fhall execute any power or authority by this act given to comor millioners as aforesaid.

:

1

XXVIII. And be it further enacted by the authority afore- Limitation of hid, That if any action, plaint, fuit or information, shall be actions. commenced or profecuted against any person or perfons, for what he or they shall do in pursuance or execution of this act, the fame thall be commenced within fix months after the offence committed, and such person or persons so sued in any court -whatsoever, shall and may plead the general issue Not guilty, General iffue. and upon any issue joined, may give this act and the special matter in evidence; and if the plaintiff or profecutor shall become nonfuit, or forbear further prosecution, or fuffer a disconLinuance, or if a verdict pass against him, the defendant shall recover treble costs; for which they shall have the like remedy, as Treble cofls. in any cafe where costs by the law are given to defendants.

!

No foldier or

tificate from

XXIX. And for the better obviating fuch frauds and abufes as may be practised in discharging of foldiers; it is hereby fur- marine to be ther enacted by the authority aforesaid, That no private foldier difcharged who thall be duly listed into his Majesty's service by virtue of without a certhis act (during the time such foldier shall remain in Great Bri- his colonel, tai) thall be difcharged from his Majesty's service, without the &c. confent of the colonel, or in his absence, the field officer commanding in chief the regiment, first had and obtained in writing under their hands and feals for that purpose, in which writ- of which a ing the cause of his discharge shall be expressed, and a duplicate duplicate to or copy of every such discharge, forthwith tranfinitted to the betranfmitted fecretary at war, to be by him kept and entered in a book; or if to the fecremarine, without the consent of the lord high admiral, or the tary at war. commiffioners of the admiralty for the time being first had and Officer breakobtained; and any officer that shall presume to discharge any fol- ing this order, dier inlifted pursuant to this act, in any other manner contrary to to this act, shall for fuch offence be cashiered.

to be cathier

ed, if they de

XXX. Provided always, and it is hereby enacted, That every Impressed men person who shall be impressed upon on this act, after he shall have after five continued in the military service of his Majesty, his heirs and years fervice, fucceffors during the space of five years, if the war shall then be to be difcharg ended, or otherwise at the end of the war, shall be at liberty if mand it. he think fit to demand his discharge from the colonel, or in his ablence, the officer commanding the regiment or company to which he shall belong, and such difcharge shall be granted to him gratis in writing under the hand of fuch colonel or officer, who is hereby impowered and required to give the fame accordingly; any thing herein contained to the contrary notwith

ftanding.

XXXI, And be it further enacted, That the faid feveral Clerks to be clerks to the faid commissioners, provided the faid copies or du- rewarded for plicates be duly transmitted into the office of the admiralty, or their trouble, lecretary at war, as aforesaid, shall have and receive by the hands in transmitof the paymasters of his Majesty's land forces and marines, or plicates. one of them, fuch rewards as the lord high treasurer or commiffioners of the treasury for the time being, upon confideration of

C3

the

ting the du

His Majefty,

may fufpend

by proclamation &c. the execurion of

this act;

or may fufpend or in force the act, in any county

or place.

Persons em

ployed in the execution of

this act, exempted from

the penalties of act 25 Car.

2. C. 2.

the numbers of men listed in the several counties, cities, boroughs, or other places, and the pains and charges of the feveral clerks in this fervice, shall judge the faid clerks severally and respectively to deserve.

XXXII. Provided always, That his Majesty, when he shall be fatisfied by the faid returns of the commiffioners, or otherwife, that a fufficient number of recruits in the whole shall be raised for his present service, may be graciously pleased to fufpend or stop the further execution of this act by proclamation, or order in council, or other publick notice in the London Gazette; any thing herein contained to the contrary notwithstanding.

XXXIII. Provided also, That his Majesty, when he shall judge it expedient for his service, may at any time suspend or enforce the execution of this act, in any county or place of Great Britain, by notice from his Majesty's secretary at war; any thing herein contained to the contrary notwithstanding.

XXXIV. Provided always, and be it further enacted by the authority aforesaid, That no commissioner, churchwarden, overfeer, conftable, headborough, tythingman, or other parish or town officer, who shall be employed in the execution of this act, shall be liable for or by reason of such execution, to any of the penalties mentioned in an act made in the twenty fifth year of the reign of King Charles the Second, For preventing dangers which may happen from popish recufants; or in one other act made 1 W. & M. in the first year of the reign of King William and Queen Mary, intituled, An act for abrogating the oaths of allegiance and fupremacy, and appointing other oaths; or in one other act made in the parliament holden in the thirteenth and fourteenth years of the reign of the late King William the Third, intituled, An att for the further security of his Majesty's perfon, and the fucceffion of the crown in the protestant line; and for the extinguishing the hopes of the pret nded prince of Wales, and all other pretenders, and their open and fecret abettors.

seff. 1. c. 8.

and 13 & 14 W. 3. c. 6.

XXXV. Provided always, and be it enacted, That no person or persons hereby appointed to be a commiffioner or commiffioners for any county, riding, city, borough, cinque port or place, of England, Wales, or Berwick upon Tweed (except fuch as duly qualified themselves to be justices of the peace, or commiffioners for executing the said act for the land tax made and paffed in the twenty eighth year of his present Majesty's reign, or any fubfequent act or acts of parliament for that purpose) thall be capable, in England, Wales, or Berwick upon Tweed, of acting as a commiffioner or commiffioners in the execution of this act, or executing any the powers of the commiffioners therein mentioned (unless it be the power hereby given of adminiftering oaths) until such time as he or they refpectively shall have taken the oaths appointed by an act of parliament made in the first year of the reign of King William and Queen Mary, intituled, An act for the abrogating the oaths of fupremacy and allegiance, and appointing other oaths; and alfo in the faid act, intituled,

fioners in Scot

led, An act for the further security of his Majesty's person, and the fucceffion of the crown in the protestant line; and for extinguishing the bopes of the pretended prince of Wales, and all other pretenders, and their open and secret abettors; which oaths it shall and may be nor commif-1 lawful to and for any two or more of the said commissioners to land, till they adminifter, and they are hereby required to administer the fame have qualified to any other of the faid commissioners; and that no person or themselves as persons hereby appointed to be a commissioner or commiffioners the laws there for any part of Scotland (except fuch as duly qualified themselves, direct. according to the laws of Scotland, to be commiffioners there for executing the faid act for the land tax made and passed in the twenty eighth year of his present Majesty's reign, or any subsequent act or acts of parliament for that purpose) shall be capable of acting as a commiffioner or commiffioners in the execution of this present act in any part of Scotland, until fuch time as he or they respectively shall have duly qualified themselves according to the laws of Scotland for that purpose.

XXXVI. Provided always, and be it enacted, That if any Commiffionperson hereby appointed a commiffioner for any county, city, Ima acting beers in Engtown or place, in England, Wales, or Berwick upon Tweed (ex-fore they have cept as before excepted) shall presume to act as a commissioner taken the in the execution of this act, before he shall have taken the faid oaths, oaths which by this act he is required to take, and in the manner hereby prescribed, he shall forfeit to his Majesty the sum of two hundred pounds, to be recovered by action of debt, or on forfeit 200 1. the cafe, bill, fuit or information, in any of his Majesty's courts of record at Westminster, wherein no essoin, protection, wager of law, or more than one imparlance shall be allowed; and that if any perfon hereby appointed a commiffioner for any shire, stewartry, burgh or place in Scotland (except as before excepted) shall prefume to act as a commiffioner in the execution of this act, before that he shall have qualified himself according to the laws in Scotland, he shall forfeit to his Majesty the fum of fifty and commifpounds, to be recovered in the court of exchequer in Scotland, fioners in Scotin the fame manner as any other penalties are there recoverable land, 50 1.

XXXVII. Provided also, That in cafe there shall not be a Commiffion. sufficient number of commissioners for any city, borough, town, ers for the port or place of Great Britain (for which by this act commif-county, at fioners are specially appointed) capable of acting according to the large, &c. may act for respective qualifications required by this act, then and in every any city, &c. fuch cafe, any the commiffioners appointed for the county, shire or stewartry at large, within which such city, borough, town or place doth stand, or which is next adjoining thereto, may act as commiffioners in the execution of this act, within fuch city, borough, town, port or place; any thing herein contained to the contrary notwithstanding.

ers for coun

XXXVIII. Provided always, and be it enacted by the autho-Qualification rity aforesaid, That no commiffioner of the land tax, not being or commiffiona justice of the peace, or a magiftrate of a corporation or a bo-ties at large rough, shall be capable of acting as a commiflioner in the exe- within Engcution of this act, or of any of the powers therein contain-land.

C4

ed,

ed, in or for any county at large within England, the dominion of Wales, (the counties of Angleysey, Merioneth, Cardigan, Caermarthen, Glamorgan, Montgomery, Pembroke, Caernarvon and Monmouth excepted) or in or for any of the ridings in the county of York, unless fuch person by himself, or his tenants or trustees was taxed, or did pay in the same county or riding, for the value of one hundred pounds per annum or more of his own estate, by virtue of the said act, for the land tax made and passed in England in the twenty eighth year of his Majesty's reign, or any subsequent act or acts of parliament for that purpose, or unless such person so appointed to be a commiffioner, shall at the time of the execution of this act, by himself, his tenants or trustees, enjoy an estate of lands, tenements or hereditaments, of the faid yearly value of one hundred pounds or more within the faid county or riding respectively; any thing herein contained to the contrary notwithstanding.

Persons difXXXIX. And it is hereby further enacted, That if any perabled presum-fon intended by this act to be disabled for the cause last-mening to act, forfeit 50 1.

Commiffion

ers may act for

any city, being inhabitants, or inns of corrt.

tioned, shall nevertheless presume to act as a commissioner in the execution of this act, or any of the powers therein contained, every fuch person for fuch offence, shall forfeit the fum of fifty pounds, to any person or persons who will inform or fue for the fame, to be recovered in any of his Majesty's courts of record at Westminster, or in the Exchequer of Scotland as aforefaid.

XL. Provided nevertheless, and it is hereby enacted, That no person who is appointed to be a commiffioner for executing this act in any part of Great Britain, shall be disabled for the cause last-mentioned from acting as a commiffioner, within and for any city, borough, cinque port, or corporate town only, whereof he shall be an inhabitant at the time of the execution of this act, or from acting as a commissioner within any of the inns of court or inns of Chancery.

XLI. And whereas some doubts may arife whether mayors, bailiffs, and other chief magistrates of cities, boroughs, towns corporate and cinque ports, for which commiffioners are specially appointed by virtue of this act. can act as commissioners for executing this att in the faid cities, baroughs, towns corporate and cinque ports; be it further enacted by the authority aforesaid, That all mayors, bailiffs, and

Mayors, bailiffs, &c. to other chief magistrates who are appointed commiffioners for exact as commif- ecuting this act, shall be, and have power to act as commissionfioners special- ers for executing this act, within and for any city, borough, ly appointed. town corporate or cinque port, wherein they inhabit at the time of executing this act, as well where commiffioners are specially appointed by this act, as where they are not.

XLII. And whereas it may often be expedient for bis Majesty's Service, that the commissioners hereby appointed, shall execute this act in cities, towns, or other places, when it may not be convenient to enforce the execution thereof through the county in which fuch city, town or place shall be respectively fituate; be it therefore enacted by the authority aforesaid, That the mayor or other chief magiftrate

citrate of every city, town or place, shall (upon receiving no- Civil magiice for that purpose from the fecretary at war) immediately pro- strate, upon notice from cred to put this act in execution within their respective jurisdic- the secretary cons, in the fame manner to all intents and purposes, as if fuch at war, to enmayor, or other chief magiftrate, had received such notice from force this act the theriff of the county in which such city, town or place shall within his juse respectively fituate; any thing in this act contained to the

contrary notwithstanding.

rifdiction.

XLIII. And it is hereby provided and enacted, That no bai - Bailiffs foliff's follower or assistant, employed or belonging to any sheriff, lowers and afsistants, &c. seliff of liberties, marshalsea court, or any other perfon or per- not exempted ds that thall be fo employed, by any one that shall have the by this act. cower of executing any warrant or process whatsoever, shall be deemed thereby to follow or exercise any calling or employment, or to have a fufficient support and maintenance within the inzat and meaning of this act.

XLIV. And forafmuch as great inconveniencies may happen by imtring men, during the time of harvest; be it therefore enacted Labourers, ts the authority aforesaid, That from and after the twenty fifth having proper

certificates,

time.

day of May one thousand seven hundred and fifty seven, until not liable to The twenty fifth day of October following, no harvest labourer, be impressed er perfon working at hay harvest or corn harvest work within in harvest the time aforesaid, within the kingdom of Great Britain, shall te imprefsed by virtue of this act, but shall be free and exemptod from the fame during the time aforesaid, provided they have a certificate under the hands of the minifter, and of one churchwarden or overfeer of the poor, or elders of the parish or place where they live, allowed under the hand and feal of one juftice of the peace of the fame county, shire, stewartry, riding, city or place, which certificate shall be given gratis.

XLV. And for the more easy and better putting this att in execu; be it enacted by the authority aforesaid, That any three or Commissionmore commiffioners for putting this act in execution, in the fe- ers for exe. seral ridings of the county of York (being justices of the peace) cuting this act hough not all of the fame riding, may, within the castle of castle of York.

within the

or limits thereof, execute the powers of this act. XLVI. And whereas divers foldiers who have deferted his Majefervice, bave been harboured in a certain place called Threapwood, fying within or near the counties of Chester and Flint, or ve of them, and adjoining to the town of Cuddington in the faid Granty of Chefter; be it further enacted by the authority afore- Commiffionbad, That the commissioners hereby appointed for the county of ers for exeVeler, and the officers of the said town of Cuddington, shall cuting this act in Threaptrecute this act in the faid place called Threapwood, according wood. to the true intent and meaning thereof.

XLVII. And be it further enacted by the authority aforesaid, Officer not atThat if at any of the meetings of the commiffioners by this act tending to reppointed, in any of their fub-divisions, they thall not be at- Commiffionded by fome proper officer appointed for the receiving of re- ers may adits, either through negligence or any unavoidable accident, journ, and orthen and in that cafe, it shall and may be lawful to and for the der the defaid tention of the