five horses, or a wain with fix oxen, or four oxen and two horfes, I s. and for a cart with four horfes, 9d. per mile; and fo in proportion for carriages drawn by fewer horfes or oxen. Perfons having carriages, are required, when fo ordered, to furnish them for one day's journey, and no more. If the chief conftables or conftables fhall be at any charges for fuch carriages over and above what is fo received by them, the overplus fhall be repaid to them, without fee or reward, by the treasurer of the county. 50 If any chief constable or conftable fhall wilfully neglect or refufe to execute any fuch warrant; or if any perfon appointed by the chief conftable or conftable to provide any fuch carriage and man, thall wilfully neglect or refufe to provide the fame; every fuch offender shall forfeit a fum not exceed ing 40s. nor lefs than 20s. to the ufe of the poor of the parish; the offence fhall be determined by two juftices of the peace; and the penalty fhall be levied by diftrefs and fale of the offender's goods.

51. This act fhall not extend to the giving any power for tranfporting any of the militia of this realm, or compelling them to march out of this kingdom. 52. In the counties of Cumberland, Huntingdon, Monmouth, Weftmoreland, and Rutland, and in every county in Wales, the lieutenant fhall have the chief command of the militia; in each of thefe counties five or more deputy-lieutenants fhall be appointed, if fo many, properly qualified, can be therein found; and the eftates requifite for the qualification of the deputy-lieutenants, and militia-officers, fhall be as follows. A deputy-lieutenant or colonel fhall be poffeffed of an eftate of 300 l. a-year, or be heir-apparent of one of 500 l.; a lieutenant-colonel or major fhall be poffeffed of an estate of 2col. or be heir-apparent of one of 400 1.; a captain fhall be poffeffed of an eftate of 1501. or be fon of a perfon poffeffed or who shall have died poffeffed of one of 300l.; a lieutenant shall be poffeffed of an eftate of col. or be fon of a perfon poffeffed or who fhall have died poffeff

ed of one of 2001.; and an ensign shall be poffeffed of an eftate of 50l. or be son of a perfon poffeffed or who fhall have died poffeffed of one of 100l.; one half of which eftates fhall be within the faid counties refpectively. The penalties for acting in these counties, not being qualified, &c. as aforesaid, fhall be, for a deputy lieutenant, or fieldofficer, 100l. and for a captain, lieutenant, or enfign, 501; to be recovered and applied as before directed with refpect to other counties. Two deputylieutenants within the said counties shall have all the powers conferred by this act on three deputies, or on two deputies with one juftice, or on one deputy with two juftices, in any other county.

53. 54. direct the ordering the militia in the ifle of Wight, and in the iland of Purbeck. The governor is to act in the ifle of Wight as the King's lieutenants do in counties, and the mi litia of it are to be deemed a part of the militia of Southampton. In Purbeck, 80 are to be raised, part of the 640 appointed for Dorfet county.

55. In all cities or towns which are counties within themselves, and have been heretofore impowered to raifera feparate militia, and are by this act u nited with any county, for the purpofes of this act only, the King's lieutenant, or where there is no lieutenant, the chief magiftrate, fhall appoint five or more deputy-lieutenants (if fo many qualified as after expreffed can there. in be found), and officers of the militia; whofe number and rank shall be proportionable to the number of militia of the city or town, as their quota towards the militia of the county. All the powers and provifions in this act relating to counties at large, fhall take place with refpect to the said cities and towns, except as to the particulars here expreffed; viz. Two deputy lieutenants within fuch city or town fhall have all the powers conferred on three deputy lieutenants, or on two deputy - lieutenants with one juftice, or on one deputy-lieutenant with two juftices, of any county at large; and the value of the qualifi cations fhall be as follows. Every de

puty.

puty-lieutenant and field officer fhall be poffeffed of a land-eftate of 300 1. yearÎy, or a perfonal one of 50001. value; a captain fhall be poffeffed of a land-eftate of 150 1. yearly, or a perfonal one of 2500 1. value; and every lieutenant and enfign fhall be poffeffed of a landeftate of 50 1. yearly, or a perfonal one of 750 1. value; one half of which real estates shall be refpectively within fuch city or town, or within the county to which it is united. The penalties for acting, not being duly qualified, &c. fhall be, for a deputy-lieutenant, or field-officer, 100l. and for a captain, lieutenant, or enfign, 501. The respective lieutenants and chief magiftrates shall order the raising and training the militia within fuch cities and towns; but fuch militia being declared to be part of that of the refpective counties, fhall annually join the county-militia at the general exercife in Whit-fun week; and fhall then, and in time of actual fervice, be deemed the mili. tia of the county.

56. All penalties by this act impofed, the manner of recovery whereof is not particularly provided for, fhall, on proof upon oath of the offence before any juftice of peace of the county where it is committed, be levied by diftrefs and fale of the offender's goods, by warrant under the hand and feal of the juftice; and where the offender's goods are not fufficient to answer the diftrefs, the juftice fhall commit the offender to the county-gaol, for any time not exceed ing three months. All fuch penalties, the application whereof is not other wife particularly provided for, fhall be paid to the clerk of the regiment or bat talion, and be made a common stock in each fubdivifion wherein the fame fhall arife, and the clerk fhall give an account thereof, as it arifes, to the next meeting of the deputy lieutenants and juftices of peace; who fhall caufe butts to be erected in convenient places; and fhall direct the clerk to provide, with part of the money, a proper quantity of gunpowder and ball, to be ufed at proper times by the militia-men, in fhooting at marks; and to apply fuch

other part of the money as they fhall think reasonable, in prizes to fuch men as fhall, by the commanding officer then prefent, be adjudged to be the best markfmen; and to apply the refidue to other contingencies relating to the militia within fuch fubdivifion. Perfons committed to the houfe of correction by virtue of this act, fhall, during the time of fuch commitment, be kept to hard labour.

57. In every action or information, against any person, for acting as a deputy-lieutenant, or officer, not being qualified as before directed, the proof of his qualification fhall lie upon the defendant.

58. No order made by any of the King's lieutenants, or by the deputy. lieutenants and juftices, fhall be removed, nor execution upon it fuperfeded, by Certiorari.

59. Where a parifh lies in more counties or ridings than one, the inhabitants of it fhall ferve in the militia of the county or riding wherein the parishchurch is fituated.

60. 61. 62. 63. The inhabitants of the parish of Wokingham fhall ferve in the militia of Berks; - thofe of the township of Filey, in that of the east riding of York; thofe of Threapwood, in that of Flint, and be exercifed with that of Worthenbury; and those of the parish of Stamford Baron, in that of Lincoln.

64. This act fhall not extend to the tinners in Devon and Cornwall; but the Lord Warden of the ftannaries, and those commiffionated by him, fhall ufe the like powers, and array, affefs, arm, mufter, and exercise the tinners, as hath been heretofore used, and according to the ancient privileges and cuftoms of the ftannaries.

65. The lieutenants for the militia of the city of London, fhall continue to lift and levy the trained bands and auxiliaries of that city as heretofore.

66. 67. direct the ordering the militia of the tower-hamlets. They are to be under the command of the constable of the tower, or the lieutenant of the tower-hamlets, as heretofore; and to

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ND fays on the fubject of marthy and woody grounds, in his late book, intitled, An

former acts, as the lieutenants of counties and their deputy-lieutenants may do; and may keep up the ufual num ber of foldiers, unless he or they find caufe to leffen the fame; and the mili

feparate from that of the counties withtia of the faid ports, &'c. fhall remain in which they are fituate.

69. This act fhall not fubject any perfons mustered, trained, and doing duty in the King's docks, to ferve in the militia.

70. All former acts relating to the raifing of the militia in England and Wales, fhall, from and after the 1ft of May 1757, be repealed, except in cafes herein directed to be fubject to the provifions of former acts,

71. On the death of any of the King's lieutenants, his deputy-lieutenants fhall continue to act, till his Majefty appoint another lieutenant, and commiffions of deputy-lieutenancy be by him iffued. 22720 If any fuit fhall be brought against any perfon for any thing done in pursuance of this act, the action fhall be laid in the county where it did arife; and the defendant may plead the general iffue, and give this act, and the fpecial matter in evidence; and if the jury fhall find for the defendant, or if the plaintiff be nonfuited, or discontinue his action after the defendant fhall have appeared, or if judgment be given against him, the defendant fhall have treble costs.

$73. This act shall be in force for five years, and from thence to the end of the then next feffion of parliament, and no longer

A national militia has been a fubject of debate, both within doors and without, for fome time paft; we therefore chofe to make a full abftract of this act, which may probably be hereafter referred to, rather than serve ourfelves with one haftily done in an English newsws-paper two days after the act was published.].

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It is not to be expected, that we fhould be able precisely to determine the distance to which the sphere of infalubrious vapours from fuch woody, fwampy ground, does extend itself; as this muft at all times greatly depend upon the blowing of the wind from that quarter. Thus, at Rome, the fouthcaft wind, termed by the Italians Scirocco, which paffes over the adjacent marshes, is most unfalutary; and yet the effects of this wind have been experienced to extend only to thofe parts of the city which lay nearest them, occafioning an epide mic fever, whilft the rest of the city was free.

That the malignity of air which we are now relating, does often not extend its influence to any confiderable diftance, is further proved by manifold experience.- "In the year 1747, when fome of the British troops, partly in camp and cantonments in Zealand, fuffered an exceffive fickness from the marshy bad air, infomuch that not a feventh part of the corps stationed there

was

was fit for duty; Com. Mitchell's fquadron, which lay at that time in the channel between South Beveland and the inland of Walcheren, in both which places the diftemper raged, amidst all that fickness enjoyed perfect health. *" How far foever the noxious vapours from unhealthy grounds may fpread themselves, it is demonftrable, that their malignity decreafes in proportion to the distance to which they are diffused. Thus, when Com. Long's fquadron, in the months of July and Auguft 1744, lay off the mouth of the Tyber, one or two of the fhips which lay closeft to the fhore began to be af fected by the pernicious vapour from the land, while fome others, lying far then out at feab at but a very fmall di ftance from the former, had not a man fick. At the fame time, the Auftrian army, under the command of Prince Lobcowitz, fuffered fo great a fickness through the proximity of their fituation to sthe mar by country, that they were obliged to decamp.

After directing fome general preferuaties of health in fuch cafes, the Doctor adds, One great means of the safety of fach perfons as neceffity or entertainment may induce to vifit unhealthy places, is, to avoid fleeping in them: for in fleep, a ftate of general relaxation, there is the greateft danger from the unwholefome air. This is a thing fo well known at Rome, that, of its many inhabitants, there is scarce to be found one of the better fort, who, during fummer or autumn, would venture to fleep a night at Oftia, or in the neigh bourhood of the marshes adjoining to the city. Perfons often recreate in the day, and hunt, in the unhealthy parts of the Campania; but they are fure to return to the city before night; the fatal experience of many having fufficiently taught them the danger of fleeping in thofe nurseries of disease.

As for those who muft of neceffity refide in indifpofing and uncultivated places, fome farther directions should be added for their ufe. They muft

• Dr Pringle on the difeafes of the army,

part 1. cap.7.

take care not to fleep upon the ground, but in beds, in a close tent, ftanding upon a dry fand, gravel, or chalk, and where there is no fubterraneous water for at least four feet below the surface of the ground: When the air is thick, moift, and chilly the earth being overfpread with cold dew, a conftant fire must be kept in their tent or habitation, as the most excellent means of purifying fuch unwholesome air, and of preferving the health of thofe who, either fleeping or waking, are expofed to its influence. All old and forfaken habitations, convenient caves, and natural grottoes in the earth, where men may be induced to take up their abode, muft, before their admiffion, be perfectly dri ed and purified with fufficient fires. Likewife every person should be made to obferve the neceffary document of warmer cloaths and coverings, as a defence from the chilling nocturnal air. Let all who value their health also have recourfe, upon these occafions, evening and morning, to a dram of a bitter infufion of the bark.

It has been an ancient received ma xim, that to rife early, was greatly con ducive to health. This in a qualified fenfe is true. The practice implies regularity the preceding night; and in dry and lofty fituations the propriety of this adage will the beft appear. But woody, marfhy, and low maritime pla ces, with those subject to inundations, are manifeft exceptions to the rule. The inhabitants of such districts, if they would fecure themfelves from febrile and other confequent attacks of their raw and uncorrected atmosphere, should wait the fun's appearance in, if not his advance above the horizon, before they attempt the business of the field. To felect a domestic instance, amidst a variety producible on this occafion, take that of a clergyman of long obfervation in fuch matters, who has affured me, that few of the farmers, reputed early rifers, in his parish, which is near the level coaft of Holderness, live to be old. Defluxions on the breaft and lungs, cafes of a debilitated tone of fibres, and rheumatisms, intermittents, and the dif

flackened