Page:Ruffhead - The Statutes at Large - vol 8.djvu/280

 24^ C. 26. Anno tricefimo primo Ge org 11 II. A. D. 1757 fix Months after the Offence committed ; and fuch PeiTon or Perfons fo fued in any Court whai General Iffue. foevxT, fliall and may plead the General Hlue Not guihy, and upon any Iflue joined, may giv this Act and the Special Matter in Evidence ; and if the Plaintiff or ProfecLitor fhall becon- nonfuit, or forbear further Profecution, or fuffer a Difcontinuance ; or if a Verdidl pafs again Treble Cofls. him, the Defendant fhall recover Treble Cofts, for which he fhall have the like Remedy, :• in any Cafe where Coils by the Law are given to Defendants. Publick Aa. XXX. And be it further enaded by the Authority aforefaid, That this Ail (hall be dcemec adjudged and taken to be a Publick A€t, and be judicially taken Notice of as fuch by a. Judges, Juitices and other Perfons whatfoever, without fpecially pleading the fame. CAP. XXVI. An Afl to explain, amend and enforce an A61 made in the lad Se/Tion of Parlic, ment, intituled, y^n A51 for the better Ordering of the Militia Forces in the feveri Counties cf that Part of Great Britain called England. Preamblff. *TT7HEREAS fevcral Doubts have arifen, and Difficulties have occurred, in earning int r«S*J^Vr«rlw/Mi{rL"'r'> * ^^ Execution an Aa paffed in the lafl SefTion of Parliament, intituled. An A£i forth to'^T§'"c p"&Mfc. 3. "li ©■ * f^ettej- Ordering of the Militia Forces in the feveral Counties of that Part of Great Britain calle t^Car.z. c. 3. 15 Car.i. c. 4. * England : And whereas it has been found, that fome farther Provifions are neceffary, in ordd 10 &f II ^. 3. c. IX. I ^nn. * to enforce the Execution of the faid A6t ;' Be it therefore enadted by the King's mofl Excel fjt.x. c. 23. I Geo. i.jJat. z. ]gpf Majefly, by and with the Advice and Confent of the Lords Spiritual and Temporal, an c. 1^4.^ g.G^ff. I. c. 8. 7 Geo. Con^mons, in Parliament affembled, and by the Authority of the fame,_ That in all Counties Renewal of the former Direftion Ridings or Placcs, wherein nothing has been done towards carrying the faid Ail into Executior to Lieutenants to execute the his Majefly's Lieutenant for every fuch County, Riding or Place, fhall immediately proceed t Militia Acts, conforming to the put in Execution the faid recited A£l:, and this prefent K&. ; and that his Majefty's Lieutenant; former Aa where unrepealed by ^^^ ^n ^^^^p^ Perfons concerned in fuch Execution, fhall, in all Points, conform themfelves t vifiont ofTh s.'° "'"^ ^^ Diredions of the faid former AcT:, fo far only as they are not either amended or repealed b inCour.t^es where they have not this prefent Aft ; and in all Counties, Ridings or Places, where fome Progrefs has been mad; procctded fofar asto be able to towards the Execution of the faid former Act, hut not fufficient to enable them to chufe th chufe by Lot out of the Lifts Men by Lot out of the Lifts already returned, his Majefty's Lieutenant of every fuch County SThVExt*^rrofthewo Riding or Place, and all other Perfons concerned as aforefaid, fhall begin with and proceed ii Aas"deVovoT""°'^ ° ' ^'^° the Execution of the faid former A61:, and of this prefent A61, in like Manner, to all Intent! ^. ', , and Purpofes, as if nothing had been hitherto done in fuch County, Riding or Place, toward he chofe^b'^Lot oLVof^hcTifts" ^^^ Exccution of the faid former Ad ; and that in all Counties, Ridings or Places where th returned, the Remainder of the Militia Men have been adlually chofen by Lot, or where they can now be chofen out of th former A( to be executed, as Lifts already returned, either for the whole County, or for any Subdivifion thereof, his Majc amended by this. fty's Lieutenant, and all other Perfons concerned in the Execution of the faid former A6t, an of this prefent Aft, within fuch County, Riding or Place, fliall proceed to execute the remain! ing Provifions of the faid former A£l (which have not been yet executed in all or any of th Subdivifions within fuch County, Riding or Place) as the fame are amended, fupplied or en . •, r^oL forced by the Provifions of this Act. i ^7. 'Miv'Tf"''?h r ? n. And be it enafted. That his Majefty's Lieutenant of every County, Riding or Plac(! of the MiMfa before the fecond ^ 11 1 1 • 1 1 • 1 ■" . ■' xi 1 r r^ • rr r^rr Meeting of the Deputy Lieute- fhall, and he IS hereby required to appomt a proper Number or Commiffion Umcers to trait nants in their Subdivifions. and difcipline the Militia of his refpeftive County, Riding or Place, before the Times appointe for holding the fecond Meetings of the Deputy Lieutenants and Juftices of the Peace withi. their refpeftive Subdivifions, for chufing by Lot the Perfons to ferve in the Militia for fuc. County, Riding or Place. Repeal of the Ciaufein the for- < HI. And whereas in the faid recited Adl: paffed in the laft Seflion of Parliament, there i ir.erAa prefer bmg that .i>ere c contained a Provifo, That there fhall not be more than three CommifTion Officers (that i iliall rot be more than 3 Ofticcrs c ^ r ^ r^ ^ • f ■ ^ ^ 1 i?r ^•u..D-..A/r a r • n to 80 fiivatc Men and fo in to fayj onc Captaui, one Lieutenant and one tniign to eighty rrivate Men, and lo m rro Proportion. ' ' portion, as near as may be, to any greater or leffer Number of Private Men, which has bee is hereby repealed. A Leafehold Eflate onglnally jy^ ^^d be it enaded. That a Ferfon feifcd or poffeffed, either in Law or Equity, for hi. TiTh H.I^'A'n'iTT'n'' own Ufc and Benefit, in Poffeffion of an Eftate for a certain Term originally granted fo. ihall be deemed a Oualincation _ ', ^^ r 1 Tr 1 11 11 t-» fr Deputy Lieutenants and Of- twcnty-onc Years or more, and renewable, or an annual Value, over and above all Rents an ■ ficcfs. Charges payable.out of, or in refpeft of, the fame, equal to the annual Value of fuch an Eftat as is required by the faid recited hSi for the Qt^ialiHcation of a Deputy Lieutenant and Com miffion Officer of the Militia refpeeftivcly, and fituate as in the faid recited Ad: required, fha! be, and is hereby deemed and declared to be, duly and fufficiently qualified to act and ferv under fuch rtfpedlive Ccmmiffion j any thing in the faid recited Aft, or in this Aft, containe to the contrary notwithftanding. Dc'it'"Lie"u'tc^3s^^Vi"bc''° ^- "^"'^ ^^ '"^ drifted, Thnt in fuch Counties where twenty Deputy Lieutenants cannot b found witir3ooi.%.a^i"fi'iaiion found, who ate fcifcd or pofftffcd ofan Eftate of the yearly Value of three hundred Pounds, as i the Lieutenant may appoint Fc'i- required by the faid recited Ac'-, and this Aft, it moy and (hall be lawful for his Majefty's Lieu iy/is with zcol. Quahfication. tenant of any furh County, to appoint fuch Number of Perfons to be Deputy lieutenant as he fliall think fir, v.'ho fhall rcfiu-dtively be feifed or poffeffed of a like Eftate of the yearl Value of two hundred Pounds, and fituate as in the faid recited Aft- is required; provic'J thz the Perfons fo appointed flrall not make the whole Number of Deputy Lieutenants for the fai 3 Count
 * found inconvenient ;' Be it therefore enadled and declared, That the faid Provifo fhall be an*