manner as if the said acts, and every clause therein contained, had been extended and applied particularly by this act to fuch cafes, and the faid collector, or other principal officer aforesaid, fhall pay the refidue of the faid bounty, according to the directions herein-before given for payment of fuch portion thereof as aforefaid. XVI. Provided always, and be it further enacted by the authority aforefaid, That ho perfon fhall be received or inrolled in Perfons difhis Majefty's fervice by virtue of this act, who is not, in the qualified for opinion of the regulating officer or officers, fuch an able-bodied inrolment. man as is fit to ferve his Majefty, and is free from ruptures, and every other distemper, or bodily weakness or infirmity, which may render him unfit to perform his duty in the navy, or who, in the opinion of fuch officer or officers, fhall appear to be under the age of fixteen years, or above the age of forty-five years if a landman, or of fifty years if a seaman. XVII. And be it further enacted by the authority aforefaid, That the faid commiffioners for executing the office of lord high Admiralty to admiral of Great Britain for the time being, or any three or more appoint officers to futhem, fhall, and they are hereby authorifed and required, to ap- perintend the point certain officers, of the rank of poft captains, or command- admiffion and ers in his Majesty's navy, to fuperintend within fuch diftricts, entry of men, near the coafts of this kingdom, as fhall be allotted to them refpectively, the admiffion and entry of men into the fervice of the navy in pursuance of this act, under fuch regulations and rules as the faid commiffioners of the admiralty hall, from time to time, conftitute; and if any perfon or perfons who shall have been tendered to ferve his Majefty in pursuance of this act shall have been rejected by the ordinary regulating officer, and the commiffioners acting for the port where fuch man fhall be tendered fhall think themselves aggrieved thereby, fuch commiffioners may appeal to the fuperintending officer or officers, of the the rank above-mentioned, within the district where such port fhall be situate, who shall forthwith proceed to examine fuch re- who fhall dejected perfon, and to hear and determine the matter of complaint, termine apand to make fuch order therein as to him or them shall seem peals of comreasonable, which determination and order fhall be final and con- against rejec clufive to all parties; and in cafe fuch fuperintending officer fhall tion of men order fuch rejected perfon to be inrolled in his Majefty's navy, by the ordithen fuch ordinary regulating officer, fhall, without delay, on ting officers, receipt of fuch perfon, caufe him to be inrolled in manner herein- &c. before directed. miffioners nary regula XVIII. And be it further enacted by the authority aforesaid, That whenever any fuch commiffioners fhall have caufed fuch When the number of men to be inrolled in fuch fervice at any fuch port, as complete number of to complete the number of men required by this act in refpect of men h been fuch port, it fhall and may be lawful for fuch commiffioners, and inrolled for they are hereby required, by an inftrument in writing under their any port, the hands and feals, to certify the fame to the fuperintending officer commiffion or officers appointed for the diftrict where fuch port fhall be fitu- fy the fame to ate; and every fuch inftrument fhall specify the port where fuch the fuperin men ers fhall certi tranfmit the certificate to tending offi- men were fo raised, and the names, ages, places of birth or lawful cer, who fhall fettlement, and callings of them refpectively, in fuch manner as they fhall respectively be defcribed in the certificates of the commiffioners the admiralty. aforefaid, granted at the time of inrolling fuch men; and fuch officer or officers fhall, on receipt thereof, forthwith cause the fame to be tranfmitted to the faid commiffioners of the admiralty, to be laid before his Majesty in council. Commiffion. ers to enter certificates in the customs, XIX. And be it further enacted by the authority aforefaid, That the commiffioners at every port where men fhall be raised in pursuance of this act, fhall caufe to be entered an exact copy of every certificate granted by them refpectively on the inrolment a book, and to give a copy of fuch men as fhall have been raifed, with the refpective numwhen required bers thereof, as by this act directed, in a book to be kept for that by the princi- purpofe; and' fhall, when thereunto required by the collector or pal officer of other principal officer of the customs at fuch port, cause to be made out and delivered a true and exact copy thereof, ftating the tranfmit it to number of every fuch certificate; and fuch collector or other the commif- principal officer fhall forthwith, or within one month at the fioners of the fartheft, tranfmit the fame to the commiffioners of his Majefty's customs, on penalty of cuftoms in London and Edinburgh, under, whom they refpectively act, or a true and exact copy thereof, ftating the number of every certificate fo granted; and that if any fuch officer or officers fhall neglect or refufe fo to do, he or they fo offending fhall forfeit the fum of one hundred pounds. who shall Persons after to be entitled XX. And be it further enacted by the authority aforefaid, That being mufter- every perfon who fhall be brought on board any of his Majefty's ed on board, fhips of war in purfuance of this act, fhall be rated therein after to wages from palling a mufter on board the fame; and that, after being fo rated, day of inrol- every such person fhall be and is hereby declared to be entitled ment, and to to wages from the day of his inrolment in his Majefty's service, as herein-before is directed; and fhall alfo, over and above the bounty money agreed upon at the time of his inrolment, be entituled to fuch other bounty, emoluments, and advantages, as any other perfon voluntarily entering himself to ferve on board any of his Majefty's fhips of war is by law entitled unto. all emoluments, as other volun teers. tend to veffels XXI. Provided always, and be it further enacted by the auAct not to ex- thority aforefaid, That nothing in this act contained fhall extend, of his Majefty or be construed to extend, to any ship or vessel of war or other vefor the royal fel, of whatever built the fame may be, or under whatever defcripfamily, or tion the fame may fall, being the property of his Majesty or the royal family, or any of them, or any lighters, barges, boats, or veffels, of any built or defcription whatever, ufed folely in rivers or inland navigation. ufed folely in rivers or inland naviga. tion. bargo. XXII. And be it further enacted by the authority aforesaid, No fee to be That no charge or fee whatever fhall be demanded, paid, or repaid on removal of em-ceived, by any perfon or perfons, by reafon of or on the removal of the embargo laid on any fhip or veffel during the continuance of this act; any ufage or cuftom to the contrary notwithstanding. Treasury to XXIII. And be it further enacted by the authority aforefaid, iffue money That the lords commiffioners of the treasury for the time being, miffioners out are hereby authorised to iffue and cause to be advanced all fuch to the com fums of customs for charges, an fums of money to fuch refpective commiffioners, in fuch manner, of the duties and in fuch proportions, as the faid refpective commiffioners, or any five or more of them, if in London, or three or more of them payment of if in any other port, fhall by writing under their hands from account of time to time defire, out of any part of the duties of cuftoms then which fhall be in the hands of the collector or other principal officer of the cuf- laid before toms, or otherwise out of the first monies which thall afterwards within two parliament come to the hands of fuch collector or other principal officer of months if fitthe faid duties; which fums fo to be advanced fhall be employed ting, and if not, for the payment of fuch allowances, and in defraying fuch necef- within 14 days fary charges and expences in or about the execution of this act, mencen.ent of as the faid lords commiffioners of his Majefty's treafury fhall the next fcfdirect or allow, and which money fo to be advanced fhall not be fion. subject to any tax, duty, rate, or affeffinent whatsoever, imposed by authority of parliament, but that an account of the faid charges and expences fhall be laid before both houfes of parliament within two months after the expiration of the commiffion, if parliament fhall be then fitting, and if parliament fhall not be fitting, then within fourteen days after the commencement of the then next feffion of parliament. after com commiffion fors to com XXIV. And be it further enacted, That if any of the faid Majority of commiffioners named in this act, or elected commiffioners by virtue thereof, shall decline to act in the execution of the powers approbation of ers, with the hereof, or having begun to act fhall decline to act any further the treatury, therein, or fhall depart this life during the continuance of this to elect fuccefact, it fhall and may be lawful for the remaining commiffioners, miflioners deor the major part of them, acting as aforefaid at or for any fuch clining to act, port, or conftituting a board of commiffioners at fuch port, by or dying. and with the consent and approbation of the lords commiffioners of his Majesty's treasury, or any three or more of them, for the time being, to constitute and appoint fuch perfon or persons to be a commiffioner or commithiiners at fuch port for the purposes aforefaid, in the place of the commiffioner or commiffioners fo refufing to act, or declining further to act, or dying as aforefaid, as the faid acting commiffioners, or the major part of them, with fuch confent and approbation as aforefaid, fhall think fit, and fo often as such case fhall happen; and the perfon or perfons fo conftituted and appointed by the faid commiffioners, with fuch con-fent and approbation as aforefaid, having firft qualified to act by taking and fubfcribing the oath herein before provided and directed, shall be invested with the fame powers and authorities as are given or delegated by this act unto the faid commiffioners named or conftituted by this act refpectively. for diminish XXV. Provided always, and be it further enacted by the authority aforefaid, That this act, or any thing herein contained, This act not to fhall not be deemed or construed to be a precedent, on any future be a precedent occafion, to diminish or be prejudicial to the rights, liberties, cuf- ine the rights toms, privileges, immunities, and exemptions, to which the of the city of mayor and commonalty and citizens of the city of London, or the London. freemen, citizens, or inhabitants of the faid city, are entitled to VOL. XL. Penalties to toms. enjoy by prescription, act of parliament, charter, ufage, or other wife howfoever. XXVI. And be it further enacted by the authority aforefaid, That be recovered all the penalties and forfeitures inflicted and incurred by this act and applied as thofe for offen- fhall and may be fued for, profecuted, and recovered, in such courts, ces against the and be difpofed of in fuch manner, and by fuch ways, means, and laws of cuf- methods, as any penalties or forfeitures inflicted, or which may be incurred for any offence committed against the laws of cuftoms may now legally be fued for, profecuted, recovered, and dif pofed of; and that the officer or officers concerned in profecutions under this act fhall be entitled to and receive fuch fhare of the produce arifing from any pecuniary fine or penalty for any offence against this act, as any officer or officers is or are now, by any laws or regulations relative to the cuftoms, intitled to upon profecutions for pecuniary penalties. actions. XXVII. And be it further enacted by the authority aforefaid, Limitation of That no action or fuit fhall be commenced against any person or perfons acting as a commiffioner or commiffioners, for any thing done by virtue of or in purfuance of this act, until fourteen days notice thereof in writing shall have been given to fuch perfon or perfons, nor after a fufficient fatisfaction, or a tender thereof, hath been made to the party or parties aggrieved, nor after fix calendar months next after the fact committed; and every such action fhall be brought in one of the courts of record at Westminster, or in the court of exchequer in Scotland, as the cafe may require, and fhall be laid in the county where the caufe of action fhall arife, and not elsewhere; and the defendant or defendants in such acGeneral iffue. tion or fuit fhall and may plead the general iflue, and give this act and the special matter in evidence at any trial to be had thereupon, and that the fame was done in purfuance and by the authority of this act; and if the fame fhall appear fo to be done, or if fuch action or fuit fhall be brought after the time herein-before limited for bringing the fame, or fhall be brought without fourteen days notice thereof, or fhall be brought in any other county or place, or after a fufficient fatisfaction made or tendered as aforesaid, that then the jury fhall find for the defendant or defendants; or if the plaintiff or plaintiffs fhall become nonfuited or fuffer a difcontinuance of his, her, or their action or actions, or if a verdict shall pass against the plaintiff or plaintiffs, the defenTreble cofts. dant or defendants fhall have treble cofts, and shall have fuch remedy for recovering the fame as any defendant or defendants hath or have for cofts of fuit in any other cafes by law. A&t may be altered or repealed this feffion. Commiffion ers to give a XXVIII. And be it further enacted, That this act, or any of the provifions thereof, may be altered, varied, or repealed, by any act or acts to be paffed in this prefent feffion of parliament. XXIX. And be it further enacted by the authority aforefaid, That the refpective commiffioners acting under the authority of written ac- this act fall from time to time, at their difcretion, or as often as count of their they fhall be thereunto required by the lords commiffioners of the proceedings to admiralty, or any three or more of them, during their carrying the admiralty. on on any proceedings under this act, and as foon as poffible after the determination of fuch proceedings, without any further requifition, give an account of their proceedings, in writing, to the faid commiffioners of the admiralty. XXX. Provided always, and be it further enacted by the au- to bring him to trial; and if any fuch officer fhail wilfully neglect Penalty on of- taken out of XXXI. And be it further enacted by the authority aforefaid, That no person who fhall be inrolled in his Majefty's fervice by No perfon invirtue of this act, fhall be liable to be taken out of his Majesty's rolled to be fervice by any process whatever, other than by fome criminal the fervice but procefs, for fome criminal matter punishable by the known laws for a criminal of the land. matter. charge of vef XXXII. And be it further enacted by the authority aforefaid, That the inftrument hereby directed to be made out by fuch Inftruments commiffioners for the difcharge of fhips or veffels from the requi. for the dif fitions of this act, and the certificates to be given on the inrol- fels from the ment of any man in his Majefty's fervice, in purfuance of this requifitions of act refpectively, may be in the form following; (videlicet), this act, and • To |