Page:Ruffhead - The Statutes at Large - vol 8.djvu/50

 i6 C. 8. Anno triceiimo Georgii II. A. D. 1757, None to be in- XXII. Provided always. That nothing in this A(£t contained fhall be conftrued to extend to impower Lftei 'till the the faid Commiffioners to inlift any Perfon as a Soldier until the feveral Sums herein dire<5led to be jyiid ^h "nffi ^^^'^ ''^ ^y ^^'° r°^P^'<^'^'^ Officers appointed to receive fuch new railed Men, {hall be firft paid to the Perfon or firft ^d"" "^ Perfons reipectively authorized to receive the fame. Officers may fe- XXIII. And be it further ena£ted by the Authority aforefaid, That the Officer or Officers, and other cure imprefled Perfon or Pcrfons appointed to attend the faid Commiffioners, and to receive fuch irhprcllcd Men, (hall, ^'"' in cafe he or they fliall find it necx^ffary, fecure fuch impreffed Men in fome f^cure Houfe or Place to be provided by the Juilices of the Peace in their Petty or Special Seffions for that Purpofe ; hi:t in cafe no fuch Houfe or Place fhall be fo provided, then in the Gaol of the County, Town or Place where fuch Man fhall be received into his Majefty's Service, or in the Houfe of Corredion, or other publick Prifon of fuch Coimty, Town or Place where Debtors are not ufually confined ; and the Keeper of fuch Gaol, Houfe of Correction or Prifon fliall receive fuch imprefled Men until they can be removed, without Fee Keeper lobeal- or Reward ; and fuch Keeper fhall be allowed the ufual Subfiitence for fuch Men during the Time they lowed their Sub- jQt,^]] j.gj^,,,ij^ j-^gfg^ tVom the Officer by whom they fhall be delivered as aforefaid; and the Conftables, Cmiofficers^^f Headboroughs and other civil Officers, fhall (if required) be affifting to fuch Officer in conveying fuch required, to be Man Of Mcn, to fuch fccure Piace, Gaol or Houfe of Corrcftion ; and fhall be allowed fuch reafonable aiding in fecuring SumorSums, as the major Part of the Commiffioners then prefent fliali appoint to be paid by the Officer them. or Officers who fhall require fuch Affiflance. Commiflloncrs XXIV And it is hereby further ena6ted by the Authority aforefaid. That it fhall and may be lawful iray levy a Fine j.^ ^j-^j f^^ jj^g ^^id Ccmmiffioners, or any three or more of them, to impofe upon any Gaoler or loVon^Gader I^^^P^i" of ^ Houfe of Correction or Prifon, who fhall fuffer any Perfon committed to his Cuftody in Pur- lorkfcapeof fuancc of this Adl to efcape ; or upon any High Conftable, Churchwarden, Overfeer, Petty Conflable, Men, Headborough, Tythingman, or other Parifli or Town Officer, for every wilful Ncgle61: or Default in the and on Pari/h Execution of any Warrant, Order or Precept, to them or any of them dire6led in purfuance of this A£l, Officers for Neg- a Fine not exceeding ten Pounds ; and to caufe every fuch Fine to be levied by Diftrefs and Sale of the lect ot Duty. Offenders Goods, rendering the Overplus (if any be) to the Owners, and to pay the faid Fine to the In- former or Informers, perfons obftrua- XXV. And be it further enaded by the Authority aforefaid, That if any Perfon or Perfons whatfoever ing the Execu- fj^aU wilfullv do any Act or Thing whereby the Execution of this A&, in the fearching for, taking and tionof thii Aft ftcuring fuch able-bodied Men as aforefaid, fhall be hindred or fruffrated, every fuch Perfon fhall, for every fuch Offence, forfeit any Sum not exceeding ten Pounds, to the Ufe of the Informer or Informers; and all and every fuch OfFences may be enquired of heard and finally determined by any two or more of his Majefty's Juilices of the Peace, dwelling in or near the Place where fuch Offence fhall be committed. For want of who have hereby Power to caufe the faid Penalty to be levied by Diftrefs and Sale of the Offenders Goods Diftre(5, Ot- ;ind ChatPels, rendering the Overplus (if any be) to the Owners ; and if the Offenders have no Goods lender to be and Chattels fufficient to anfwer the faid Penalty, then to commit him or her to the County Gaol or committed. Houfe of Correct ion, there to remain for the Space of three Months without Bail or Mainprize. Perfons who XXVI. Provided always, and it is hereby declared. That this A6t fhall not extend to the taking or le- the Eleftmn of ^ying any Perfon to ferve as a Soldier, who fliall make it appear to the Satisfa6lion of the Commiffioners lilembeisof Par- then prcfent, that he hath any Vote in the Election of any Member or Members to ferve in Perliament, iument, not )i- in any County, City, Borough, Town, Port or Place within the Kingdom of Great Britain. ai)le to be liikd. ' No Military XXVII. And it is hereby enacled, That no Perfon who at the Time of the Execution of this Afl, fhall ^*^"^"ir*y^'^* have any Military Office or Employment in Gr^^?^ jBr//^zn (other than in the Militia) fhall execute any ommi loner. y^^y^Q^ Or Authority by this Ad: given to Commiffioners as aforefaid. L.mitationof XXV III. And be it further enadtcd by the Authority aforefaid, That if any Action, Plaint, Suit, or Aciioni. Information, fhall be commenced or profecuted againft any Perfon or Perfons, for what he or they fhall do in Purfuance or Execution of this Acl, the fame fhall be commenced within fix Months after the Of- fence committed, and fuch Perfon or Perfons fo fued in any Court whatfoever, fhall and may plead the General I(Tue. Cjcneral Iffue Not guilty, and upon any Iffue joined, m.ay give this A&. and the Special Matter_i^n Evidence ; and if the Plaintitf or Profccutor fhall become nonfuit, or forbear further Profccution, or fufter a Difcon- TreMeCofti. tinuance, or if a Verdict pafs againft him, the Defendant fhall recover treble Cofts ; for which they fliall have the like Remedy, as in any Cafe where Cofts by the Lav*' are given to Defendants. KoSoldieror XXIX. And ibr the better obviating iuch Frauds and Abufes as may be pra^lifed in difcharging ofSol- M.irine to be dicrs, It is hereby further enaded by the Authority aforefaid. That no private Sohlier who fhall be duly dif.hargedsvith- ^(^cj Jj^j-q j^j^ Majcfty's Service by virtue of this Act (during the Time fuch Soldiers fhall remain inGreat ^rlm'tt"^iAoae Britain) fhall be difchargcd from his Majelty's Service, without the Confent of the Colonel, or in his Ab- fic. ' fence, the Field Officer commanding in Chief the Regiment, firft had and obtained in Writing under their of which a Du- ^^'^"'^^ '" Seals for that Purpofe, in which Wnti/.g the Caufe of his Difcharge fhall be cxprefted, and P iiaic to be =* Duplicate or Copy of every fuch Difcharge, forthwith tranfmitted to the Secretary at War, to be by iranfmitted to him kept and entered in a Book ; or if a Marine, vvithout the Confent of the Lord High Admiral, or the tTte Sctiet.»ry at Commiffioners of tlic Admiralty for the Time being firft: had and obtained ; and any Officer that fhall yfl L I prefuivc to difcharge any Soldier inlifted puifu^nt to this Act, in any other Manner contrary to this Act, Omeerbreakme !i m ,- ,- i rir i r • i tli.kOrdcr to b- ^^'^ *^'' *"'■" Otlcncc bc caiiiiercd. XXX. And