perfon on half-pay receiving his half-pay; and fuch person they taking fhall take the following oath before fome juftice of the peace, the following who is hereby impowered to administer the same;

oath before a

justice.

any The oath.

A. B. do fwear, That I had not, between the place or employment of profit, civil or military, under his Majefty, befides my allowance of half-pay as a reduced

in

late regiment of fave and except my fubfiftence as a lieutenant or enfign, as the cafe may be, for ferving in the militia of the county of

And the taking the faid oath shall be sufficient to intitle fuch perfon to receive his half-pay, without taking any other oath; any law, ufage, or custom, to the contrary thereof notwithstanding.

XV. And be it further enacted by the authority aforefaid, Receiver geThat the receiver general of the land tax, fo foon as he fhall neral upon rereceive a warrant under the hand of the colonel or commanding rant from the ceiving a warofficer of their refpective regiments or battalions, certifying the commanding receipt of the cloathing, and an order from the faid colonel or officer, certicommanding officer for the money due on account of the fame, ceipt of the fying the repayable to the perfon or perfons who furnished the faid cloath- cloathing, and ing, fhall pay the fum mentioned in fuch order to the perfon an order for intitled to receive the fame; and fuch warrant and order, to- payment, is to gether with the receipt of the perfon receiving the faid money, fhall be a fufficient difcharge to fuch receiver general.

pay the fame accordingly.

XVI. And be it further enacted by the authority aforefaid, If any regiThat in cafe any regiment, battalion, or independant company, ment, &c. fhall ceafe and determine, during the continuance of this act, per diem is to E the fum of three fhillings per diem fhall be paid to such person be paid to the as has actually ferved as adjutant to fuch regiment, battalion, or adjutant from - independant company, from the time fuch regiment, battalion, fuch time to or independant company fhall ceafe, to the twenty fifth day of 25 March, March, one thousand seven hundred and fixty eight.

1768.

forces,

XVII. And whereas by an act made in the laft feffion of par- Claufe in the liament, it is enacted, That any militia man inlifting himself act of the latt feffion, relatinto any of his Majefty's other forces, fhall, over and above ing to militia any penalty or punishment to which any fuch militia man was man inlifting liable, be deemed to be legally inlifted, and fhould, from the in any of the day on which his engagement to ferve in the militia (hould end, King's other belong as a foldier to fuch corps of his Majefty's other forces into which he shall have inlifted, and fhould, till regularly dif charged, be liable to all the duties of a foldier, and to all pains and penalties inflicted by the act for punishing mutiny and desertion, and the better payment of the army and their quarters: and whereas the faid provifion hath been found very inconvenient, and prejudicial to the militia fervice; be it therefore enacted by the authority aforefaid, That the faid recited provi- repealed. fion fhall be and is hereby repealed.

XVIII. And be it further enacted by the authority aforefaid, Recruiting That in cafe any officer, ferjeant, or other perfon recruiting for parties from the King's men to inlist and ferve in his Majefty's other forces, fhall, at other forces,

Z 2

any

tia men;

fuch inlifting deemed void.

Militia man denying, at the time of

inlifting mili- any time from and after the paffing of this act, wilfully and knowingly inlift any person who, at the time of fuch inlifting, fhall be inrolled and engaged to ferve in any regiment, battalion, or independant company of militia, in that part of Great Britain called England, every fuch inlifting fhall be deemed null and void; and in cafe any militia man fhall, at any time from and after the paffing of this act, deny to any officer, ferjeant, or other perfon recruiting for men to inlift and ferve in his Majefty's other forces, that he is, at the time of his offering to inlift, a militia man then actually inrolled and engaged to ferve; inlifting, that (which the faid officer, ferjeant, or other perfon, is hereby rehe is inrolled, quired to ask any man offering to inlift) and shall inlift in his and engaged Majefty's other forces, or fhall offer himself to be inrolled and to ferve; ferve in the regiment, battalion, or independant company of or offering to militia, belonging to any other county, riding, or place; every and ferve, in fuch perfon fo offending, on conviction thereof by the informaany other re- tion and oath of one witness, before a juftice of the peace for giment, &c. the county, riding, or place, wherein fuch perfon was first inrolled and engaged to ferve in the militia (which oath such juftice is hereby impowered and required to administer) shall be committed to the common gaol of fuch county, riding, or place, there to remain, without bail or mainprize, for and during any time not exceeding fix months, over and above any penalty or punishment to which fuch person so offending is or thall and at the end be liable by law; and every such person fo offending, from the of his engage- day on which his engagement to ferve in the militia fhall end, and not fooner, fhall belong as a foldier to fuch corps of his Majesty's other forces into which he fhall have been fo inlifted, and fhall, till regularly discharged therefrom, be subject to fuch duties, pains, and penalties, as the foldiers in fuch corps shall be liable to.

be inrolled,

of militia,

is to be committed for 6

months, over

and above any penalty he is liable to by law;

ment fall

ferve as a foldier in the corps in which he in

lifted.

Serjeants, drummers, and fifes,

XIX. And whereas the feveral powers granted by the laws now in being, relating to the militia forces within that part of Great Britain called England, for punishing ferjeants, drummers, and fifers, for misbehaviour, difobedience of orders, or neglect of duty, during the time the militia to which they belong is not in actual fervice, or is not called out to annual exercife, have been found defective and infufficient; be it therefore enacted by the authority aforesaid, That if any ferjeant major, ferjeant, drum major, drummer, or fifer, engaged to ferve in any regiment, battalion, or independant company of militia, within that part of Great Britain called England, and who fhall have received pay therein at any time from and after the paffing of this act, during his engagement to serve in any such regiment, battalion, or independant company, and during the time the militia, to which he fhall belong, is not in actual fervice, or out at annual exercise, fhall misbehave, be negligent in his duty, or be difobedient to the orders of the adneglect off. jutant, or other his fuperior officer, and be thereof convicted duty, or difobedience of upon the oath of the adjutant, or other his fuperior officer, or orders, when other credible witnefs, before a juftice of the peace for the the regiment, county, riding, or place, to the militia whereof such serjeant

guilty of mif behaviour,

of

major,

or out at an

major, ferjeant, drum major, drummer, or fifer, shall belong &c. is not in (which oath fuch juftice is hereby impowered and required to ad- actual fervice, minifter;) fuch ferjeant major, ferjeant, drum major, drum- nual exercise, #mer, or fifer, (over and above any penalty or punishment to may (over and which he shall be liable by any former law) fhall be committed above the to the common gaol of the county, riding, or place, wherein penalty he is fuch offender fhall be engaged to ferve in the militia, there to former acts) fubject to by Aremain without bail or mainprize for any time not exceeding be committed fix months. for 6 months;

XX. And be it further enacted by the authority aforesaid, That in cafe any ferjeant major, ferjeant, drum major, drummer, or fifer, during the time the militia to which he shall belong is not in actual service, or out at annual exercise, shall defert from the regiment, battalion, or independant company, in which he shall be inrolled and engaged to ferve; it shall and and deferting, may be lawful to and for any headborough, constable, or tyth- at any fuch ingman, of the town or place where any perfon who may be time, may be apprehendreasonably fufpected to be fuch a deferter fhall be found, to ap- ed, and comprehend, or caufe him to be apprehended, and to caufe fuch mitted; person to be brought before any justice of the peace living in or near fuch town or place, who hath hereby power to examine fuch fufpected person; and if by his confeffion, or the teftimony of one or more witness or witneffes, upon oath, or by the knowledge of fuch justice, it shall appear or be found that fuch fufpected perfon is fuch a deferter, fuch juftice fhall forthwith cause him to be conveyed to the gaol of the county or place where he shall be found, or to the house of correction, or other publick prison, in fuch town or place where fuch deferter fhall be apprehended; and transmit an account thereof to the of which an fecretary at war for the time being, to the end fuch perfon may account is to be proceeded against as is herein after directed; and the keeper to the fecreof fuch gaol, house of correction, or prifon, fhall receive the tary at war, full fubfiftence of fuch deferter, during the time that he or they in order to fhall continue in his cuftody, for the maintenance of the faid prosecution, deferter, but shall not be intitled to any fee or reward on account of his or their imprisonment; any law, ufage, or cuftom, prifon to reKeeper of the to the contrary notwithstanding.

be tranfmitted

&c.

the secretary

ceive the fubsistence money for his maintenance. XXI. And be it further enacted by the authority aforefaid, Prifoner to be That it fhall and may be lawful to and for the secretary at war delivered up for the time being, upon receiving fuch account as aforefaid, if to the order of fuch deferter fhall be taken out of the county to the militia at war; whereof he or they shall belong, to issue out an order, under his hand and feal, to the gaoler or keeper of the prifon where fuch deferter fhall be confined, requiring fuch gaoler or keeper to deliver fuch deferter to the perfon or persons therein named, which he is hereby required to do; and fuch person or perfons fhall and conveyed thereupon convey fuch deferter in fuch manner, and by fuch to a justice of means, as the fecretary at war for the time being fhall direct, &c. in order to before a justice of the county to the militia whereof fuch defer- commitment; ter fhall belong, who shall forthwith caufe him to be conveyed

the county,

bé called forth

or annual exercife;

officer,

to the gaol, houfe of correction, or other publick prison, within the faid county, to the end fuch deferter may be proceeded against as is herein after directed.

where he is to XXII. And be it further enacted by the authority aforesaid, remain, till That such deferter shall remain and be kept in fuch gaol or prifon the regiment, without bail or mainprize, until fuch regiment, battalion, or into fervice independant company of militia, to which fuch deferter fhall belong, fhall be called out to annual exercise, or embodied and called forth into actual fervice, which fhall first happen; and and he be de the officer then commanding fuch regiment, battalion, or indemanded by his commanding pendant company, thall iffue out an order under his hand and feal, to the gaoler or keeper of the prifon where such deferter fhall be confined, requiring fuch gaoler or keeper to deliver fuch deferter to the perfon or perfons therein named, which he is hereby required to do; and fuch officer commanding fuch regiment, battalion, or independant company, is hereby impowered and required to fummon and hold a court-martial for the trial of fuch deferter, in fuch manner and with the fame power and authority as given and directed by the act for punishing mutiny and desertion, and the better payment of the army and their quarters; and if upon fuch trial fuch deferter fhall be found guilty, it fhall and may be lawful to punish him in fuch manner as fuch court-martial fhall in their discretion think fit, agreeable to the powers and provifion of the articles of war, and the faid act for punishing mutiny and desertion, and the better payment of the army and their quarters.

and a courtartial held for his trial, &c.

at the time of actual fer

vice, or at an

And deferting XXIII. And be it further enacted by the authority aforefaid, That if any ferjeant major, ferjeant, drum major, drummer, or fifer, fhall defert, during the time the regiment, battalion, or nual exercife, independant company, in which he fhall be inrolled and be enand fhall not gaged to ferve, fhall be in actual service, or at annual exercife, be apprehend- and fhall not be apprehended during fuch time, fuch deferter ed during fuch thall and may be apprehended and proceeded againft in the fame be proceeded manner as is herein before directed in the cafe of such ferjeant against as in major, ferjeant, drum major, drummer, or fifer, deferting, during the time the militia to which he shall belong is not in actual fervice, or out at annual exercise.

time, he may

the former

cafe.

Perfons apprehending de ferters, intitled to 20 s. reward, by warrant from the justice to the regiment

al clerk,

Penalty of concealing

XXIV. And, for the better encouragement of any person to apprehend and fecure fuch deferters as aforefaid, be it further enacted, That the juftice of the peace before whom any fuch deferter fhall be committed, shall and may iffue his warrant in writing to the clerk of the regiment, battalion, or independant company, to which fuch deferter fhall belong, directing and requiring fuch clerk to pay out of the stock belonging to such regiment, battalion, or independant company, into the hands of such person who fhall apprehend any fuch deferter, the fum of twenty fhillings for every deferter that fhall be fo apprehended and committed.

XXV. Provided always, That if any perfon fhall harbour, conceal, or affift, any fuch deferter, knowing him to be fo, the deferters is person so offending fhall forfeit, for every fuch offence, the fum

of

of five pounds; to be levied and recovered in the fame manner as any penalties of forfeitures are to be levied and recovered in and by an act of the fecond year of his present Majefty, intituled,

An act to explain, amend, and reduce into one act of parliament, the fe to be levied as veral laws now in being relating to the raifing and training of the mili- directs. tia within that part of Great Britain called England.

CAP. XVIII.

An act to enable the trustees of the British museum to exchange, fell, or difpofe of, any duplicates of printed books, medals, coins, or other curiofities; and for laying out the money arifing by fuch fale in the purchase of other things that may be wanting in, or proper for, the said museum. WH

HEREAS by an act of parliament paffed in the twenty fixth Preamble. year of the reign of his late majefty King George the fecond, intituled, An act for the purchase of the museum, or collection of fir Hans Sloane, and of the Harleian collection of manufcripts; and for better providing one general repofitory for the better reception, and more convenient use, of the said collection, and of the Cottonian library, and of the additions thereto; it is, amongst other things, enacted, that within the cities of London or Westminfter, or the fuburbs thereof, one general repofitory fhould be erected or provided in fuch convenient place, and in fuch manner, as the truflees thereby appointed, or the major part of them, at a general meeting affembled, fhould direct, for the reception not only of the faid museum, or collection of fir Hans Sloane, but also of the Cottonian library, and of the additions which had been or fhould be made thereto, by virtue of the last will and teftament of Arthur Edwards efquire in the faid act named, and likewife of the faid Harleian collection of manufcripts, and of fuch other additions to the faid Cottonian library as, with the approbation of the trustees by the faid act appointed, or the major part of them, at a general meeting affembled, fhould be made thereunto, in manner therein after mentioned; and of fuch other collections and libraries as, with the like approbation, should be admitted into the faid general repository; and that the faid feveral collections, additions, and library, fo received into the faid general repofitory, should remain and be preferved therein, for publick ufe, to all pofterity: and whereas the faid collections have been greatly increafed by confiderable donations from his Majefty, and the gifts of feveral noblemen and others; and it is probable that great additions will hereafter be made thereto : and whereas there are now, and there may hereafter be, in the various departments of the British museum, many duplicates of printed books, medals, coins, and other curiofities, which it would be proper to difpofe of, in order to make room for others: may it therefore please your moft excellent Majefty that it may be enacted; and be it enacted by the King's most excellent majesty, 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 faid truf- Five or more fees, and their fucceffors, or any five or more of them, at any truffees are

74

meeting impowered to order any du