Page:Ruffhead - The Statutes at Large - vol 8.djvu/127

 A. D. 1757* Anno trlcenmo Georgii If. C. 25. 93 Town is by this A(5l made a Part, any two or more of the Deputy Lieutenants within fuch City or Town flialJ have and exercife all the Powers conferrtd by this A6t on any three Deputy Lieutenants, or on any two Deputy Lieutenants, together with any one Juflice of the Peace, or any one Deputy Lieu- tenant, together with any two Juftices of the Peace of any County at large : And the Value of the re- Deputy L?er.- fpedivc Qiialifications of the Deputy Lieutenants, and Officers of the Militia of fuch Cities or Towns, IV)^"^ »"<! Fi.-'i fhall be-as follows ; every Deputy Lieutenant and Field Officer (hall refpedtively be feifed or poflefled of ^^J"'^° ^^^,^^ fuch an Eftate, and in like Manner as is in this Act before mentioned, as a Qiialification for a Deputy or 5000 1. Per-* Lieutenant, Colonel, or other Officer of the Militia, in Manors, Meiluages, Lands, Tenements or Heredi- foaal EiUte. taments, in Englund, J'/ales^ or the T'own of Berwick xiOX Tweed, of the yearly Value of three hundred Pounds, or {hall be pofielled of a perfonal Eftate alone, to the Amount or Value of five thoufand Pounds ; ^ . and the Qi.ialification of a Captain fliall be a.like Eitate as aforefaid, of the yearly Value of one hundred p.^A^n ^or° and fifty Pounds, in Manors, MefTuages, Lands, Tenements or Hereditaments, or perfonal Eftate alone, 2^00 i. Per- to the Amount or Value of two thoufand five hundred Pounds ; and the Qurdification of a Lieutenant or fonal Eftate. Enfign fliall be a like Eftate as aforefaid, of the yearly Value of fifty Pounds, in Manors, Mefluages, Lieutenant or Lands, Tenements or Hereditaments, or perfonal Eftate alone, to the amount or Value of feven hundred Enfi^ju 50I. aird fifty Pounds ; one Half of all which real Eftates refpe6lively fhall be fituate or arifing within fuch P^'' Ann. or City or Town, or within the County at large to which fuch City or Town is by this A6t united for the ^^°j^ v^i<jni Purpofes aforefaid ; and in all fuch Cities and Towns the Penalties for adting not being duly qualified, or p^, ,*j. not having delivered in fuch Qualification, or not having taken the Oaths, and made, repeated and fub- afl'ing^'if'not fcribed the Declaration aforcfiiid, fhall be, for a Deputy Lieutenant or Field Officer, one hundred Pounds; qualified, &c. and for a Captain, Lieutenant or Enfign, fifty Pounds ; fuch feveral Penalties to be recovered by Adtion *'or a Deputy of Debt, Bill, Plaint or Liformation, in any of his M<ijefty's Courts of Record at Wejiminfter, wherein ^'cutcnantor -■ no Eflbin, Wager of Law, or Protedion, or more than one Imparlance fhall be allowed; one Moiety j^'J"! ^j'^^'^^,. whereof fhall go to the Ufe of the Perfon who fhall fue for the fame, and the other Moiety to the under 50 L^ Ufes herein after direded ; and his Majefty's Lieutenants, and the Chief Magiftrates of fuch Cities or Licutenaius and Towns, being Counties in thcmfelvcs refpedfively, fhall, and they are hereby required to put the Powers Chief Magi- conferred by this Adt, for raifing and training the Militia within fuch Cities or Towns, into Execution ; '■^^" toexe- but the Militia of fuch Cities and Towns as aforefaid, being by this Act declared to be Part of the withilf thfrd Militia of the Counties to which fuch Cities and Towns are united for the Purpofes aforefaid, the Mi- Cities and litia of fuch Cities or Towns fhall annually join the Militia of the County to which fuch Cities or Towns Towns ; are fo united for the Purpofes aforefaid, and the whole Militia fo joined together, fhall be exercifed to- but the Militia gether at the General annual Exercife lVhitfnnN c^V^ and fhall then, and alio in Time of actual ".'°J"'" ^^'^^ Service, be deemed the Militia of the County to which fuch Cities or Towns are fo united for the Pur- °'!k! ^°""'y ^ ? - ., •* at the Oeneral poles aforefaid. Exercife in Whitfun Week. LVT. And be it ena^ed, That all Fines, Penalties and Forfeitures by this Aft impofed, the Manner Recovery of of Recovery whereof is not in this AcSt particularly provided for, fliall on Proof upon Oath of the OfFence P^i^lries not before any Juftice of the Peace of the County, Riding or Place where the Offence fhall be committed, otherwife pro- be levied by Diftrefs and Sale of the Offender's Goods and Chattels, by Warrant under the Hand and ^' ^ ^^' Seal of fuch Juftice, rendering the Overplus (if any) on Demand, after dedudting tlie Charges of fuch Diftrefs and Sale, to the Offender upon whom fuch Diftrefs fhall have been made ; and where the Goods and Chattels of fuch Offender fliall not be fufficient to anfwer fuch Diftrefs, fuch Juftice is hereby re- quired to commit fuch Offender to the common Gaol of the County, Riding or Place where the Of- fence fhall have been committed, for any Time not exceeding three Months : And all Fines, Penalties Fines and Penal- and Forfeitures by this Ail impofed, the Application whereof is not otherwife particularly provided for, t'" "o^ other- {hall be paid to the Clerk of the Regiment or Battalion, and fliall be made a Common Stock in each Sub- ^r to'^be"^!'d divifion wherein the fame fhall fo arife; and the faid Clerk fhall give a particular Account th'.reof, as it to the Cle'rk of fhall arife,. to any three Deputy Lieutenants, or to any two Deputy Lieutenants, together with any one the Regiment, Juftice of the Peace, or to any one Deputy Lieutenant, together with any two Juftices of the Peace, at and made a their next Meeting withia the feveral Subdivifions; and the faid Deputy Lieutenants, or any three of *^°'^"^°"^'°^''' them, or any two Deputy Lieutenants, together with any one Juftice of the Peace, or any one De- f""^ '" '^^ ^Pp'"""* Duty Lieutenant, together with any two Juftircs of the Peace, fhall caufe Butts to be erected in fome '"^'^^'J*^^""'* convenient Place or Places, and fhall direct the Clerk of the Regi.nent or Battalion to buy and provide, powdeTand^li with fome Part of the Money fo arifing, a prop..r Quantity of Gunpowder and Ball, to be ufed at a^^j ;„ p^i^jj proper Times by the Militia Men in (hooting at Marks, and to apply and difpofe of fuch other to the befl Part of t:he Money aforefaid as they fliall think reafonable, in fome Prize or Prizes to be given to Markimen, fuch Militia. Man or Men as fhall, by the Com.Tiandin^ Officer then prefent, be adjudged to be the „ ^ beft Markfman or, Markimen, and to apply the Refidue thereof to other Contingencies relating to the ted'^tt^the°H^i'fe' Militia v^ithin fuch Subdivifion ; and that in all Cafes when any Perfon fhall be committed to the Houfe otC-rreaiin to of. CorreAion by virtue of this Adt, he fhall, during the Time of fuch Commitment, be kept to hard La- be kept to hard hour in fuch Koufe of Correction. Labour. LVIL And be it enacted. That in every Adtion, Suit or Liformation, brought againft any Pei-fon for Proof of Qna- ading as a Deputy Lieutenant, Colonel, Lieutenant Colonel, Major, Captain, Lieutenant or Enlign, ^''i'^^i' ", "> not being, q.ua!ified as herein before is directed, the Proof of his Quanfication fhall lie upon fuch Per- !^' ^""7' 'L,"^" fon aj-aijift whom the fame is brought. fo-dLt L.VIIL Provided alfo, and be it enacted,. That noOi^der made by any of hi^ Majefty's Lieutenants, or q.jJ'^ ft by any orie or more Deputy Lieutenants, or by., any two Deputy Lieutenants, together with any one Ju- Li'rmenant*, t-.c. ftice not remove ble b^ Ccxtijian,