cused. proof to lie on not having obtained letters patent of denization, nor having been the party ac- naturalized by act of parliament; or whether fuch alien is or is not an alien merchant; or whether fuch alien did or did not arrive in this kingdom, on or before the first day of January one thousand seven hundred and ninety-two; or did or did not refide therein for two years continually previous to the first day of January one thousand feven hundred and ninety; or is or is not fuch a domestick fervant as aforefaid; the proof of being a naturalborn fubject of his Majefty, his heirs and fucceffors, or of being a denizen by letters patent, or of naturalization by act of parliament, or of being an alien merchant, or of having arrived within this kingdom on or before the firft day of January one thousand feven hundred and ninety-two, or of having continually been refident for two years previous to the firft day of January one thousand seven hundred and ninety, or of being fuch a domeftick fervant as aforefaid, fhall lie upon the perfon touching whom fuch question fhall so arise. Who fhall be merchants. XXXII. And be it enacted by the authority aforesaid, That deemed alien. no perfon fhall be deemed an alien merchant within the true intent and meaning of this act, except fuch perfon as fhall be bona fide engaged in carrying on trade or commerce, by exporting or importing merchandise from or into this kingdom, feeking his or her living thereby; or fuch perfon as having been bona fide engaged in trade or commerce in foreign parts, and continuing engaged in fuch trade or commerce, or being employed as agent or factor by any fuch perfon in foreign parts, fhall refort to this. kingdom, bona fide, for the purpose of tranfacting the business of the faid trade or commerce in which fuch perfon in foreign parts shall have been and shall be so engaged as aforefaid. XXXIII. And be it further enacted by the authority aforefaid, At not to ex- XXXIV. Provided always, and be it enacted, That nothing Certificates, XXXV. And be it further enacted by the authority aforefaid, That all certificates, paffports, notices, and licences, herein&c. to be giv- before required to be given by any collector, comptroller, or en gratis. other chief officer of the cuftoms, or by any juftice or juftices of the peace, or other magiftrates refpectively, fhall be given without any fee or reward whatsoever. XXXVI. And be it further enacted by the authority aforesaid, Fresh passports That if any paffport, or certificate, iffued to any alien by virtue or certificates of ones, &c. of this act, fhall be loft, miflaid, or deftroyed, and fuch alien may be grant fhall produce to one of his Majesty's juftices of the peace, from ed for lott the office of one of his Majefty's principal fecretaries of state, a copy of the paffport or certificate fo loft, miflaid, or deftroyed, and fhall make it appear to the fatisfaction of fuch juftice, that he or he is the perfon named in fuch paffport or certificate, and that the fame has been loft, miflaid, or deftroyed, without his or her wilful neglect or default, it fhall and may be lawful for fuch justice, and he is hereby required to grant to such alien a fresh paffport or certificate, which fhall be of the like force and effect as the paffport or certificate fo loft, miflaid, or destroyed. appoint. diftrefs. XXXVII. And be it further enacted by the authority afore- Perfons adfaid, That in all cafes in which any perfon fhall be adjudged to judged to be transported, be transported, the transportation fhall be adjudged to be, and to be fent to fhall be, to fuch place or places as his Majefty, with the advice fuch places as of his privy council, fhall direct or appoint. his Majefty in XXXVIII. And be it further enacted by the authority afore- council fhall faid, That in cafe any perfon ordered or adjudged to be tranf Ferfons orderported, shall be found at large within this realm after fentence of ed to be trans transportation pronounced, he fhall be guilty of felony, and fhall ported, to fuffuffer death as a felon, without benefit of clergy. fer death, if found within XXXIX. And be it further enacted by the authority aforefaid, the realm. That it fhall and may be lawful for any justice or juftices of the Penalties may peace before whom any pecuniary penalties fhall be recovered in be levied by pursuance of this act, in case the fame fhall not be forthwith paid, to award and iffue warrants of diftrefs refpectively for the levying of fuch pecuniary penalties upon the goods and chattels of any offender or offenders, and to caufe fale to be made of fuch goods and chattels, if they fhall not be redeemed within fourteen days, rendering to fuch offender or offenders the furplus (if any there be), and for want of fufficient diftrefs to imprifon the party offending till fatisfaction he made; and that if either party think Parties aghim or themselves aggrieved by any judgement or order to be grieved may given or made by any juftice of the peace acting in pursuance of appeal to the quarter fefthis act, touching any pecuniary penalty relating to the fame, it tions. shall and may be lawful to and for fuch perfon or perfons to appeal from the fame to the juftices affembled at the next general or quarter feffion to be holden for the county, fhire, or stewartry, where fuch judgement or order fhall have been made, who shall finally determine the fame; and no writ of Certiorari fhall be No writ of allowed, to remove the proceedings of the faid juftices, touching Certiorari to the pecuniary penalties aforefaid. be allowed. notice. XL. Provided always, and it is hereby enacted by the authority aforefaid, That the party or parties fo appealing as aforefaid, Parties appealshall give notice in writing, by the space of fix days next before ing to give 6 fuch feffions fhall be holden as aforefaid, unto the other party or days previous parties, of his, her, or their intention to bring fuch appeal, and that it fhall and may be lawful for fuch juftices fo aflembled to Jutices in award costs to either party, as they fhall in their difcretion think feffion may fit, to be levied by warrant of the faid juftices, or any two or more of them, on the goods and chattels of the party or parties C 4 againft award cofts. If there be not 6 days between the order of the juftice and the next feffion, the appeal may be made at the fecond. actions. against whom the fame fhall be awarded: provided alfo, That in cafe there he not the space of fix days between the first judgement or order of any juftice or juftices and the quarter or general feffions then next following, that then fuch appeal may be made at the fecond general or quarter feffions after fuch judgement or order made. XLI. And be it further enacted by the authority aforefaid, That if any perfon or perfons fhall at any time be fued or profeLimitation of cuted for any thing by him or them done or executed in purfuance of or by colour of this act, or of any matter or thing therein contained, fuch action or profecution fhall be commenced within the space of three months next after the offence shall be committed, and fuch perfon or perfons fhall and may plead the geneGeneral iffue. ral issue, and give the fpecial matter in evidence for his or their defence; and if upon trial a verdict fhall pafs for the defendant or defendants, or the plaintiff or plaintiffs fhall become nonsuited, or fhall discontinue his or their fuit or profecution, or if judgement be given for the defendant or defendants upon demurrer or Double cofts. otherwife, fuch defendant or defendants fhall have double cofts to him or them awarded against the plaintiff or plaintiffs. This act may be altered or repealed in the prefent feffion. XLII. Provided alfo, and be it enacted, That this act, or any of the provifions therein contained, may be altered, varied, or repealed by any act or acts to be paffed in this prefent feffion of parliament. XLIII. Provided alfo, and be it further enacted by the authority aforefaid, That the inhabitants of any parifh, township, or place, fhall be deemed and taken to be competent witneffes for the purpose of proving the commiffion of any offence against this act, within the limits of fuch parifh, township, or place, notwithstanding any part of the penalty, incurred by fuch offence, is given or applicable to the poor of such parish, township, or place. XLIV. And be it further enacted by the authority aforefaid, That this act fhall have continuance until the first day of January one thousand seven hundred and ninety-four, and from thence to the end of the then next feffion of parliament, and no longer. CA P. V. An act for the further relief of debtors, with respect to the imprisonment of their persons; and to oblige debtors, who shall continue in execution in prifon beyond a certain time, and for fums not exceeding what are mentioned in the act, to make difcovery of, and deliver, upon oath, their estates for their creditors benefit. Preamble. W recited. HEREAS it may be reasonable to extend the benefits of an act, paffed in the thirty-fecond year of the reign of his late 32Geo.2.c.28, majefty King George the Second, of glorious memory, intituled, An act for relief of debtors, with respect to the imprisonment of their perfons; and to oblige debtors, who fhall continue in execution in prison beyond a certain time, and for fums not exceeding what are mentioned in the act, to make difcovery of, and deliver, upon oath, their eftates for their creditors benefit, to feveral perfons who bave neglected or shall neglect to take the benefit of the fame, within the ! 7 tion for fums the time limited in the faid act, and also to several perfons who were cited act. in execution cation before II. And be it further enacted by the authority aforefaid, That Perfons now every perfon now in execution for any fum or fums of money for fums exexceeding the fum of one hundred pounds, and not exceeding ceeding 100l. the fum of three hundred pounds, fhall be entitled to fuch relief, and not exnotwithstanding the time limited by the said act for fuch perfon ceeding 3001. to apply is or may be expired, provided fuch perfon fhall make making applifuch application at any time before the end of Eafter term next. the end of Eafter term, entitled to like relief. III. And be it further enacted by the authority aforefaid, That Debtors in every creditor or creditors, his, her, or their executors or ad- execution for ministrators, at whose fuit any debtor fhall be charged in execu- fums not extion for any fum or fums not exceeding the fum of three hundred ceeding 3001. pounds, fhall have fuch remedy, by compelling fuch debtor to pelled to dedeliver up his or her eftate and effects for the benefit of his or liver up their her creditors, as is provided by the before recited act, in cafes effects. where the fum for which fuch debtor shall be in execution does not exceed the fum of one hundred pounds. may be com IV. And whereas many perfons are often committed on attachments, for not paying money awarded to be paid under fubmiffions to arbitration by rules of court, or under fubmiffions to arbitration bonds, and which fubmiffions have been made rules of the court, in pursuance of an act, paffed in the ninth and tenth years of the reign of William the Third, for determining differences by arbitration, and likewife for not paying of costs, duly and regularly taxed and allowed by the proper officer, after proper demands made for that purpose, and also upon any writ of Excommunicato Capiendo, or other process for or grounded on the nonpayment of costs or expences in any cause or proceeding in any ecclefiaftical court; it is hereby declared and enacted, That all Perfons comfuch perfons are and fhall be entitled to the benefit of this act, mitted on atand fubject to the fame terms and conditions as are herein expreffed and declared with refpect to prifoners for debt only. tachments for ed by arbitration, &c. to be entitled to the bene- fit of this act. V. And be it further enacted, That where any debtor as afore- Debtors who, faid fhall have neglected or fhall neglect to take the benefit of the from ignofaid act, or of this act, within the time limited by the faid act, or rance or mif take, have benefit of the not taken the this act, and fhall make it appear to the court out of which fuch recited or this execution iffued, that fuch neglect arofe from ignorance or mifact in time, en- take, fuch debtor shall then be entitled to take the benefit of the titled thereto. said act, or of this act, as if he or she had taken the fame within the time by the faid act, or this act, fo limited as aforefaid: Creditors may provided always, That it shall be lawful for any creditor or crefile interroga ditors, at whofe fuit any debtor shall be so in execution as aforetories for pri- faid, to file interrogatories for the examination of fuch prifoner, foners to anfwer. before his or her being admitted to take the benefit of this or the Act not to ex- before-recited act: provided always, That this act shall not extend to debts tend to any debt or debts that may be owing to the crown, nor fhall it affect any proceeding which at any time may be lawfully had under or by virtue of any commiffion of bankrupt: provided alfo, That this act, or any thing herein contained, shall not extend to that part of Great Britain called Scotland: provided alfo, Continuance That this act fhall continue and be in force for five years, and from thence to the end of the then next feffion of parliament, and no longer. due to the crown, &c. of act. Preamble. CA P. VI. An act for the regulation of his Majefty's marine forces while on fhore. CA P. VII. An act for granting an aid to his Majefty by a land tax, to be raifed in CAP. VIII. An act to provide for the families of perfons chofen by lot to ferve in HEREAS the families of perfons chofen by lot to serve in the militia, as well as the families of corporals, drummers, and fifers, and of fubftitutes, hired men, or volunteers ferving therein, when embodied and called out in actual fervice, and ordered to march, may become chargeable to the parishes whereunto they belong: and whereas no provifion is made for fuch families: 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 present parliament assembled, and by the authority of the fame, That if any person who fhall have been or fhall be chofen by lot to ferve in the militia, or any corporal, bylot, ordered drummer, or fifer, ferving therein, fhall, when embodied and to march on called out into actual fervice, and ordered to march, leave a faactual fervice, mily unable to fupport themselves, the overfeer or overseers of to receive a the poor of the parifh, tithing, or township, where the family of fuch militia man fhall dwell, fhall, by order of fome one juftice of the peace, out of the rates for the relief of the poor of fuch rates, to be re- parish, tithing, or township, pay to fuch family a weekly allow The families of militia men chofen weekly allowance out of the poor ance |