not exceeding 51. nor less than 40s. to be paid to the treasurer of the colony. Officers to give notice to inn-keepers,&c. of fubfiftence money in their hands; and their accounts to be paid off according to the rates of fubfiftence here eftablished. Officers not giving fuch notice, the accounts to be discharged out of their arrears of pay; if no arrears are due, then out of the fubfi. ftence money of the regiment, and the officer to be cafhiered. On nonpayment of quarters, for want of money, the officer to make up the accounts, and give certificates for the fums due. Justices may demand an account of quartering of the officers and foldiers, in order to prevent and remedy abufes in quartering. Juftices, in pursuance of orders received, are to iffue orders to conftables to provide carriages for the troops on their march. Rates of carriages. Carriages not obliged to carry above 12 cwt. nor to travel above one days march, unless other carriages cannot be pro cured. Penalty on conftables, &c. neglecting to provide or furnish carriages. Colony to repay the extra expences of carriages. Where carriages fhall be neceffarily provided for long marches beyond the fettlements, the horfes and carriages are to be fairly appraised; and if loft or destroyed to be paid for according to certificate. Deferter may be apprehended, and committed; gaoler to receive his fubfiftence money in the interim. Pety on perfons harbouring deferters; or buying foldiers arms or clothes,&c. Penalty on officer breaking open a houte to fearch for deferters, without warrant. Perfons not being foldiers committing any offences in any fort or garrifon, &c. not within the jurifdiction of any civil government, may be apprehended; and being charged on oath with the offence, may be committed to fafe cuftody, till delivered over to the civil magistrate. Suits in what courts to be profecuted. How the troops are to pay in paffing ferries. Pecuniary penalties to be paid at the rate of 4s. 8d. fterling, the Spanish milled dollar. Limitation of actions. General issue. Treble costs. This act to be in force from 24 March, 1766, to 24 March, 1768.

CAP. XIX.

An alt for the more effectual encouragement of the trade and manufacture of leather gloves and mitts in this kingdom.

W HEREAS, till of late years, great quantities of foreign kid Preamble, and lamb fkins were yearly imported into this kingdom, in order to be manufactured into gloves and mits, to the great benefit of trade, and employment of the poor in the manufacture thereof and whereas large quantities of foreign manufactured leather gloves and mitts are clandeftinely brought into this kingdom, whereby not only the revenue is defrauded, but many thousands of his Majesty's fubjects, em- . ployed in the manufacture of leather gloves and mitts, are deprived of the means of providing for themselves and their families: and whereas the preventing the importation of fuch foreign manufactured leather gloves and mitts, would tend to the increase of the trade and manufactures of this kingdom, and would also encourage the importation of foreign kid and lamb fkins: May it please your Majesty, that it may be enacted; and be it 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 present parliament after 24 June, fembled, and by the authority of the fame, That if any foreign 1766, all fomanufactured leather gloves or mitts fhall, from and after the reign manutwenty fourth day of June, one thousand feven hundred and factured leather gloves of fixty fx, be imported, brought, or conveyed into this kingdom, mitts brought or any part of the British dominions, the fame fhall be, and are into any part hereby declared to be, forfeited, and fhall be liable to be fearched of the British for and feized by any officer or officers of the customs or excife, dominions,

D 2

in

From and af

are liable to forfeiture ;

and the importer,

vender, retailer,

expofer to fale,

or concealer thereof,

forfeit more

over 200 1.

with double

cofts of fuit.' Any of the faid goods

London and Westminster, and limits of the weekly bills of mor

in like manner as other prohibited and uncuftomed goods are ; and shall be difpofed of as is herein after mentioned: and every perfon or persons who fhall bring, convey, or import or fhall caufe to be brought, conveyed, or imported, into this kingdom, or any part of the British dominions, any fuch leather gloves or mitts, or shall be aiding, abetting, or affifting therein; or, being a vender or venders, retailer or retailers, of any kind of leather gloves or mitts, in whofe cuftody or poffeffion any fuch foreign manufactured leather gloves or mitts fhall be found; Or who fhall fell, or expofe to fale, any fuch leather gloves or mitts; or who fhall conceal any fuch leather gloves or mitts, with intent to prevent the forfeiture or feizure of the fame; fhall, over and above the forfeiture and lofs of fuch leather gloves and mitts, and all intereft which he, she, or they, may have therein, for every fuch offence, forfeit and pay the fum of two hundred pounds, together with double costs of fuit.

II. Provided always, and be it further enacted by the authority feized in Eng-aforefaid, That if any fuch leather gloves or mitts fhall be land, out of found and feized in that part of Great Britain called England, the cities of out of the cities of London and Westminster, and the limits of the weekly bills of mortality, and the fame fhall not exceed in value the fum of twenty pounds, it hall and may be lawful for two or more of his Majefty's juftices of the peace for such county, city, borough, or place, where the fame fhall be found and feized, upon information before them that such leather gloves or mitts were feized as leather gloves or mitts unduly may be pro- brought into and not manufactured within this kingdom, to ceededagainft, hear and determine the fame, and to proceed to condemnation before, and determined or discharge thereof as fhall feem juft; any thing herein before by 2 justices; contained to the contrary notwithstanding.

tality, not exceeding 201. in value,

are condemn

and one moiety of the

pro

to the officer;

III. And be it further enacted by the authority aforefaid, if the goods That after condemnation thereof in due courfe of law, all and ed, they are to every fuch leather gloves and mitts fhall be publickly fold, to. be publickly the best advantage, for exportation, by the candle; and one fold, for ex- moiety of the produce, or money arifing by the fale of fuch portation; leather gloves and mitts, thall be to the ufe of his Majefty, his heirs, and fucceffors, and the other moiety thereof to the ufe duce is to go of the officer or officers who fhall feize and fecure the fame : to the King; and no fuch leather gloves or mitts fhall be confumed or used and the other in this kingdom, but thall be exported again to fome port or and fecurity place not being any part of his Majefty's dominions; and shall is to be given not be fold, otherwife than on condition to be exported as for the due aforefaid and fuch leather gloves and mitts fhall not be deliexportation vered out of the warehouse, or place wherein the fame shall thereof, before delivery of have been fecured, until fufficient fecurity be firft given to the the fame out King's Majefty, his heirs and fucceffors, which the commiffioners of his Majefty's customs or excife are hereby impowered and required to take, that the fame, and every part thereof, fhall be exported as aforefaid, and not landed again in any part which is to be of his Majefty's dominions; which fecurities fhall be difchargdischarged up- ed without fee or reward, upon certificate returned under the.

of the ware

house where

fecured;

common

doubt

Jommon feal of the chief magiftrate in any place or places be- on a return of ond the feas, and out of his Majesty's dominions, or under a certificate, the hands and feals of two known English merchants upon such or proof of fuch exporta. place, that the goods were there landed; or upon proof, by tion. credible perfons, that fuch goods were taken by enemies, or perished in the feas; the examination and proof thereof being left to the judgement of the faid commiffioners: which commiffioners are hereby refpectively impowered, from time to time, to call upon the perfon or perfons who have entered into fuch fecurity, to produce fuch certificate or proof as aforefaid. IV. And be it further enacted by the authority aforefaid, not wheThat if any fuch leather gloves or mitts fhall be feized, by vir- ther fuch tue and in pursuance of this act, and any doubt or question goods are of fhall afterwards arife where the fame were manufactured, the foreign maproof thall lie upon the perfon or perfons in whofe cuftody or nufacture, the Onus probanpoffeffion the fame were found, and not upon the profecutor or di is to lie on profecutors, plaintiff or plaintiffs; and in cafe no proof fhall be the poffeffor; given, that fuch leather gloves or mitts were manufactured within Great Britain, then the fame (hall, without any further proceeding, be taken and held to have been manufactured out of Great Britain, and contrary to, and in violation of, this act; any law or custom to the contrary notwithstanding.

to conviction,

V. Provided always, and be it further enacted, That if any and the pofperfon or persons, in whofe cuftody or poffeffion any fuch lea- feffor (not imther gloves or mitts shall be seized by virtue and in purfuahce porting or of this act (fuch perfon or perfons not importing or concealing fame) but difconcealing the the fame) fhall difcover, upon oath, before any one or more covering the justice or justices of the peace, the perfon or perfons who fold vender, fuch leather gloves or mitts to fuch perfon or perfons in whose cuftody or poffeffion the fame fhall be feized, fo as that fuch fo as he may perfon or perfons, fo felling the fame, fhall or may be profe- be profecuted cuted and convicted, according to the intent of this act, as the feller thereof, in case the same shall be, or be taken and held to be, within the intent and meaning of this act, manufactured out of Great Britain, fuch perfon or perfons, fo discovering as aforefaid, fhall be, and is and are hereby freed and difcharged is difcharged of and from all and every the penalties and forfeitures by this from the peact inflicted upon all and every perfon and perfons, being a nalty and forvender or venders, retailer or retailers, having in his, her, or their custody or poffeffion any fuch leather gloves or mitts not and from giv. made or manufactured in Great Britain; and of and from any to the place of ing proof as proof that the fame, so feized as aforefaid, were manufactured their manu in Great Britain. facture.

feiture,

VI. And be it further enacted by the authority aforefaid, Recovery of That all pecuniary penalties and forfeitures, by this act im- penalties and pofed, shall and may be fued for and recovered in any of his forfeitures; Majefty's courts of record at Westminster, or in the court of Exchequer at Edinburgh, respectively, by action, bill, plaint, or information, in the name of his Majesty's attorney general, or in the name of his Majefty's advocate in Scotland, or in the name or names of fome officer or officers of the customs or excife; and

D.3.

and applica- and that one moiety of every fuch penalty and forfeiture fhall tion thereof. be to his Majesty, his heirs and fucceffors, and the other moiety thereof to the officer or officers of the customs or excife, who fhall inform and profecute for the fame.

Officer neglecting for

profecute for any pecuniary

penalty,

any other

perfon may fue for and

recover the fame.

The weavers

VII. Provided always, and it is hereby further enacted, That if any officer or officers of the customs or excife fhall neglect or refufe, for the fpace of one calendar month after fuch condemnation as aforefaid, to profecute to effect any perfon or perfons, for any pecuniary penalty or forfeiture by this act inflicted upon offenders against the fame; that then it shall be lawful for any perfon or perfons whomfoever, to fue for, profecute, and recover, the respective pecuniary penalties and forfeitures by this act inflicted, in like manner as is herein before directed, with regard to the officers of the customs or excife; and one moiety of the faid pecuniary forfeitures, when reco vered, fhall, in fuch cafe, go and be applied to the ufe of his Majesty, his heirs and fucceffors, and the other moiety to the perfon or perfons who fhall fue or profecute for the fame reSpectively.

VIII. Provided alfo, and be it further enacted by the authoof fuch goods rity aforefaid, That nothing in this act contained fhall extend, are not fub- or be in any wife conftrued to extend, to fubject any perfon or ject to any perfons who fhall wear, or make use of, fuch leather gloves or penalty, for. feiture, or mitts as aforefaid, as part of his, her, or their apparel or dres proof, upon only, to any forfeiture, or to any pecuniary penalty or penalthat account. ties inflicted by this act, or to any proof that the fame were manufactured within Great Britain.

This act does IX. Provided always, and be it enacted by the authority not extend to aforefaid, That nothing in this act contained fhall extend, or repeal any of be conftrued or deemed to extend, in any wife to repeal any of the powers of the powers and authorities granted in and by an act made in

the act of

11 Geo. I.

the eleventh year of the reign of his late majesty King George the Firft, intituled, An act for more effectual preventing frauds and abufes in the public revenues; for preventing frauds in the fat duties, and for giving relief for falt used in the curing of falmen and cod fish, in the year one thousand seven hundred and nineteen, exported from that part of Great Britain called Scotland; for enabling the infurance companies to plead the general iffue in actions with regard to brought against them; and for fecuring the flamp duties upon policies of infurance; with regard to feizures of any prohibited or run goods, wares, merchandizes, or commodities.

feizures of

prohibited or run goods.

X. And be it further enacted by the authority aforefaid, That if any action or fuit thall be commenced against any perfon or perfons, for any thing done in purfuance of this act, the defendant or defendants, in fuch action or fuit, may plead the general iffue, and give this act, and the fpecial matter, in General iffue. evidence at any trial to be had thereupon; and that the fame was done by the authority of this act and if it fhall appear to have been fo done, then the jury fhall find for the defendant or defendants: and if the plaintiff fhall be nonfuited, or difcontinue his action after the defendant or defendants Chall

have appeared, or if judgement fhall be given upon any verdict or demurrer against the plaintiff, the defendant or defendants shall recover treble cofts, and have the like remedy for Treble costs. the fame as defendants have in other cafes by law.

XI. Provided always, and be it further enacted, That, in Defendant alevery such action, it fhall and may be lawful for the defendant lowed, before or defendants, by leave of the court where fuch action fhall be iffue joined, to pay money independing, at any time before iffue joined, to pay into court to court. fuch fum of money as he or they fhall fee fit, as amends for the matter or cause complained of in such action, whereupon fuch proceedings, orders, and judgements, fhall and may be had, made, and given, in and by fuch court, as in other actions where the defendant is allowed to pay money into court.

CAP. XX.

An act for the more easy and speedy Recovery of Small Debts, within the Borough of Derby, and the Liberties thereof.

CA P. XXI.

An alt for redeeming one third part of the remainder of the joint stock of annuities, eftablished by an act made in the third year of his prefent Majefty's reign, in respect of Several navy, victualling, and tranfport bills, and ordnance debentures.

Moft gracious Sovereign,

HEREAS by an act of parliament made in the third year Preamble, reof your Majefty's reign, intituled, An act for granting an- citing claufes nuities to fatisfy certain navy, victualling, and tranfport bills, in act Geo.III. and ordnance debentures; and for charging the payment of fuch annuities on the finking fund; and making good the fame to the faid fund, in manner therein mentioned; it was provided and directed, That all and every person and perfons, bodies politic and corporate, who fhould, within the time therein limited, deliver in tertain navy, victualling, and transport bills, and ordnance debentures, to be cancelled, in manner thereby directed, should, for the principal fum or fums contained therein, and alfo for the interest marked upon fuch of the faid bills as bore an intereft, be respectively intitled to, and have, an annuity after the rate of four pounds per centum per annum, to commence from the twenty fifth day of March, one thousand feven hundred and fixty three, and to be payable half-yearly at the bank of England, to fuch person or perfons, bodies politic or corporate, or fuch as he, she, or they should appoint his, her, or their executors, adminiftrators, fucceffors, or affigns, until redemption thereof by parliament, in manner therein mentioned; and that all fuch monies fhould be deemed to be one capital or joint ftock on which the faid annuities should be attending and whereas the feveral principal monies contained in the bills and debentures delivered in and cancelled, together with fuch intereft as aforefaid, which were converted into a capital or joint stock, in pursuance of the faid act, did amount to the fum of three millions four hundred eighty three thoufand five hundred fifty three pounds, one filling, and ten pence:

D 4

and