44 G. 3. c. 54. Commissioned

officers disabled in service to be

6. Privileges and general Provisions.

§ 40. And all commissioned officers of corps of yeomanry or volunteers, who shall be disabled in actual service, shall be entitled to half pay, according to their ranks; and all non-comentitled to half missioned officers, drummers, and privates, so disabled, shall be entitled to the benefit of Chelsea Hospital; and the widows of all such commissioned officers killed in service shall be entitled to receive such pensions for life as are given to widows of officers in his majesty's regular forces.

pay, and noncommissioned

officers and priHospital; and

vates to Chelsea

widows of officers killed to

pensions for life. Half pay may be received by adjutants and quarter-masters on taking the following oath. Oath.

Clerk to general and subdivision meetings in England to be rewarded for their trouble.

Acceptance of

§ 41. And no officer who is entitled to half pay shall be deemed to forfeit the same during the time he shall serve and receive pay as adjutant or quarter-master of any corps of yeomanry or volunteers, but the same shall nevertheless continue; and instead of the oath usually required of half-pay officers, to entitle them to the receipt of their half pay, every such officer so entitled to half pay, and serving as aforesaid, shall take the following oath:

IA. B. do swear that I had not, between the

in

and the

any place or employment of profit, civil or military, under his majesty, besides my allowance of half pay as a reduced late regiment of save and except my pay as adjutant or quarter-master, [as the case may be] for serving in the corps of yeomanry or volunteers of the

the case may be].

fas

$ 54. The respective clerks to the general meetings, and clerks to subdivision meetings, shall receive such reward for their trouble in the execution of this act, and for which they shall not be entitled to any reward under any militia laws, as any five deputylieutenants assembled at any meeting held for that purpose shall think proper; such reward to be paid and allowed as any rewards to such clerks respectively are paid and allowed under any militia act.

§ 58. No member of parliament, who shall accept a commission commissions not in any corps of yeomanry or volunteers, shall be deemed to vacate his seat on that account.

to vacate seats

in parliament. Returns, &c. though varying in form prescribed, to be valid.

Provisions rela

§ 59. And the several forms of returns, certificates, and schedules annexed shall be deemed valid and effectual for the purposes of this act; but if, from any variation of circumstances or other reasons, such forms should not be strictly adhered to, instruments of a similar import shall be admissible and held valid.

§ 60. And all provisions, matters, and things whatever in this tive to counties act contained, relating to counties, shall extend to all divisions to extend to all and places; and all provisions and directions relating to corps other places, &c. shall extend to all independent troops of yeomanry or volunteer cavalry and companies of infantry, as fully as if they were repeated in every such provision and clause.

Total number of men enrolled in the corps

I do hereby certify, that the above corps [or company, as the case may be], was inspected on the

day of

by

or, has been ready and willing to be inspected in the last four months. Signed, A. B. Commanding officer.

C. D. Adjutant, or serjeant-major.

B. Commanding Officer's Certificate, to accompany the Muster Roll.

JK. L. commanding officer of the

do hereby certify upon my honour, in pursuance of an act of parliament passed in the forty-fourth year of his late majesty's reign, intituled, An Act (a)

(a) An Act to consolidate and amend the provisions of the several acts relating to corps of yeomanry and volunteers in Great Britain; and to make further regulations relating thereto.

[here insert the title of this act] that I have not, to the best of my knowledge and belief, inserted, or caused to be inserted in the above muster roll, as an effective man, the name of any person who has not duly attended, properly armed and accoutred and mounted [if cavalry] [if arms and accoutrements have been supplied] at the muster and exercise of the said corps [or company, as the case may be], as required by the said act, and who has not taken the oath of allegiance, or been absent on leave given in pursuance of the said act, or prevented by actual sickness, as has been certified to me by a medical practitioner, or as has been otherwise proved to my satisfaction, and who is not an effective man.

Dated the

Signed, K. L.

Commanding officer.

[If arms, accoutrements, or clothing have not been received, such circumstance must be specially certified.]

C. Certificate of Exemption.

To A. B. his Majesty's Lieutenant for the

IK. L. commanding officer of the

of

of

of yeomanry or infantry or city

[as the case may be] serving in the county of [as the case may be] do hereby certify, that C. D. of [his description and parish] is an effective member of the said corps or company [as the case may be] within the provisions of an act passed in the forty-fourth year of the reign of his late majesty G. 3.

Dated the

Signed, K. L.

Commanding officer.

D. Abstract of Muster Rolls to be transmitted by the Clerks of the General Meetings of Counties, to his Majesty's principal Secretary of State.

Το his Majesty's principal Secretary of State. ABSTRACT of muster rolls of corps and companies of yeomanry and volunteers, within the

No.

of

received by

me, O. P. his majesty's lieutenant for the same, since the day of

Names and De

scriptions of
Corps.

in the year

E. Certificate for Exemption from Horse and Hair-powder.
Duties.

IK. L. commanding officer of the

do hereby certify, in

pursuance of an act passed in the forty-fourth year of the reign of his late majesty G. 3. intituled, An act [here insert the title of the act,] that the several persons herein named and described are severally enrolled and serving in the said corps as effective members thereof and were effective members up to and on the fifth day of April preceding the date of this certificate.

Signed, K. L.

Commanding officer,

[31 G. 2. c. 29. —

c. 85.

BY

an ancient ordinance, [See Haw. stat. V. 1. p. 181.] the toll Toll for grindof a mill shall be taken according to the custom of the land, ing. and according to the strength of the water-course, either to the twentieth or four-and-twentieth corn.

And yet in some places the millers do claim and take the sixteenth part; and where the custom hath been so used time out of mind, perhaps it may be good and warrantable. Dalt. c. 112. p. 259.

And Mr. Dalton says, the miller ought to take but one quart Dalt. c. 112. for grinding of one bushel of hard corn, but if he fetch and carry p. 259. back the grist to the owner, he may take two quarts of hard corn; and this hard corn is intended of wheat, rye, meslin (which is wheat and rye mixed). And for malt, the miller shall take but half so much toll as he taketh for hard corn, that is, one pint in the bushel, for that malt is more easily ground than wheat or rye; but if the miller do fetch to his mill, and carry back the malt to the owner's house, then the miller also shall have double toll.

But by Holt C. J. the toll of a mill must be regulated by custom; and if the miller take more than the custom warrants, it is extortion: but if it be a new mill, there the miller is not restrained to any certain toll; but the persons who will have their corn ground there, must comply with the miller's demands; and whatsoever he takes it is not extortion, because it is the voluntary agreement of the parties. 1 Ld. Raym. 149.

In some places the tenants are bound to have their corn ground Tenants may be at the lord's mill. Hix v. Gardiner, 2 Bulst. 195. In an action bound to grind on the case for erecting a mill, the lord declared upon a custom at the lord's

for all the inhabitants to grind at his mill, and that the defendant mill.

had built a mill there contrary to the custom, and this was adjudged a good custom: And suit to a mill may be by reason of tenure or service, and also by custom, and so may well bind strangers..

31 G. 2. c. 29.

Miller suspected of adulterating meal or flour.

A new-erected house within the precincts is within the custom of multure; and none may grind elsewhere, but in case of excessive toll, or that the grist cannot be ground in convenient time. Hardr. 177.

By 31 G. 2. c. 29. § 29. If information shall be given on oath to any magistrate or justice, that there is reasonable cause to suspect that any miller who grinds any grain for toll or reward, or any person who dresses, bolts, or in anywise manufactures any meal or flour for sale, within the jurisdiction of the magistrates or justices in the act mentioned, doth mix up with or put into any meal or flour ground or manufactured for sale, any mixture, ingredient, or thing whatsoever, not the genuine produce of the grain such meal or flour shall import and ought to be, or whereby the purity of any meal or flour in the possession of such miller or mealman shall be in anywise adulterated; in such case it shall be lawful for any such magistrate or justice, or for any peace officer authorised by the warrant of any magistrate or justice within their jurisdictions, at all seasonable times in the day to enter into any house, mill, shop, bakehouse, stall, bolting-house, warehouse or out-house of any such miller or mealman, and to search whether any such mixture, ingredient, or thing shall have been mixed up with or put into any meal or flour as aforesaid, or whereby such meal or flour shall be in anywise adulterated; and if on such search it shall appear that any offence has been committed in any mill, bolting-house, or other place allowed to be searched, contrary to this act, then it shall be lawful for any magistrate or justice, or peace officer as aforesaid, to seize any meal or flour, deemed en such search to have been adulterated, and all ingredients found or deemed to have been used or intended for use in or for any such adulteration; and such as shall be seized by such officer shall with all convenient speed be carried to some magistrate or justice as aforesaid; and if any magistrate or justice who shall make such seizure, or to whom any such seizure shall be brought, shall adjudge any mixture or ingredients not the genuine produce of the grain any such meal or flour shall import or ought to be shall have been put therein, or that the purity of such meal or flour was thereby adulterated, then such magistrate or justice may dispose of the same, as in their discretion they may from time to time think proper.

And by 30. Every miller, mealman, &c. in whose house, mill, &c. any mixture or ingredient shall be found, which shall be adjudged by any magistrate to have been lodged there with intent to have adulterated the purity of any meal or flour, shall on conviction by confession, or oath of one witness before any such magistrate or justice, forfeit not exceeding 10l. nor less than 10s., unless he shall make it appear that such mixture, &c. was not there for such purpose as aforesaid, but was there for some lawful purpose; and the justice or magistrate convicting may, out of the money forfeited, cause the offender's name, place of abode, and offence to be published in some newspaper in or near the county, city, or place.

31. The wilfully obstructing such search, or opposing the same, or the carrying away the mixture, &c. incurs a forfeiture not exceeding 51. nor less than 20s.

§ 32. No miller shall act as a justice or magistrate herein.