pound-rate to be affeffed upon and paid by such persons, and in fuch proportions as they are chargeable to the militia, according to fuch directions as fhall be given, from time to time, by the faid respective lieutenants, or their deputies, or any two or more of them, who are hereby impowered and required to make and levy, and to cause to be made and levied fuch affeffment, under the like penalties and forfeitures, and by the like ways. and means, as the commiffioners appointed in an act of this prefent feffion of parliament, for collecting the land-tax granted to his Majefty, are impowered to make and levy the affeffment for the faid land-tax.

Accoutre

arms to be

III. And whereas the arms and accoutrements directed to be provided for horfe and foot foldiers of the militia, by former acts of ments and parliament, are in a great measure become ufelefs; be it further en- pcovided. acted by the authority aforefaid, That it shall and may be law- By 9 Geo. 1. ful for the feveral lieutenants, and their deputies, in that part c. 8. 1. 7. the lieutenants, &c, of Great Britain called England, to caufe and oblige the feveral Shall appoint perfons chargeable to the militia, to provide for every horfe and the length, &c. horfeman, a broad sword, a cafe of piftols, the barrels whereof of the muskets, to be twelve inches long, and a carabine with belt and bucket, &c. a great faddle or pan with burrs and ftraps, a bitt and bridle with pectoral and crupper; and for every foot foldier a mufket, the barrel whereof to be five foot long, the gage of the bore for bullets of twelve to the pound, with a bayonet to fix on the muzzle théreof, a cartouch-box, and a fword, under the fame penalties, and by the fame ways and means, as they might have compelled the faid perfons to have provided arms before for their foldiers, by virtue of any former act or acts, any thing in any former act or acts to the contrary notwithstanding.

to account for

IV. Provided always, and be it enacted, That fuch money as Receivers of hath been or shall be raised as for trophy-money, by virtue of trophy-money any law relating to the militia of England, the perfon or per- the fame. fons receiving the fame fhall and are hereby required to account for the fame, before the juftices of the peace at fome general quarter feffions of the peace in the respective county, riding, divifion, city or place, (that is to fay) For fuch money as is already received on or before the first day of February next, and for fuch monies as fhall be received hereafter, within twelve inonths after the receipt thereof, and to pay the balance which fhall be found due by the juftices on fuch account within the space of one month then next ensuing, to the treasurer or treafurers, clerk or clerks, for the time being, appointed to receive and pay the monies to be levied by virtue of any the faid acts relating to the militia, or in default thereof the perfon or per- Penalty for fons fo receiving fuch money fhall forfeit and pay treble the fum not accountunaccounted for or unpaid, the one moiety to the use of the re- ing. spective county, riding, divifion, city or place, as such justices fhall appoint, the other moiety thereof to fuch perfon or perfons as fhall fue for the fame, by action of debt, bill, plaint or information, in any of his Majefty's courts of record at West

minster,

Treasurers to

minfter, wherein no protection, effoin or wager of law fhall be allowed, nor any more than one imparlance.

V. And be it enacted by the authority aforefaid, That fuch give fecurity. person or persons who fhall be appointed treasurer or treasurers, to receive and pay the monies to be levied by virtue of this act for the use of the militia, fhall within three months after his or their faid appointment, give such security for the due execution of the faid office before three or more deputy lieutenants of the respective county, riding, divifion, city or place, as shall be by them approved; and fuch perfon or perfons as are already appointed treasurer or treasurers for the faid purposes, fhall give the like fecurity on or before the first day of November, one thousand seven hundred and fifteen.

Penalty of refufing to deliver them.

VI. And whereas fince the thirteenth day of February which was in the year of our Lord one thousand fix hundred and eighty eight, feveral clerks have been employed under the lieutenants, or their deputy lieutenants, in affairs relating to the militia, which clerks or others have in their hands or power respectively, feveral books or other papers concerning the fame, and which are or may be of ufe in execution of the powers contained in this act: be it therefore enacted Former clerks, by the authority aforefaid, That it shall and may be lawful to &c. to deliver and for the lieutenants, and the deputy-lieutenants of any counbooks, &c. ty, city, riding, town or place in England, Wales, or Berwick upon Tweed, or any two or more of them, upon information that any fuch books or papers are in the hands or power of any fuch former clerk or other perfon, to iffue their warrant, requiring fuch former clerk or other person or persons, to deliver the fame to fuch clerk or person as in such warrant or warrants shall be named; and if fuch former clerk or person so required fhall refuse or neglect to deliver such book or books, paper or papers, according to fuch warrant, within ten days after fuch demand thereof, or do not within ten days after fuch demand make oath before fome juftice or juftices of the peace, affirming, that fuch book or books, paper or papers, are not in his, her, or their power, or if fuch clerk or perfon, being a Quaker, do not make an affirmation to the fame purpose, which oath and affirmation shall be delivered to the lieutenant, or deputy lieutenants who sign the said warrants, or one or more of them, then every fuch person so refusing or neglecting fhall forfeit the fum of one hundred pounds, the one moiety to the ufe of the respective county, riding, divifion, city or place, in fuch manner as fuch justices fhall appoint, the other moiety to the perfon or persons who fhall fue for the fame, by action of debt, bill, plaint or information, in any of his Majesty's courts of record at Westminster, wherein no protection, effoin, wager of law, nor any more than one imparlance fhall be allowed.

Warden, &c. of cinque

ports fhall

VII. Provided always, and be it enacted by the authority aforefaid, That the lord warden of the cinque-ports, two ancient have the fame towns, and their members, and in his abfence his lieutenant or powers as lieu- lieutenants, hall and may put in execution within the faid ports, towns and members, all the powers and authorities given and

tenants of

counties.

granted

granted by this act, and to execute and perform all and every the things therein contained, in the like manner as the refpective lieutenants of the counties, and their deputies may do; and Inhabitants of that the inhabitants of the faid ports, towns and members, be- the cinqueing in regard of their fituation on the fea-coaft, charged with a ports fhall not be charged in greater proportion of arms and armed men than other parts of the counties the kingdom, fhall not be charged with arms or armed men in for their ethe counties adjacent for their eftates there lying, fave only for states there. fuch proportion as they are liable unto, and either are not, or fhall not be charged with within the faid ports, towns and members; any thing in this act contained to the contrary in any wise notwithstanding.

not take away

VIII. Provided nevertheless, That nothing in this act con- This act fhall tained shall extend to take away any right of the lieutenants of the right of the city of London, of affeffing, levying and collecting of all rates the lieutenants and affeffinents upon the inhabitants of the said city, and the of London; liberties thereof, or any other right or power which is now vest

ed in the lieutenants of the faid city by any former act or acts of parliament.

IX. Provided nevertheless, That nothing in this act contain- Nor charge

one month's

ed fhall extend or be conftrued to extend to make any person any perfons chargeable to the militia, that is not already chargeable by law not already to the fame, or to enlarge the power of the lieutenants, or their chargeable, deputies, in any kind beyond the authority already given them nor enlarge the power of by the acts of the thirteenth, fourteenth and fifteenth years of lieutenants. King Charles the Second relating to the militia, faving only in the particular cafes exprefly directed and provided for by this prefent act; and that no perfon who is by this act chargeable to the No perfon to militia, shall be obliged at any time or times hereafter to advance advance above more than one month's pay to any horse or foot foldier, till fuch pay. time as the month's pay by fuch county, city, riding or place, fo to be advanced, fhall have been repaid and made good to fuch county, city, riding or place, by his Majefty, his heirs or fucceffors, out of his or their publick treasury or revenue. X. Provided always, That the power and authority hereby Part of the act given to raise, draw out or march part of the militia of any five years, &c. county, city or place, fhall have continuance only for and dur ing the space of five years, and from thence to the end of the then next feffion of parliament. By 9 Geo. I. c. 8. f.6. This act is revived for seven years. See 9 Gea. 1. c. 8. f. 7. et vide ftatutes Geo. 2. and Geo. 3.

to continue for

3

CAP.

10 Ann. c. 16.

How broad

CAP. XV.

An act to make an act of the tenth year of her late Majefty, intituled, An act for regulating, improving and encouraging of the woollen manufacture of mixt or medley broad-cloth, and for the better payment of the poor imployed therein, more effectual for the benefit of trade in general; and alfo to render more effectual an act of the Seventh year of her faid Majesty's reign, intituled, An act for the better afcertaining the lengths and breadths of woollen cloth made in the county of York.

WHEREAS an act passed in the tenth year of her late Majefty's reign, intituled, An act for regulating, improving and encouraging the woollen manufacture of mixt or medley broad-cloth, and for the better payment of the poor imployed therein, hath proved ineffectual to prevent the abufes committed in making and measuring the faid cloth, to the great difreputation of the faid manufacture abroad, and difcouragement of the good makers and fair dealers therein; for remedy whereof, be it enacted by the King's moft excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this present parliament affembled, and by the authority of the fame, That from and after the twentieth day of September one cloth fhall be thousand feven hundred and fifteen, all mixt or medley broadmeasured. cloth shall at the inftance and request of any buyer, for proof thereof, be put into water, (as by ancient custom they ufually were) and then measured by any two indifferent persons to be appointed and chofen, one by the buyer, and another by the feller of the faid cloth, and in cafe they difagree in afcertaining the length and breadth of the faid cloth, then the faid admeasurement shall be made by a third perfon, chofen and nominated by the faid two perfons appointed as aforefaid; and in cafe the said two perfons shall neglect or refufe, within the space of two hours, to chufe or nominate fuch third perfon, or if fuch third perfon fo chosen shall neglect or refuse to take upon him the admeasurement of the said cloth, at the request of the feller or buyer thereof, then fuch admeasurement (if in London) finally fhall be made and determined by the keeper of Blackwell-Hall, who fhall be sworn before fome juftice of the peace (which justice is hereby impowered to adminifter fuch oath) That he will well and truly perform such measuring, and be obliged to act for that purpose, and the admeasurement fo made fhall be conclufive on all parties, and accordingly be the rule of payment to the buyer; and if elsewhere than in London, the faid cloth fhall be measured by any two indifferent perfons, as aforefaid, and in case they difagree therein, or refufe to make fuch admeasurement, or neglect or refufe to appoint a third perfon for such admeasurement, as aforefaid, then a fit person fhall be nominated and appointed by the chief magiftrate or chief officer of fuch city, town or place,

where

either in

length or

where the said cloth fhall happen to be fold, which faid magiftrate or chief officer, as aforefaid, is hereby authorized and required to appoint and swear such person, which person so appointed fhall be and is hereby obliged to be fworn, and to act for the purpose aforefaid, which faid perfon or perfons deter- Forfeiture for mining the measure of the faid cloth fhall have and receive fix- a lefs quantity pence, and no more, for each piece of cloth which fhall be by him or them fo measured, to be paid by the buyer of the faid breadth than cloth; and if upon fuch admeasurement, as aforefaid, there fhall mentioned in be found a less or smaller content or quantity of cloth in length, the feal. or the greatest part of the breadth, than is mentioned in the feal or feals directed by the faid former act, to be fixed to fuch cloth by the master, occupier or millman of the fulling-mill; in every such case, every clothier, owner or feller of fuch cloth, thall forfeit and pay the fixth part of the value of every fuch cloth, to the ufes as is afterwards herein provided for by this act; and the faid forfeiture fhall be paid by the buyer, and by him deducted out of the price of the faid cloth fo found to be wanting To be paid by in measure, as aforefaid, upon payment of the fame, upon a the buyer, and deducted out certificate thereof made by any of the faid perfons or perfon of the price. measuring the fame, and upon fuch perfons or perfon aforefaid making oath thereof before any juftice of peace, which oath such justice of the peace is hereby authorized and required to adminifter, and thereof to give the faid person or persons a certificate without fee or reward; and all fuch fums of money which the To be repaid clothier, owner or feller of any fuch cloth, fhall forfeit and pay by the master, upon account of fuch fraudulent feal of the mafter, occupier or &c. of the fulling-mill, who millman of the fulling-mill, being fixed to the faid cloth, fhall fixed the feal. upon demand be repaid by the faid mafter, occupier or millman of the fulling-mill, who affixed the said seal, to fuch clothier, owner or feller of fuch cloth; any thing to the contrary notwithstanding.

take the oath

II. And be it further enacted by the authority aforefaid, That Master of a from and after the twenty ninth of September one thousand feven fulling-mill hundred and fifteen, if any owner, mafter, occupier or mill- refufing to man of any fulling-mill, fhall refufe or neglect to take the oath directed by by the faid recited act directed to be taken by the owner, mafter 10 Ann. c. 16. or occupier of fuch fulling-mill, for his true performance of admeasurement of mixt or medley broad-cloth, or to fix a feal of or to fix a fead, lead at the head-end of every mixt or medley broad-cloth, be- &c. fore it is carried from the mill, mentioning his name, and the length and breadth of every fuch cloth in figures, or to enter in a book to be kept by fuch mafter, owner, occupier or millman, a fair and due register or entry of the marks, fort, number, length and breadth of every fuch cloth, or if any perfon or perfons fhall afterwards take off fuch feal, or deface, coun- and perfons terfeit or alter the fame, or add any other feal before the cloth taking off, or is fold, except the millman who milled the faid cloth, or fome altering, &c. fuch feal, other fworn millman, who is in that cafe alfo to register the fame, in manner aforefaid, every person or perfons fo offending, being thereof lawfully convicted upon the oath of one or more cre