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France, fend or load, or transport or deliver, or cause to be fent
or laden, or transported or delivered unto or for the Ufe of the
faid French King, or any of His Subjects refiding within His
Dominions, or any Town or Territory in His Poffeffion, or into
or for any Port or Place within his faid Dominions, any Arms,
Ordnance, Powder, Bullets, Pitch, Tar, Hemp, Mafts, Cordage,
Iron or Salt Petre, every Perfon or Perfons, fo as aforefaid offend-
ing, and being thereof convicted or attainted by due Course of
Law, fhall be deemed, declared and adjudged to be a Traitor
or Traitors, and fuffer the Pains of Death, and also lofe and for- Death.
feit as in Cafes of High Treafon.

II. And be it further enacted, That if any of Her Majefty's Subjects, who have at any Time fince the fourth Day of May, in the first Year of Her Majesty's Reign, voluntarily gone into France, or any of the French King's Dominions in Europe, without Licence from Her Majefty, or who have at any Time fince the faid fourth Day of May, in the firft Year of Her Majefty's Reign, born Arms in the Service of the French King, either by Sea or Land, fhall at any Time after the faid five and twentieth Day of March, One thoufand feven hundred and five, return Returning from into this Kingdom of England, or any other Her Majefty's France without Dominions, without Licence from Her Majesty under Her Privy Seal, every Perfon fo offending, and being thereof lawfully convicted or attainted, fhall be taken, deemed and adjudged to be guilty of High Treafon, and fhall fuffer Penalties as in Cafe of High Treason. High Treafon.

Licence.

have been in

III. And be it further enacted by the Authority aforefaid, Perfons whe That if any Perfon, who, fince the faid fourth Day of May, in France, and rethe first Year of Her Majefty's Reign, went into France, or any turned without of the French King's Dominions, without Licence from Her Licence, shall Majefty, or hath been in Arms under the French King, either depart by 1 May by Sea or Land, hath returned into this Realm without Licence 1705. from Her Majefty, every fuch Perfon fhall depart this Realm before the firtt Day of May, One thousand feven hundred and five, unlefs fuch Perfon fhall, before the faid firit Day of May, obtain Her Majefty's Licence under Her Privy Seal for staying here; and in cafe fuch Perfon fhall not depart this Realm on - or before the faid first Day of May, or fhall after fuch Departure return into this Realm, without Her Majefty's Licence, as aforefaid, every fuch Perfon fo offending, being thereof lawfully convicted, fhall be taken, deemed, and adjudged to be guilty of High Treason, and fhall fuffer Penalties as in Cafe of High High Treason.

Treafon.

without Licence.

IV. And be it further enacted, That if any of Her Majefty's Going to France Subjects fhall, from and after the faid five and twentieth Day during the War, of March, One thoufand feven hundred and five, during the Continuance of this prefent War with France, without Licence from Her Majefty, voluntarily go, or repair, or imbark in any Veffel, with an Intent to go into France, or any Dominions of the French King, and be thereof convicted or attainted by due Courfe of Law, every fuch Perfon fhall be taken, deemed and adjudged to be guilty of High Treafon, and fhall fuffer as in High Treafon. Cafe of High Treafon.

V. And be it further enacted, That where any of the Offences Offences comagainst this Act shall be committed out of this Realm, or if any mitted beyond

VOL. VI.

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Perfon Sea.

Who may have the Benefit of 7 & 8 W. 3.

C. 3.

EXP.

EXP.

EXP.

Perfon or Perfons fhall be guilty of returning or continuing within this Realm, contrary to the Provifions hereinbefore made, every fuch Offence may be alledged and laid, inquired of and tried in any County of this Realm.

VÍ. And be it further enacted by the Authority aforefaid, That all and every Perfon and Perfons, who fhall hereafter be accufed, indicted or profecuted for any Thing made or declared Treafon by this Act, fhall be intitled to the Benefit of the Act of Parliament made in the feventh Year of the Reign of His late Majefty King William the Third, intituled, An Ad for regulating of Trials in Cafes of Treafon and Mifprifion of Treafon.

CA P. XV.

An Act for the Relief of Fulke Emes, Gentleman, and others who had elapfed their Times, either for paying their Money, or naming their Nominees, for purchafing Annuities; and alfo for Relief of Sir John Mead, Knight and Baronet, who had elapfed his Time for paying Part of of his Purchase-money for a forfeited Estate in Ireland; and alfo for Relief of Dorothy Ireland, and others, in refpect of feveral Tickets for Payment of Annuities, and of feveral Tickets for Payment of Annuities, and of feveral Million Lottery Tickets and Exchequer Bills, and Debentures to the Army, which have been burnt or loft.

[This A&t is Number 4 on the Roll, indorfed Second Part 3 & 4 Ann.]

CA P. XVI.

An Act for punishing Mutiny and Defertion, and falfe
Mufters; and for the better Payment of the Army and
Quarters.

CA P. XVII.

An Act for raising the Militia for the Year One thousand feven hundred and five, although the Month's Pay formerly advanced be not repaid.

CA P. XVIII.

An Act for making perpetual an Act for the more easy
recovery of fmall Tithes, and alfo an Act for the more
eafy obtaining Partition of Lands in Coparcenary, Joint
Tenancy and Tenancy in Common; alfo for making more
effectual and amending feveral Acts relating to the Return
of Jurors.

WHE
HEREAS divers temporary Laws, which by Experi-

ence have been found beneficial and useful, are expired, or neat expiring;' Therefore for continuing the fame, Be it enacted by the Queen's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by

the Authority of the fame, That an Act made in the Seffion

of Parliament held in the feventh and eighth Years of the Reign 7 & 8 W. 3. of the late King William the Third, intituled, An Act for the c.6. more eafy Recovery of fmall Tithes, which was to continue for three Years, and from thence to the End of the next Seffion of

Parliament, which Act was further continued by an Act made continued by in the tenth and eleventh Years of the Reign of the faid King 10 & 11 W. 3. William the Third, for feven Years from the Expiration thereof, c.15. which will expire at the End of the next Seffion of Parliament after the Year One thousand seven hundred and five, shall be, and

is hereby continued, and fhall be in force, and be made perpetual. made perpetual, II. And be it further enacted by the Authority aforefaid,

That an Act made in the Seffion of Parliament held in the eighth and ninth Years of His faid late Majefty King William 8 & 9 W. 3, the Third, intituled, An Act for the eafter obtaining Partitions of c. 31. Lands in Coparcenary, Jointenancy and Tenancy in Common, which will expire at the End of the next Seffion of Parliament after the first Day of May One thousand feven hundred and four, fhall be, and is hereby continued, and shall be in force, and be made perpetual.

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III. And whereas in an A&t made in the Seffion of Parliament held in the fourth and fifth Years of the late King William and Queen Mary, intituled, An Act for reviving, continuing and explaining feveral Laws therein mentioned, which are expired and near expiring, there are feveral good Claufes and Provifions relating to the returning of Jurors, which Claufes and Provifions were by the faid Act to continue in force for feven Years after the first of May One thoufand fix hundred ninety three, and to the End of the next Seffion of Parliament: And whereas the faid Claufes and Provifions relating to the returning of Jurors were, by an Aft made in the feventh and eighth Years of the

made perpetual.

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late King William the Third, intituled, An Act for the Eafe 7 & 8 W. 3. of Jurors, and better regulating of Juries, continued for feven c. 32. § 10. Years, from the first of May One thoufand fix hundred ninety and fix, and from thence to the End of the next Seffion of Parliament, and no longer; which faid laft mentioned Act was alfo to continue but for the faid Term of feven Years, from the first of May One thousand fix hundred ninety and fix, and to the End of the next Seffion of Parliament: And whereas the faid Act made in the faid Seffion of Parliament held in the feventh and eighth Years of the late King William the Third, was by an Act made in the first Year of the Reign of Her prefent Majefty, intituled, An Ad for continuing former Als for ex- 1 Ann. Stat. 'porting Leather, and for Eafe of Jurors, and for reviving and 2.13. • making more effectual an A& relating to Vagrants, continued for

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feven Years from the Expiration thereof, and to the End of the next Seffion of Parliament: And whereas the faid Claufes, • Provifions and A&t have not proved effectual, by reason of fome Defects in the faid Act;' For Remedy whereof, Be it enacted by the Authority aforefaid, That if any Sheriff of the faid County of Tork fhall, after the first Day of May One thoufand seven hundred and five, during the Continuance of the faid A&t, refuse or neglect to provide and keep fuch Book or Regifter, as in the faid recited Act is directed, or shall refufe or neglect to enter therein the Names of the Perfons who served as

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Jurors

Sheriff of Yorkfhire nor keeping a Register of Jurors' Names

or refufing to deliver over Cer

tificate to his Succeffor.

Penalty.

Or returning one Perfon

oftner than once

in four Years.

Penalty.

7 & 8 W.3. 8.32. §4.

Jurors in any the Affizes or General Quarter-Seffions of the
Peace, to be held in or for the faid County, or any the Ridings
therein, in or during the Time he fhall be Sheriff of the faid
County, with the Additions and Places of Abode, and Time
and Places of such their Services, in fuch Manner as in and by
the said recited Act is directed, or fhall refufe or neglect, within
ten Days after the next fucceeding Sheriff of the faid County
fhall be fworn into his Office, to deliver over to fuch fucceeding
Sheriff, as well all and every the Books and Registers that shall
be made or prepared in the Year wherein he fhall have ferved
Sheriff, as alfo all fuch other Books or Regifters as were pre-
pared in the Sheriffwick of any of his Predeceffors, Sheriffs of
the faid County, within four Years then next before, and which
were delivered over to him by any of his faid Predeceffors, or
fhall refufe or neglect to make and deliver, by himself or his
Under-Sheriff, fuch Certificate gratis, as in the faid recited A&
is mentioned, that then every fuch Sheriff of the said County
of York, fo refufing or neglecting in all or any the faid Cafes
aforefaid, fhall for every fuch Offence forfeit the Sum of one
hundred Pounds; one Moiety whereof fhall be to the Ufe of Her
Majefty, Her Heirs or Succeffors, and the other Moiety to fuch
Perfon or Perfons as fhall fue for the fame, in any of Her Ma-
jesty's Courts of Record at Westminfler, by Action of Debt.
Bill, Plaint or Information, wherein no Effoin, Protection or
Wa
Vager of Law, nor more than one Imparlance shall be allowed.
IV. And be it further enacted by the Authority aforefaid,
That if any fuch Sheriff of the faid County, for the Time being,
his or their Under-Sheriff, Deputy or Bailiff, during the Con-
tinuance of the faid Act, fhall knowingly fummon or return any
Perfon or Perfons to ferve on any Jury or Juries, at any the faid
Affizes or Seffions of the Peace, who fhall, within four Years be-
fore fuch Summons or Return, have ferved on any Jury at any
the faid Affizes or Seffions held within the faid County, or any
the Ridings therein, and fhall not, upon producing of fuch Cer-
tificate or Certificates, as aforefaid, to the Officer or Perfon fo
fummoning, or to the faid Sheriff, or his Under-Sheriff or De-
puty, discharge the faid Summons or Return, and thereof give
Notice to the Party fummoned, fix Days before fuch Affizes or
Seffions of the Peace, at the which fuch Perfon fhall be fummoned
or returned to appear, that then the faid Sheriff, Under-Sheriff,
Bailiff or Perfon fo fummoning or refufing to discharge, as afore-
faid, shall forfeit and lofe to the Party fo fummoned the Sum of
twenty Pounds, to be recovered in Manner and Form as is laft
hereinbefore mentioned, together with his full Cofts of Suit.

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V. And whereas many Conftables, Tythingmen and Headboroughs of Towns, have refufed or neglected to return, or give to the Juftices of the Peace at the General QuarterSeffions, a true Lift in Writing of the Names and Places of Abode of all Perfons within the refpective Places for which they ferve, qualified to ferve upon Juries, as in and by the faid Act made in the feventh and eighth Years of the late King William is enacted and provided; by reafon of which Neglect, the good Intent of the faid Act has been eluded, and great Inconveniences have thereupon enfued:' For Remedy whereof, be it further enacted by the Authority aforefaid,

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Jurors.

That the Juftices of the Peace for all Counties or Ridings, Conftables not within the Kingdom of England, or Dominion of Wales, fhall returning a Lift yearly and every Year, during the Continuance of the faid of Perions fit for A&t, at the General Quarter-Seffions to be holden next after the four and twentieth Day of June, iffue forth their Warrant or Warrants, under the Hands and Seals of two or more of them, to the Head or Chief-Conftable and Constables of every Hundred, Lathe or Wapentake, requiring him or them to iffue forth his or their Precept or Precepts to the refpective Conftables, Tythingmen and Headboroughs within his and their Hundred, Lathe or Wapentake, thereby directing and requiring them, and all and every of them, to convene and meet together with the faid Head Conftables of the Hundred, Lathe or Wapentake, within fourteen Days next after the Date of fuch Receipt, at fome ufual or convenient Place in the Hundred, Lathe or Wapentake, when and where the Conftables, Tythingmen and Headboroughs fhall prepare and make a true Lift fair written and figned by them, of the Names and Places of Abode of all the Perfons within the refpective Places for which they ferve, qualified to ferve on Juries, according to the Direction of the faid Act made in the fourth and fifth Years of King William and 4 & 5 W. & M. Queen Mary, with their Titles and Additions, between the Age c.24. of one and twenty Years and the Age of feventy Years, as by the faid Act of the feventh and eighth Years of the faid King William is directed and appointed: Which Lift the faid Conftable, Tythingman and Headborough, or their Deputies, or fome or one of them, yearly at the General Quarter-Seffions of the Peace to be holden for each County, Riding or Divifion, or any Part thereof, in the Week after the Feast of Saint Michael, upon the first Day of the faid Seffions, or upon the first Day that the faid Seffions fhall be held by Adjournment at any other particular Place or Divifion, shall return and give to the Justices

&c.

of the Peace in open Court (a). And any Head Conftable of Conftable failing the Hundred, Lathe or Wapentake failing to iffue forth his to iffue Precept, or their Precept or Precepts to convene and meet together, with Penalty. the Conftables, Tythingmen and Headboroughs, as aforefaid, fhall forfeit and incur the Penalty of ten Pounds; and any Conftable, Tythingman and Headborough, failing to meet the Head Conftable of the Hundred, Lathe or Wapentake, pursuant to his Precept, and failing to prepare and make a true Lift, and to return and give in the fame to the Juftices in open Court, as aforefaid, fhall forfeit and incur the Penalty of five Pounds: And every fuch High Conftable, Conftable or Tythingman, fo offend- Penalty, ing, fhall be profecuted at the General Affizes, Seffions of Oyer and Terminer, and General Gaol Delivery or Seffions of the Peace, before the Juftices thereof, who fhall have Power and Authority to hear and determine the fame, (a) [Conflables, &c. to fubfcribe their Lifts before Juftice of Peace upon Oath, 3 G. 2. c. 25.$7.]

yearly.

VI. And for the better Obfervance of this Act, and of the Acts to be read faid Acts made in the fourth and fifth Years of King William and publickly every Queen Mary, and in the faid feventh and eighth Years of the Quarter-Sefons late King William, the Juftices of the Peace at the General Quarter-Seffions, held after the four and twentieth Day of June, yearly, fhall cause the faid feveral Acts to be publickly read in open Court.

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