Page:Ruffhead - The Statutes at Large - vol 8.djvu/661

A. D. 1761. Anno fecundo Georgii III. C. 20. 627 Hands and Seals of any three or more Deputy Lieutenants, or of any two Deputy Lieutenants to- gether with any oneJuiHce of the Peace, or of any one Deputy Lieutenant together with any two Juftices of the Peace j rendering the Overplus (if any] on j)emand, after dedudfing the Charges of fuch Diftrefs and Sale, to fuch Officer upon whom fuch Diftrefs fhali have been made as aforefaid Time, to ifTueout their Order or Warrant, under their Hands and Seals, commanding the Attend. nee ii,bie, "or other Pariih of the Conftable, Tythingman, Headborough, or other Officer of any Parifh, Tything or Place officer j within their feveral Subdivifions, at fuch Times aiid Places as in fuch Order or Warrant fhali be ex- prefled ; and if fuch Conftable, Tythingman, Headborough, or other Officer, fhali refufe or neglcdla" on 's difobeying to appear according to fuch Order or Warrant, fuch Conltable, Tythingman, Headborough, or other *">'='^ "'•^"' '"^y ^"^ ^' Officer, fhali fufter the Pams and Penalties atoreiaid. Lxxn. - - ~. mife thereof, make a falfe Return of any Liit tor any 1 arilJi, 1 ythmg or Place, or to erale or leave out ot any inch Perfon out of theLift't-, Lift the Name of any fuch Perfon as ought to be returned, every fuch Perfon fnall, for every fuch forfeit 50 1. Offence, forfeit and pay the Sum of fifty Pounds, to be recovered by Action of Debt, Bill, Plaint, or Information in any of his Majefty's Courts of Record at JVeJimlnJicr^ wherein no EfToin, Wager of Law or Protection, or more than one Imparlance, fhall be allov/ed j all which Penalties fhali gototlie Profecutor; and to the Ufe of the Perfon or Perfons who fhall fuc for the fiime : And if any Perfon fliall refufe to tell f'eifons refufmg to dr. his Chriftian and Sirname, or the Chriftian and Sirname of any Man lodging or refiding within his J;,^^^!^^'^';:";;;'^.^^^; or her Houfe to any Conftable, Tythingman, or other Officer authorized by this Adl to demand the^^j/tcrfeit 10!."° ^ ' fame, every fuch Perfon fiiall forfeit and pay the Sum of ten Pounds. LXXIII. - • • - . ^^ ■- Lieutenants any two Ji . . „ , . ,„(.-^„. ^. .^ Ihall fufpeft, that any Perfon inferted in any Lift, defcribed as an Apprentice, has been fraudulently turned in the Lift as Ap. bound Apprentice in order to avoid ferving in the Militia, it may and fhall be lawful for any three or prentices, in order to mere Deputy Lieutenants, or any two Deputy Lieutenants together with any one Juftice of the^^Q"* ^^""^'"e' Peace, or any one Deputy Lieutenant together with any two Juftices of the Peace, to make Inquiry may fun^mon and exa- into the Binding out fuch Perfon Apprentice, ajid to fummon fuch Perfons as they fhall think necef- "^Y ^'^.7^"ru"^|°|^ . fary to appear before them, at fuch Time and Place as they fhall appoint, and to examine fuch ■^^ > '"^'^ ^'"s ■ ^ -"^^j Perfons, upon Oath, touching the Matter in Q^ieftion : And in cafe any fucli Fraud fhall appear in-'""' '^ any f"" '^'=" the Binding out fuch Perfon App:;entice, it may and fliall be lawful for fuch Deputy Lieutenants, or Pp^f v ^1"^^ ""^ ^° ^'^ T^ T ?" IT n- T^ , T • 1 T n- ■ ^ r y r r point fucn Perlon to Deputy Lieutenants and Juftice, or Deputy I^ieutenant and Juitices, to appoint luch Perion, fo ;-^,.,,e jmniediately, or bound Apprentice, to ferve immediately in the Militia for the Parifh, Tything or Place for which upon the firft Vatr.ncy fuch Lift fhall have been returned, if there fhall be a Vacancy ; and if there fliall be no Vacancy at fhat fhall happen; and that Time, then upon the iirft Vacancy that fhall happen therein: And the Perfon to whom fi-'^h |.J_|^'^'^|^j5'^ ^° ^^Jj^"^^^^^^^ Apprentice fhall be fo bound,' fhall forfeit and pay the Sum of ten Pounds ; which Penalty, in cafe ^J|^]] foH-"" 7o L""to'^ be the fame fhall not be forthwith paid, fliall be levied by Diftrefs and Sale of the Offender's Goods levied by Diftrefs and and Chatties, by Warrant under the Hands and Seals of fuch Deputy Lieutenants, or Deputy Lieu- Sale : tenants and Juftice, or Deputy Lieutenant and Juftices, or any three or more of them, returning the Overplus, if any, after all Charges paid, to the Perfon whofe Goods and Chattels fhall be fo diftrained ; one Moiety whereof fhall be applied to the Ufe of the Informer, if any, and the other On^-'^o'ety thereof to go Moiety, or, if there ftiall be no Informer, then the Whole of fuch Penalty fhall be applied in man-^" thelntormer, u any. ner hertin after-mentioned. LXXIV. And be it enaded, fliall, and he is hereby required to true State of the Num.bers of Perfoi which he is Lieutenant j and that after all the faid Numbers fhall be tranfmitted to his Majefty's bei's of Perfons in the' Privy Council, according to the Directions aforefaid, it may and fhall be lawful for the faid Council, County fit to fwve j and they are hereby required to fix and fettle, as near as may be, the Number of Private Militia Men ^^^ thePnvy Counc!! is who fhall for the future ferve for each County, Riding or Place within the Part oi Great Britain afore- J^ou of^M^ ?o ferv^ faid, by the Proportion which the Numbers returned for each County, Riding or Place bear to the t,y the Proportion the ' whole Number of Private Militia Men by this ACt directed to be raifed within the Part of Great ijr/- Returns for each County refpectively greater than the Number of Private Militia Men who fhall. be by virtue of this ACl Accounts of the Nom-. appointed to ferve for any County, Riding or Place, then, and in fuch Cafe, his Majefty's Lieutenant hers fofcttkd totiieLd^ together'with any two or more Deputy Lieutenants, and on the Death or Removal, or in the Ab- ^'*"'^"*'f^; •^"'J^'^*'^ fence of his Majefty's Lieutenant, any three or more Deputy Lieutenants, fhall, at a General Meet-g_.g^jp|.™^/^' jj^^Jp -,^^^,^1 ing to be held for that Purpofe, appoint what Number of Private Militia Men fliall ferve for eachby the Aa, a Gen-iM refpjctive Hundred, Rape, Lath, Wapentake, or other Divifion, v/ithia the County, Riding or Place Meeting ista be i)«id by to which theybelonc; and the additional Number of Prii'ate Militia Men to make up the whole the Ld. I.t.and.i;9patc4, Number fo fixed and fettled as aforefaid, fhall be provided oT chofw in the fame Manner as all other :;'^*;'=,~^^^^ 4 ], 2 Private '•'* ^ '^^ " ■ ^^ '^*