided ne- verthelefs, That it fhall and may be lawful for the Juftices of the Peace aifembled at any Quarter Seffions, on the unanimous Application of the Minifter, Churchwardens, and Overfeers of the Parifh where any Perfon or Perfons of either of the De- fcriptions above mentioned may refide, to order fuch Payment or Payments to be made out of the Funds as fuch Perfon or Perfons Weekly Subfcriptions would otherwife have entitled him, her, or them to receive : Provided alfo, That no Man, ex- cept he fhall have Two Children to maintain, and that no Wo- man, except fhe fhall have One Child to maintain, fhall, in the Firft Inftance above mentioned, receive full Pay for any longer Time than Four Months on Account of any One Fit of Sick- 14 nefs, but from and after the Expiration of the faid Four Months fhall receive fuch Pay only as is provided in the Second Inftance, and denominated Walking Pay. And he it further Enacted, That in cafe any Man, having Two Children to maintain, or any Woman, having One Child to maintain, fhall become or be made an In Patient of any Hofpital or Infirmary, he or fhe fhall be ftill entitled to receive his or her full Pay during fuch Confinement; but in cafe any Man hav- ing I 7 1 ing One Child only to maintain, or any Woman having no Child to maintain, fhould become or be made fuch In Patient of any Hofpital or Infirmary as aforefaid, then he or {lie {hall be entitled to receive, during his or her Confinement, fuch Pay only as is denominated Walking Pay. And be it Enacted by the Authority aforefaid, That in cafe the Widow of any Subfcriber, being herfelf a Subfcriber, fhould be left with any Number of Children lefs than Three, fuch Wi- dow mall be entitled to receive One Shilling by the Week for One i ^ Child, and Two Shillings by the Week for Two Children, and if fuch Widow fhall be left with the Number of Three or more Children, me fhall be entitled to Six Pence by the Week for each of Two Children out of that Number, and tor each Child above Two fhe fhall be entitled to the Allowance appropriated to the Parents Subfcription, that is to fay, where both Parents (hall have been Subfcribers of Two Pence by the Week each, the Widow fhall be entitled to receive Three Shillings and Nine Pence by the Week for Three Children, Six Shillings and Six Pence by the Week for Four Children, and a proportionate Increafe of Two Shillings and Nine Pence by the Week for every Child ; but in cafe One of the Parents fhould have been a Subfcriber of Two Pence, and the other only Three Halfpence by the Week, then fuch Widow fhall be entitled to receive only Three Shillings and Four Pence 16 Halfpenny by the Week for Three Children, Five Shillings and Nine Pence for Four Children, and a proportionate Increafe of Two Shillings and Four Pence Half-penny for every Child, as long as fuch Child or Children fhall refpedtively be under Eight Years of Age. And be it alfo Enacted, That it fhall and may be lawful for the feveral Parifh Officers, in their refpeclive Parifhes, to lay out and expend, from the Stock of the faid Club or Society, the Sum of Twenty Shillings, for and towards the Expence of the Funeral of every Subfcriber, whether Male or Female, who fhall be entitled to receive any Allowance by virtue of his or her Subfcription. And whereas it may tend greatly to the public Advantage to have able and proper Perfons appointed to take Care of the Sick Poor, and fupply them with fuch Medicines as may be necellary ; Be it alfo Ena&ed by the Authority aforefaid, That from and after the Twenty-ninth Day of September One thoufand Seven hun- dred and Eighty -feven it fhall and may be lawful for the Minifter, Churchwardens, and Overfeers of each refpeclive Parifh, to a°ree 1 7 with [ 8 ] with fome Apothecary, upon fuch Terms as may be thought fit and realbnable, who fhall, in purfuance of fuch Agreement be always obliged, upon proper Notice, to attend, take Care of, and fupply with neceffary Medicines and Drefiings, all fuch Poor of his refpective Parifh as fhall require his Aiiifbance, and alio all fuch Subfcribers to the faid Club or Society, who, in the Opinion of the Minifter, Churchwardens, and Overfeers, or a Majority of them, fliall be deemed to be not well able to pay for fuch Affiit- ance ■, and that One Moiety of the Annual Salary of the faid Apo- thecary fliall be difcharged out of the Poor Rate of the Paridi where fuch Agreement fhall be made, and the other Moiety out of the Fund ariiing from the Weekly Subfcriptions of the Members of the faid Club or Society. And be it Enacted by the Authority aforefaid, That upon any Subfcriber's being taken ill, or meeting with any Accident whatfo- 18 ever, and notifying the fame to the Minifter, or, in his Abfencc, to one of the Parifh Officers of the Parifh to which fuch Sub- fcriber fliall belong, One of fuch Parifh Officers, on fuch Notice being given, fliall, as loon as conveniently may be 4 after re- ceiving fuch Notice (under the Penalty of any Sum not exceeding Ten Shillings, to be forfeited to the Ufe of the Poor of the faid Parifh) be obliged to attend, or to find fome proper Perfon to attend for him, and examine the Situation and Condition of fuch Subfcriber, and give fuch Directions for his or her Relief as the Cafe may require ; and, if Need be, the faid Minifter or Parifh Officer, or fuch proper Perfon appointed by the Minifter and Parifh Officer as above-mentioned, fhall and may, and is hereby authorized to fend for and require the Attendance and Affiltance of the Parifh Apothecary, in taking Care of and providing proper 19 Medicines and Drefiings for fuch Subfcriber, the Expence of fending for which Parifh Apothecary fliall be defrayed out of the Fund belonging to the faid Club or Society. And, for the Purpofe of making effectual Provifion for the re- gular and fucceffive Receipts and Payments of all fuch Subfcrip- tions and Allowances as are by this Act appointed to be received and paid, Be it further Enacted by the Authority aforefaid, That on every Sunday immediately after Evening Service, the feveral Parifh Officers who by virtue of their faid Office fhall be con- fidered as, and are hereby appointed to be, Treafurers of the faid but toitftin the %pace of , Club [ 9 ] Club or Society, fhall attend at their refpeclive Parifh. Churches for the Purpofe of receiving all fuch Subfcriptions and Contribu- tions as aforefaid (which the Subfcribers and Contributors above mentioned (hall be and are hereby accordingly obliged to pay to the faid Treafurers) which (hall be due, and of paying all Al- lowances, and difcharging all Claims that fhall be due from the faid Club or Society, and fhall then and there enter into a Folio 20 Parchment Book or Books, to be purehafed at the Expence of each Pari ill refpectively, and marked and ruled in fuch Manner as is defcribed in the Table marked (N° 2) in the Schedule here- unto annexed, which Schedule is hereby declared to be a Part of this Act, all fuch Sums as ihall have been received or paid, with the Names of the feveral Subfcribers fo paying or receiving the fame. And be it further Enacted by the Authority aforefaid, That in cafe any or either of the faid Parifh Officers fhall be called out of his or their refpedtive Parifh or Parifhes upon any ne- ceflary Bufmefs to be done for or on Account of the faid Club or Society, he or they fhall receive fuch reafonable Compenfation for the Trouble and Expence attending the fame, as One or more neighbouring Juflice or Juftices ihall order and direct, the laid Compenfation to be made out of the Money collected for the Poor Rate of fuch Parifh or Parifhes refpectively, at fuch Times 21 and by fuch Perfons as are hereinafter mentioned. And forafmuch as it may happen that the Perfon or Per- fons appointed to be Parifh Officers may be unfit and not qua- lified to difcharge the Duties of the Truft hereby intended to be repofed in them ; Be it Enacted by the Authority aforefaid, That the Parishioners of every Parifh refpectively, in Veflry duly ailem- bled, may and are hereby required to judge and determine of the proper Capacity or Incapacity of any Churchwarden or Over- leer of the faid Parifh to difcharge the Duties of the Office hereby created ; and in cafe of fuch Veflry having determined that any or all of fuch Parifh Officers is or are incapable, it fhall and may be lawful for the faid Veifry to nominate and appoint fome other fit and proper Perfon or Perfons to execute the faid Office, and to make him or them fuch Compenfation for the fame, out of the Poor Rates of the faid Parifh, as any One 22 or more Jultice or juftices fhall order and direct: Provided al- ways, That fubfequent to the Nomination of fuch Veflry, and previous to the Appointment of fuch Officers, the Minifler C fhall [ "> ] {hall declare his Approbation or Difapprobation of fuch Ap- pointment, in Writing under his Hand, in the Words following, or to the like Effedt : " I Minifter of the Parifh of " do declare, That I fincerely believe that A. B. is " [or is not, as the Cafe may be] a fit Perfon to difcharge " the Office of Treafurer of the Fund for the Ufe of the " Poor." And in cafe of his Difapprobation, the Matter fhall be enquired into, and the Propriety of his Conduct determined, by any Two or more neighbouring Juftices of the Peace. And whereas it is juft and reafonable that fome Compenfation fhould be made for the Execution of a new and troublefome 23 Office ; Be it Enacted, That every Perfon who fhall be duly ap- pointed to, and faithfully difcharge, the Office of Treafurer as aforefaid (excepting fuch Perfon or Perfons as fhall execute the fame for Hire, and in that Cafe then the Perfon hiring) fhall be entitled to an Exemption from a certain Portion of Statute La- bour for the Repair of the Highways in the Parifh where fuch Officer fhall refide, according to the Number of Subfcribers within fuch Parifh; that is to fay, where the Number of Subfcribers fhall not amount to Two hundred, the Parifh Officer or Officers at- tending and executing the Duty of the faid Office fhall not be entitled to any Exemption, but where the Subfcribers fhall amount to the Number of Two hundred or more, and be lcfs than Four hundred, the faid Attendance and Performance fhall exempt the faid Officer or Officers from One Year's Statute Labour on the Highways of the faid Parifh for One Plough Land, and where the faid Subfcribers fhall amount to or exceed Four hundred, and 2.4 be fewer than Six Hundred, fuch Officer or Officers fhall be ex- empt from One Year's Statute Labour on the Highways for Two Plough Lands for fuch Attendance and Performance, and where the faid Subfcribers fhall amount to or exceed Six hundred, and be fewer than Eight hundred, fuch Officer or Officers fhall be ex- empt from One Year's Statute Labour on the Highways of the faid Parifh for Three Plough Lands, and fhall be entitled to a proportionate Exemption of One Year's Statute Labour on the Highways of the faid Parifh, for every additional Number of Two hundred Subfcribers therein ; and in cafe One Parifh Officer fhall perform the Whole of the Duty, fuch Parifh Officer fhall he entitled to the Whole of the faid Exemption, and where Two Officers [ « ] Officers or more (hall perform the Duty, the Benefit of the Ex- emption fhall be equally divided between them. And be it further Enacted, That any Perfon not above the Condition of a Day Labourer, who, under the Provifions of this Act, lhall become a Subfcriber to the faid Club or Society of a Weekly Sum not exceeding Two Pence, lhall be wholly exempt from the Performance of Statute Labour on the Highways in any Parifh whatfoever, and from any Compofition in lieu thereof, (o long as fuch Perfon lhall continue to be fuch Sub- fcriber of a Weekly Sum not exceeding Two Pence. And be it further Enacted, That Yearly and every Year, at the Petty Seffions of the Juftices of the Peace, which fhall be held in Eafter Week for the Purpofe of granting Nomination Warrants to the feveral Parifh Officers then newly appointed and 2 $ chofen, the feveral Parifh Officers who fhall have difcharged the Office of Treafurer or Treafurers of the Fund of the faid So- ciety (hall exhibit their refpective Accounts, and fhall then and there, before the faid Juftices, be feverally fworn to their re- fpective Receipts, Allowances, and Payments, and the faid Ac- counts, being duly examined, and found by the faid Juftices to be true and juff, lhall be figned and allowed by them accord- ingly. And whereas it is probable that, for fome confiderable Time from and after the pafling of this A6t, the Weekly Receipts of the feveral Sums fubfcribed will greatly exceed the feveral Al- lowances to be made in Confideration of fuch Subfcriptions ; Be it further Enacted, That the feveral Pariih Officers, whofe Bufi- nefs it may be as Treafurers to receive the Weekly Contribu- tions of the feveral Subfcribers, lhall pay into the Hands of the Parochial Collectors of the Land Tax, at leaft Four Times in the Year, or as often as the faid Collectors (hall be called upon to pay in their refpective Collections, all fuch Sums as fhall be in their Hands refpectively, over and above the Subfcriptions and Contributions for and in refpect of One Month, which Sum fhall always be and remain in the Hands of the faid Treafurers, as and for a Proviuon for accidental and contingent Expences. And be it further Enacted, That the faid Collectors of the Land Tax, or any One or more of them, whom the faid Parifh, Officers may think fit to intruft with the fame, fhall pay over thg faid Surplus, without Fee or Reward, into^the Hands of the Treafurer 26 t 12 ] Treafurer of each refpective County, and take his Receipt for the fame, which Receipt (hall be put into and kept in the Cheft be longing to each refpective Parifh. And be it further Ena&ed by the Authority aforefaid, That the laid County Treafurer ihall, within Twenty Days after the Receipt of the faid Surplus Money as aforefaid, caufe the fame to be inverted in and paid into the Hands of the Governor and 27 Company of the Bank of Engla«d, in the Name or Names of the Reprefentative or Reprefentatives in Parliament of each refpec- tive County for the Time being, and the laid County Treafurer fhall, and he is hereby likewife required forthwith to publilh in fome One or more of the public News-papers within the faid County, a true and juft Account of all fuch Surplus Monies fo by him received and paid as aforefaid, and as foon as it may be conveniently done, after each Quarter Day, the feveral aggre- gate Sums of the refpective Counties throughout England lhall be publifhed, by the Treafurers of each refpective County, in the London Gazette. And, forafmuch as it is probable, that for a confiderable Time from and after the palling of this Act there will be a con- tinual Accumulation of fuch Surplus Monies as are above men- tioned ; for the better Security and improving the faid Surplus- Monies, Be it Enacted, That the feveral Perfons who fhall be Reprefentatives in Parliament for the feveral Counties in England 2$ and Wales, and Town of Berwick upon Tweed, fhall be, and they are hereby appointed to be Commiifionei s for the Purpofe of receiving the faid Surplus Monies, and the Intercft which lhall from Time to Time accrue from the fame and of laying out and inverting the fame, or fo much of the fame as fhall not be re- quired by their refpective Counties for the Support of the Sub- fcribers thereunto belonging, in fuch one or more of the public Funds as may appear no them to be moft proper and advan- tageous, and the faid Commiffioners are hereby required to lay out and invert in fuch one or more of the public Funds as afore r faid the Produce of fuch Accumulation as aforefaid, Once at leaft in every Quarter of the Year ; and the faid Commiffioners are hereby further impewered and required, as often as Need lhall be, to draw out from the faid Bank or public Funds fuch Sums of Money as fhall from Time to Time be neceffary for the Pur- pofes of fuuplying the Exigencies of the faid Clubs within their refpecdive Counties ; and in cafe it fnall at any Time happen, 29 that the Dilburfements of the Parifh Officers fliall exceed their Receipts, [ »3 ] Receipts, it fiiall and may be lawful to and for any Two or more juftices of tlie Peace of the Divifion, at any Petty Seffions to be held within any County, upon a Reprefentation made by any Parochial Treafurer or Treafurers of each reipective Pariih within the faid Divifion, to order the Treafurer of the County wherein fuch Divifion fhall lie to advance and pay unto the faid Parochial Treafurer or Treafurers fuch Sum or Sums of Money as fhall be wanting to fupply the Deficiency of the laid Subfcrip- tion Fund within the faid Pariih, and the faid County Treafurer is hereby impowered and required to apply to the relpeclive Re- prefentative or Reprefentatives of the faid County for Monies fuitable to fuch Exigencies, which Reprefentative and Reprefen- tatives is and are hereby impowered and required to iflue the fame accordingly. ' And 5 ana tohereas, in ftc QLitizti of lonoon ann (EOcfimmflcr, ano alfo in fcneral orf)cc Cities ana great Craning Coton0, 30 namely lt)0Ufe IRent, ann aimoft all the jSeeeflrarics of life, are at a mueh higher IRate than in ofhet Parts of the Sfongnom > for the better ant) more efie&uai Eclicf of ti;e Poor belonging to fuch Cities anD Coftms, IBz it ^naften by the authority aforcfain, Chat etiery jTcmalc ^ubferiber belongina to the City of iLonuon or O&cflminfier, or to any Pariilj \nfthin the SDiflance of smiles from the fame, Ojall, in iRight of h:r (Hackly %nbfcviption of be cntitlcn to^reeciue, ooer ann abofec the allots antes hereinbefore mentioned, the fcttzckty anMtion in the iftrfl 3in3ance of in the Second linfiance of in the Chita of in the JFourth of in the jTifth of in the %ixtb of anD alfo coery ©tt&fcribcr of by the ffllzck {hall bz entitled to receive the fame annitional ®ums '.icicchlp, in each of tfce tm-~ O ral 3 1 [ >♦ ] And be it Enacted by the Authority aforefaid, That in cafe any Subfcriber fhall refufe, or wilfully neglect to pay his or her Subfcription, for any longer Time than Two Months after the fame fhall become due, fiich Subfcriber fhall not, under any Sicknefs or Accident, be entitled to any Allowance or Benefit out of the faid Fund for that Time, nor at any Time after, until he or fhe fhall have firft paid up and difcharged all the Arrears of his or her Subfcription ; and in cafe any Subfcriber fhall wil- fully neglect or refufe to pay his or her Subfcription or Arrears as aforefaid, for more than 'Twelve Months, fuch Subfcriber fhall be forthwith confidered and put on a Footing with a Non Sub- fcriber. 6 And ral jnflanccs ; anD eucry other CMS of Subfcribcrs (tinner, fuch as fyali fubfciibc tftc Sum of Seucn Ipcnce bg tbe Ulcck) ftjall be cntitlcD to reccirjc tbe fame aODitional Sums (Kleltlg in each of tbe federal jnflances as abouc mentioned ; anD encry Subfcriber belonging to anp or either of tbe otber Cities or {Treat CraDing Cotons aboue fpecifico limit, in IRigbt of her cuEieckly Subfcription of be cntitlcD to receme, ooer anD abooc tbcSUotoanccs hereinbefore mentioneD, tbe CClccfcly SDDition, in tU Jfirfl JnOance, of in the ScconD Jnaancc of in tbe C&itti of in the jrourtf) anD Jriftb of each, ano in the Sirtb of anD fo alfo e&erj? other Clafs of Subfcribers (bcloto fucb as fljal! fubfecibe tij; ©urn of Sroen pence bp the faUccfe) ujall be cntitlcD to xc- ceioe the fame aoaitianal Sums Ultzkly in each of tbe federal 3inftances a? abcuc mcntiencD. '" ano moreover it fhall ann map be latoful for the Jparift £Dffi.:er, or fucb IPerfon as may be property ano Duty appointen co rcceirje tJ;e iHSeefcty Subfcriptions, anD he is jjeteby auioa? 53 ri^co anD requires to call upon tbe c-mploper of any fucb Sub* fcribcr for any Sum ffjat be or fijc map be in arreat as .afcrcfaiD, anD from anD immeoiatety after tr: miking, of fucb sDemanD the f a D Cmpl?ger foall be anftueraole for tjje fame, prcoScn |e or fbc fluil be inocbrcD fo much to fucb Subfcriber; anD upon Complaint to £Dne or more 31ufiic2 or 3[ unices of the Ipcacc, of tbe toilful JBegleft or Ecfufal of any jpcrfon hereby maDe compellable to fuburibe to the faio j?uno, to pay Jbis faio Subfcription tyoncp, or of hid or Ijcr Cmplorer to [ *s ] Ami be it further Enabled, That no Perfon, whether Male or Female, who fhall refufe or neglect to fubfcribe as foon as he or fhe fhall become competent thereto, fhall be admitted afterwards into the faid Club or Society, until he or (lie fliall firft have paid, by- way of Entrance Money, 7 One Half of his or her Annual Sub- fcription for every Year that he or fhe fhall have refilled or neg- lected to fubfcribe, from the Time of his or her Competency to 35 become a Subfcriber; but as it may often happen that idle and improvident Perfons may not have Money fufficient to difcharge at once the Whole of the Sum required for their Entrance Mo- ney as above mentioned, though willing to become Subicribers, it fhall and may be lawful for the Minifter, Churchwardens, and Overfeers of the faid Pariib, to admit any fuch Perfon to become a Subfcriber, on his or her advancing the Sum of One Penny by the Week over and above their Weekly Subfcriptions, until fuch Entrance Money fhall be paid up. And forafmuch as nothing but s: an improper Reliance on Parifh Pay can render any Perfons (not exempted as before mentioned)* obftinate in refuting or neglecting to fubfcribe ; Be it Enacted by the Authority aforefaid, That all fuch Per- fons as fliall obftinately refufe or neglect to fubfcribe, being com- petent thereto, fhall be excluded from all Parochial Relief, and pay tfjc fame, on the TEc&alf of fiuh ipetfon, the %um fo negleftco or refufco to be paio as afortfato ftaii be rccote:aLl2 of "the party fo neglecting or refufing, by Warrant of sDifitefe-, miner the l^ano ano %eal, or ipanos ano %eals, of tl;e faio ^ufiice or 5iufiicc0, to be itmcD for that purpofe, ano iihzlm e for the ipurpcfe of rccoucr.ng the amount of trje %um fo ncglcrteo or rcfufeo to be pain, a 3 a Penalty for fuel; jBegtea or Eefufal, together With tee Cofls procures, by ^eans 34 of preferring, bearing, av.o uctirmimng the faio Complaint, ano of creating the faio Warrant of iPiftrcfs ; a:iO the faio 3iiiflice or 3iuft cc0 10 ano are hereby at:tbou?eo ano reguireD to atiminificr the £>atb0 tfjat map be requiute fcr the attainment of 3iuface between the j£artie0 to the proree. inc, ttJithcut fee or Revoaro : IptorUD.n aliuays, that it tfmU ano may be iatoful to ano for fact) (Smploter aj aforcfaiD to Oetm& out of the triages Due to the perfon employee the ®oncy rahiib fliall fjatsc been paio on &i* or per loefjalf, by fuch (Employer, on iDcmano a$ afotefaio. 7 the <§um of , \ a profligate either [ '6 ] either be left to the caiiial Support of voluntary Beneficence, or >° {ball, on the iirll Application for Relief, be fent to the Work- houl'e of the Parifh or Diftricl (if there be any) and if not, then to the Workhoufe of fome neighbouring Pariih or Diftricl where he or file can be received, the Matter or Miftrefs of which is hereby required to admit him or her on fuch Terms as any neighbouring Juftice of the Peace, on Application made to him lor alcertaining the fame, may think reafonable, and the Perfon fo to be placed in fuch Workhoufe fhall not be permitted -to de- part thence until, by the Profits of his or her Labour, he or fhe lhall have reimburfed his or her refpeclive Pariih for the Expence and Charges that may have been incurred by placing and keep- ing him or her in fuch Workhoufe as aforefaid. And whereas it may tend to promote the general Good of the Community, and to encourage Perfons to become Subfcribers to the Fund of the laid Club or Society, to permit all fuch Perfons as ihall be Subfcribers to the faid Fund to refide in fuch Parilhes as 37 they may think proper, under certain Reftric'lions -, Be it Enacted, That from and after the Twenty- ninth Day of September One thou- /'and Seven hundred and Eigbty-J'cven, it fhall and may be lawful for every fuch Subfcriber to go to and refide in any Pariih where it may be moft convenient to fuch Subfcriber fo to -do, and fuch Subfcriber fhall be irremoveable therefrom by any Order of juftices, fo long as he or fhe lhall continue to pay his or her laid Subfcription Money in fuch Parifli or Place, according to the Regulations herein contained : Provided always, that fuch Sub- fcriber, on changing his or her Refidence, fhall take with him or her a Certificate, fignifying that he or fhe is a Subfcriber to the laid Fund, in the faid Pariih from whence he or (he fhall fo remove, and fpecifying the Amount of his or her Subfcription, and the lateft Period at which it fliall have been paid, to the Intent that from the Date thereof fuch Subfcriber may continue his or her Subfcription in the Pariih to which he or (lie may go 38 to refide, and may there have the fame Benefit, in Confequence thereof, as Occafion may require, that he or fhe would have de- rived from a Continuance of Subfcription in the Pariih from whence he or the came. And, in order to prevent all Fraud and Imposition in the granting fuch Certificates as aforefaid, Be it further Enacted., That all fuch Certificates fhall be iigned by the Mjnifter and Two of the Pariih Officers of each Pariih rfpedively, with all ■.convenient .Difpatch, after Requclt made by fuch Subfcriber as aforefaid, I *7 ] aforefaid, for the Purpofe of enabling him or her to change his or her Refidence as aforefaid, and that all and every Pcrfon who ihall wilfully and fraudulently grant fuch Certificate, or who -(hall wilfully forge the Signature or Signatures of the Minifter or Parifli Officer or Officers to any fuch Certificate, (hall be 'deemed and adjudged to be an incorrigible Rogue, and fhall be •puni (liable as fuch by virtue of any Law now in being, or which •ihall hereafter be in Force for the Reftraint of Vagrancy, and that any Perfon who is hereby required to obtain fuch Certificate 39 as aforefaid fhall be compellable to produce the fame to the Con- ; ftable of any Place where fuch Perfon (hall happen to be, on •reafonable Demand made thereof by fuch Conft able ; and in cafe fuch Perfon as aforefaid fhall refufe to produce to the faid Con- ftable fuch Certificate as aforefaid, on reafonable Demand by him made for that Purpofe, the Party fo refufing fhall be deemed, and is hereby declared to be, in the firft Inftance, an idle and diforderly Perfon, and fhall for every fuccefilve Refufal be deemed to be guilty of a repeated A6t of Vagrancy, and fhall be pu- nifhable accordingly by virtue of any Law now in being, or fhall hereafter be in Force for the Reftraint of Vagrancy. And be it further Enacted, That in cafe fuch Certificate as aforefaid ihall not be granted with all convenient Difpatch, after Requeft made as aforefaid, it fhall and may be lawful for fuch Subfcriber, whofe faid Requeft fhall not have been complied with, to apply to One or more neighbouring Juftice or Juftices, who is 40 and are hereby impowered and required to order the Perfon with- holding fuch Certificate forthwith to grant the fame. And, to guard as much as poflible againft Impofitions on the Fund belonging to the faid Club or Society, from fuch Subfcribers as might claim fuch Allowance, as is termed Walking Pay, with- out any Neceflity for their fo doing, Be it Enacted by the Authority aforefaid, That all fuch Subfcribers as fhall refufe to work at any fuch Employments as they fhall be deemed capable of without Injury to their Health, in the Judgment of the Parifii Officers of the Parifhes where they may reflectively refide, or to which they Ihall refpec~tively belong, fhall be liable to have 9 One Half of what they may be offered by the Day for their Labour in fuch Employments as they fhall, without fufficient Reafon, refufe to the ©tun of E be ['8 3 be employed in, deducted from their Weekly Allowance of Walking Pay : Provided always, That it fhall and may be 4 1 lawful for every Subfcriber who fhall think himfelf or her- felf aggrieved by the Offer of '° any or of any improper Employ- ment, to apply to any One or more neighbouring Juftice or Juftices of the Peace, who is and are hereby authorized and impowered to hear and determine all fuch Differences and Dis- putes as may arife between the feveral and refpeclive Parifli Offi- cers, and the Subfcribers to the laid Club or Society. Clause (A) Provided always, and be it Enabled, 'That no Relief to be given to any fuch Subfcriber as aforefaid fiall be deemed or taken to be Alms, for the Purpofe of difqualifymg Juch P erf on from voting at any Elec- tion of Members toferve in Parliament. And, forafmuch as it may tend to prevent much Fraud and Injuftice, if Ballard Children were to follow the Settlement of their refpective Mothers, and not be fettled in the Parifh where they may happen to be born j Be it further Enacted by the Au- thority aforefaid, That every Baftard Child which fhall be born from and after the Twenty -ninth Day of September One thoufand Seven hundred and Eighty-feven fhall be deemed and adjudged to be fettled in that Pariih where the Mother of fuch Baftard Child fhall have gained her laft legal Settlement. And, for making a more effectual Provifion for the proper Employment of the Poor, Be it Enacted, That from and after the Twenty -ninth Day of September 0?te thoufand Seven hundred and 42 Eighty-feven, when and as often as any Poor Perfon, whether Male or Female, fhall apply to the faid Churchwardens, Over- feers, or any of them, for Employment, they fhall be, and are hereby required to provide fuch Employment as may be fitting and proper for fuch Poor Perfon, upon the Terms and in the Manner hereinafter mentioned ; that is to fay, That in cafe any Poor Man or Woman, who is accuftomed to earn the Sum of One Shilling or more by the Day (over and above the ufual Al- lowance for Liquor) fhall apply to a Churchwarden or Over- feer at a feafonable Hour on the Evening, and declare that he or Jhe is in Want of Employment for the fucceeding Day, and that he or floe is willing and ready to work at any Employment, '" an that C » 3 according to the Direction of the faid Parilli Officer, for the Confideration of fuch Daily or Weekly Pay as his or her ordinary Labour and Indujlry were wont to earn, and as he orjhe is able at the -Time of fucb Application to earn by the Day, then and in fuch Cafe the faid Parifh Officer is hereby authorized and required to procure him or her fuch Employment, or for Want thereof to pay him or her a certain Daily or Weekly Subf fence, ei- ther in Provifons or in Money, not to exceed Six Pence per Diem, until fuch Employment can be procured " ; and al- fo, in cafe any Poor Man ufually earning lefs than One Shilling by the Day, or any poor Woman ufually earning lefs than Six Pence by the Day, fhall apply in Manner as above mentioned, and mail declare his or her Readinefs to work for the Confideration of Two Thirds of the Sum which they ufually earn, in fuch Cafe the faid Parifh Officer fhall be, and hereby is required to provide proper Employment for him or her, or pay him or her a Sum daily, which fhall be equal to One Half of their ufual Earnings, the feveral Sums fo to be paid on the 44 Occafions aforefaid to be taken out of the Monies which fhall be raifed in each Parifh refpectively for the Ufe of the Poor : Pro- vided always, That if any Perfon or Perfons fhall find himfelf, herfelf, or themfelves aggrieved, by any Matter or Thing done or omitted to be done in the Execution of this Acf, it fhall and may be lawful for the Party fo aggrieved to appeal to the next General Quarter Seffions of the Peace to be held for the County, City, or Place where fuch Grievance fhall have arifen, giving reasonable Notice to the Party or Parties to be appealed againft of his, her, or their Intention to appeal, fpecifying in the faid Notice the Caufe of fuch Appeal ; and the Juftices at the faid General Quarter Sefiions fhali have full Power to hear and de- termine the fame, and to award fuch Cofts to the Party or Par- ties appealing, or appealed againft, as the faid Juftices fhall think ' in like fanner alfo, in cafe anp l£>oor C&oman toho is 43 accuSomcu to cam the %um of or more op the Dap flmll applp for employment in scanner as acouc mentioned, ana Declare that Gje is teaop anD milling to be em* plopeo for the (£onuueration of op the Dap, in fucb Cafe the faiB IpatiOj ©Seer is fierefcp authornco ano re- quireu to procute her. fame proper OEmplopment, oc in Default thereof to pap her Dailp, until heujall haoe procures her fuch proper £mplopmcnt, fit; [ BO ] fit ; and the Determination of the faid Juftices fliall "be final and 45 conclufive to all Intents and Purpofes whatfoever, and the Order made therein fliall not be removeable by Writ of Certiorari. And be it further Enacted, That where any Diftrefs fliall be made for any Sum or Sums of Money to be levied by virtue of this Act, the Diftrefs itfelf fliall not be deemed unlawful, nor the Party or Parties making the fame be deemed a TrefpaiTer or TrefpaiTers, on Account of any Default or Want of Form in any Proceedings relating thereto; nor fliall the Party or Parties diftraining be deemed a Trefpaffer or Trefpaflers, ab initio, on Account of any Irregularity which fliall be afterwards done by the Party or Parties diftraining ; but the Perfon or Perlbns ag- grieved by fuch Irregularity may recover full Satisfaction for the fpecial Damage in an Action on the Cafe : Provided always, that no Plaintiff or Plaintiffs fliall recover in any Aclion for fuch Irregularity, if fufficient Tender of Amends fliall have been made to him, her, or them, by or on Behalf of the Defendant or Defendants, before fuch Action brought. 46 And be it further Enacted by the Authority aforefaid, That if any Action or Suit fhall be commenced or profecuted againft any Perfon or Perfons, for any Matter or Thing to be done in purfuance of this Act, every fuch Action or Suit fliall be com- menced within Six Calendar Months next after the Caufc of Ac- tion fhall have arifen, and not afterwards, and fliall be laid and tried in the County, City, or Place where the fame fhall arife, and not elfewhere, and the Defendant or Defendants in fuch Action or Suit may plead the General Iffue, and give this Act and the fpecial Matter in Evidence at any Trial to be had thereupon, and that the Matter or Thing for which fuch Action or Suit fhall be commenced was done in purfuance and by the Authority of this Act ; and if the fame fliall appear to have been fo done, or if any fuch Aclion or Suit fliall be brought or commenced after the Time before limited for bringing the lame, or fhall be laid in any other County or Place than as aforefaid, then and in every < 7 fuch Cafe the jury fliall find for the Defendant or Defendants, ;/ and upon fuch Verdict, or if the Plaintiff or Plaintiffs fliall be nonfuited, cr Puffer a Difcontinuance of his, her, or their Ac- tion or Suit, after the Defendants or Defendants fliall have ap- peared, or if upon Demurrer Judgment fhall be given againft the Plaintiff or Plaintiffs, the Defendant or Defendants lhall have Tnble Cofts, and fhall have fuch Remedy for the fame as any Defendant or Defendants hath or have for Cofts of Suit in any other Cafes by Law. SCHEDULE, [ 21 ] SCHEDULE, N°i. 4 8 Shall be entitled to receive Weekly ; In the Firft JntheSecond In the Third In the Fourth In the Fifth In the Sixth Initance,viz. Inftance,viz. Inftance.viz. Inftance,viz. Inftance.viz. Inftance.viz. <4H -.j * 1 C- 1 c/3 Bed-lying Pay. Walking Pay. ForChildren more than Two. For 65 Years of Age. For 70 Years of Age. • For 7; Years of Age. \ S. D. S. D. S. D. S. D. S. D. S. D. S. D, — ii 4 — -"» _ 1 — — io( 1 4^ 3 — 2 6 — 3 — 1 4f 1 — 1 7§ 3 6 — 3 7 6 3 6 1 7f 1 if 1 9 4 — — 4 8 6 3 9 1 9 1 3 1 10 4 41 — 5 9 — 4 — 1 10 1 4 1 11 4 9 — 6 9 4i 4 3 1 1 1 1 5 2 — 5 — — 7 9 9 4 6 2 — 1 6 2 1 5 3 — 8 10 — 4 71 2 1 1 7 2 2 5 6 — 9 10 3 4 9 2 2 1 8 2 3 5 9 — 10 10 6 4 i°s 2 3 1 9 2 4 6 — — 1 1 10 9 4 11 2 41 1 10 2 5 6 3 1 — 1 1 — 5 — 2 5 1 11 2 6 6 6 * Or at any Time before; in cafe the Subfcriber fliall not be able to earn, the Man or the Woman , -j- Or at any Time before, that a Subfcriber fhall be rendered in- capable of all Labour. F SCHEDULE, 22 w c H Q CO Number of Weeks paid. d u G. H. w fc a u co u U o u o <5 o ^fr- et B O C g 5 > u u M * ^o oc i Jb -• »— • 2 £>. O n *^" nJ 1—1 a 5' 3 c H EC o v ED ft JO ;rt •3 PI O* ID 3 *~» o > 3 O 2 f-» r* *J m O 3" Z T) o tt O o S 3 H o i j tr o n 7" w .2 t~" ( I ) BILL INTITULED An A61 to regulate The General Penitentiary for Convicts, at Millbank, in the County of Middlefex. Note. — The Figures in the Margin denote the Number of Preffes in the Ingrojfment. THEREAS under and by virtue of an Act patted in the Fifty, fecond Year of His prefent Majefty, for the Erection of a Peni- tentiary Houfe for the Confinement of Offenders convicted within the City of London and County of Middlefex, and which Act, by the Provifions thereof, was extended alfo to Offenders convicted in other Parts of England and Wales, a Penitentiary has been erected at Millbank, in the County of Middlefex, for the Confinement and Employment of Male and Female Convidts ; and the fame is now completed for the Reception of a Part of the Number intended to be confined therein : And whereas under and by virtue of the Powers contained in the faid Act, His Majefty in Council has been pleafed to appoint a Committee to fuperintend the faid Penitentiary : And whereas the Number of Convicts who may be con- fined in the faid Penitentiary may conveniently be increafed, without any Enlargement of the Building ; and it is therefore expedient that Provifion fliould be made for that Purpofe : And whereas it is alfo expedient that other and further Provifions fhould be made, for the due Regulation of the faid Penitentiary, and of the Convicts to be confined therein ; be it (75-) A therefore ( 2 ) therefore enacted by the King's molt Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, Repeal of '['hat all the Provifions in the faid Act contained, fo far as they relate to t'lTt'iiii Pro* vilions of Ad the Number of Convicts who may be confined in the faid Penitentiary, 5 2 G - 3- and to the Confinement, Employment, and Management of the Convicts in the faid Penitentiary, and the Eftablifhment and Duties of Officers belonging to the fame, mall be and the fame are hereby repealed. Supervifo" And be further enacted, That it fliall be lawful for the Supervifors Accommoda- un der the faid recited Act, and they are hereby empowered, to make Ac- tion for 400 commodation in the faid Penitentiary for the Confinement and Employ- Female Con- ment of Four Hundred Male and a like Number of Female Convict?, vids, who making in the whole Eight Hundred Convicts, any Thing in the faid Act fined in the to tne contrary notwithstanding ; and that any Number of Convicts, not faid Pemten- exceeding Four Hundred Male and Four Hundred Female Convicts, may, tiarv at the fame Time, with the Approbation of His Majefty's Principal Secretary of State for the Home Department for the Time being, be imprifoned at one and the fame Time in the faid Prifon or Penitentiary, and confined, employed, and managed therein, under the Provifions of this Act. , Committee to And be it further enacted, That the Committee which has been any other nominated and appointed by His Majefty in His Privy Council to fuper- appomted. intend the faid Penitentiary, fhall remain and continue the Committee for thatPurpofe until anew Nomination or Appointment fhall take place; and that it fhall be lawful for His Majefty in His Privy Council from Time to Time to remove all or any of the Perfons compofing the faid Committee, and to appoint others in their Stead, or in the Stead of any fuch as fhall die or refign : Provided always, that fuch Committee fhall not at any Time confift of lefs than Ten nor more than Twenty Perfons in Number at the fame Time. Committee to And be it further enacted, That it fhall and may be lawful for fuch Law! Rules Committee, or any Three of them, to hold Meetings, and to make Bye •&c Laws, Rules, Orders, and Regulations, for the afTembling of the faid Committee, and for all Matters relating to the Meetings of the fame, as well as for the Government of the faid Penitentiary, and for receiving, feparating, claffing, dieting, clothing, maintaining, employing, reform- ing, managing, treating, and watching the Convicts during their refpec- tive Confinement therein, as to the faid Committee fhall feem juft and proper ; provided however that fuch Bye Laws, Rules and Orders, fhall 4 not ( 3 ) not have force until they fhall have been fubmitted to the Juftices of the Court of King's Bench, and until fuch Juftices fhall have fubfcribed a Declaration, that they do not fee any Thing contrary to Law in the faid Bye Laws, Rules and Orders, fo to be made as aforefaid ; and all fuch Bye Laws, Rules and Orders, fhall be afterwards added to or altered, from Time to Time, as often as the faid Committee fhall think neceflary ; and fuch Additions and Alterations, fo far as the fame relate to the employ- ing, reforming, managing, treating, and watching the Convicts in the faid Penitentiary, fhall alfo in like Manner ba fubmitted to the Juftices of the Court of King's Bench, and confirmed in Manner aforefaid. And be it further enacted, That it fhall and may be lawful for fuch Appointment Committee, or any Three of them, at any of their faid Meetings, of Vifitors. to appoint any One or more of their faid Members to vifit the faid Peni- 5 tentiary, during the Intervals between the Meetings of the faid Committee, and to delegate, if they fhall think fit, Power to fuch Vifitors, or any of them, to make any Order or give any Directions in Cafes of preffing Emergency within the faid Penitentiary, which might be made or given by the faid Committee if they were fitting ; provided that every fuch Order or Direction, together with the Circumftances by which the fame was occafioned, fhall be reported to the faid Committee at their next Meeting. • And be it further enacted, That for the Regulation and Management Appointment of fuch Penitentiary, and previoufly to the Opening thereof for the Re- of ° fficei " s > ception of Convicts, there fhall be elected and appointed by the faid Committee, a Governor, a Chaplain, a Secretary and Examiner of Ac- counts, a Surgeon or Apothecary, a Mafter Manufacturer, a Steward, and alfo for that Portion of the Penitentiary fet apart for Female Convicts, a Matron, together with fuch Tafkmafters and other Officers and Servants, as the faid Committee, with the Approbation of the faid Principal Secre- tary of State for the Home Department, mail judge neceffary ; and every Perfon elected and appointed by the faid Committee to any of fuch Offices, fhall from Time to Time be removable by any Order of the faid Committee, and when any Vacancies fhall happen in any of the faid Offices other Perfons fhall be elected thereto by the fame Authority ; and *) fuch Salaries and other Allowances fhall be annexed to the faid Offices, as the faid Committee, with fuch Approbation as aforefaid, fhall direct. Provided neverthelefs, and be it further enacted, That it fhall be Committee lawful for the faid Committee from Time to Time, with fuch Approbation ^mbeTof* as aforefaid, to increafe, diminilh, difconunue, or vary the Number of Officers. Officers ( 4 ) Officers and Servants to be appointed by the faid Penitentiary in purfuance of the Directions aforefaid ; except by taking away or difcontinuing any of the Offices of Governor, Matron, Chaplain, and Surgeon or Apothecary, to the fame. Committee may require Security from any Officer, &c. and in cafe of any Officer, &c. refufing to quit Poffef- fion, a Juftice of Peace for the County of Middlefex may by War- rant direct Sheriff to re- move him. And be it further enacted, That it fhall be lawful for the faid Com- mittee, if they fhall deem it neceffary, to require any Officers or Perfons employed in the faid Penitentiary to give fuch Security to the Governor of the faid Penitentiary, for the due Performance of their refpective Duties, in fuch Sums, and with fuch Sureties, and in fuch Form or Forms as they fhall direct ; and if any Perfon appointed to any Office or Duty in the faid Penitentiary, who fhall be removed by the faid Committee from fuch his Office or Employment, fhall refufe or neglect to quit the faid Peniten- tiary, or to give up the Poffeflion of any Houfe, Building, Premifes, or Apartment therein or belonging thereto, within fuch Period as fhall be fixed by the Committee in any Order or Notice in Writing given for that Purpofe, n®t being lefs than Forty-eight Hours after the Delivery to fuch Perfon of any fuch Order or Notice, then and in fuch Cafe it fhall be lawful for any Juftice of the Peace acting for the County of Middlefex, on Application from any Three or more of the faid Committee by any Warrant under his Hand and Seal, to direct the Sheriff of the County to remove fuch Officer or Perfon out of the faid Penitentiary, and the faid Sheriff fhall thereupon clear the Poffeflion thereof, fo far as relates to any Part of the Penitentiary, or any Houfe, Building, Premifes, or Apartments therein or belonging thereto, occupied by or in Pof- feflion of fuch Officer, in like Manner as upon a Writ of Habere facias pojjefflonem. Governor to And be it further enacted, That the Governor of fuch Penitentiary Cor Sate fta11 be 3 B ° d y Col 'P orate > and {na11 fue and be fued h Y the Name ° f " The Governor of the General Penitentiary at Mil/bank, in the County *t Middlefex? Governor empowered to contract for Clothing, Diet, &c. ne- ceffary for the Convicts, with the Ap- probation of the Commit- tee. And be it further enacted, That the faid Governor fhall have Power to make Contracts with any Perfons whomfoever, for the Clothing, Diet, and all other Neceffaries for the Maintenance and Support of the Convicts q confined in fuch Penitentiary, and for Implements or Materials of any Kind of Manufacture, Trade, or Myftery, in which Convicts confined in fuch Penitentiary {hall be employed, fuch Contracts being previoufly approved by the Committee ; and alfo to carry on fuch Manufacture and Myftery in fuch Penitentiary, and to fell fuch Goods, Wares, and Merchandize as fhall be there wrought and manufactured. And ( s ) And be it further enabled, That all Books and Accounts (hall be kept Committee to by the Governor or other Officers in fuch Manner as the faid Committee Books (haU may direct from Time to Time ; and the feveral Entries therein {hall be be ke P l > Scc - examined by the faid Committee, or by fuch of their Members as may be appointed a Sub-Committee for that Purpofe, and fhall be by them com- pared with the feveral Receipts and other Vouchers relating thereto, and (hall be verified by fuch Governor and Officers upon Oath, if required) before fuch Committee, and fhall, if approved of by fuch Committee, be allowed and figned by any Three of them ; and if fuch Committee fhall difapprove of any Articles in fuch Accounts, they fhall difallow the fame. And be it further enacted, That if the faid Committee fhall fufpect Committee 2 any fraudulent or improper Charges in any Accounts of the faid Governor, oAcer am "d or other Officer, or Servant, or any Omiffion therein, they may examine Servants, &c. upon Oath the faid Governor, or any other Officer or Servant belonging to "nd m? at dif fuch Penitentiary, or any of the Perfons employed about the fame, or any mifsandpro- Perfons of whom any NecefTaries, Stock, Materials, or other Things, have Fra'do'T been purchafed for the Ufe of fuch Penitentiary, or any Perfons to whom Collufion. any Stock or Materials wrought, or manufactured therein, have been fold, or any of the Convicts confined in fuch Penitentiary, or any other Perfons, touching any of the Articles contained in fuch Accounts, or any Omiffion therein, or any Thing relative thereto ; and in cafe there fhall 10 appear in any fuch Accounts, any falfe Entry knowingly or wilfully made, or any fraudulent Omiffion therein, or any other Fraud whatfoever, or any Collufion between any Officer or Officers, Servant or Servants, be- longing to fuch Penitentiary, or between any fuch Officer or Officers, Servant or Servants, and any other Perfon or Perfons, in any Matter relative thereto, then befides the private Satisfaction in Damages which the Parties or Party injured may be entitled to recover by Law, the faid Committee may difmifs any fuch Officer or Officers, Servant or Servants, who fhall to them appear to have been guilty of any fuch falfe Entry, Omiffion, Fraud, or Collufion, and appoint another or others in his, her, cr their ftead-; and if the faid Committee fhall fee .fit, they fhall caufe an Indictment or Indictments to be preferred againft the Officer or Officers, 11 Servant or Servants, or other Perfon or Perfons, fo offending, at the next Quarter or other General Seffion of the Peace to be holden for the County wherein the faid Penitentiary is fituated, or for any other adjoining County ; and in cafe fuch Perfon or Perfons fo indicted fhall be found guilty of fuch Offence or Offences, he, fhe, or they fhali bepunifhtd by Fine and Imprifonment, or either of them, at the Difcretion of the Court. (JS-) B ■ And ( 6 ) Committee to Arid be it further enacted, That when the faid Penitentiary, or a Principal fufficient Part thereof fhall be fitted and completed for the Reception of Secretary of Convicts, and proper Officers fhall be appointed for the Care and Manage- Home De- nient thereof, the faid Committee fhall certify, under their Hands and partment Seals, to His Majefty, through the faid Principal Secretary of State for nitentiary the Home Department, that fuch Penitentiary is fo fitted and completed, (hall be in for anc j lna t; r uc j 1 officers have been appointed ; and after the making of fuch the Recep- rr . tionof Certificate, it fhall and may be lawful for His Majefty, by an Order in 12 Convicts. Writing, to be notified by the faid Secretary of State, to direct, that any Perfon who may be under Sentence or Order of Tranfportation, for any Offence committed within that Part of the United Kingdom called England and Wales, and who, having been examined by an experienced Surgeon or Apothecary, fhall appear to be free from any putrid or infectious Dif- temper, and fit to be removed from the Gaol or Prifon in which fuch Perfon may be confined, fhall be removed to the faid Penitentiary there to remain and continue for and during the Term of Five Years, in cafe fuch Convict fhall be under Sentence or Order of Tranfportation for Seven Years only, for and during the Term of Seven Years, in cafe fuch Convict, fhall be under fuch Sentence or Order for Fourteen Years ; and for and during the Term of Ten Years, in cafe fuch Convict fhall be under fuch Sentence or Order for Life, or fhall have been capitally con- victed and pardoned as aforefaid. Regulations Provided always, and be it further enacted, That in cafe any Convict 13 ™. to 'J'p fhall be removed to the faid Penitentiary, who, having been under Sentence finement of or Order of Tranfportation for the Term of Seven Years, fhall previoufly Convifts fen- to j^g or ^ eY being removed to the faid Penitentiary, have been kept con- tenced to ° _ , Tranfporta- fined in fome other Gaol or Prifon, during a Part of fuch Term, fuch tion, and re- c onv ;£j; fh a u be confined in the faid Penitentiary under this Act, for Five moved to the . ' - Penitentiary, Seventh Parts of the Refidue of his or her Term of Seven Years Tranf- portation, remaining unexpired, when he or fhe fhall be received into the faid Penitentiary ; and in cafe any Convict fhall be removed to the faid Penitentiary, who, having been under Sentence or Order of Tranf- portation for the Term of Fourteen Years, fhall, previoufly to his or her being fo removed, have been kept confined in fome other Gaol or Prifon during a Part of fuch Term, fuch Convict fhall be confined in the faid Penitentiary under this Act for One Half of the Refidue of his or her 14 Term of Fourteen Years Tranfportation remaining unexpired, when he or fhe fhall be received into the faid Penitentiary ; and in the Cafe of any Convict who, having been under Sentence or Order of Tranfportation for Life, or having been capitally convidted, fhall be removed to the faid Penitentiary for the Term of Ten Years as aforefaid, fuch Term of Ten Years ( 7 ) Years fhall be computed from the Time of his or her being received into the faid Penitentiary. And be it further enafted, That the Sheriff or Gaoler having the sheriffs or Cuftody of any Convict, whofe Removal fhall be ordered in Manner afore- Gaolers to faid, fhall, with all convenient Speed after the Receipt of the Notification via'stothe of any fuch Order, convey or caufe to be conveyed every fuch Convict to P™js«rti«y the faid Penitentiary, and there deliver him to the Governor thereof, Delay, together with a true Copy, attefted by fuch Sheriff or Gaoler, of the i$ Caption and Order of the Court before which fuch Convict was tried, con- taining the Sentence of Tranfportation of fuch Convict, by virtue whereof he fhall be in the Cuftody of fuch Sheriff or Gaoler, and alfo a Certificate containing his or her Age, and an Account of his or her Behaviour in Prifon, before and after Trial, and the Gaoler's Obfervations on his or her Temper and Difpofition, and fuch Information concerning his or her Con- nections and former Courfe of Life, as may have come to the Knowledge of fuch Gaoler ; and the Governor of the faid Penitentiary fhall give a proper Receipt in Writing to the Sheriff or Gaoler, for the Difcharge of fuch Sheriff or Gaoler. And be it further enacted, That all reafonable Expences which Expences of the Sheriff or Gaoler lhall incur in every fuch Removal, fhall be paid by [^e^aTdif the County, Riding, Divifion, City, Borough, Liberty, or Place, for the County, which the Court in which the Party was convicted fhall have been held ; c * iS and the Sheriff or Gaoler fhall receive the Money due for fuch Expences from the Treafurer of fuch County, Riding, Divifion, City, Borough, Liberty, or Place, fuch Expences being firft allowed by the Order of the Juflices of the Peace at their Quarter or other General Seflions of the Peace, who are hereby required to make fuch Order as fhall be juft in that Behalf. And be it further enacted, That after Delivery of any fuch Convict Governor to as aforefaid into the Cuftody to which he or flue fhall be fo ordered as '^ ivetne i am e ' , rower over aforefaid, fuch Governor, or other Perfon having the Cuftody of Convicts Conviftsinhis under his Direction, fhall, during- the Term for which fuch Convict fhall ?, uft °i y asa ' ° ijherin or be ordered to remain in his Cuftody, have the fame Powers over fuch Gaoler. Convict as are incident to the Office of a Sheriff or Gaoler ; and in cafe of any Abufe of fuch Cuftody, or other Mifbehaviour or Negligence in the Difcharge of his Office, fhall be liable to the fame Punifhment as a Gaoler is now liable to by Law. And ( 8 ) 3nfane Con- vifts may be removed from and returned to Peniten- tiary after Recovery, as in cafes of other Prifon- ers in Gaols. And be it further enacted, That if any Convict confined in the faid Penitentiary fliall become infane during fuch Confinement, and be fo reported by the Committee to His Majefty's Principal Secretary of State for the Home Department, it fhall be lawful for fuch Secretary of State to order and caufe fuch infane Convict to be immediately removed to fome proper Place of Confinement ; and upon Recovery to be returned to fuch Penitentiary, in the fame Manner as in the Cafe of any Prifoner be- coming infane, after and while under Sentence, in any other Gaol or Prifon. *7 ConviftSj vhenbrought, o be fepa- . ately lodged and wafhed, and examined by the Sur- geon. When dif- charged to be furnifhed with decent Clothing. .Allowances. And be it further enacted, That when any Convid who fhall be ordered to be confined in the faid Penitentiary fhall be brought thither in purfuance of the Powers contained in this Aft, he or fhe fliall be feparately lodged and wafhed, cleanfed and purified, and fliall then be examined by the Surgeon or Apothecary, and fhall continue in fuch feparate Lodging until it be certified, by fuch Surgeon or Apothecary, that he or fhe is fit to be received among the other Convicts, or until he or (lie fliall be removed to the Infirmary ; and the Clothes in which he i§ or fhe fhall then be clothed fliall be burnt, if necefiary, or otherwife fliall be fold and difpofed of, at the Difcretion of the Governor, and the Produce thereof fhall be accounted for to the Committee aforefaid, and fliall be by them directed to be carried by the faid Governor to the Ac- count of the faid Convict in the Books of the faid Penitentiary ; and fuch Convict fliall not be difmiffed at the End or other Determination of his or her Term, if he or (lie fliall then labour under any acute or dangerous Diftemper, unlefs at his or her Requefl ; and when fuch Convict fliall be finally difcharged, fuch other decent Clothing, as fhall be judged necef- fary and proper by the Committee aforefaid, fhall be delivered to fuch Convict ; and alfo fuch Sum of Money for his or her immediate Subfif. tence, as the faid Committee fhall think proper, fo as fuch Sum fhall not exceed Three Pounds ; and if fuch Convict, at the End or other Deter- mination of his or her Term, fliall procure any fubftantial Houfekeeper or other refpectable Perfon, to take him or her into Service, or provide him or her with proper Employment for One Year then next enfuing, the fame to be approved by the Committee aforefaid, he or fhe, having i^ ferved accordingly, fliall be entitled at the End of the Year to fuch other Sum of Money, not exceeding the like Sum of Three Pounds, as the faid Committee fhall think fit. Keeping And be it further enacted, That every fuch Governor of the faid Convicts to p en ;tentiary fliall, during the Term for which fuch Convict fliall remain in fuch Cuftody, keep him or her to Labour of fuch Kind as the Com- mittee ( 9 ) mittee before mentioned {hall direft and appoint ; and if the Work to be performed by any fiieh Convi&s mail be of fuch a Nature as may require previous Initruction, proper Pe*fons fhall be provided to give the fame, by Order of the faid Committee, to whom a fuitable Allowance fhall be made. And be it further enacted, That fuch Convicts as fhall be fent to the Convids, faid Penitentiary fhall, during the Hours of Labour, be feparated from ^X^.^ each ether, or fnall work together in Companies compofed of more or fewer Perfons in Number, in fuch Manner as the Bye Laws, eftablifhed as aforefaid by the Committee, fhall prefcribe; and that all Convi&s, not confined in the Infirmary, fhall during their Hours cf Reft be kept 20 entirely feparate and apart from each other, and be lodged in feparate Rooms or Cells ; except in Cafes in which it may be deemed expedient to place Two or more Prifoners together on account of the Health or State of Mind of One of fuch Prifoners. And be it further enacted, That fuch Convicts fhall be employed in Hours of Work at the faid Penitentiary, every Day in the Year, except Sundays, Chri/tmas Day, Good Friday, Afccnfton Day, and any Day appointed for a General Faft or Thankfgiving, and alio except fuch Days when ill Health will not allow of their working ; and the Hours of work in each Day fhall not exceed Eight Hours in the Months of November , December, and January, Nine Hours in the Months of February and Oclober, and Ten Hours and a Half in the Reft of the Year (exclufive of the Hours provided for Meals) : Provided always, that it fhall and may be lawful for the faid Committee, by a written Order, to permit any Convict to labour voluntarily for a longer Time than is herein mentioned, upon fuch Conditions as fhall in the faid Order be exprefled. And be it further enacted, That it fhall be lawful for the faid Com- Granting P - A 2 1 mittee to allow to any of the Convicts confined in the faid Penitentiary, as a Reward and Encouragement, any Part or Portion of the Profits arifing from their Labour, not exceeding fuch Proportion thereof as fhall be approved of and allowed by the faid Principal Secretary of State for the Home Department ; fubject to fuch Conditions and Regulations as the faid Committee fhall direct and appoint. Provided always, and be it further enacted, That the feveral Convicts Dividing^ to be fent to the faid Penitentiary fhall be divided into Two Claues, which ciafTes. S fhall be called the Ffrft and Second ClafTes^ for which Purpofe, the Time for which fuch Convicts fhall be feverally ordered to be confined, fhall be (75-) C divided ( io ) divided into Two equal Parts, and during the firft Part of the lime of the Imprifonment, he or fhe fhall be ranked in the Firft Clafs, and during 21 the Second Part of fuch Time, he or fhe (hall be ranked in the Second Clafs ; and the Confinement of fuch Convicts as fhall from Time to Time be ranked in the Firft Clafs fhall be more ftrict, and the Confinement of the Convicts in the Second Clafs fhall be more moderate ; which feveral Degrees or Confinement for each Clafs fhall be fettled by the faid Com- mittee, by Orders of Regulation to be approved of in Manner aforefaid : Provided always, that if the faid Committee fhall at any Time obferve, or be fatisfactorily informed of any extraordinary Diligence or Merit in any of the faid Convicts who are ranked in the faid Firfl Clafs, it fhall be lawful for the faid Committee to order fuch Convict to be transferred to the Second Clafs, for the Remainder of the Term for which he or fhe was ordered to be confined in the faid Penitentiary, akhough fuch Convict may not have completed the Period of his or her Imprifonment in the faid Firfl Clafs. •■Committee to And be it further enacted, That if the faid Committee fhall at any vt&s who"" Time obferve or be fatisfactorily informed of any extraordinary Diligence Ihall manifeft or Merit in any of the Convicts under their Inflection, who fhall be ranked 23 Diligence 1 ^ ™ t ^ ie ^ a "^ Second Clafs of Convicts, the Committee fhall report the fame in Writing to the Principal Secretary of State for the Home Department, in order that he may recommend fuch Convict to His Majefty as an Object cf the Royal Mercy, on fuch Conditions as to Him fhall feem meet. How the And be it further enacted, That every Convict who fhall be be fecfand ordered to fuch Penitentiary, fhall, during the Time of his or her Confine- clcthed. ment therein, be fed and fuftained with a fufficient Quantity of coarfe but wholefome Food, and alfo be clothed with a coarfe and uniform Apparel, with any diflinguifhing Marks which may be deemed ufeful to facilitate Difcovery in cafe of Efcape, the Whole to be ordered in fuch Manner as the Committee aforefaid fhall from Time to Time appoint ; and no fuch Convict fhall during the Time of his or her Confinement be permitted to have any other Food, Drink, or Clothing, than fuch as fhall be fo appointed. And be it further enacted, That no Perfon except the Officers, or f Servants of the Penitentiary, or fuch Perfon or Perfons as fhall be autho- rized according to the Regulations eflablifhed by the faid Committee, fhall be permitted at any Time to enter any of the Apartments or Court Yards 24 allotted to the Convicts, or to hold Converfation or Communication with any of them. Provided ( « ) Provided alfo, and be it enabled, That it (hall and may be lawful to And Go- and for the Governor of the faid Penitentiary to employ, with the Confent of ^ rn ^ r may the faid Committee, any of the Convicts aforefaid, who (hall be ranked in Convifts as the Second Clafs, as Overfeers, or Affiftants, in the Management of the Servants. Works, and the Care of their Fellow Convicts, inftead of their being con- fined to fuch their Daily Labour as aforefaid. And be it further enacted, That no Officer or Servant of fuch Punifhing Penitentiary mall fupply any of the Convicts therein with any Money, SereMtsfap- ■Clothing, Provifions, or Diet, or with any Spirituous or other Lihqors plying any whatfoever, except fuch Money, Clothing, Provifions, or Diet, or fuch M oney) p ro _ Water and Milk, as the Governor of the Penitentiary {hall from Time to "lions, or Time permit or direct, and except fuch Diet and Liquors as the Surgeon traryTo' this" or Apothecary attending fuch Penitentiary fhall think proper to order for Aft. any fuch Convicl,in cafe of Iilnefs ; and in cafe any fuch Officer or Servant 35 fhall be found guilty of carrying to any fuch Convict, or of knowingly per- mitting to be carried to any fuch Convict, any Money, Clothing, Provi- fions, or Diet, or Liquors whatfoever, contrary to the Intent of this Act, fuch Officer or Servant fhall immediately be fufpended by the faid Governor, who fhall report the fame to the Committee at their next Meeting ; and •fuch Committee fhall inquire thereof upon Oath, and fhall punifh fuch Officer or Servant by Forfeiture of Office, and by any Fine not exceeding Ten Pounds, or by either of fuch Punifhments, as the faid Committee fhall in their Difcretion think proper ; and if any other Perfon or Perfons fhall wilfully fupply any fuch Convict, at any Time during the Term of his or her Confinement with any Food, Drink, or Clothing, other than fuch as fhall have been appointed by the Committee as aforefaid, cr with any Money, he or fhe fo fupplying fuch Convict fhall, for every fuch Offence, forfeit a Sum net exceeding Five Pounds, nor lefs than Forty Shillings, at the Difcretion of the faid Committee. And be it further enacted, That the Chaplain fhall read Prayers chaplain to •26 and preach a Sermon both Morning and Evening, in the Chapel of fuch read Morning r. • • • n » • ■ i_ tt 1 1 r /-■ 7 . /■> and Evening Penitentiary, on every biinday m the Year, and alio on every Chnjtmas p raV ers, and Day, Good Friday, and Afcenfion Day, and on every Day appointed for a preach Two General Fait or Thankfgiving; and all the Convicts confined in fuchPeni- Sundays, && tentiary, who fhall not be difabled by Iilnefs, or whofe Attendance fhall not be difpenfed with by the Committee, fhall attend the faid Prayers and Sermons, which fhall alfo be attended by the Refident Officers and by the Servants of fuch Penitentiary, or fuch of them as can befpared from their feveral Employments, and fhall not be prevented by Iilnefs ; and the faid Chaplain fhall vifit fuch Convicts, under fuch Regulations as may here- • < after ( » -) after be prefcribed by the faid Committee, for their moral and religious Education. Chaplain may And be it further enabled, That it fhall be lawful for the Chaplain 27 burvln the °f tnc faid Penitentiary, or fuch other Ptrfon as fhall aft for or aflift him, Penitentiary, and no other, to baptize all Children born, and bury all Peifons who fhall Remitters and ^ le therein, or in any Buildings or Premifes belonging to or making Part tranfmit of the faid Penitentiary, and to perform Divine Service and adminifter ly uj\he°hi-~ l ^ e Sacrament according to the Liturgy of the Church of England, within cumbent of the laid Penitentiary ; and fuch Chaplain fhall keep an accurate Regifter who is to' °f a ^ f ucn Chriftenings and of all fuch Burials, and fhall Once in each enter the Month tranfmit a Copy thereof to the Incumbent of the Church of Saint lifter, and J°^ n *&* Evangeliji in ll'eftminjler, or his Curate, in the Abfence of fuch may have Al- Incumbent, who fhall, as foon after the Receipt thereof as can conveniently fodoinB. 01 be, enter the fame in the Regifter of the faid Parifh ; and it fhall be lawful for the faid Committee to order and direct that an Allowance fhall be made to fuch Incumbent for making each fuch Entry, according to the Cuftom in like Cafes in the faid Parifh. Convifts to -And be it further enacted, That the Convicts ordered to be confined 2 & walk and air jn fuch Penitentiary fhall be permitted to walk and air themfelves in the airing Yards or Grounds belonging thereto, for fuch Mated Time as their Health may require, and the Regulations of fuch Penitentiary fhall permit. Convifts, A™* be It further enacted, That hi cafe any fuch Convict fhall when tick, to appear to be fick, he or fhe fhall be vifited by the Surgeon or Apothecary thVsurUon ; attending fuch Penitentiary, and if the Sicknefs be found to be real, the and if necef- faid Surgeon or Apothecary fhall report the fame to the Governor, who toThe Infir- fhall, if the Sicknefs be of fuch a Nature as to require it, order fuch mary. Convict to be fent to the Infirmary belonging to fuch Penitentiary, and his or her Name to be entered in a Book, to be kept for that Purpofe j and when fuch Convict fhall have fo far recovered his or her Health as that the faid Surgeon or Apothecary fhall judge him or her to be in a proper Condition to quit the Infirmary, and to return to his or her Em- ployment, and the faid Surgeon or Apothecary fhall fo report, the faid 29 Governor fhall order fuch Convict to be brought back to his or her Cell, and to be again employed in labour, fo far as fhall be confiftent with the Health of fuch Convict. Committee to ^ n j fe j t f urt her enacted, That the faid Committee, at every examine into . • the State of Meeting at which Three of them at the leaft fhall be prefent, fhall inquire .into ( «3 ) into the State of fuch Penitentiary, and occafionally fee every Convict thePeniten- confined therein; and (hall infpect the Accounts of the Governor and infpeftthe other Officers, and alfo examine into their Conduct, into the Manage- Account*. 1 # ment of fuch Penitentiary, and into the Behaviour of the Convicts confined therein. And be it further enabled, That the Governor of fuch Penitentiary Governor em- fhall have Power to hear all Complaints touching any of the following h ear Com- Offences committed by any of the Convicts confined therein ; (that is to P la i nts " fay), Difobedience of any of the Orders eftablifhed for the faid Peniten- tiary ; Affauhs by one Perfon confined in fuch Penitentiary upon another, when no dangerous Wound or Bruile is given ; profane Curfing and 30 Swearing, or indecent Behaviour ; Abfence from Chapel, or irreverent Behaviour there ; and Idlenefs or Negligence in Work, or wilful Mif- management of it, or wanton Damage or Injury to the Prifon or Fur- niture thereof; all which are declared to be Offences by this Aft ; and the faid Governor may examine any Perfons touching fuch Offences, and may determine thereupon, and may punifh fuch Offences by ordering the Offender or Offenders to clofe Confinement in a dark Cell, or by keeping him or her upon Bread and Water only, or by both fuch Punifhments, for any Term not exceeding Three Days. And be it further enacted, That if any Convict who fhall be confined Enormous in any fuch Penitentiary fhall, during the Term for which he fhall be fo £e confined* confined, be guilty of any Offence which the Governor of fuch Penitentiary by the Go- is not hereby authorized to punifh, or for which the Punifhment which ,-eportedto fuch Governor is hereby authorized to inflict, fhall by fuch Governor be theCom- deemed not fufficient, by reafon of the Enormity of the Offence, or the Repetition thereof, fuch Governor may confine fuch Offender either in his or her own Cell, or in a dark Cell belonging to fuch Penitentiary, till the next Meeting of the faid Committee, and fhall in fuch Cafe report -j 1 fuch Offence, with the Time and particular Circumftances thereof, and the Name of the Offender, to the faid Committee ; and fuch Committee fhall have Power to inquire of, upon Oath, and determine, concerning all fuch Offences fo reported to them as aforefaid, and may order any fuch Offender to be punifhed by clofe Confinement in a dark Cell, with Bread and Water only for Suftenance, for any Term not exceeding One Month, or by remov- ing fuch Offenders, if ranked in the Second Clafs, into the Firft Clafs, or by both fuch Punifhments ; and in cafe of Removal into the Firft Clafs, the Offender fhall, from the Time of making fuch Order of Removal, remain in fuch Firft Clafs, unlefs he or fhe be reftored to the Second Clafs (75-) D by ( 14 ) by Order of the Committee, or until the Term of his or her Confinement (hall be completed. Committee And be it further enacted, That whenever by this Act the faid Com- „ift^r Oaths. m i ttee » or any Three of them, are empowered or directed to make any Inquiry or receive any Proof upon Oath, any One of the faid Committee is hereby authorized to tender and adminifter fuch Oath ; and any Three of the faid Committee may fummon or caufe to be fummoned fuch Witneffcs, as they {hall think meet, to appear and give Evidence before them ; and if any Perfon, being duly fummoned, fhall refufe or neglect to appear, or being prefent and competent to be a Witnefs (hall refufe to be fwom, or being fworn fhall refufe to give Evidence, fuch Perfon fhall forfeit any Sum not lefs than Twenty Shillings, nor more than Ten Pounds, at the Difcretion of the faid Committee. Governor to And be it further enabled, That the Governor of the faid Peniten- B^oksTand t ' ai T ma ^ keep a re g u ' ar Book or Books, in which fhall be entered the Returns to be Names of all and every the Perfon or Perfons who fhall be in his Cuftody. from. tne Offences of which they fhall have been guilty, the Court before which each Perfon was convicted, the Sentence of the Court, the Age, Bodily Eftate, and Behaviour of every fuch Convict while in Cuftody ; and alfo the Names of all and every the Perfon or Perfons who fhall have died under fuch Cuftody, or fhall have efcaped from fuch Place of Confine- ment, or fhall have been difcharged from thence by Order from One of His Majefty's Principal Secretaries of State, or otherwife ; from which Books Returns fhall be made of the Particulars mentioned above, on the Firft Day of every Term, to His Majefty's Court of King's Bench, and fhall be verified on the Oath of the Perfon making the fame. Reportstobe And be it further enacted, That the faid Committee fhall at the laid before Beginning of every Seffion make a faithful Report to the King in Council, Council, and and to both Houfes of Parliament, fpecifying the State of the Buildings, both Houfes (he B eriav i our an d Conduct of the refpective Officers, the Treatment and of Parliament. r , . Condition of the Convicts, the Amount of their Earnings, and the Ex- pences of fuch Penitentiary, and alfo in Matters of extreme or prefling Neceffity, fhall and may make a Special Report thereof to the Juftices of His Majefty's Court of King's Bench. Bye Laws, And be it further enacted, That the faid Committee fhall report to Rules, &c. to xiis Maiefty in Council, and to both Houfes of Parliament, all Bye Laws, bereportedto ,. . the King in Rules, or Regulations, made under the Authority of this Act, and all Council, and Aterations therein or Additions thereto, within Thirty-one Days after the to both ' J J Commencement 1 1 JO ( *5 ) Commencement of the next Seflion of Parliament after fuch Bye Law?, Houfes of Rules, and Regulations, or Alterations or Additions,, mail have been Parliament, confirmed by the Juftices of the Court of King's Bench, as herein-before is directed. And be it further enacted, That the faid Penitentiary, and all the Penitentiary Buildings and inclofed Area and Appurtenances belonging thereto and j-° be ^ xe , mpl making Part thereof, (hall be and they are hereby declared to be wholly and Parochial freed and exempt from all Public and Parochial Taxes, Rates, Afieflments, laxes - 34 and Charges whatfoever, any Thing in any Ad or Acts of Parliament now in force, or which may hereafter be pafled in relation to any Public or Parochial Taxes, Rates, or Affefiments, to the contrary notwithftanding : Provided always, that no Perfon belonging to or employed in the faid Penitentiary, and no Child born therein, {hall thereby gain a Settlement in the Parifli in which the faid Penitentiary is fituate. And be it further enacted, That an Account of the Expences 0f Expencesof carrying this Act into Execution mail be annually laid before the Houfe executing the of Commons, and after deducting therefrom fuch Profit as may have laidbeforethe arifen from the Earnings of the Convicts, over and above the Expences Houfe of occafioned by their Labour, and any Allowances which fliall have been made to fuch Convicts, or to the Officers fuperintending fuch Labour, by Order of the Committee, the Remainder fliall be provided for in the next Supplies to be granted to His Majefty by Parliament. And be it further enacted, That if any Convict who fliall be ordered PunifiWnt to be confined in the faid Penitentiary fliall at any Time during the ? C °J 1VI " S Term of fuch Confinement break Priibn, or efcape from the Place of his Prifon or o r or her Confinement, or in his or her Conveyance to fuch Place of Con- e ca P in £- finement, or from the Perfon or Perfons having the lawful Cuftody of fuch Convict, he or flie fo breaking Prifon or efcaping fliall be punifhed by an Addition of Three Years to the Term for which he or flie at the Time cf his or her Breach of Prifon or Efcape was fubject to be con- fined ; and if fuch Convict fo punifhed by fuch Addition to the Term of Confinement fliall afterwards be convicted of a Second Efcape or Breach of Prifon, he or flie fliall be adjudged guilty of Felony, without Benefit of Clergy. And be it further enacted, That if any Perfon fliall refcue any Con- Puniflring vict who fliall be ordered to be confined within the faid Penitentiary, either c „; r °'o r re during the Time of his or her Conveyance to the faid Penitentiary, or attempting whilft fuch Convict fliall be in the Cuftody of the Perfon or Perfons under rj on vufb whofe ( »6 ) whofe Care and Charge he or {hall be fo confined ; or if any Pcrfon mall be aiding or aflifting in any fuch Refcue, every fuch Perfon fo refcuing, 36 aiding, or aflifting, fhall be guilty of Felony, and may be ordered to be confined to the laid Penitentiary for any Term not lefs than One Year, nor exceeding Five Years; and if any Perfon having the Cuftocly of any fuch Convict as aforefaid, or being employed by the Perfon having fuch Cuftody as a Keeper, Underkeeper, Turnkey, Affiftant, or Guard, fhall voluntarily permit fuch Convict, to efcape ; or if any Perfon whatfoever fhall, by fupplying Arms, Tools, or Inftruments of Difguife, or other- wife be in any Manner aiding and affifting to any fuch Convict in any Efcape, or in any Attempt to make an Efcape, though no Efcape be actually made, or fhall attempt to refcue any fuch Convict, or be aiding and aflifting in any fuch Attempt, though no Refcue be actually made, every fuch Perfon fo permitting, attempting, aiding, or aflifting, fhall be guilty of Felony j and if any Perfon having fuch Cuftody, or being fo employed by the Perfon having fuch Cuftody as aforefaid, fhall negligently permit any fuch Convict to efcape, fuch Perfon fo permitting fhall be guilty of a Mifdemeanor, and being lawfully convicted of the fame, fhall 37 be liable to Fine or Imprifonment, or to both, at the Discretion of the Court. Mode of Trial and Conviction. The Com- mittee or Vifitors may direft any Perfon not being Oflj- And to the Intent that the Profecutions for Efcapes, Breaches of Prifon, and Refcues, may be carried on with as little Trouble and Ex- pence as poflible, be it further enacted, That any Convict efcaping, breaking Prifon, or being refcued in Manner aforefaid, may and fhall be tried before the Juftices of Oyer and Terminer or Gaol Delivery, or at the Great Seflions, either for the County where he or the fhall be appre- hended and retaken, or for the County in which the faid Offence fhall have been committed ; and in cafe of any Profecution for any fuch Efcape, Attempt to Efcape, Breach of Prifon, or Refcue, either againft the Con- vict efcaping or attempting to efcape, or having broke Prifon, or being refcued, or againft any other Perfon or Perfons concerned therein, or aiding, abetting, or aflifting the fame, a Copy properly attefted, of the Order of Commitment to fuch Penitentiary fhall, after Proof made that the Perfon then in queftion before the Court is the fame that was delivered with fuch Order, be fufEcient Evidence to the Court and Jury that the 38 Perfon then in queftion was fo ordered to fuch Confinement. And be it further enacted, That in cafe it fhall appear to the faid Committee, or to any Member thereof, who fhall be appointed a Vifitor as aforefaid, that the Continuance within the faid Penitentiary, of any Perfon, not being an Officer or Servant of the faid Penitentiary or a Convict ( * 7 ) Convict confined therein, is inexpedient or objectionable, it fhall and mav cers ' Ser vants, or be lawful for fuch Committee or Vifitor, by an Order in Writing to direct Convias, to fuch Perfon to quit fuch Penitentiary; and in cafe fuch Perfon fhall refufe 3! nt . the . . . . ■■ «_"■'«'• r Pemtentiarv. or neglect fo to do within Six Hours after the Rec . pt of fuch Order, it fhall and may be lawful for any One of His Majefty's Juftices of the Peace, acting in and for the County of Middlcfex, on Application from fuch Committee or fuch Vifitor, by Warrant under his Hand and Seal, to authorize and empower any Perfon to whom fuch Warrant fhall be directed, forthwith to remove fuch Perfon from and cut of the faid Penitentiary. ■jq And be it further enacted, That the faid Penitentiary fhall be regu- Other Afts lated by the Provifions in this Act contained ; and no other Act or Acts Gaols,\-c. of Parliament relating to Gaols, Prifons, or Houfes of Correction, or any not to apply *-.l r -ri" •/• r» i • ti t • -n c ' .,.tO the Peni- Claufes, Provifions, Regulations, Penalties, or Forfeitures, contained in tentiary. any fuch Act or Acts, fhall extend or be conftrued to extend to the faid Penitentiary, except fo far as any fuch Acts, Claufes, Provifions, or Re- gulations are by this Act referred to and made applicable to the Puipofes of this Act, or to the faid Penitentiary, or to any Perfons belonging to or confined as Convicts therein. And be it further enacted, That any pecuniary Penalties created by Recovery of Pt* n3ltl£*S this Act, for the Recovery of which no Mode is herein-before prefcribed, fhall be recoverable before Two or more Juftices of the Peace in the County in which the Offence fhall be committed, on Proof of the Offence by the Oath or Oaths of One or more credible Witnefs or WitnefTes, or on Con- feffion of the Offender ; and One Moiety thereof fhall be paid to the Ufe of the Penitentiary, and the other Moiety to the Informer or Informers profecuting for the fame, and in cafe of Non-payment, the fame fhall be 40 levied by Diftrefs and Sale of the Offender's Goods and Chattels, by War- rant under the Hands and Seals of fuch Juftices ; and the Overplus of the Money raifed, after deducting the Penalty and Expences of the Diftrefs and Sale, fhall be rendered to the Owner; and for want offufHcient Diftrefs, the Offender fhall be fent by fuch Juftices to the Prifon of fuch County, for fuch Term not exceeding Six Months, nor lefs than One Month, as fuch Juftices fhall think moft proper. And be it further enacted, That the Provifions of an Act of Par- General Iflue liament paffed in the Twenty-fourth Year of the Reign of His prefent tobe P leaded - Majefty, and of all other Acts of Parliament for the rendering Juftices of Peace more fafe in the Execution of their Offices, fhall extend and be con. ftrued to extend to all Perfons nominated to form Part of the faid Com- (75.) E mittee ( *8 ) mittee for fuperintending the faid Penitentiary, and to the Governor thereof, fo as that no Action fhall be brought againft any fuch Perfon or Per- fons for any Thing done under this Act, without Notice, to enable him 41 or them to tender Amends ; and if any Suit or Action (hall be profecuted againft any Perfon or Perfons for any Thing done in purfuance 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 there- upon, and that the fame was done by the Authority of this Act ; and if a Verdict fhall pafs for the Defendant or Defendants, or the Plaintiff or Plaintiffs fhall become Nonfuit, or difcontinue his, her, or their Action or Actions after Iffue joined, or if on Demurrer or otherwife, Judgment fhall be given againft the Plaintiff or Plaintiffs, the Defendant or Defendants Treble Cofts. fhall recover Treble Cofts, and have the like Remedy for the fame as any Defendants have by Law in other Cafes ; and though a Verdict fhall be given for any Plaintiff in any fuch Action or Suit as aforefaid, fuch Plain- tiff fhall not have Cofts againft the Defendant, unlefs the Judge, before whom the Trial fhall be, fhall certify his .Approbation of the Verdict. 4 2 Limitation of And be it further enacted, That all Actions, Suits, and Profecu- Aftions. tions to be commenced againft any Perfon or Perfons for any Thing done in purfuance of this Act, mall be laid and tried in the County or Place where the Fact was committed, and fhall be commenced within Six Months after the Fact committed, and not otherwife. Aft may be And be it further enacted, That this Act may be altered or amended altered this by any Act Qr Aas tQ be ^fed in the prefent Seffion of Parliament. Oq. ~ § S > {H s> *-< •*■* o <-» O 1 o •-n regul Conv Mid 2 ~3 rv, % s s tr 5g (3 Ss 2 5: >i a w a "~ h* «■ 13 *-. f> 3 H. r^ fit 3* 3 «l • td r 8 May 1818. BILL For the more effectual Prevention of Frauds and Abuses in the Manufacture, Exportation, and Importation of sundry Wares, and for the Relief of distressed Workmen brought up to practise the Manufacture of Clocks and Watches. Note. — The Figures in the Margin denote the Number of the Folios in the writtefi Copy. ^ (£ 1R C£ 3 »> the Arts, Manufactures, and Trades, of making Preamble exporting, importing and dealing in divers wares of Gold and Silver, as also Watches, Clocks, Timepieces, Clock and Watchwork, Mathematical Instruments, and Engraving, have been and are of con- siderable extent and importance ; and very few persons, having occasion to purchase such wares and manufactures, being able to detect any im- position or deficiency therein, until it is too late to obtain any remedy, although there remain and stand in force a great number of Acts and Statutes on this behalf, yet partly for the variety and number of them, and chiefly that many of the said Laws are not answerable to this time, and cannot conveniently be put in due execution for the prevention of forgeries, frauds and abuses, committed by evil disposed persons carrying on or using the said arts, manufactures and trades, especially in secret places, it is expedient that some more adequate provision should be enacted, for the protection of His Majesty's subjects, and other persons having occasion at home or abroad to purchase use or depend upon such wares and manufactures, particularly in and for the navigation of Ships at Sea : AN D to the end that poor labouring Workmen and other Persons using the same arts, manufactures and trades, as their avocation hereafter may, by their labour therein, obtain, both in the time of scarcity and in the time of plenty, a portion of Wages meet and convenient for the sustenance ot themselves and their families, and neither depend upon Parochial Hates or Charities, nor on the labour of other Persons to make up any deficiency thereof; 282. Be ( 2 ) Frauds in the manu- facture and decep- tive worki and prac- tices in the arts and trades prohibited. No Clock or Watch or Mathematical In- »trument to be made without its bearing the names and place of abode of the Maker ; and no other name or place whatsoever. Names, &c. not to be put upon move- able peices, but on some permanent part of the work or ware. Name, &c. not to be changed, altered, or obliterated. Name, &c of Makers not to be forged. Nor any Maker's Name used without liis order. Unfinished work not to he exported } W<& it therefore (£nattet), by The K I N G'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 day of no Person or Persons whatsoever shall make up, or cause to be made up, any Clock, Watch or Mathematical Instru- ment or other production of the said arts or manufactures, or either of them, in which there shall be any false jewelling of the pivot holes, or external appearance of jewelling, the same not being really jewelled, or external appearance of shewing seconds, or the day of the month, or of the moon's age, or any object or motion exhibited or to be exhibited by or in the said art, manufacture or otherwise, nor in which there shall be any deficiency of the several appropriate parts, internal mechanism, work and works, duly to give motion and otherwise unto and for all such works, motions and objects whatsoever, apparently or pretended, or purporting to be shewn exhibited or set forth by such Clock, Watch, Mathematical Instrument and Production respectively ; nor shall any Person whatsoever make up any Clock or Watch or Mathematical Instrument, without engraving or putting on one or more principal and permanent part or parts of the main Frame, Plate or Plates, and in a conspicuous manner and visible situation upon every such Clock and Watch, and in an equally permanent, conspicuous and visible manner and situation, upon every such Mathematical Instrument, his or her and each of their own proper christian and surnames and place of abode, in words at full length, and a distinct number in numerical figures upon each, by which each and every such Clock, Watch and Mathematical Instrument may be described and identified, and no other name or place whatsoever; nor shall the names or place of abode of the maker of any Clock or Watch or Mathematical Instrument, be placed upon any moveable Name- piece, .Barrel -piece or Dial, only thereon, but shall be in all cases so permanently engraven and affixed on some principal part of the body of such work ware or manufacture, and in the manner aforesaid, that such name and place of abode may not be easily removed therefrom, or admit the substitution of any other name or place instead of those of the Person who made the same work or ware; nor shall any Person change, alter, obliterate, conceal or take away, the inscription of the name or place of abode of the maker, upon off or from any Clock, Watch, Mathematical Instrument or Engraving, nor cause nor procure such offence to be done or committed by any other Person ; nor shall any Person forge, engrave, enamel, paint or put, nor cause nor procure to be forged, engraven, enamelled, painted or put, the name or place of abode of any Clockmaker, Watchmaker, Mathematical Instrument Maker, or Engraver who made it not, upon any Clock, Watch, Mathematical Instrument, or Engraving ; nor shall any Person put use or apply the name or place of abode of any such Clock, Watch, or Mathematical Instrument Maker or Engraver, upon any work ware or manufacture, without his or her express order respectively, whose name shall be so put used or applied ; nor shall any Person or Persons export or send, or endeavour to export or send out of this United Kingdom, any outward or ( 3 ) or inward box, case, dialplate, movement, or other prepared material, of any nature or kind whatsoever, for Clock, Watch or Mathematical Instrument, without the movement and proper parts and appurtenances 8 in and with every such box, case, dialplate, movement and prepared material, made up complete and fit for use, and with the names and nor finished wares 11 . without the names, place of abode of the certified Clock Watch or Mathematical Instrument & c . of the Maker Maker, and a distinct number engraven on each and every of them as thereo aforesaid, and no other name or place, upon the penalty of forfeiting to the Penalty proper use of the Person or Persons who will seize and convey the same before any one or more of His Majesty's Justice or Justices of the Peace 9 acting in or for the County City or Place wherein any such Offence as aforesaid shall be done or committed, and also the further Penalty of forfeiting the sum of of lawful money for each and every such Offence. Provided always, and be it Enacted, That nothing in this Act, or All Clocks, Watches, in any other Act contained or expressed, shall be taken or construed certain day, to be to extend to prohibit or prevent the free sale and exportation, without fr ( ^ (j sol<1 and ex " penalty or forfeiture, of any Clock, Watch, or Mathematical Instrument whatsoever, which shall have been made or engraven on or before the day of And provided always, and be it Enacted, That all and every the indemnity for Per- forfeitures and penalties in and by a certain Act made in the Ninth and fended °sainst the Tenth years of the Rei 2 - sion ( 4 ) and to take out a Certificate of such Registry. No Person to use the Trades, &c. that is not registered, nor any Alien. Penalty. sion or avocation as aforesaid, shall first have heen truly registered and 12 enrolled in the puhlic register hereinafter in that behalf mentioned and appointed ; nor until he or she shall have taken out and obtained a Cer- tificate of such enrollment and registry, in the manner and form as in this Act hereinafter is mentioned ; nor shall any person whatsoever, that has not lawfully obtained such Certificate as aforesaid, or that is not a natural free-born subject, or having been naturalized, employ or set to work any journeyman, workman, or other person, in the manufactoring of any Watch or Clock, Mathematical Instrument or Engraving, upon the penalty of contrary to the true intent and meaning of this Act, and the sum of 13 of lawful money for each and every such offence. Puhlic Register, by wh m and where to be kept. All Persons now using any part or branch of' the Arts or Trades, may be registered as Clock, Watch and Mathe- matical Instrument Makers, or as En- gravers, except. Aliens. Persons registered hereafter must first have served as Ap- prentice in the arts mentioned, or some of the branches set forth. And be it further Enacted, That the said public Register of the names, qualifications, and place of abode of persons using or practising the said arts, manufactures and trade of Clockmaking, Watchmaking, Mathematical Instrument making and engraving respectively, shall be kept by the Company of the Master, Wardens, and Fellowship of the art and mystery of Clockmaking, at their Common Hall or Office by them for that purpose from time to time to be appointed within the City of London; and in the said Register by the proper officer of the said Company in that behalf to be appointed, shall be enrolled the proper christian and surnames and place of residence and particular profession of all such persons, being natural free-born subjects, or having been naturalized as at this day are engaged in or practise the said art, manufacture and trades of making Clocks, W'atches, Mathematical Instruments, and Engraving respectively, or any part or branch thereof, and who shall on or before the day of a PPty or desire to practise and be registered as Clockinakers, Watchmakers, Mathematical Instrument makers or En- gravers respectively as aforesaid ; and in like manner henceforth shall be enrolled in the said register the proper christian and surnames, place of abode, and professions of all such person and persons, being natural free-born subjects, or having been naturalized, who shall apply and desire to be so registered as aforesaid, having first duly served as apprentice to a Clock, Watch or Mathematical Instrument maker, or to an Engraver respectively, or in or to some one or more of the parts or branches of the said arts or trades hereinafter mentioned, that is to say, a Clock-movement maker, or a Watch-movement maker, or a Clock finisher, or a Watch finisher, or a Watch-escapement maker, or a Repeating-motion maker, and no other person or persons whatsoever. 14 15 Retaining! and cove- Provided always, and be it also Enacted, That this Act or any thing "wiS&tutt-ptod^id therein contained, shall not extend to invalidate any lawful Retainings, sffectual fjrallpur- Covenants or Indentures of Apprenticeship, had made or entered into before the passing of this Act, but all and every the Parties to such indentures, retainings or covenants, shall and may have the full advantages' jfj of such indentures, retainings and covenants; and every such person shall by virtue of the same indentures, retainings and covenants, when the terms thereof shall have been duly performed, be admitted, enrolled and certified ( 5 ) certified as a Clock or Watch or Mathematical Instrument maker, or as an Engraver in manner aforesaid. And Provided always, and be it Enacted, That every Person what- Pessous now using soever now using the said arts or trades, or any part thereof, and who who^onot a^Iphr to before the said day of shall not apply to be be registered a;-.d i i -r i r-\ i i t T r i i mi • , t certified as Master registered and certified as a Llockmaker, Watchmaker, Mathematical In- Tradesmen, may strument maker, or Engraver, in manner and foiin as aforessid, mav orWorkman! 1 ^" 1 ** nevertheless work as a journeyman or workman to with and for any law- '7 fully registered and certified Workmaster in the said arts, manufactures and trades, or either of them. And Provided always, and be it Enacted, That it shall and may be widows may use the lawful to and for the Widow and Widows of any and every such lawfully E£d hS^iS? enrolled and certified Clock or Watchmaker, Mathematical Instrument being first duly re- gistered and certified. maker, or Engraver, deceased, to produce the Certificate oi registry of her deceased husband to the Registrar of the said Company ; and upon the surrender of the said certificate, the said widow shall by virtue thereof, be enrolled and certified as of and in her own proper names and place 18 of residence, and may thenceforth continue, use, practice and carry on the art or trade which her deceased husband did use; any thing in this Act contained to the contrary thereof in anywise notwithstanding. And be it further Enacted, That the said Certificates of registry and By whom the Cerfi- qualification to use and practice the art and trade of a Clock and Watch- maker, Mathematical Instrument maker, or Engraver respectively, hereinbefore directed to be taken out and obtained by all Persons pre- vious to their practising the said arts or trades, or either of them, shall be issued by the said Company of the Master, Wardens and Fellowship of the art and mystery of Clockmaking, who are hereby empowered and '9 required to issue the same, under the hands and seals of the Master and Wardens of the said Company of Clockmakers, and countersign of their Clerk, on the day of and afterwards to all such Persons duly qualified To whom Certificate* and registered as aforesaid, being natural free-born Subjects, or having ! l e§rai been naturalized, and being at this day engaged in using or practising the said arts and trades, or any part or branch thereof, or who shsfll have served as apprentice in the manner aforesaid, as shall apply for the same Certificate, being first duly registered and inrolled as aforesaid. And be it further Enacted, That every Person who shall desire or Proofc to be ex- apply to be registered and certified as such Clock ami 1 £ ^[^ris- 20 Mathematical Instrument maker, or Engraver as aforesaid, shall ■ ! certified. and exhibit to the said Company of Clockmakers, or to th- in that behalf appointed, his or her indenture of apprenti; and reasonable proof of his or her having served and fulfilled the same accordingly; or the testimony to be given before one or mov His indenture of Ap- Majesty's Justice or Justices of Peace acting in or for the County, P^jceship, or m •> 4 J' dsjiault, proof upon City or Place nearest unto and in which such Applicant resided at the oath, stating the time of such using the said arts or trades or servitude of apprentice- t he Trades. 282. . I> ship, ( 6 ) ship, whereupon the said Person claims to be registered, inrolled, ad- 21 mitted and certified as aforesaid; suc"h testimony being given upon the oath of such Applicant, and of Two competent Witnesses, having knowledge of the Facts alledged, and that BflcH Applicant has used or been employed in, ui has duly served as apprentice in the said arts and trades, or in the said branches thereof; and in the manner aforesaid, and thereby is entitled to such Registry or Inrolment and Certificate as Sunt to be paid for aforesaid, every such Applicant payitig the safil of for each and every such Inrolment or Certificate; and every Person so inrolled and certified shall thenceforth be entitled and at full liberty to exercise and follow the art and trade of a Clock and Watchmaker, Mathematical Instrument maker, or Engraver, as his or 22 •nd'obe.v her case shall respectively be, or be certified as aforesaid; and which lowa ilsi-fieEi crises ■ , r , ,, , .. . , . , of executing tnisAct. saK ' smn °' sna '' ' l( ' taken and applied by the said Company of Clockmakers, in aid of or towards the expenses of executing the provisions of this Act. Lists of the registered And be it also Enacted, That on or before the day of pared annuafjy^™" m ever y . vear tne sa ' c ' Company of Clockmakers shall cause to be printed or otherwise prepared a true and corrected List, in alphabetical order, of the surnames arranged, and which List shall contain the christian and surname and place of abode of all and every Person and Persons registered in the books of the said Company, and admitted and certified as qualified in the manner aforesaid, to practise, 23 use, follow and carry on the said art and trade of a Clock and Watch- maker, a Mathematical Instrument maker, or Engraver respectively as Removais of resis- aforesaid, any or either of them; and in case of any such Person re- tered Persons to be m0 vins; his or her place of residence, he and she shall, within one month notified to the - r Registrar. thereafter, notify such removal, by or in writing to the Clerk of the same Company, that the Register may be corrected accordingly, upon Penalty. pain that he or she shall forfeit and pay the sum of for every such offence. Copies of the lists Provided always, and be it Enacted, That the Clerk of the said Com- t£*££tejfi£* pany shall, in all usual hours of business, furnish a copy of the said the Registrar. con ected list of registered Persons, upon the application of any Person desiring the same, such Person .paying to the said Clerk a reasonable 24 Registers and Books price or compensation for the said List; and provided also, that upon to be viewed, and th paymen t f the sum of to the said Clerk, Copies or Extracts ' J nken b. p rsons, on he shall exhibit or cause to be exhibited, in the office of the said Corn- starch 5 . ° panv, to all such Person and Persons having reasonable cause in I hat behalf, all and every book and books, register and registers, enrolment and enrolments, touching or in anywise concerning this Act, and the pro- Penalty on the clerk visions thereof; and also the said Clerk shall suffer and permit such ismg, &c. Person and Persons to view and examine, copy and make copies or extracts of and from the same, in writing, upon pain that for every refusal and time of refusing, act and default by the said Clerk refused, 25 omitted, done or committed, contrary to the true intent and meaning of this Act, he shall forfeit and pay the sum of ot lawful money. And ( 7 ) And be it also Enacted, That no Clockmaker, Watchmaker or Mathe- matical Instrument maker, being duly registered and certified as aforesaid, shall, by reason or on account of making or selling Clocks or Watches, Watch Chains, Seals or Keys, or Mathematical Instruments, of any metal or material whatsoever, be construed or deemed to be a manu- facturer of or dealer in wrought Gold or Silver Plate; nor shall any such Person as aforesaid be deemed liable or required to take out the Licence required to be annually taken out by workers of and dealers in 26 Gold and Silver Plate, under or by virtue of an Act passed in the thirty- first year of King George the Second, chapter the thirty-second, or any other or subsequent Act to enforce or increase the said Plate Licence Duty ; nor shall any Stamp Duty whatsoever be paid or payable on the enrolling, certifying or admission of any Person to be a Clock or Watch- maker, Mathematical Instrument maker or Engraver as aforesaid, the said Act of the Thirty-first year of King George the Second, chapter the thirty-second, or any other Act, Law or Usage to the contrary hereof in anywise notwithstanding. Persons making or selling Clocks, Watches, &c. are not workers of nor dealeri in Gold or Silver Plate, tre not liable to take out a Plate Licence. No Stamp Duty pay- able on enrolling or registering any Per- son pursuant to this Act. And be it further Enacted, That from and after the day of no Person or Persons whatsoever, that is not at this day lj a professed workman in the said several arts or trades of Clockmaking, Watchmaking, Mathematical Instrument making or Engraving respec- tively, shall set to work entertain or retain any Person whatsoever as Ap- prentice, or by any other name whatsoever, in the said arts or trades, or in any part or branch thereof; nor shall any Clock and Watchmaker, Mathematical Instrument maker or Engraver, take entertain or retain any Apprentice in the said arts or trades respectively, or in any part or branch thereof whatsoever, for less term and time than Seven whole years, to be fully compleat and ended, and according to the custom of apprentices in the City of London ; and provided also, that every such Apprentice shall 28 be bound and retained upon and according to the form of Indenture in the Schedule to this Act hereinafter mentioned and set forth, and not otherwise nor contrary thereto; nor shall any person whatsoever take unto him or herself as Apprentice in the said arts or trades or either of them, any person that is not a natural free-born subject, or who has not been naturalized ; nor shall any Person who is not a natural free-born subject, or having been naturalized, take any apprentice whatsoever in the said arts or trades or either of them; nor shall any Person or Persons take have or retain any Apprentice whatsoever in the said arts or trades or either of them, without enrolling or causing to be enrolled each and 2q every such apprentice and apprentices in the registry to be kept by the Company of the art and mystery of Clockmaking in the City of London the indenture of such apprenticeship, within twelve calendar months from the date of every such indenture, and the time of retaining such ap- prentice ; nor shall any Person or Partnership of Persons jointly trading in or using the same aits or trades or either of them, take have or enter- tain any greater number than One Apprentice at one and the same time, other than his or her own child or children, in the said arts or trades, unless such Person or Partnership of Persons shall have given full and entire employ for Two whole years then next preceding to one able 282. journeyman ;rson that is not a professed Workmaster to take any Apprentice. No Apprentice to be taken for less term than Seven years. Form of the Inden- ture < r Apprentici - ships in these Arts and Trades. No Alien to be taken as Apprentice therein. No Alien to take .-.'.1 ttice. All Apprentices to be enrolled in the Register of the ( ng Com- pany. . to nave I 1 One Ap- prentice, unless they 1I03 la neyman, and then only Two Ap-. t one time. ( 8 ) journeyman at the least in the said arts or trades, and in the house or u urkshop of such Person or Partnership ; and in such case such Person or Partnership may lawfully take entertain and retain a second apprentice and no more at one and the same time in his or their service, upon any Personscomin^upon p] ea r pretence whatsoever: nor shall any person have take or retain approval, to be bound ' r . . . . Apprentice witinn upon approbation any person who is desirous or willing to become an apprentice in the said arts or trades, or cither of them, for any period of approval exceeding Three calendar months, but such person shall within the said period of Three months be bound as apprentice as aforesaid, or absolutely and for ever dismissed by such his said master or mistress ; nor shall any person take or entertain in the said arts or trades or either of them any apprentice without teaching such apprentice or causing him or her to be taught the whole art of making the several parts and interior pieces of mechanism of Clocks Watches and Mathematical Instruments, or of Engraving, which his said master practises respectively as the case shall be, whereby every such Person having duly served as apprentice henceforth on the expiration of his or her term of servitude, shall nothing lack of a sufficiency of knowledge and mechanical skill to execute and fulfil such work and wares, productions of the said arts and trades, to his and her own credit and the profit of the Nation at large, and no deficiency or fraud therein upon the penalty of forfeiting and paying of lawful money for each and every such offence. 30 Thee months, or dismissed Masters to teach, or cause to be taught, their Art to their Apprentices Penalty. Pawnbrokers not to take in pledge nor purchase unfinished Woik or Wares, nor Tools. Mathematical Instrument makers. Workmen to return, upon demand, all Work, Materials and Tools to them en- trusted. 32 And be it also Enacted, That from and after the day of no Pawnbroker shall receive in pledge nor purchase any unfinished Clock or Watch or Mathematical Instrument, or part or prepared Material for the same, nor any Tool nor Implements used or for the use of or in the arts manufactures or trades aforesaid, or any part Pawnbrokers not to thereof; nor shall any Person whatsoever carry on the trade avocation or Watchmakers, nor business of a Pawnbroker and of a Clockmaker or a Watchmaker, or a Mathematical Instrument maker, and vice versa, at one and the same time ; nor shall any Workman or other Person whatsoever to whom any Clock or Watch, Mathematical Instrument or Engraving, or any Work, Materials, Tool or Tools, used in or for the same arts or trades or either of them, shall be entrusted to work upon or with, or to repair or other- wise detain the same or any part or portion thereof, but he she and they shall forthwith upon demand made, and without covin or fraud, return the same Clock, Watch, Mathematical Instrument, Engraving, Work, Material, Tool and Tools, and every part thereof, to the Owner thereof, or to the Person who so intrusted the same to him or her respectively ; and if any Pawnbroker or other Person shall be found and adjudged to have acted or done otherwise, every such Pawnbroker and other Person so offending shall forfeit contrary to the true intent and meaning of this Act, and the sum of of lawful Money for each and every such ofirfence, refusal and time of offending as aforesaid. Penalty. 34 workmen, &c. may Provided always, and be it further Enacted, That it shall and may be until Work and C ' lawful tor any Workman or Person employed as aforesaid to retain pos- Repur done thereon se ssion of such Clock, Watch, Mathematical Instrument, Engraving, artP * 1 ' ° r " Work, ( 9 ) Work, Material, Tool and Tools, entrusted to him or her to work upon or repair as aforesaid, until the work done thereon or therewith by such Workman or other Person shall be duly paid for and lawfully discharged in the current Coin of the Realm ; and if any person shall pay or offer Workmen not to i "'d in Commodit Money onlv. to pay to any Workman, or for anv work done or to be done or executed h* u ' t l -" in the said art or trades of Clockmaking, Watchmaking, Mathematical 35 Instrument making, or Engraving, or in any part or branch thereof, in any commodity, or in any other manner or way whatsoever than in the current Coin ot the Realm only, and not otherwise, every Person so offending, and for each and every time he and she shall so offend shall forfeit and pay the sum of of lawful Penalty, money. How Clocks, Watches, &c. shall be entered for ex- portation. Penalty. Ship Masters, &c. not to receive any such on board with- out due entry, &c. And be it also Enacted, That from and after the day of no person or persons whatsoever shall export or endeavour to export, any Clock or Watch without first making true entry thereof at His Majesty's Custom House, and previous to shipping the same endorsing on the cocket of the said entry a specific declaration of the description, mark and number of every package in which any such 36 Clock or Watch shall be contained, together with a particular account of the number and description of the Clock and Watches therein con- tained, upon the Penalty of forfeiting and the sum of of lawful money for every offence to the contrary thereof; nor shall any Shipmaster or Owner or other person, at any time after the passing of this Act, take or receive on board any ship or vessel, by the way of trade or for sale, or upon freight or for exportation to parts or places beyond the seas, any Clock or Watch, until a distinct and true entry of every such Clock and Watch, and the description thereof, and of the mark and number of the package, if any such there be, in which the same is contained, shall first have been duly made at His Majesty's Custom House as aforesaid, upon the penalty of 37 forfeiting for each and every such offence and time of offending; and the like Penalties and Forfeitures shall also be paid and borne by the Shipmaster or Owner of every vessel in which any Clock or Watch shall have been clandestinely exported, or in which any such Clock or Watch shall be found, not having been, previous to the shipping thereof, duly entered for exportation as aforesaid. Provided always, and be it Enacted, That any Shipowner or Master Remedy for the Shi q J ' J ; ' Master. &r. snflWm 3° against whom any such Penalties shall have been levied tor such clan- destine shipping of such Clock or Watch, not having been privy to the contents of the Package in which the same shall be or have been contained as aforesaid, shall have his or her remedy against the proprietor or other shipper of such Clock or Watch, Clocks or Watches, so clandestinely exported or endeavoured so to be as aforesaid, and shall recover his or her damages and full costs of suit in the recovery thereof. And be it also Enacted, That all and every the Penalties, Punish- Penalties on Persons ments and Forfeitures, in and by the several Acts and Laws now in force, ^^H^Goid touching and concerning the manufacture working and making of wares and silver Wares, re- Penalty. Master, &c. suffering any penalty, and not being party to such contraband Shipping. 282. c of pealed. ( io ) Wrought Gold Wares to be assayed nnd marked in London, Edinburgh, or Dublin only. Against transposing the Marks on or from one ware or piece of work to another. of wrought Gold and Silver, directed to be inflicted upon Persons adjudged to have been guilty of removing the Goldsmith's Hall Mark or Marks from one piece or ware of wrought Gold or Silver that has been lawfully assayed and marked, and transposing or attaching the same to any other piece of Gold or Silver work or ware that has not been so lawfully assayed 39 and marked, shall cease and determine, and all such Penalties Punish- ments and Forfeitures are hereby repealed, made void, and of no effect. And be it also Enacted, That from and after the day of bo Manufacture, Work or Ware of wrought Gold, which by any Act or Law now in force shall, previous to the sale or exchange of the same by the maker thereof, be required to be touched, assayed and marked, shall not be so touched, assayed, or marked, but at one or other the Assay Office of the respective Companies of Goldsmiths or Wardens of the Touch in London, Edinburgh or Dublin respectively, where the same Manufactures, Works and Wares shall be tried and assayed, touched and marked, with the Marks, and by, under, and subject 40 to such rules and regulations as by the Acts and Laws now in force are appointed ; nor shall any such Wares as aforesaid be assayed for the purpose of being marked, nor any such Hall-marked, in any other Assay Office, City, Town or Place whatsoever, any law, usage or custom to the contrary hereof in anywise notwithstanding. And be it also Enacted, That from and after the day of no person or persons whatsoever shall exchange or remove the marks of any Goldsmith's Hall or Assay Office, on, off or from any piece of work or ware, or from any part of any such piece of work or ware of wrought Gold or Silver, that has been lawfully assayed and marked, nor transpose, put or attach the same marks or marked piece of Gold or Silver work or ware, to any other piece of Gold or Silver work or ware, that has not been so lawfully assayed and marked as aforesaid ; nor shall any person or persons put or attach the same marks, 41 or Hall-marked piece of work or ware, to any other piece of work or ware of Gold or Silver than the proper work and ware which was or shall have been lawfully assayed and Hall-marked, as and for part of the same work, ware and manufacture, other than and excepting only needful repairs to any old or worn work, ware or manufacture ; nor shall any person or persons increase the weight of any piece of work or ware of wrought Gold or Silver, at any time after the same shall have been as- sayed and Hall-marked as aforesaid, by adding or attaching thereto any other Gold and Silver that has not been so assayed and hall-marked, other than and excepting any needful repairs to any old or worn work, ware or manufacture as aforesaid ; upon pain that each and every such person being upon the oath or oaths of any one or more competent witness or witnesses, before any one of His Majesty's justices of the peace as aforesaid, lawfully convicted of any such offence, lie or she shall forfeit and pay the sum of for each and every such piece of work and ware, in or upon which or in respect whereof any such trans- position or offence as aforesaid shall have been done or committed ; and also 42 ( 11 ) also shall by such justice of peace, by warrant under his hand and seal, be committed to the common gaol of the same county, city or place, there to remain the full space and time of 44 And be it also Enacted, That from and after the day of no person or persons what- soever shall add, put or attach any solder or stuffing to any such plate 43 work or ware of Gold or Silver, after the same shall have been pro- duced at the Assay Office, and examined, assayed and hall-marked, and previous to the sale or exchange thereof; nor shall any person make up or cause to be made up or wrought, any work or ware whatsoever of Gold or Silver inferior to one or other the standards for wrought Gold and Silver respectively, as by the laws now in force are appointed ; nor shall any person make up or cause to be wrought, any work or ware, or part or piece of or for any work or ware of Gold or Silver, that by reason of the smallness or delicacy of the workmanship thereof, cannot without damage be assayed and receive the touch and the hall-marks thereon, but he or she shall duly put therein and in every piece and part thereof, a full and lawful proportion of fine Gold or of fine Silver respec- tively, as the said ware or manufacture shall purport to be, and according to one or other of the standards respectively by law appointed and required to be used in manufactures of wrought Gold and Silver respec- tively; nor omit to put or stamp upon each and every such piece of work or small Gold and Silver wares as aforesaid, a proper distinguishing mark of the initial letters of the christian and surnames of the maker of such small wares and work, and which distinguishing mark shall be duly en- tered at and in the Assay Office or Goldsmith's Hall nearest unto the place of residence of such maker or worker of small wares as aforesaid ; 45 nor shall any person use any fraud or deceit, nor conceal in the internal or other part or parts of any ware of Gold or Silver, any Gold or Silver inferior to the lawful standard for such work or ware ; nor any base metal, nor any stuffing, nor more than a proper quantity of solder to attach together the pieces and parts of such work or ware ; and which proper quantity of solder shall be judged of and determined by the Wardens of the Company of Goldsmiths respectively nearest unto whose Assay Office any dispute or cause of dispute touching the pre- mises shall be or arise, such Wardens respectively at all times hereafter previous to taking upon them or either of them the said office of Warden, 46 being or having been practical working Goldsmiths or Silversmiths, and being duly elected, appointed and sworn to the lawful exercise of his and their said office and offices respectively, upon the Penalty of forfeiting to and for the proper use of the person who will seize, convey and sue for the same, before any one or more of His Majesty's Justice or Justices of the Peace acting in or for the County, City or Place where such Offence shall have been com- mitted, and the sum of of lawful Money for each and every such Offence. And be it also Enacted, That from and after the twenty-ninth day of May next ensuing, no person whatsoever shall work or make or cause to be 282. made No Gold or Silver In ferior to the Standard to be wrought into any ware. Small wares to be wrought of the law - ful Standards. Makers Mark to be put upon all small wares. Against concealed frauds in Gold and Silver wares. Wardens to deter- mine the quantity of solder. Penalty. To prevent the making of Pendants in quality inferior t» the- Standards ap- pointed for Gold and Silver. ( 12 ) And to prevent the same from being used to Watch cases until duly Hall marked. Penalty. All Pendants made before the 29th day of May next, to be freely sold or ex- ported, whether marked or not. made or wrought, any Gold or Silver Pendant, or pendant Bow for a Watch- 47 case, less in fineness than one of the standards by the laws now in force appointed for wrought plate, or sell exchange or expose to sale any such Gold or Silver Pendant, or export the same out of this United Kingdom, or solder or otherwise attach the same to any Watchcase of Gold or Silver (such Watchcase Pendant and pendant Bow respectively having been made after the said twenty-ninth day of May) until such Pendant and Bow shall have been lawfully marked with the mark of the worker or maker thereof, together with some one or more of the marks by the laws now in force required to be used for the marking of Watchcases of Gold and Silver re- spectively, upon pain that every such person or persons for every such 48 offence shall forfeit and pay the sum of Provided always, and be it Enacted, That nothing in this Act contained shall be construed or taken to prohibit the free sale or exportation of any Watch with a Pendant attached thereto, the cases of which Watch and which Pendant respectively shall have been made before the said twenty- ninth day of May, notwithstanding such Pendant may not have received any of the marks by this Act or any other law now in force directed to be impressed on Pendants of Gold or Silver for Watchcases. Work found upon And provided always, and be it further Enacted, That whensoever any Standard, to be work, ware or manufacture of wrought Gold or Silver shall be sent to or deHvered"o the delivered at any Goldsmith's Hall or Assay Office by law established for Owner without other the purpose of such ware being assayed and touched, and upon assay p and trial thereof upon three succeeding working days duly made, the said work, ware or manufacture shall be found and adjudged worse in fineness than one or other of the standards for work and wares of wrought Gold and Silver respectively lawfully appointed, every such insufficient work, ware and manufacture shall be broken cut or otherwise utterly defaced, and the materials thereof shall by the warden or officer of such Assay Office be re-delivered to the Owner or Owners thereof, or the person by him her or them, by writing under his her or their hand or hands, authorized to demand and receive the same ; and such delivery shall be made without any further or other pain penalty let or hinderance what- soever, to or upon the maker or proprietor thereof, other than such breaking and defacing of the workmanship as aforesaid. 49 50 Gold and Silver in which any concealed fraud is suspected may be cut and assayed. Provided also, and be it Enacted, That it shall and may be lawful to and for the Assayer or other chief officer of the several Companies of Goldsmiths, Wardens of the Touch, and Assayers respectively, at the several Assay offices by law appointed and established for the purpose of assaying and marking of wares and manufactures of wrought Gold and Silver respectively, to cut and examine, or cause to be cut and exa- mined, any piece or parcel of work, ware and manufacture, brought to be assayed as aforesaid, wherein or in the construction whereof such Assayer or other officer shall suspect any concealed fraud, covin or deceit, either in the interior or other parts or construction of such work, ware or manu- if any fraud is found facture ; and if upon trial and assay lawfully made, any concealed fraud shall be found or discovered in such work, ware or manufacture, the maker therein 51 ( 13 ) maker thereof shall forfeit and pay the sum of for Penalty, every such piece of work, ware or manufacture, so found to be fraudulently or deceitfully wrought. Provided always, and be it Enacted, That if no fraud or deception be found in such work, ware or manufacture, so cut and examined as afore- 52 said, the Assayer or other Officer as aforesaid shall, out of the public funds and monies received in the said Assay Office, immediately pay unto the Workman aggrieved, the full value of the workmanship, and all loss and damage by such Workman sustained from and by reason of the cuttins and defacing of his said work, ware or manufacture as aforesaid. And provided always, and be it Enacted, That if any Assayer or other Officer or Person shall act or do contrary to the true intent and meaning of this Act, or shall unlawfully spoil or unnecessarily deface or injure any work, ware or manufacture brought to be assayed at the public Assay Office as aforesaid, there being no fraud or deficiency in the Gold or 53 Silver thereof, such Assay Officer or other Person shall pay to the Person or Workman thereby aggrieved, his or her especial damage sustained, and all Costs of Suits in recovering the same, before any one or more of His Majesty's Justice or Justices of Peace acting in or for the County, City or Place wherein such offence shall have been committed. If no fraud is found in such work or ware, the Workman to be paid his damage and costs. Assay officers doing unnecessaiy damage to woik sent to be assayed, shall pay the especial damage to the Person injured And be it further Enacted, That if any Person or Persons whatsoever To prevent frauds i« from and after the dav of shall enter at h!™" 6 h ™ k ,*}« . duties on Gold and His Majesty's Custom House, for the purpose of exporting to Foreign Silver Plate exported, , , ,. , r i< 1 an d re-importins parts, by way ot merchandize, any work, ware or manufacture of wrought and selling the same Gold or Silver made within this realm, and upon the making whereof wlthout dut y- the several duties by law appointed have been duly paid and satisfied, 34 and such Person shall desire to draw back and have repaid to him or her such portions of the said duties on such work or wares as by law are allowed to be drawn back on the exportation thereof, that in every such case the Customer, Searcher or other chief Officer of His Majesty's Customs, at the Port in which such Gold or Silver wares shall be so en- tered for exportation, shall put his seal upon every Package containing such Gold or Silver ware, and shall, at the expense and risk of the 55 intending exporter, transmit such package to the Goldsmiths Hall or Assay Office wherein the said work or ware was marked, and paid the duty on the manufacture thereof, where the same work or ware being ca- pable to receive a mark, shall be again marked with a mark by the Wardens of the Company of Goldsmiths in London, to be from time to time appointed and ordained, to testify by such mark that the same work and ware has been entered and marked for exportation ; and the drawing back of the duties thereon as aforesaid, and being so marked, the same work and wares shall in like manner be sealed up in a package by the 56 Assay officer, and by him at the cost, expense and risk of the intending exporter, re-conveyed to His Majesty's warehouse of the Custom House from whence the package so came to be marked as aforesaid, and such work and ware of wrought Gold and Silver may then law fully be exported, and the duties thereon drawn back and repaid, subject tc such provisions 282. D as ( 14 ) Penalty. as by the laws in force are shall or may be appointed, touching or con- cerning the exportation of and drawing back the duties on wrought Gold and Silver plate; and if any plate, work or ware of wrought Gold or Silver, that has been so marked for exportation as aforesaid, shall after- wards be found in the possession of any Person or Persons whatsoever, and shall not have been previously re-entered, and the duties thereon repaid and satisfied, and re-marked on the importation thereof, he or she shall forfeit and the sum of for every piece thereof. Wardens, together with the Chief Assayer, may search for fraudulent wares. 3d of Edward IV, cap. 4. re enacted for Gold and Silver Fraudulent or deceit- ful wares, work, &c. Penalty. Refusing the wardens, &c. en- trance to search for frauds. AND for the more effectual suppression of frauds and abuses in the manufacture, working alteration, trading, dealing in and sale of Gold and Silver wares, committed in secret places and shops ; BE it also Enacted, by the authority aforesaid, That from and after the day of it shall and may be lawful to and for the Wardens, 58 together with the Chief or Head Assay-master of the several Companies of Goldsmiths and Guardians of the Touch respectively, or of either of them, (such Wardens respectively at all times hereafter, and previous to taking upon either of them the said office of Warden, being or bavins been practical working Goldsmiths or Silversmiths, and being duly elected, appointed and sworn to the lawful exercise of his and their said Office and Offices respectively) with whom or in whose public Assay Office, lawfully appointed, the mark of any maker or worker for dealer in Gold or Silver wares shall be entered, or nearest unto whose public Assay rn Office as aforesaid, any dealer in Gold or Silver wares shall be dwelling, or any two of such Wardens, together with their chief Assayer as afore- said, at any and all working time and times, as to the said Wardens shall seem meet, to enter into the several and respective workshops, shops, warehouses, place and places of business, of every such Gold or Silver worker and dealer in Gold or Silver wares, and there to search and search for, inspect and take view of, and if the said Wardens shall see it fitting, to touch, assay, and by their best means and ability, try and ascertain the lawful quality and sufficiency of any or every the work, 60 wares and materials of Gold and Silver, there found and wrought or in progress to be wrought, by or for any such workmaster or dealer as afore- said ; or, if the said Wardens shall so think fit, to convey the same wares, works and prepared materials of Gold and Silver, to the public Assay Office of the said Company of Goldsmiths, or Guardians of the Touch, and there to touch, try and assay the same ; and if any fraud or deceit shall be found therein, such of the said wares, works and prepared materials, so unlawfully wrought, shall be and broken, and the sale price or value of the broken materials thereof, shall be appro- g. priated to and in aid of a fund, by the same Company of Goldsmiths to be applied and used in, to and towards the prosecution of Offenders against the provisions of this Act ; and if any Person or Persons what- soever shall refuse admittance to, or shall impede the said Wardens and Assayer, or either of them, in the execution or performance of the duties so assigned to them as aforesaid, he she and every of them so offending, and so often and for every time that he she or they shall so refuse or impede ( 15 ) impede the said Wardens and Assayer as aforesaid, shall forfeit and pay the Sum of Penalty. 62 Provided always, and be it Enacted, That such work, ware and Time for returning materials, in which no fraud or deceit shall be found, shall be returned work. to the owner thereof, within one working day from the day on which the same was so conveyed to the Assay Office to be examined as aforesaid. Provided always, and be it Enacted, That if any Shopkeeper or Dealer Remedy for Shop- in Plate or wares of wrought Gold or Silver, or other Person not being persons aggrieved privy or party to the working or making of any such unlawful or deceitful l wares or manufactures as aforesaid, shall suffer or sustain any penalty loss or damage by reason of any such fraud or deceit, such Shopkeeper 63 Dealer and other Person shall recover double Damages and Costs of Suit and recovery from the Workman, Worker or Maker who wrought or sold such deceitful work or ware ; and which damages and costs shall be de- termined awarded, and the payment thereof enforced, by such Justice or Justices of Peace as aforesaid. or Silver wares And be it also Enacted, That so much and such part of a certain Act Part of the Act i2tk made in the Twelfth year of the reign of his late Majesty King George repealcd." P ' Z ^' the Second, chapter the twenty-sixth, as enacts, "that no Action or Suit at Law shall be had commenced or prosecuted, against any of the 64 Wardens or other Officers of the several Companies of Goldsmiths or Guardians of the Touch, and the respective Assay Officers, for any act matter or thing by hiin or them in their said Offices done, in the touching assaying or marking of work or wares of wrought Gold or Silver, or otherwise touching the premises, unless such Action or Suit shall be brought or commenced before the end of the next term after the fact committed, and not afterwards," shall be and it is hereby repealed. Provided always, and be it Enacted, That such Action or Suits as Time for com. aforesaid, touching or concerning the premises aforesaid, shall and may and Suits against be had brought and commenced at any time within one year next Ass *y offi «rs, &c. 65 ensuing the expiration of the usage or change of the variable Mark or Letter of the said Company of Goldsmiths or Assay Office for the year within which cause of Action or Suit shall be discovered by the Person aggrieved, and not afterwards. And be it Enacted, That from and after the The importation of day of no unfinished Clock or Watch, nor pre- clocked SS pared material of or for a Clock or Watch, or of or for a Musical Piece, work, &c. prohibited. Snuff Box or Machine, to be moved by Clock or Watchwork, nor any Musical Box, Snuff Box or other Box or Jewellery, Clock or Watch, in or upon which is represented placed or attached any print, painting or 66 figure, movement or motion, of an immoral or obscene description or tendency whatsoever, shall be imported into these Realms from foreign parts or places, under any plea or pretence whatsoever; and all such unfi- Seizable wheresoever nished foreign made Clocks and Watches, prepared Materials, Musical c1 °s t n ' ™_ t0 e 282. Pieces, ( 16 ) Penalty. Pieces, Snuff Boxes, Clock and Watchwork and Jewellery as aforesaid, which after the said day of shall be found or discovered, shall and may be seized by the Person who shall discover and will convey the same before any one or more of His Majesty's Justice or Justices of the Peace acting in or for the County City or Place where such prohibited articles goods and wares as afore- 67 said shall be found or discovered ; and upon proof being made on the oath of one or more credible Witness or Witnesses, that the same are such prohibited articles goods and wares as aforesaid, they and every of them shall be for the proper use of the Person who seized the same articles goods and wares as aforesaid ; and the Person or Persons in whose possession any such prohibited articles goods or wares as aforesaid shall be found or discovered, shall also feifeit and pay the Sum of g» for each and every time that any such prohibited articles goods or wares shall be found or discovered in his or her possession. Foreign-made Clocks, Watches, &c. to be allowed to entry in the Port of London only ; and none to be ad- mitted, unless they bear the names, &c. or the maker thereon. Penalty. No British name, either ot Person or Place, to be put upon foreign work. And be it also Enacted, That from and after the said day of no finished and complete Clock or Watch, Musical Snuff Box or other Box or Jewellery, in which any motion, sound or music is produced on bells, wires, musical springs or organ pipes, operated upon by Clock or Watchwork, wheels, springs 69 or other machinery, shall be imported from foreign parts, and allowed to entry but at His Majesty's Custom-house in the port of London only, where such foreign-made wares shall be liable to, and the owner or owners thereof shall pay and satisfy such duties of customs thereon which by any law now in force, or which hereafter shall be enacted, may and lawfully ought to be levied and paid on the importation of such foreign- made goods and wares as aforesaid ; nor shall any such foreign-made goods or ware as aforesaid be entered or admitted at or in any other port or place than the said port of London ; nor unless every such foreign-made Clock and Watch, Musical Box or Piece as aforesaid, shall be compleat 70 and fit for use, and shall have thereon engraven, or otherwise permanently put placed and affixed, the christian and surnames and place of abode of the maker, together with a distinct number upon each, by which such Clock and Watch, Musical Box and Piece, may be known, described and identified, upon the penalty of forfeiting upon which the christian and surnames and place of abode of the maker, and a distinct number on each and every thereof, shall not be duly engraven, or otherwise permanently and conspicuously put or placed, or which shall not have been entered in the port of London for -j the payment of the duties thereon as aforesaid ; and the same penalty and forfeiture shall be to the proper use of the Person who will seize and convey such Clock and Watch ware, Musical Box and Piece, to His Majesty's warehouse of the Customs in the said port of London. And be it further Enacted, That from and after the day of no person whatsoever shall engrave, paint or otherwise place put or attach, upon any foreign-made Clock or Watch, any name or names, being or purporting to be the name or names ( 17 ) names of any British person or place; nor by any other way or means Foreign-made work "2 whatsoever, alter or dis«uise the name or apoearance of any Clock or J}?' r ? ^ e alter f d or o rr J disguised so as to Watch of foreign make, so that the same may appear, or be mistaken appear as British. or sold as or for British manufacture ; nor shall any person sell, exchange Foreign-made work or expose to sale, or exchange as or for British manufacture, any Clock or 'l^ *°, be sold as r a 'J British manufacture. Watch of foreign make or any Clock or Watch whereof the movements or internal parts are of foreign make and the cases British, or whereof A ;j clocks and the movements or internal parts are British and the cases foreign made ; ) Va t clies > partly of r . foreign and partly but all such Clocks and Watches shall be sold as and for the mixed British manufacture, workmanship, as the fact shall be, and not otherwise; nor shall any foreign ^xedwork! SUC made Clock or Watch, or any Clock or Watch having thereon any forged Foreign-made work 73 name, or imitation of a name of a British person or place, or any forged a ! ld a1 ' clocks and T r . J n Watches, having or imitation of marks impressed on Watches or Watchcases, in at or by bearing thereon any any public Office or otherwise in Great Britain, be imported, sold, malks^not to be § re- exchanged, repaired, altered or exported by any person whatsoever, P aired > sold, &c. upon the penalty of forfeiting and P enaltv ' the sum of of lawful money, for each and every of such Clocks and Watches as aforesaid, to the use of the Person who will seize and convey the same Clocks and Watches before any one or more of His Majesty's Justices of Peace as aforesaid, and upon proof upon the oath of any one or more competent witness 74 or witnesses, every such unlawful Clock and Watch shall be broken and utterly destroyed, and the broken materials thereof shall be to the use of the Person who seized the same as aforesaid ; nor shall any Person None to import or whatsoever, after the day of import, purchase, clock" &£! until deal in, or vend or expose to sale as a dealer in, any Clock or Watch, dui r licensed. or any piece of Clock or Watchwork, Mechanism or Machinery, or Jewellery wares, of foreign make, until he and she shall, in the manner hereinafter mentioned, be duly authorized and licensed to trade or deal in the said foreign made wares and manufactures, upon the penalty of Penalty. 75 forfeiting and the sum of for each and every such foreign Clock and Watch, piece of Clock or Watchwork, Mechanism, and Machinery, and Jewellery ware, which shall be found in the possession of any Person so importing, pur- chasing, vending or exposing to sale the same goods or wares, such person not having been previously thereto duly licensed to import and deal in such goods and wares as aforesaid ; and which forfeitures and penalties shall be to the use of the Person who will seize the said goods and wares, and will sue for the same before any one of His Majesty's Justices of the Peace as aforesaid. And be it further Enacted, That such license and licenses to import and Foreign Clock and j— • W^itcli u tilers deal in foreign-made Clocks and Watches, Clock and Watchwork, Licence to be an- -g Mechanism or Machinery and Jewellery of foreign make, shall be granted nin,ly renewed - issued and distributed on or before the day of next ensuing, and afterwards on or before the day of in every year, by the Commissioners for mana^inc the By wnom and in . ... ,, . , , i . — . ,., , -^ ^ what manner such receipt 01 His Majesty s duties ot Excise, at their head office in London, Licences shall be who are hereby empowered and required to enroll and issue such licenses, S ranted- under the hands and seals of the said Commissioners, or of any two of 282. E them ( 13 ) sum to be paid for them, upon the payment of the sum of each Licence. ^ v the Person requiring such license, for each and every such license to import and deal in such foreign-made goods and wares as aforesaid. Foreign Clocks, W itches, &c. im- ported a:ter paying the duties, are, pre- vious to sale, to be marked by the Clcckmakeis Com- pany, pursuant to patent granted 2zd August 163 1. Price to be taken by the Company for marking. And be it also Enacted, That each and every foreign-made Clock and 77 Watch, and all other the productions of the said arts and manufactures of Clock and Watchmaking, already imported, and which hereafter shall or may be imported from parts and places beyond the seas, shall, after the duties payable on the importation thereof shall have been paid and satisfied, be delivered by the Officer and Officers of His Majesty's Customs, or other Persons having the custody thereof, unto the proper Officer in that behalf appointed of the Company of the Master, Wardens and Fellowship of the art and mystery of Clockmaking of the City of London, taking his receipt for the same ; and each and every the foreign-made Clocks and Watches, works and productions aforesaid, shall, by the said Company or their "^ proper Officer, be properly and sufficiently marked according to the pro- visions in the Charter granted to the said Company on the twenty-second day of August in the year one thousand six hundred and thirty-one, for that purpose mentioned and expressed, and by the marks so impressed or otherwise put thereon by the said Company, to notify that each and every the same Clock and Watchwork and production has been duly examined, and also that the duties thereon as by law is required have been duly paid, before the same is or shall be permitted or allowed to pass into the possession of the importer or owner thereof ; and the said Master, Wardens and Fellowship, or their proper Officer, shall and may jg lawfully ask demand and receive, for the marking and allowing of such foreign-made Clocks and Watches, works productions and wares of the arts and trades aforesaid, as lawful fit and proper to be imported and sold, such sum of Money as to the said Company of Clockmakers shall appear reasonable to defray the expense of examining and marking the same as aforesaid, not exceeding in the whole pence in the pound sterling of the value of the Clocks, Watches, works and productions so imported and brought to the office of the said Company to be examined and marked as aforesaid. No Person shall work upon or finish any foreign Clock or Watchwork, nor repair any such, that is not duly- marked. Penalty, And be it further Enacted, That from and after the 80 day of no Clockmak. r or Watchmaker, or other Person, shall make up or complete, or employ any workman to make up, work upon or complete any unfinished foreign work, or part or prepared material of or for a Clock or Watch ; nor shall any person work upon or repair any foreign-made Clock or Watch, that is not duly marked with the marks hereinbefore directed to be impressed or put thereon by the Com- pany of Clockmakers as aforesaid, without first sending every such Clock 81 or Watch to the proper officer of the said Company to be marked, ami the duties thereon duly paid and satisfied, upon the penalty of for every such offence, and upon pain of forfeiting to the use of the person who will seize and sue for the same as aforesaid. Provided ( is ) Provided always, and be it Enacted, That nothing in this Act contained Not to prevent die shall be taken or construed to extend, to prevent any person from repair- ^Wafcfces law-* ing any Clock or Watch of foreign make, that has been lawfully marked full >' marked. in pursuance of the provisions of this Act. And be it further Enacted, That on or before the day of all and every such foreign-made Clocks and Watches 82 as shall be in the possession of any person whatsoever, whether as a dealer therein or otherwise, shall be brought to His Majesty's Custom House in the port of London, for the purpose of being examined, and the duties payable on the importation thereof satisfied, or proof given that the said duties have already been answered and paid, and then to be delivered to or at the office of the said Company of Clockmakers in London, to be examined and marked as aforesaid ; and every such foreign made Clock and Watch, which after the said day of shall be exposed to sale by or which shall be found in possession of any person \\ hatsoever, which shall not have been entered at •S3 the Custom House, and marked as aforesaid, or on which the duties payable on the importation thereof shall not have been duly answered and satisfied, shall be and conveyed to His Majesty's Custom House, and being first duly marked by the said Company of Clockmakers, as aforesaid, shall be delivered thence to and for the proper use of the person who did so seize and convey the same to the Custom House as aforesaid ; and the proof, if any, to the contrary of sucli forfeiture, shall be upon the owner of or person claiming restitution of the said goods before the nearest Justice or Justices of the Peace, as aforesaid. Foreign Clocks and Watches now im- ported to be brought to the Custom-house, to ascertain the pay- merit of duties thereon ; and then to be de- livered to the Com- pany of Clockmakers to be marked. Foreign Clocks and Watches not marked conformable to this Act, to be seized,&c. Proof to the contrary to lie upon the owner. Provided always, and be it Enacted, That all and every the finished Foreign Clocks Clocks and Watches of foreign make, which shall be seized or taken by ^ffe SJSriS 84 the officers of His Majesty's Customs, for under valuation bv the im- onl y- porter thereof, and condemned, shall be sold for exportation only, in the same manner as prohibited goods. ^ And provided always, and be it Enacted, That all such foreign-made All foreign-made Clocks and Watches as aforesaid, which at this day are in the Dossession cloc ^ s and W3 . tche * c -rt a {• , •-,, " ^otr»vrii now m possession of 01 any Ferson bona fide using the same Clocks and Watches, and not Pe . rsons bo "a fide being dealer therein, shall be brought to the Custom House in London, 3dduty-frS. be and shall be marked as aforesaid, and delivered to the Owner, without any duty, charge, or expense whatsoever thereon. AXD, for the better execution of the provisions of this Act, BE it further Enacted, by the Authority aforesaid, That from and after the day of every Person whatsoever who shall use as his or her calling or avocation the g 5 art, trade or mystery of Clockmaking, Watchmaking, Mathematical Instrument-making, or Engraving, or any part or branch thereof, shall and may become a Freeman and Member of the said Company of the Master, Wardens and Fellowship of the art and mystery of Clockmaking of the City of London, and shall not be refused to be admitted accord- ingly ; upon pain that every Person that shall be found offending to the contrary hereof, shall forfeit and pay the sum of 282 - Provided For the prevention of frauds and abuses, all persons who use the arts and trades shall or may become freemen of the Com- pany of Clockmakers. Penalty. All Persons now using the arts and trades to be ( 25 ) to6 and required upon any information exhibited, or complaint made in that behalf, within one year after the time of the discovery of the offence com- mitted, to summon the party accused, giving to each party three days notice, to appear before such Justice of Peace, and also the witnesses on either side, and to examine into the matter of fact; and upon proof made thereof either by voluntary confession of the party accused, or by the oath of one or more competent witness or witnesses, to give judgment or sentence accordingly, and for the forfeiture and penalty as in and by this Act is directed to be delivered and paid to the informer, and to award Application of the 1 07 and issue out his Warrant, under his hand and seal, for committing to prison JJ, e "y bTWfedby such offenders, and for the time and times aforesaid, and for the levying Stress, &c. the said forfeitures and penalties so adjudged on the goods of the of- fender, and to cause sale to be made thereof in case they shall not be redeemed within six days, rendering to the party the overplus, (if any,) and where the goods of such offender cannot be found sufficient to answer the penalty, to commit such offender to prison, there to remain for any space of time not exceeding nor less than unless such pecuniary penalty shall be sooner paid and satisfied ; and if Persons aggrieved by any party shall find himself or themselves aggrieved by the judgment of appeal to the Quarter 108 any such Justice, then he or they shall and may, upon giving security to Sessi0ns - the. satisfaction of such Justice, and to the amount and value of such forfeiture and penalty, together with such costs as shall be awarded in case such judgment shall be affirmed, appeal to the Justices of the Peace at the next General or Quarter Sessions for the County, Riding, Division, Shire, City or Place, which shall happen after fourteen days next after such Conviction shall have been made, and of « Inch Appeal reasonable notice shall be given, who are hereby empowered to summon and examine witnesses upon oath, and finally to hear and determine the same ; and in case judgment shall be affirmed, it shall be lawful for such Justices to award the Person or Persons appealing to pay such costs occasioned lOQ ky such Appeal as to them shall seem meet. And be it further Enacted, That if any Person or Persons shall be witnesses not ap- summoned as a witness or witnesses to t>ive evidence before such Justice P e . ann e> or n° t g lvin s evidence. or Justices, touching any of the matters relative to this Act, and shall neglect or refuse to appear at the time and place to be for that purpose appointed, without reasonable excuse for such neglect or refusal, to be allowed of by such Justice or Justices of Peace, or appearing shall refuse to be examined en oath (or being of the people called Quakers, upon solemn affirmation) and give evidence before whom the prosecution shall be depending, that then every such Person shall forfeit for any and every 110 such offence the sum of to be levied, paid recovered Penalty. and appropriated in such manner as is hereinbefore directed, and so on so often as he or she shall offend as aforesaid. And be it further Enactfd, That the Justice or Justices of the Peace Form of Conviction, before w horn any offender shall be convicted as atoresaid, shall cause the said Conviction to be made out in the manner and form following, or in 282. G any ( 26 ) any other form of words to the same effect, mutatis mutandis ; that is to say : — " BE it Remembered, That on the day of in the year of our Lord in the County of # of was convicted before me [or, us] [one or, two] of His 1 1 1 Majesty's Justices of Peace for residing near the Place where the offence was committed ; for that the said since the day of one thousand eight hundred and now past, did, contrary to the form of the Statute in that case made and provided [here state the Offence against the Jet,] and I [or, we] do declare and adjudge, That the said hath [here state the pain or :c penalty incurred, and the goods a?/d wares forfeited, if any,] and the sum of lawful money of Great Britain, for the offence aforesaid, to be applied to such uses as the Law directs. Given under [my or, our] hand 1 1 2 and seal the day of one thousand eight hundred and Convictions to be Which Conviction the said Justice or Justices shall cause to be wrote fairly Coum™ Records, u P on parchment, and returned to the next General or Quarter Sessions and not removable f the p eace f or t [ le County, Riding, Division, Shire, City or Place where into any Court. *' °' ' 'J # such Conviction was made, to be filed by the proper Officer there, and there to remain and be kept among the Records of the same County, Riding, Division, Shire, City or Place ; and no such Conviction shall be removed by Certiorari or other Process, into any Court whatsoever, any thing herein contained, or any Law or Statute to the contrary thereof in anywise notwithstanding. SCHEDULE ( 27 ) SCHEDULE. 113 The Covenants of INDENTURE of APPRENTICESHIP, in this Act before mentioned and directed to be used. T o c 9 = • 3> 3 (V re p o £ , " & 5-S &§ 1 3 rt> c; "^ tP 3 o ~ 3 I -I 3 a e 3 » ■o ai 2 = w s University ol California SOUTHERN REGIONAL LIBRARY FACILITY 405 Hilgard Avenue, Los Angeles, CA 90024-1388 Return this material to the library from which It was borrowed. UH VKi:siTY OK C ALIFORM* AT LOS AN GULES LIBRARY