Page:Ruffhead - The Statutes at Large - vol 7.djvu/649

A. D. 1756. •■ Anno vicefimo nono Georgii II. C. 4. 629 Overplus (if any be) to the Owners ; and to diftribute one Moiety of the faid Fine to reward the Informer or Informers, and the other Moiety to the Churchwardens or Overfeers, to the Ufe of the Poor of the Parifh where the Offence Ihall be committed, XVIII. And be it further enadted by the Authority'aforefaid, That if any Perfon or Perfons whatfo- P'^^"' oh- everfliali wilfully do any Aft or Thing whereby the Execution of this Aft, in the fearching for, taking ec'^i'tio'noitt)h and fecuring fuch able-bodied Men as aforefaid, (hall be hindered or fruftrated, every fuch Perfon Ail to forfeit ihall for every fuch Offence forfeit any Sum not exceeding ten Pounds, to the Ufe of the Poor of '°^- the Parifli where fuch Offence Ihall be committed; and all aiid every fuch Offences maybe inquired Two jufiices of, heard and finally determined by any two or more of his Majefty's Juftices of the Peace dwell- "">"=:" and ing in or near the Place where fuch Offence fliall be committed, who have hereby Power to caufe offJnce"&c. the faid Penalty to be levied by Diftrefs and Sale of the Offender's Goods and Chatties, rendering the Overplus (if any be) to the Owners; and if the Offenders have no Goods and Chatties fuffi- For want of Di- cient to anfwer the faid Penalty, then to commit him or her to the County Gaol or Houfe of Cor- "r'"^' Oftindtr redion, there to remain for the Space of three Months without Bail or Mainprize. to^be commu- XIX. Provided always, and it is hereby declared. That this A6t Ihall not extend to the taking or perVons who levying any Perfon to lei ve as a Soldier, who ihall make it appear to the Satisfadion of the Com- have a Vote in_ miffionners then prefent, that he hath any Vote in the Eledion of any Member or Members to ^g^|!j^^'^J°'jY°'j. ferve in Parliament in any County, City, Borough, Town, Port or Place within the Kingdom oi ]^me,t,not hZ Great Britain. ble to be liited. • XX. And it is hereby ena'fted. That no Perfon who, at the Time of the Execution of this Aft, no military Of- fliall have any military Office or Employment in G'reat Britain (other than in the Militia) (hall exe- ficer may be a cute any Power or Authority by this Adt given to Commiffioners as aforefaid. CommifiioMer. XXI. And be it further enaded by the Authority aforefaid, I'hat if any A6tion, Plaint, Suit or i-imitation o£ Information ffiall be commenced or proi'ecuted againft any Perfon or Perfons for what he or they ^'^'«'"s. ihall do in Purfuance or Execution ot this Ad, the fame Ihall be coininenced within three Months after the Offence committed ; and fuch Perlbn or Perfons fo fued in any Court whatlbever, fhall and may plead the General iffue, Not Guilty; and upon any Iffue joined may give this Ad and the General liTue, fpecial Matter in Evidence ; and if the Plaintiff or Profecutor ihall become nonfuit, or forbear fur- ther Profecution, or fuffer a Difcontinuance, or if a Verdid pafs againft him, the Defendant Ihall recover treble Cofts ; for which they Ihall have the like Remedy as in any Cafe where Colts by Treble Cofls* the Lav/ are given to Defendants. XXII. And for the better obviating fuch Frauds and Abufes as maybe pradifed in difcharging of No Soldier or Soldiers, it is hereby further enaded by the Authority aforefaid, That no private Soldier who ihall Marine to be dif- be duly liiled into his Majefty's Service by virtue of this Ad (during the Time fuch Soldier ftiall f^'S^fj^thout remain in Great Britain) ihall be difcharged froin his Majefty's Service without the Confent of the from bib Ccio- Colonel,_or in his Abfence the Field OiScer commanding in Chief the Regiment, tirif had and ob- "°'> ^'^^ ' tained in Writing under their Hands and Seals for that Purpofe ; in which Writing the Caufe of of which a Bu> his Difcharge ihall be exprefied, and a Duplicate or Copy of every fuch Difcharge forthwith tranf- Pj'^^^ta.to !-<= mitted to the Secretary at War, to be by :m kept and entered in a Book ; or if a Mariiie, without th'^"|^j,'i"^^J°^j. the Confent of the Lord High Admiral or the Conimiifioners of the Admiralty for the Time being War. ' hrft had and obtained; and any Off.cer that ihall prefume to difcharge any Soldier inhfted purfu- Officer breaking ant to this Ad, in any other Manner, contrary to th s Ad, ihall for fuch Offence be calhiered. cafli^'ed!' '" ""^ XXIII. Provided always, and it is htreby enaded. That every Perfon who ihall be lifted upon ]mpreired Men, this Ad, after he fliall have continued in the military Service of his Majefty, his Heirs and Succel- after five VearJ fors, during the Space of five Years, ihall be at Liberty, if he think tit, to demand his Difcharge ^[;-"haf'j,j' ^? from the Colonel, or in his Ablence the Officer commanding the ReguTient or Company to which they dMiVrd'it^ he ihall belong ; and fucli Diicliarge Ihall be granted to him gratis in V^riting under the Hand of fuch Colene! or Officer, who is hereby impowered and required to gie the f;nie accordingly ; any 1 hing herein contained to the contrary notwithiianding. XJJIV. And be it further enaded, That the faid fevers 1 Clerks to the faid Commiflioners, pro- Clerks to b? re- vided the faid Copies or Duplicates be duly tianfrnitted into the Office of the Admiralty or Secre- "^--'f i..'°'^ .,.. lary at War as aforefaid, fliall have and receive by the Hands of the Paymafters of his Majefty's Landou" Foices and Marines, or one of them, fuch P^ewards as the Lord High Treafurer or Commiffioners of the l^reafui'v for the Timie being, upon Conlideration of the Numbers of Men lifted in the feve- rrd Counties, Cities, Boroughs or other i-'laces, and the Pains and Charges of the feverai Clerks in this Service, ftiall judge the laid Clerks feverally and refpedively to deferve. XXV. Piovided always, That his Majefty, when lie ihall be fatisiied by the faid Returns of the^rijM.ijenym.iy CommiiFior.ers, or otherwife. That a fufficient Number of Recruits in t'ne Whole fhall be raifed for (^"[[Jo5i'l;f'£i,'is^^'" his prefent Service, may be gracioully pleaied to iufpend or flop the further Execution of this Ad, .".a. by Proclamation or Order in Council, or other pubiick Notice in the London Gazitte ; any Thing herein contained to the contrary notwithftanding. XXV J. Provided always, and be it fut her enaded by the Authority aforefaid. That no Commif- Perfons empToy- fioner, Churchwarden, OverLer, Conftable, Headborough, 'Eithingman or other Parifh or Town Of- ^j^_'"' ';';?' f,"^"- iicer, v/ho fliall be employed in the Execution of this Ad, faall Ise liable, for or by reaibn of fuch ej^'empttdVon-*' Execution, to any cf the Penalties mentioned in an Ad made in the twenty-fifth Year of the Reignthe i^enakiei of ipiicatea.