1762: 3 George 3 c.8: Employment of Former Soldiers

1762: 3 George 3 c.8: An Act to enable such Officers, Mariners and Soldiers, as have been in the Land or Sea Service, or in the Marines, since the twenty second Year of his late Majesty King George the Second, to exercise Trades.

[Preamble.]

WHEREAS there have been and are divers Officers, Mariners, Soldiers and Marines, who have served his late Majesty, or his present Majesty, in the late Wars by Sea and Land, some of which are Men that used Trades, others that were Apprentices to Trades who had not served out their Times, and others, who by their own Industry have made themselves apt and fit for Trades; many of which, the Wars being now ended, would willingly imploy themselves in those Trades which they were formerly accustomed to, or which they are apt or able to follow and make use of, for the getting their Living by their own Labour, but are or may be hindered from exercising those Trades in certain Cities and Corporations, and other Places within this Kingdom, because of certain By-laws and Customs of those Places,

[5 Eliz. C 4.]

and of the Statute made in the fifth Year of Queen Elizabeth, prohibiting the Use of certain Trades by any Person who hath not served as an Apprentice to such Trade for the Space of seven Years: For Remedy whereof, Be it enacted by the King’s most Excellent Majesty, by and with the Advice and Consent of the; Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same,

[Officers, Mariners, Soldiers and Marines, who have been at any time imployed in the King’s Service since 9 Nov, 1748 and have not since deserted, and also the Wives and Children of such, are authorised to set up and exercise Trades within any Parts of Great Britain or Ireland, without Let; and without being liable to be removed from thence to their last legal place of Settlement, until they become actually chargeable to the Parish; and if sued upon pleading the General Issue, they shall be acquitted,]

That all such Officers, Mariners, Soldiers and Marines, who have been Soldiers and Marines, who at any Time imployed in the Service of his late Majesty, or of his present Majesty, since twenty-ninth Day of November in the Year of our Lord one thousand seven hundred and forty-eight, and have not since deserted the said Service; and also the Wives and Children of such Officers, Mariners, Soldiers and Marines; may, set up and exercise such Trades as they are apt and able for, in any Town or Place within the Kingdoms of Great Britain and Ireland, without any Let, Suit or Molestation of any Person or Persons shall become actually chargeable to such Parish or Place; and if any such Officer or Officers, Mariner or Mariners, Soldier or Soldiers, Marine or Marines, or the Wife or Child of any such Officer, Mariner, Soldier or Martine, who shall be sued, impleaded or indicted in any court whatsoever within this Kingdom, for using or exercising any such Trades as aforesaid, then the said Officer or Officers, Mariner or Mariners, Soldier or Soldiers, Marine or Marines, or any Wife or Child of any such Officer, Mariner,Soldier or Marine, making it appear to the same court where they are so sued, impleaded or indicted, that the have served his late or present Majesty as aforesaid, or that he, she or they, is or are the Wife or Child of such Officer, Mariner,

[and be paid Double Costs of Suit.]

Soldier or Marine respectively, Double Costs of Suit, to be recovered as any other Costs at and be Paid Double Common Law may be recovered; and all Judges and Jurors, before whom any such Suit, Information or Indictment shall be brought, and all other Persons whatsoever, are to take Notice of this present Act, and shall conform themselves thereto; any Statute, Law, Ordinance, Custom or Provision to the contrary in any wise notwithstanding.

[Where any two Justices for the County or Place where they shall so set up, shall summon them to give Evidence as to the Place of their last legal Settlement, they shall make Oath accordingly; an attested Copy whereof shall be given them, which shall be admitted as Evidence at the Quarter Sessions;]

II. And be it further enacted by the Authority aforesaid, That it shall and may be lawful for any Where any two Justices two or more Justices of the Peace for the County, Town or Place, where any such Officer, Mariner, Soldier or Marine shall set up and exercise any Trade as aforesaid, to cause such Officer, Mariner, Soldier or Marine, to be summoned before them in the Town or Place where such Officer, Mariner, Soldier or Marine shall set up and exercise such Trade as aforesaid, in order to make Oath of the Place of his last legal Settlement (which Oath the said Justices are hereby impowered to administer) and such Officer, Mariner, Soldier or Marine are hereby directed to obey such Summons, make Oath accordingly; and to make Oath accordingly; and such Justices are hereby required to give an attested Copy of such Affidavit so made before them, to the Person making the same, in order that he may produce it when required; which attested Copy shall at any Time be admitted as Evidence as to such last legal Settlement, before any of his Majesty’s Justices of the Peace at any General or Quarter-Sessions of the Peace.

[and if summoned again, they shall not be obliged to take a fresh Oath, but produce the former, or leave a Copy thereof.]

III Provided always, That in case any such Officer, Mariner, Soldier or Marine shall again be summoned to make Oath as aforesaid, then on such attested Copy of the Oath by him formerly taken being produced by him or by any other Person on his Behalf, such Officer, Mariner, Soldier or Marine, shall not be obliged to take any other or further Oath with regard to his legal Settlement, but shall leave a Copy of such attested Copy of his Examination, if required.

[Privileges of the Universities reserved.]

IV Provided always, That this Act shall not in any wise be prejudicial to the Privileges of the two Universities of Cambridge and Oxford, or either of them; or extend to give Liberty to any Person to setup the Trade of a Vintner, or to sell any Wine or other Liquors within the said Universities, without Licence first had and obtained from the Vice Chancellor of the same respectively.

Source: Ruffhead, Statutes at Large, vol. 9.