Conftables,

ferters to be

fhore in any fuch part of Great Britain aforefaid, fhall fuffer death, or fuch other punishment as by a court martial shall be inAlicted; and fuch perfon or perfons, being apprehended or in cuftody for fuch offence, fhall and may be conveyed on board any of his Majefty's ships of war in commiffion, at any of the ports of this kingdom, and there detained and tried for fuch offence, in fuch manner and by fuch court, as if such offence had been committed on board, or from on board fuch fhip of war.

XXVI. And it is hereby further enacted, That it shall and may be &c. may caufe lawful to and for the conftable, headborough, or tything man of fufpected de- the town or place where any perfon inrolled by virtue of this act, apprehended, who may be reasonably fufpected to be fuch a deferter, fhall be and if magif- found, to apprehend or caufe him to be apprehended, and to caufe trates find fuch person to be brought before any juftice of the peace living in them to have or near fuch town or place, who is hereby empowered and rebeen inrolled they fhall quired to examine fuch perfon; and if by his confeffion, or the commit them, teftimony of one or more witness or witneffes upon oath, or by and tranfmit the knowledge of fuch juftice of the peace, it fhall appear or be an account to found that fuch perfon is a perfon duly inrolled in his Majefty's ferthe admiralty. vice by virtue of this act, fuch juftice of the peace fhall forthwith

Gaolers to receive fubfiftence of defer

ters, but no fee,

of the land tax

caufe him to be conveyed to the gaol of the county or place where he fhall be found, or to the houfe of correction, or other publick prifon, in fuch town or place where fuch deferter fhall be apprehended, or to The Savoy, in cafe fuch deferter shall be apprehended within the cities of London or Westminster, or places adjacent, and tranfmit an account thereof to the fecretary of the admiralty for the time being, to the end fuch perfon may be proceeded against according to law; and the keeper of fuch gaol, houfe of correction, or prifon, fhall receive the full fubfiftence of such deferter during the time he fhall continue in his cuftody, for the maintenance of fuch deferter, but fhall not be entitled to any fee or reward on account of the imprisonment of any fuch deferter; any law, ufage, or cuftom, to the contrary notwithstanding.

XXVII. And, for the better encouragement of any person or perfons to fecure and apprehend fuch deferter, be it further enJuftices to or- acted by the authority aforefaid, That fuch justice of the peace der 20s. out fhall alfo iffue his warrant in writing to the collector or collectors money to the of the land tax money of the parish or township where fuch deferapprehender ter fhall be apprehended, for paying, out of the land tax money of a deferter. arifen or to arife in the year one thousand seven hundred and ninety-five, into the hands of fuch perfon or perfons who shall apprehend or caufe to be apprehended any fuch deferter from his Majefty's fervice, the fum of twenty fhillings for every fuch deferter that fhall be fo apprehended and committed; which fum of twenty fhillings fhall be fatisfied by fuch collector or collectors to whom fuch warrant fhall be directed, and allowed upon his or their account.

Penalty for concealing

deierters.

XXVIII. And be it further enacted, That if any perfon fhall harbour, conceal, or affift, any deferter from his Majefty's faid naval fervice, knowing him to be fuch, every fuch perfon fo offend ing fhall forfeit for every fuch offence the fum of five pounds;

and

and upon conviction by the oath of one or more credible witness or witneffes before any one or more of his Majefty's juftices of the peace, the faid penalties fhall be levied, by warrant under the hands of the faid juftice or juftices of the peace, by diftrefs and fale of the goods and chattels of the offender, one moiety of the faid penalty to be paid to the informer by whofe means fuch defer- Application of ter fhall be apprehended, and the refidue of the faid refpective the penalty. penalties to be paid to the officer to whom any fuch deferter did

for three

or doth belong, to be credited by him in his accounts; and in Offenders not having fufficicafe any fuch offender, who shall be convicted as aforefaid of har- ent diftrefs, or bouring or affifting any fuch deferter or deferters, contrary to the not paying intent of this act, fhall not have fufficient goods and chattels penalty, may whereon diftress may be made to the value of the penalties reco- be committed vered against him for fuch offence, or fhall not pay fuch penalties within four days after fuch conviction, then and in fuch case fuch justice or juftices fhall and may, by warrant under his or their hand and feal, or hands and feals, commit fuch offender to the common gaol, there to remain without bail or mainprize for the fpace of three months.

XXIX. And whereas there may be occafion for the quartering of the men inrolled by virtue of this act, in feveral parts of this kingdom,

months.

rines.

be it further enacted by the authority aforefaid, That it fhall and Men inrolled may be lawful to quarter and billet the men inrolled in his Ma- may be biletjeffy's fervice, by virtue of this act, while on fhore, (except in the ted as the macity and county of the city of London aforefaid), in fuch manner, and at fuch times and places refpectively, and under fuch and the like powers, rules, regulations, reftrictions, and provifions, as his Majefty's marine forces may be quartered and billetted, by an act paffed in the laft feffion of parliament, intituled, An act for the regulation of his Majefty's marine forces while on foore, or by any other act then in force for the regulation of his Majesty's faid marine forces.

outh, or counterfeiting cer

turns, &c.

XXX. And be it further enacted by the authority aforefaid, That if any person or perfons fhall falfely make oath to any of the Penalty for matters herein-before required to be verified, fuch perfon or per- making falfe sons shall suffer the like pains and penalties as are incurred by perfons committing wilful and corrupt perjury; and that if any per- tificates of re fon or perfons shall counterfeit, erafe, alter, or falfify any certificate or return required or directed to be given or made by this act, or shall knowingly or wilfully make ufe of any certificate or return fo counterfeited, erafed, altered, or falfified, fuch perfon or perfons fhall for every fuch offence forfeit the fum of five hundred pounds.

XXXI. Provided always, and be it further enacted by the authority aforefaid, That if any perfon inrolled in his Majefty's Perfons accuffervice by virtue of this act fhall be accused of any capital crime, ed of offences or of any violence or offence against the perfon, eftate, or pro- faw, fhall be punishable by perty, of any of his Majefty's fubjects, which is punishable by the delivered over known laws of the land, the officer or officers having the com- to the civil nand of fuch party is and are hereby required to ufe his and their magiftrate. tmoft endeavours to deliver over fuch accufed perfon to the civil

64

magiftrate,

ficers not delivering over

fuch offenders,

&c.

magiftrate, and fhall also be aiding and affifting to the officers of justice in feizing and apprehending fuch offender, in order to Penaly on of- bring him to trial; and if any fuch officer fhall wilfully neglect or refufe, upon application made to him for that purpose, to deliver over fuch accufed pèrfon to the civil magiftrate, or to be aiding and affifting to the officers of juftice in the apprehending fuch offender, every fuch officer fo offending, and being thereof convicted before any two or more juftices of the peace for the county, riding, or divifion, where the fact is committed, by the oath of two credible witneffes, fhall be utterly difabled to have or hold any civil or military office or employment within this kingdom, or in his Majefty's fervice, provided the faid conviction be affirmed at the next general quarter feffions of the peace for the faid county, and a certificate thereof be tranfmitted to the commiffioners of the admiralty for the time being.

XXXII. And be it further enacted by the authority aforefaid, No perfon in- That no perfon who fhall be inrolled in his Majefty's fervice by rolled fhall be virtue of this act shall be liable to be taken out of his Majesty's the fervice but fervice by any process whatever, other than by fome criminal pro for a criminal cefs, for fome criminal matter punishable by the known laws of the land.

taken out of

matter.

Inrolments,

XXXIII. And be it further enacted by the authority aforefaid, That the feveral forms of inrolment and of the returns which returns, &c. the justices of the peace, and other officers before-mentioned, in the foilow- are required to caufe to be made and returned of the number of ing form. men levied for his Majefty's fervice, together with the other particulars herein-before directed, fhall be made as follows;

fhall be made

Juftices may

between maf

XXXIV. And be it further enacted, That if any fervant

fettle difputes whatever, hired by the year or otherwife, fhall be inrolled, and ters and hired any difpute fhall arife between his mafter or miftrefs, employer fervants in- or employers, and fuch fervant, touching any fum or fums rolled,refpect of money due to fuch fervant for or on account of his fervice ing wages, &c.

performed

performed before the time of fuch inrolment, or to fuch time as he fhall be obliged to quit the fervice of his faid mafter or mistress, employer or employers, it fhall and may be lawful, on complaint made thereof to any juftice of the peace for the county, riding, city, liberty, town corporate, or place where fuch mafter or miftrefs, employer or employers, fhall inhabit, for fuch justice to bear and determine every fuch complaint, and to examine upon oath every fuch fervant or any other witnefs or witnefles, touching the fame, and to make fuch order for the payment of so much wages to fuch fervant, in proportion to the fervice he has performed, as to fuch justice fhall feem juft and reafonable; and in cafe of refufal or nonpayment of any fums fo ordered, by the space of feven days next after fuch determination, fuch justice fhall and may iffue forth his and their warrant to levy the fame by distress and fale of the goods and chattels of fuch mafter or mistress, employer or employers, rendering the overplus to the owner or owners, after payment of the charges of fuch diftrefs and fale.

XXXV. Provided alfo, and be it further enacted by the authority aforefaid, That this act, or any thing herein contained, This act not · fhall not be deemed or conftrued to be a precedent on any future to be a preceoccafion to diminish or be prejudicial to the rights, liberties, dent for dimi. nishing the cuftoms, privileges, immunities, and exemptions, to which the rights of the mayor and commonalty, and citizens, of the city of London, or city of Lonthe freemen, citizens, or inhabitants of the faid city, are entitled don. to enjoy by prefcription, act of parliament, charter, ufage, or otherwife howsoever.

XXXVI And be it further enacted, That all fines, penalties, How fines and forfeitures by this act impofed, which fhall exceed the fum may be recoof twenty pounds, (except the fines to be levied for not raifing vered, and how applied. the proportion of men as herein-before is directed), fhall be recovered by action of debt, bill, plaint, or information, in any of his Majefty's courts of record at Westminster, or the courts of great feffion in the principality of Wales, or the courts of the counties palatine of Chefter, Lancaster, and Durham, (as the cafe fhall\ require), wherein no effoin, privilege, protection, wager of law, or more than one imparlance, fhall be allowed; and that all fines, penalties, and forfeitures, by this act impofed, which fhall not exceed the fum of twenty pounds, fhall, upon proof upon oath of the offence before any two or more juftices of the peace of the county, riding, or place, where the offence fhall be committed, be levied by distress and fale of the offender's goods and chattels, by warrant under the hands and feals of fuch juftices, rendering the overplus (if any) on demand, after deducting the charges of fuch diftrefs and fale, to the person whofe goods and chattels shall have been fo diftrained and fold; and for want of fufficient diftreis fuch juftices are hereby required, in all cafes where no particular time of commitment is herein-before directed, to commit fuch offender to the common goal of the county, riding, or place, where the offence fhall have been committed, for any time not exceeding three months; and the money arifing by all fuch fines, penalties, and forfeitures, the application whereof is not other

Noorder to be

Certiorari, nor

wife particularly directed by this act, fhall be paid, one moiety thereof to his Majefty, his heirs and fucceffors, and the other moiety thereof, with full cofts of fuit, to him or them that will inform or fue for the fame.

XXXVII. And be it further enacted, That no order or conremoved by viction made by any juftice or juftices of the peace by virtue of any writ to fu- this act fhall be removed by Certiorari into any court whatsoever; percede exe and that no writ of Certiorari fhall fuperfede execution, or other proceedings upon any fuch order or conviction fo made in purfuance of this act, but that execution and other proceedings shall be had and made thereupon; any fuch writ or writs, or allowance thereof, notwithstanding.

cution.

ons, conftables, &c. to receive fuch

rewards as the

rect payment.

XXXVIII. And be it further enacted by the authority aforeClerks of the faid, That the refpective clerks of the peace, treasurers, clerks peace, treafurers, clerks of juftices at petty feffions, conftables and other officers, who are of petty feffi- hereby refpectively required to execute this act in any of the particulars herein mentioned, and who shall respectively execute the fame to the fatisfaction of the juftices of the peace at their refpective quarter feffions affembled within the faid counties, ridings, juftices fhall divifions, cities, towns, cinque ports, liberties, and places herein judge proper, mentioned, fhall have and receive fuch rewards, and no other, who fhall di- (except fuch rewards as fhall be directed to be paid to any perfon for his pains or charges in raifing fubftitutes as herein before directed), for their care and trouble in and about the executing of this act, and for their respective expences and charges in the fame, as the faid juftices fhall judge the faid officers to have deserved, and the faid juftices fhall, after allowance thereof, direct the fame to be paid by the treasurer or other officer of such county, riding, or divifion, out of any money in his hands of the county rates; and if fuch treasurer or officer fhall not have fufficient money in his hands of the county rates to pay the fame, then fuch juftices fhall, and are hereby authorised and required to make a rate for the payment of the fame, in fuch manner and form as they are authorised by law to make rates for the repair of gaols or county bridges, or any other purposes for which the rate commonly called The county rate is or may by law be applicable.

If treasurer

fhall not have fufficient of the county rates to pay

fuch reward, the juftices may make a rate.

XXXIX. Provided always, and be it further enacted, That If a place united with any if any district, town, liberty, or place, which is hereby united county is not with any county for the purposes of this act, is not liable to fuch liable to pay county rate, then the faid juftices hereby appointed for the carrying county rates, into execution the purposes of this act, fhall, and they are hereby the juftices fhall afcertain authorised and required jointly to ascertain the proportions of fuch rate which ought to be defrayed by fuch diftrict, town, liberty, tion which it or place, according to the number of inhabited houfes paying ought to pay taxes within the fame, and the amount so ascertained shall be levied within such district, town, liberty, or place, by the juftices thereof, by a rate in the fame manner as any juftices might in a county levy money for county purposes.

the propor

Limitation of actions.

XL. And be it further enacted, That if any action shall be brought against any perfon or perfons, for any thing done in purfuance of this act, fuch action or fuit fhall be commenced within