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ment of which money, fo paid to the receiver general, or into the exchequer, no fee or gratuity whatsoever fhall be given.

clerks of the

V. Provided always, and be it enacted by the authority afore- If any part faid, That if any part of the faid act herein before recited, hath, of the recited before the faid twenty fifth day of March, one thoufand feven act hath, before 25 Mar. hundred and fixty feven, been begun to be carried into execu- 1767, been betion by the clerk of the peace, or juftices of the peace in their gun to be cargeneral quarter feffions, of and in any county, riding, or place, ried into exewherein the militia was not raised in the year one thousand fe- cution by the ven hundred and fixty fix, and hath not been totally and final- peace, or july carried into execution by them, or either of them, before, ftices, where rat, or after, the twenty fifth day of December, one thoufand fe- the militia ven hundred and fixty fix, in the manner, and at the times, in was not duly the faid act directed; then, and in fuch cafe, fuch clerk of the peace, and justices of the peace in their general quarter feffions, they are then to proceed to thall proceed to carry this act into execution, in the fame carry this act manner as if nothing had been done in pursuance of, and obe- intoexecution, dience to, the said act herein before recited.

raised,

any acts re

VI. And be it further enacted by the authority aforefaid, That Perfons who have omitted all and every lieutenant, deputy lieutenant, clerk of the peace, and all and every other perfon or perfons, who neglected or quired to be omitted to do and perform any acts, matters, or things, re- done by the quired of them by the faid before in part recited act, or within recited act, the refpective times in the faid act mentioned, directed, appointed, and limited, for the doing and performing thereof, and who fhall do and perform fuch acts, matters, and things,

herein limit

at or within the refpective times in this act mentioned, direct- performing ed, appointed, and limited, for the doing thereof, fhall be, the fame withand he and they is and are hereby indemnified, freed, and dif- in the times charged, from and against all fuits, actions, indictments, and ed; informations, and from and against all penalties, forfeitures, are indemniincapacities, and difabilities, incurred, for or by reason of fuch fied. neglect or omiffion as aforefaid.

VII, Provided always, That nothing herein contained fhall Indemnity not extend, or be construed to extend, to indemnify any lieutenant, to extend to deputy lieutenant, clerk of the peace, or any other perfon or neglect of deperfons who fhall neglect or omit to receive, deliver, file, filing certifi livering and make, record, or tranfmit, fuch certificates, as are by this act cates, directed to be received, delivered, filed, made, recorded, or transmitted, or by any other means, neglect the execution of or executing this act, according to the true intent and meaning thereof.

this act.

VIII. And be it further enacted, That the faid in part recited The recited act, and every clause, matter, and thing, therein contained (ex- act to remain cept the allowance of further time for doing, performing, and in force, exexecuting, fuch parts thereof, as are mentioned and set forth in cept as to the allowance of this act, and the indemnification herein before-mentioned) further time, fhall, to all intents and purposes, be and remain in as full and indemni force as if this act had not been made.

fications, before-mention

IX. And be it further enacted, That in cafe any action, ed. fuit, bill of indictment, or information, fhall, from and after the paffing of this act, be brought, carried on, or profecuted, may plead the

5

Perfons fued

against general iffue,

Preamble.

Treafury im-
powered to
raife any fum,
not exceeding
1,800,000l.
by loans or
Exchequer
bills:

against any person or perfons hereby meant, or intended to be indemnified, re-capacitated, or restored, for or on account of any forfeiture, penalty, incapacity, or disability whatsoever, incurred, or to be incurred, by any fuch neglect or omiffion; fuch person or perfons may plead the general iffue, and, upon their defence, give this act and the fpecial matter in evidence, at any trial to be had thereupon.

CAP. XVI.

An alt for raifing a certain fum of money by loans or Exchequer bills, for the fervice of the year one thousand seven bunand fixty Seven.

Moft gracious Sovereign,

WE, your Majefty's most dutiful and loyal fubjects, the com

mons of Great Britain, in parliament assembled, towards raifing the neceffary Supplies which we have chearfully granted to your Majefty in this feffion of parliament, have refolved to give and grant unto your Majesty the fum herein after mentioned; and do therefore most humbly befeech your Majefly, that it may be enacted; and 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 prefent parliament affembled, and by the authority of the fame, That it fhall and may be lawful to and for the commiffioners of his Majefty's treafury now or for the time being, or any three or more of them, or the high treafurer for the time being, at any time or times before the fifth day of January, one thousand feven hundred and fixty eight, to caufe or direct any loans to be taken or received at his Majesty's Exchequer, from any person or persons, natives, or foreigners, body or bodies politick or corporate, or any number of Exchequer bills to be made out there, for any fum or fums of money, not exceeding in loans and Exchequer bills together, in the whole, the fum of one million eight hundred thousand pounds; in the fame or like manner, form, and order, and according to the fame or like rules and directions, as in and by an act of this prefent feffion of parliament, intituled, An act for continuing and granting to his Majefty certain duties upon malt, mum, cyder, and perry, for the fervice of the year one Chequer bills thousand seven hundred and fixty Seven, are enacted and prescribed, thereby au- concerning the loans or Exechequer bills to be taken or made thorized to be in purfuance of the faid act.

in the fame

manner as by the malt act

of this feffion is prefcribed, with respect to loans or Ex

the faid act relating to loans or bills,

takenormade. II. And be it further enacted by the authority aforesaid, The claufes in That all and every the claufes, provifoes, powers, privileges, advantages, penalties, forfeitures, and difabilities, contained in the faid last-mentioned act, relating to the loans or Exchequer bills authorized to be made by the fame act (except fuch claufes as do charge the fame on the taxes granted by the fame act, and except fuch claufes as limit the rate of intereft to be paid for the forbearance of money lent on the credit of the faid act, and also except as is herein after mentioned) thall be applied

extended to this act,

and

and extended to the loans and Exchequer bills to be made in pursuance of this act, as fully and effectually, to all intents and purposes, as if the fame loans or Exchequer bills had been originally authorized by the faid last-mentioned act, or as if the : faid feveral claufes or provifoes had been particularly repeated and re-enacted in the body of this act.

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III. Provided always, and be it further enacted by the autho- Exchequer rity aforefaid, That no Exchequer bill or bills to be made out bills fo iffued, by virtue of this act, fhall, after the fame hath or have been not to be received again iffued at the Exchequer, be afterwards, at any time before the in payment of fixth day of April, one thousand seven hundred and fixty eight, any taxes, received or taken, or pass or be current, to any receiver or collector in Great Britain of the customs, excife, or any revenue, fupply, aid, or tax whatsoever, due or payable to his Majefty, his heirs, or fucceffors, or at the receipt of the Exchequer, from any fuch receiver or collector, or from any other perfon or perfons, bodies politick or corporate, otherwife or on any other account than for the discharge and cancelling of fuch bills, in cafe the fame fhall be in due courfe or order of payment, before the faid fixth day of April: nor fhall any fuch receiver or col- nor exchanged, before 6 lector exchange, at any time before the faid fixth day of April, April, 1763. for any money, of fuch revenues, aids, taxes, or fupplies, in his hands, any Exchequer bill or bills which fhall have been iffued as aforefaid by virtue of this act; nor fhall any action be Action not to maintained against any such receiver or collector for neglecting or refufing to exchange any fuch bill or bills for ready money, before the faid fixth day of April; any thing in the faid act made in this prefent feffion of parliament, intituled, An act for continuing and granting to his Majefly certain duties upon malt, mum, cyder, and perry, for the fervice of the year one thousand seven hundred and fixty feuen, or this act, contained to the contrary notwithstanding.

lie for fuch refufal.

the next par

IV. And be it further enacted by the authority aforefaid, The money fo That all fuch loans or Exchequer bills, together with the in- railed, to be tereft, premium, rate, and charges, incident to or attending the repaid out of fame, fhall be, and are hereby charged and chargeable upon, liamentary and fhall be repaid or borne by or out of the first aids or fup- aids; plies which fhall be granted in the next feffion of parliament; and in cafe fufficient aids or fupplies, for that purpose, shall not if none be be granted before the fifth day of July, one thoufand feven granted before 5 July, hundred and fixty eight, then all the faid loans or Exchequer 1768, bills, with the intereft, premium, rate, and charges, incident then to be to or attending the fame, fhall be, and are hereby charged and charged on the chargeable upon fuch monies as, at any time or times at or af- finking fund, ter the faid fifth day of July, fhall be or remain in the receipt of the Exchequer, of the furpluffes, exceffes, overplus monies, and other revenues, compofing the fund commonly called The finking fund (except fuch monies of the faid finking fund as are appropriated to any particular ufe or ufes by any act or acts of parliament in that behalf;) and fuch monies of the faid fink- and paid ing fund fhall and may be iffyed and applied, as foon as the thereout.

fame

Monies fo if

fued, to be replaced out of the firft fupplies.

Bank of England authorized to advance the faid fum

on the credit

of this act;

notwithstand ing act 5 & 6

W. & M.

Preamble.

fame can be regularly ftated and ascertained, for and towards paying off, cancelling, and discharging, fuch loans or exchequer bills, intereft, premium, rate, or charges, until the whole of them fhall be paid off, cancelled, and difcharged, or money fufficient for that purpose be kept and referved in the exchequer, to be payable on demand to the respective proprietors thereof. V. Provided always, and be it enacted by the authority aforefaid, That whatever monies fhall be fo issued out of the faid furpluffes, exceffes, overplus monies, or other revenues, compofing the finking fund, fhall, from time to time, be replaced by and out of the firft fupplies to be then after granted in parliament; any thing herein contained to the contrary notwithstanding.

VI. And be it declared and further enacted by the authority aforefaid, That it fhall and may be lawful for the governor and company of the bank of England, to advance or lend to his Majefty, in like manner, at the receipt of the exchequer, upon the credit of loan granted by this act, any fum or fums of money, not exceeding in the whole the fum of one million eight hundred thousand pounds; any thing in an act made in the fifth and fixth years of the reign of King William and Queen Mary, intituled, An act for granting to their Majefties several rates and duties upon tonnage of fhips and veffels, and upon beer, ale, and other liquors, for fecuring certain recompences and advantages in the faid at mentioned, to fuch perfons as fhall voluntarily advance the sum of one million five hundred thousand pounds, towards carrying on the war against France, to the contrary thereof in any wife notwithstanding,

CAP. XVII.

An alt for defraying the charge of the pay and cloathing of the militia in that part of Great Britain called England, for one year, beginning the twenty fifth day of March, one thousand feven hundred and fixty Seven; for the more effectually punishing ferjeants, drummers, and fifers, for mifbehaviour and defertion; for fecuring deferters from the militia regiments; and for explaining and amending fo much of an act paffed in the last feffion of parliament, as relates to inlifting militia men into his Majesty's other forces.

HEREAS it is necessary that provifion should be made for defraying the charge of the pay and cloathing for the militia, in that part of Great Britain called England, for one year, from the twenty fifth day of March, one thousand seven hundred and fixty Jeven; be it therefore enacted by the King's most excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That in every counfhall be raifed, ty, riding, or place, within that part of Great Britain called the receiver England, where the militia is or fhall be raised, the receiver or

Where the militia is or

receivers

receivers general of the land tax of fuch county, riding or place general of the refpectively, fhall iffue and pay the whole fums required, in the county is to iffue 4 months manner, and for the several uses herein after-mentioned; that pay in adis to fay, for the pay of the faid militia for four calendar vance, accordmonths in advance, at the rate of fix fhillings a day for each ing to the eftablishment adjutant, where an adjutant is appointed; and at the rate of one of pay here fhilling for each ferjeant, with the addition of two fhillings fet down. and fix pence a week for each ferjeant major, where, a ferjeant major is appointed; and at the rate of fix pence a day for each drummer, with the addition of fix pence a day for each drum major, where a drum major is appointed; and also at the rate of fix pence a month for each private man and drummer, for defraying the contingent expences of each regiment, battalion, and independant company of militia, one penny whereof shall be applied for defraying the hofpital expences of each regiment, I battalion, or independant company, during the time of the mens being from home, upon account of their annual exercise; and alfo for half a year's falary for the clerk of each regiment with half a or battalion of militia belonging to fuch county, riding, or year's falary place, at the rate of fifty pounds a year; and alfo for the ref- to the regi mental and pective allowances to the clerk of the general meetings, and battalion clerks of the feveral fub-divifion meetings, at the rates follow- clerks; ing; that is to fay, To the clerk of the general meetings, at the and the allow rate of five pounds five fhillings for each meeting; and to the ances to the feveral clerks of the fub-divifion meetings, at the rate of one general and I pound one fhilling for each meeting; and alfo for the cloath- fubdivifion ing of the militia for fuch county, riding, or place, after the meetings; rate of three pounds ten fhillings for each ferjeant, and two and pay for pounds for each drummer, with the addition of one pound for the militia. cloathing of each ferjeant major, and each drum major; and with respect to the private militia men, where the militia hath been embodied, or having not been embodied, hath not been cloathed within three years, at the rate of one pound ten fhillings for each pri

vate man.

I clerks of the s

before been

to the treafu

II. Provided nevertheless, That in any county, riding, or The above place, where pay has not yet been iffued for the militia, no pay fums are not fhall be iffued until his Majesty's lieutenant, or, in his abfence, to be paid, if any three deputy lieutenants, of any fuch county, riding, or pay has not place, fhall have certified to the commiffioners of his Majefty's iffued, till the treafury, and to the receiver general of the land tax, that three ld. lieut. or fifths of the number of private militia men of fuch county, deputies fhall riding, or place, have been inrolled, and that three fifths of the have certified proportion of their commiffion officers have accepted their com- ry and receivmiflions, and entered their qualifications as by law required. ers general the inrolment of 3 fifths of the men and officers, III. And be it enacted, That all fuch fums of money afore- The money is faid, except fuch as fhall be due to the feveral clerks of the to be paid by meetings aforefaid, and except fuch as fhall be due on account general to the of cloathing, fhall, where the militia has never been embodied, clerk of the be paid by the faid receiver or receivers general of the land tax, regiment or into the hands of the clerk or clerks of the regiments or batta- battalion lions (except the al

the receiver

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