tuted under far fatisfied of affembled, and by the authority of the fame, That the faid com- The commifmiffioners, conftituted by the faid feveral acts of parliament fioners conftibefore-mentioned for the difcovery of the longitude at fea, and the recited for examining, trying, and judging, of all propofals, experi- acts, are imments, and improvements, relating to the fame, or any five or powered to more of them, fhall have full power to hear and receive any hear and receive propopropofal or proposals that have been, or shall hereafter be, made fals for difcoto them for difcovering the faid longitude at fea; and in cafe the vering the lonfaid commiffioners, or any five or more of them, fhall be fo far gitude at fea; fatisfied of the probability of any fuch propofal or difcovery, as and being fo to think it proper to make experiment thereof, they fhall certify the probabilithe fame, under their hands and feals, to the commiffioners of ty of any fuch the navy for the time being, together with the perfons names propofal, as to who fhall be the authors of fuch propofals; and, upon produc- think proper to make expeing fuch certificate, the faid commiffioners of the navy are riment therehereby authorized and required to make out a bill or bills for of, they are to any fuch fum or fums of money, not exceeding two thoufand certify the pounds, as the faid commiflioners for the difcovery of the faid fame, with longitude, or any five or more of them, fhall think neceffary, names, to the for making any experiments in purfuance of this act, or any of commiffioners the faid former acts above-mentioned, payable by the treasurer of the navy; of the navy; which fum or fums the treasurer of the navy for who are to the time being is hereby required to pay immediately to fuch make out bills perfon or perfons as fhall be appointed by the commiflioners for any fum or the difcovery of the faid longitude, to make thofe experiments, fums not exout of any money that fhall be in his the faid treasurer's hands ceedings,oool. unapplied for the use of the navy. ceflary; to be paid by the treasurer of the navy out of any money in his hands unapplied. CAP. XIX. An act for the better prefervation of the game in that part of the authors thereupon for as fhall be thought ne FOR OR the better prefervation of the game in this kingdom, may it Preamble. After 1 June, pleafe your most excellent Majefty, that it may be enacted; and 1762,noperfon be it enacted by the King's moit excellent Majefty, by and with may take, kill, the advice and confent of the lords fpiritual and temporal, and buy, or fell, or commons, in this prefent parliament affembled, and by the au- have in his cufthority of the fame, That no perfon or perfons, after the first tody,any partridge, between day of June, one thousand feven hundred and fixty two, fhall, 12 Feb.&Sep. upon any pretence whatsoever, take, kill, deftroy, carry, fell, or pheafant, buy, or have in his, her, or their poffeffion or ufe, any partridge, between 1 Feb. between the twelfth day of February and the first day of Sep- or heath fowl, tember, in any year; or any pheafant, between the first day of between 1 Jan. February and the first day of October, in any year; or any heath and 20 Aug. fowl, commonly called Black Game, between the first day of or groufe, beJanuary and the twentieth day of Auguft, in any year; or any, and 25 July, groufe, commonly called Red Game, between the first day of in any year; December and the twenty fifth day of July, in any year. this and Oct. tween 1 Dec. Pheasants tak. II. Provided always, That nothing in this act thall extend to en in the proany pheasant which thall be taken in the feafon allowed by act, and kept in any mew or breeding-place. H 2 III. per feason, and kept in mews, or breeding Pro places, except ed. This act not III. Provided also, That nothing in this act contained shall to extend to extend, or be conftrued to extend, to that part of Great Britain called Scotland. Scotland. Perfons of aforefaid, forfeit 51. per bird, to the prosecutor, IV. And be it further enacted by the authority aforesaid, That fending in any if any perfon or perfons fhall tranfgrefs this act in any of the of the cafes aforefaid cafes, and shall be lawfully convicted thereof by the oath of one or more credible witness or witneffes, every such person fhall, for every partridge, pheasant, heath fowl, or grouse, so taken, killed, deftroyed, carried, fold, bought, or found in his, her, or their poffeffion or ufe, contrary to the true intent and meaning of this act, forfeit and pay the fum of five pounds to the perfon or perfons who fhall inform or fue for the fame and to be recover- it fhall and may be lawful to and for any perfon or perfons to fue ed, with full and profecute for, and recover, the faid penalty of five pounds, with full cofts of fuit, by action of debt, bill, plaint, or informa tion, in any of his Majefty's courts of record at Westminster; and in fuch action or fuit, no effoin, wager of law, or more than one imparlance, fhall be allowed. cofts, in any of the courts at Westmin fter. Recital of 8 Geo. I. V. And whereas by an act paffed in the eighth year of the reign claufe in act of his late Majefty King George the First, intituled, An act for the better recovery of the penalties inflicted upon perfons who deftroy the game; it was enacted, That wherefoever any person thall, for any offence to be hereafter committed against any law now in being for the better preservation of the game, be liable or fubject to any pecuniary penalty or fum of money, upon conviction before any juftice or juftices of the peace, it shall and may be lawful for any other person whatsoever, either to proceed to recover the faid penalty by information and conviction, before a juftice or justices of the peace, in fuch manner as is in fuch law contained, or to fue for the fame by action of debt, or on the cafe, bill, plaint, or information, in any of his Majefty's courts of record: and whereas, a moiety or portion of the faid pecuniary penalty is, by feveral acts of parliament, directed to be applied to and for the use of the poor of the parish wherein fuch offence fhall be committed, by reafon whereof inhabitants of the faid parish have been difallowed to give evidence touching fuch offences: and whereas fuits by action of debt, or on the cafe, bill, plaint, or information, are often attended with great cofts and charges to the profecutor, by means whereof the end or intentions of the faid act have been, in a great measure, fruftrated; for remedy whereof, be it enacted by the authority aforefaid, That from and after the paffing of this act, it fhall fued for, and and may be lawful for any perfon whatsoever, to fue for and recovered to recover the whole of fuch penalty for his own ufe, by action of the fole use of debt or on the cafe, bill, plaint, or information, in any of his the profecutor, Majefty's courts of record at Westminster, wherein no effoin, wager of law, or more than one imparlance, fhall be allowed; and wherein the plaintiff, if he recovers, fhall have his double cofts; and that no part of the faid penalty, recovered in any fuch it or action, fhall be paid, or applied to or for the use of The whole of the pecuniary penalties un der the faid act, may be with double cofts; the the poor of the parish wherein such offence fhall be committed; the poor of any law or usage to the contrary notwithstanding, the parish. VI. Provided always, and be it enacted, That no fuch action, Profecutions fuit, bill, plaint, or information, shall be brought or exhibited, to be within 6 but within the space of fix months next after the matter or thing the fact com months after done, for which the fame fhall be commenced or exhibited as mitted, aforefaid, CAP. XX. An act to explain, amend, and reduce into one act of parliament, the several laws, now in being, relating to the raifing and training the militia within that part of Great Britain called England. WHE WHEREAS a well regulated militia has been found to be of Preamble. great utility, and is of the utmost importance to the internal defence of this country: And whereas the laws now in force for the training and regulating thereof, are in fome refpects defective; be it therefore enacted by the King's most excellent Majesty, by and with the advice and confent of the lords fpiritual and temporal, The King to and commons, in parliament affembled, and by the authority iffue forth of the fame, That from and after the paffing of this act, his commissions Majefty, his heirs, and fucceffors, may and fhall iffue forth of lieutenancy for the refpeccommiffions of lieutenancy, for the respective counties, ridings, tive counties; and places, herein after mentioned; and the refpective lieute- the lord lieu nants thereby appointed shall have full power and authority, tenants imand they are hereby required to call together all fuch persons, powered thereupon to and to arm and array them at fuch times, and in fuch manner, affemble and as is herein after expreffed; and fuch respective lieutenants fhall, arm the milifrom time to time, conftitute and appoint fuch perfons as they tia, and apfhall think fit, qualified as is herein after directed, and living point deputy lieutenants, within their respective counties, ridings, and places, to be their being firft apdeputy lieutenants; the names of fuch perfons having been firft proved of by prefented to, and approved by, his Majefty, his heirs, or fuc- his Majefty ceffors; and fhall, before the times appointed for holding and grant the third meetings of the deputy lieutenants and juftices of to a proper peace within their respective fubdivifions, for choofing by lot number of ofthe persons to serve in the militia as herein after mentioned, ficers, before appoint a proper number of colonels, lieutenant colonels, majors, the third and other officers, alfo qualified as is herein after directed, to the deputy meetings of train and discipline the perfons fo to be armed and arrayed, ac- lieutenants, for cording to the rules, orders, and directions herein after provided, choofing the and fhall certify to his Majefty, his heirs, or fucceffors, the men by lot: names and ranks of fuch officers, within one month after they to be certified shall be so appointed; and in cafe his Majefty, his heirs, or fuc- to his Majefty ceffors, fhall, within one month after fuch certificate laid before within a his Majefty, his heirs, or fucceffors, fignify his or their difap- month after; probation of any perfon to be fuch officer in the militia, his and if he thall fignify his dif▾ Majesty's lieutenant fhall not grant a commiffion to fuch perfon, approbation but fhall grant commiffions to fuch perfons fo appointed, who of any of them, fhall not be difapproved of by his Majesty, his heirs, or fuccef- no commiffion fors, as aforefaid. H 3 II. And commiffions Their names is to be grant ed to fuch. The lord lieu- II. And be it enacted, That when the lieutenant of a county, tenant being riding, or place, thall be abfent out of the kingdom of Great Great Britain, Britain, it fhall and may be lawful for his Majefty, his hers, the King may and fucceffors, to authorize and appoint three deputy lieutenants authorize the to grant commiffions to officers ferving or to ferve in the militia deputy lieute for fuch county, riding, or place, upon any vacancy that shall nants to fill up happen during the abfence of the faid lieutenants; which commiffions fhall be good and valid in like manner as if they had been granted by the lieutenant himself. vacant com miffions. Commiffions and other III. Provided always, and be it enacted, That nothing herein of lieutenancy, contained, fhall be conftrued to vacate any commiffion of lieudeputations, tenancy already granted by his Majefty, nor any deputations commiflions granted to deputy lieutenants, nor any commiffions granted to already grant- officers; but that the fame fhall continue in full force and vied, to ftand gour, for the purposes of this act, fo as the faid deputy licutegood; if the nants and officers be qualified as is herein after directed. parties be duly IV. Provided alfo, and be it enacted, That no deputation qualiûed. Deputation of of any deputy lieutenant, nor any commiffion of any officer in deputy lieute- the militia, already granted or to be granted by any lieutenant nants, and of- for any county, riding, or place refpectively, fhall be vacated by reafon of the revocation, expiration, or difcontinuance, of the vacated by the commiffion by which fuch refpective lieutenants were or fhall be appointed. ficers com miflions, not revocation, &c. of the commission of lieutenancy. Lord lieutenant to have the chief command of the militia of the county. Twenty or lieutenants to be appointed for every county, if fo many can be found quali fied. V. And be it enacted, That his Majefty's lieutenant of every county, riding, or place, fhall have the chief command of the militia thereof which fhall be raifed by virtue of this act: and in every county, riding, or place, in England (except as is herein after excepted) there fhall be appointed twenty or more deputy lieutenants, if fo many perfons qualified as is herein before and after expreffed, can be therein found; and if twenty perfons fo qualified cannot be therein found, then there fhall be appointed fo many perfons as can be therein found: and each perfon fo to be appointed a deputy lieutenant or colonel, fhall be seised or poffeffed, either in law or equity, for his own use and benefit, in poffeffion of a freehold, copyhold, or customary eftate for life, or for fome greater eftate, or of an eftate for fome long term of years, determinable on one or more life or lives, in manors, mefuages, lands, tenements, or hereditaments, in England, Wales, or the town of Berwick upon Tweed, of the of a deputy yearly value of four hundred pounds, or fhall be heir apparent lieutenant of fome perfon who fhall be, in like manner, feifed or poffeffed 400l. per Ann. of a like eftate as aforefaid, of the yearly value of eight hundred of a lieutenant pounds: and each perfon fo to be appointed a lieutenant colonel, colonel and or major, fhall be, in like manner, feifed or poffefied of a like major, eftate as aforefaid, of the yearly value of three hundred pounds; 300l. per Ann. or shall be heir apparent of fome perfon who fhall be, in like manner, feifed or poffeffed of a like eftate as aforeof a captain, faid, of the yearly value of fix hundred pounds and 200l. per Ann, each perfon fo to be appointed a captain, fhall be, in like manner, feifed or poffeffed of a like eitate as aforefaid, of the yearly value of two hundred pounds; or fhall be heir apparent of feine perfon who fhall be, in like manner, feifed or poffeffed Qualification and colonel, of the eftates re of a like eftate as aforefaid, of the yearly value of four hundred pounds; or fhall be a younger fon of fome perfon who shall be, or, at the time of his death, was, in like manner, seised or poffeffed of a like estate as aforefaid, of the yearly value of lieutenant, fix hundred pounds: and that each perfon fo to be appointed a rool. per Ann. lieutenant fhall be, in like manner, feifed or poffeffed of a like and enfign, eitate as aforefaid, of the yearly value of one hundred pounds; 20l. per Ann. or fhall be son of fome person who fhall be, or, at the time of A moiety of his death, was, in like manner, feifed or poffeffed of a like eftate quifite to their as aforefaid, of the yearly value of two hundred pounds: and feveral qualifieach perfon fo to be appointed an enfign, fhall be, in like man- cations,except ner, feifed or poffeffed of a like estate as aforefaid, of the yearly fubaltern offivalue of twenty pounds; or fhall be fon of fome perfon who cers, to be fhall be, or, at the time of his death, was, in like manner, feifed within the or poffeffed of a like eftate as aforefaid, of the yearly value of county for which they fifty pounds: one moiety of which faid eftates, required as qualifications for each deputy lieutenant, colonel, licutenant colonel, major, and captain refpectively, fhall be fituate or arifing within fuch refpective county or riding in which he fhall be ap- What fhall be deemed equal pointed to ferve. to an eftate of thofe of the VI. Provided always, and be it enacted, That for the pur- 100l. per Ann. poses of the respective qualifications required by this act, the and fo in proimmediate reverfion or remainder of and in manors, meffuages, portion, relands, tenements, or hereditaments, which are leafed for quifite to a one, qualification. two, or three life or lives, or for any term of years determinable upon the death of one, two, or three life or lives, on referved A leafehold rents, and which are to the leffee or leffees of the clear yearly eftate origivalue of three hundred pounds, fhall be deemed equal to an ally granted eftate herein before defcribed as a qualification of the yearly value equal in anof one hundred pounds, and fo in proportion, be the faid qua- nual value to lification of a greater or lefs degree. what is re deemed a fuf deputy liente nants for the VII. And be it enacted, That a person poffeffed either in law quired for the qualification or equity, for his own ufe and benefit, in poffeffion of an eftate of a deputy for a certain term originally granted for twenty years, or more, lieutenant of an annual value, over and above all rents and charges payable and commifout of or in refpect of the fame, equal to the annual value of fion officer, fuch an eftate as is required for the qualification of a deputy ficient qualilieutenant, and commiffion officer of the militia refpectively, fication. and fituate as aforefaid; fhall be, and is hereby deemed and declared to be, duly and fufficiently qualified to act and ferve under fuch refpective commiffion. VIII. And be it enacted, That in the feveral counties of counties of Cumberland, Huntingdon, Monmouth, Westmoreland, and Rutland, Cumberland, Huntingdon, and of every county and place in the dominion of Wales refpec- Monmouth, tively, there fhall be five or more deputy lieutenants appointed Westmore(if fo many perfons qualified as herein after expreffed can be land, Rutland, therein found) and the cftates requifite for the qualification of and principathe respective deputy lieutenants and officers of the militia lity of Wales. Qualification therein, fhall be as follows; that is to fay, a deputy lieutenant of a deputy or colonel shall be, in like manner, feifed or poffeffed of a like lieutenant or eftate as aforefaid, of the yearly value of three hundred pounds; colonel for or shall be heir apparent of a perfon who fhall be, in like man- thofe counties, 300l. per Ann. H 4 ner |