board any ship coming from foreign parts, at anchor, or hovering within two leagues of the coaft, the fhip, if not above 200 tons, is forfeited, with her furniture, &c. Every person who fhall fell coffee, tea, cocoa-nuts, or make or fell chocolate, muft paint over his door, dealer in coffee, &c.' on penalty of 2001. Every importer or dealer in foreign fpirits, muft paint over his door, importer of or dealer in foreign fpirits,' on penalty of 501. Every dealer in tea, foreign fpirits, &c. who fhall buy any of the faid goods of any perfon that has not the words aforefaid over his door, is liable to an additional penalty of 100l. Every perfon, not a dealer, who fhall buy any tea, fpirits, &c. of any person that has not the words aforefaid over his door, will forfeit All foreign thread-lace imported after the first of Auguft to be marked at each end at the Custom Houfe; and perfons poffeffed of foreign lace may have it marked at the nearest Cuftom House, making oath that the duties were paid. All foreign thread-lace found in this kingdom after the firft of February next, not marked, will be forfeited. And any perfon counterfeiting the mark, or that fall fell or have in his cuftody lace with a counterfeit mark, will forfeit 1001. and be adjudged to ftand in the pillory two hours; and their aiders, abetters, and affiftants, will be liable to the fame fine and punishment. Abftract of an Act for laying a. commenced on Tuesday the 6th of July. O N and after the 6th day of July, every perfon going poft is to pay the duty of a penny per mile for each horfe fo hired to the inn-keeper, poft-mafter, or other perfon letting fuch horfes, who at the fame time is to deliver to him a Stamp-office ticket, expreffing the number of horfes and miles he has paid for, and the day of the month: this ticket is to be left at the first turnpike the traveller comes to, otherwife the turnpike-man must not let him pafs till he has paid him eighteen-pence for each horse for fuch his neglect, which money the turnpike-man may keep for his own nfe. Every person who hires horses by the day, or for lefs than a day, is to, pay the duty of one penny per mile for each horse to the innkeepers, poft-mafters, or other perfon who lets the fame, before they are used, provided the distance he is going is declared at the time of hiring; but if the distance is not declared, then he is to pay one fhilling for each horfe he hires, and is to receive likewife a Stampoffice ticket, expreffing the number of horfes, and having the words for a day' printed there. on, and is likewife to declare whether he intends to return the fame day; in which cafe the inn-. keeper, &c. is to write upon the ticket to return;' and if he actually does return before twelve o'clock at night, then fuch money is to be returned to him by the inn-keeper, poft-mafter, or other perfon, who received the fame. Mem. Mem. This ticket for a day is to be fhewn at the feveral turnpikes, but is not to be left at any. Abftra&t of an Ad for recruiting bis Majesty's Land and Sea Forces. [USTICES of peace, Commiffioners of the land-tax, and Magiftrates of corporations, in the commiffion of the peace, are impowered, within their feveral jurifdictions, to imprefs all ablebodied, idle, and diforderly perfons, who cannot, upon examination, prove themselves to exercife fome lawful trade or employment, for their fupport: and are to order a general fearch for all perfons under this defcription. Perfons convicted of running goods or fmuggling, in a penalty not exceeding 401. may be raised and levied in like manner, in lieu of the punishment to which they are otherwife liable: as are perfons convicted of running away and leaving families chargeable on their parishes. Bailiffs-followers are left open to the powers conferred by this act, being expressly declared not to exercife an employment within the meaning of it? The men, thus enlifted, are to be free from bodily infirmities; between the ages of fixteen and fifty; if under the age of eighteen, they must be five feet three inches high; and, if above that age, five feet four inches high, without fhoes. No perfon, intitled to vote at an election for a Member of Par liament, is bidile to be imprefied either as a foldier or a feaman. Perfons impreffed under this act are intitled to their discharge on demand after five years fervice, provided the nation be not then engaged in war; in which cafe they muft ferve during the continuance of the war. Perfons who enter voluntarily into his Majefty's fervice are to receive three guineas bounty money, to enter into immediate pay, are to be discharged at the end of three years, or of the war then in being, on demand; are exempted afterwards from ftatute duty, parifh offices, and the militia fervice, and may fet up and exercise any trade, agreeable to the statute 3 Geo. III. c. 8. To prevent the inconvenience of impreffing men during the time of harveft, labourers working at hay or corn harveft, who procure certificates from the parish where they live, which are to be furnished gratis, are thereby protected from May 25 to October 25. This act is to remain in force until May 1, 1780; and repeals the act 18 Geo. III. cap. 53, paffed laft year. Proceedings at the Trial of Admiral Keppel. the 7th of January the ag N mirals and captains of his Majefty's fleet to come on board the Britannia in Portsmouth harbour. When they were affembled, the names of the admirals and captains on board, according to their rank and feniority, were called over by George Jackfon, Efq; the Judge Advocate, till a fufficient number answered to their names to compofe the Court, thofe being paffed over who had been fummoned to give evidence on the trial. This being objected to by the Hon. Captain Walfingham, the Judge Advocate read the following cafe, and the opinion of his Majesty's Attorney and Sollicitor General and Mr. Cuft thereon, to the Court: The 22nd of Geo. II. chap. 33. fet. 11. enacts, "That from and "after the 25th day of Decem"ber 1749, it fhall be lawful for "the faid Lord High Admiral of "Great Britain, or the Commif"fioners for executing the office "of Lord High Admiral of "Great Britain; or the Commif"fioners for executing the office "of Lord High Admiral for the "time being, and they are here"by respectively authorised from "time to time, as there fhall be "occafion, to direct any flag of "ficer or captain of any of his Majelly's fhips of war, who "fhall be in any port of Great "Britain, or Ireland, to hold "Courts Martial in any fuch port, provided fuch flag officer "or captain be the firft, fecond, "or third in command, in fuch " port as fhall be found moft ex"pedient and for the good of his Majefty's fervice; and fuch flag "officer or captain, fo directed to "hold Courts Martial, fhall pre"fide at fuch Court Martial; 1749, no Court Martial to be "held or appointed by virtue of "this prefent act fhall confift of more than Thirteen, or of lefs "than Five perfons, to be cam"pofed of fuch flag officers, captains, or commanders then and there pre"" Ifent, as are next in feniority to the "officer who prefides at the Court "Martial." Notwithstanding, the words in Italic in the 12th feion, the ufage. at Courts Martial has been, for officers who have given evidence at the trials, not to fit as members of the Courts: although they were fenior to others who fat, and confequently would have fat as members if they had not been examined as witneffes. The Lords Commiffioners of the Admiralty having lately received a complaint in writing, charging an officer of rank in the royal navy with one of the offences fpecified in the Articles of War, which are created and fet forth by the abovementioned act of parliament; their Lordships have therefore thought fit to iffue their order, or warrant in writing, to Admiral Sir Thomas Pye at Portsmouth, requiring him forthwith to affemble a Court Martial for the trial of the faid officer. And it having been fuggefted to their Lordships that feveral officers and commanders of the King's fhips at Portsmouth (who, on account of their feniority, muft fit as members of the faid Court Martial, if the letter of the 12th fection in the faid act is conformed to) will be fummoned as witneffes, either in fupport of the charge of in behalf of the accused, You You are therefore requested to advife their lordships, whether in cafe fuch fenior officers fhould be called upon to give evidence at the trial, they may likewife fit as members of the court martial? And also, Whether the court can be legally held without the fenior officers (who fhall happen to be called upon to give evidence) in cafe it is neceffary for their juniors to fit as members, in order to make up the number required by the ftatute to conftitute a court? "The ufage of the fervice is very material upon this cafe, for naval courts martial are evidently confidered in the flatutes concerning them, as known and eftablifhed courts, confequently in matters not especially provided for, the fettled courfe of proceedings must have great weight-That the characters of witnefs and judge are not confiftent, is very obvious; and though in the common law of England there is no challenge to a judge, yet in the only inftance we know where judges were called upon to give evidence in a criminal cafe, [Kelyng's Rep. 12.] it is obferved, that they fat no more during that Trial. By a ftri&t and literal conftruction of the ftatute of the 22d of Geo. II. chap. 33, fect. 12. neither the profecutor, nor the prifoner, would ceafe to be judges. But this conftruction would be abfurd, and the act mult from common fenfe admit as the ufage is, that officers to whom there is a juft ground of exception, or who have a juft ground of excufe, fhall not be in cluded in the number of thofe of whom the court is to be composed; confequently if any officer entitled by his rank to fit, is either profecutor, party, or witnefs, the perfon next in feniority muft fupply his place, and the court fo compofed, will be legally held according to the intent of the act. AL. WEDDERBURN. Then the Judge Advocate read the order fent by the Lords of the Admiralty to Sir Thomas Pye, admiral of the white, to hold the court martial, dated the 31st December, 1778, figned Sandwich, T. Buller, Lifburhe; and for adjourning to the Governor of Portf mouth's houfe. The following members were then sworn, agreeable to act of l'arliament, Prefident, Sir Thomas Pye, admiral of the white. Matthew Buckle, admiral of the red. Efq; vice John Montagu, Efq; vice-admiral of the red. Marriot Arbuthnot, Efq; rearadmiral of the white. Robert Roddam, Efq; rear-admiral of the white. Captains. M. Milbank Francis Samuel Drake John Mourtray James Cranston Then the Judge Advocate was fworn not to difclofe or discover the opinion of any particular member of the court martial, unless thereunto required by act of Parliament. The defired the Judge Advocate to read the charge. The Judge Advocate then read Sir Hugh Pallifer's letter to Philip Stephens, Efq; Secretary to the Admiralty, dated London the 9th of December, 1778, defiring the Lords Commiffioners of the Admiralty to order a court martial to be held for the trial of the Honourable Auguftus Keppel, admiral of the blue, for mifconduct and neglect of duty on the 27th and 28th of July, 1778, as memtioned in the inclofed paper containing the charges against him. The court was then adjourned he advanced to the enemy and to the houfe of the governor of made the fignal for battle. Portsmouth, when the Prefident, That the above conduct was the more unaccountable, as the enemy's fleet was not then in diforder, nor beaten, nor flying, but formed in a regular line of battle on that tack which approached the British fleet (all their motions plainly indicating a defign to give battle), and they edged down and attacked it whilft in diforder: by this un-officer-like conduct, a general engagement was not brought on, but the other flag-officers and captains were left to engage without order or regularity, from whence great confufion enfued, fome of his ships were prevented getting into action at all, others were not near enough to the enemy, and fome from the confufion fired into others of the King's fhips, and did them confiderable damage, and the vice-admiral of the blue was left alone to engage fingly and unfupported. In these in The charge was then read as follows: A Charge of Mifconduct and Neglect of Duty against the Honourable Admiral Keppel, on the 27th and 28th of July, 1778, in divers Inftances undermentioned. I. That on the morning of the 27th of July, 1778, having a fleet of thirty fhips of the line under his command, and being then in the prefence of a French fleet of the like number of fhips of the line, the faid admiral did not make the neceffary preparations for fg, did not put his fleet into a line of battle, or into any order proper either for receiving or attacking an enemy of fuch force: but on the contrary, although his fleet was already difperfed and in diforder, he, by making the fignal for feveral fhips of the vice-admiral of the blue's divifion, to chace to windward, increased the diforder of that part of his fleet, and the fhips were in confequence more fcattered than they had been before: and whilft in this diforder, VOL. XXII. ftances the faid Admiral Keppel negligently performed the duty impofed on him. II. That after the van and center divifions of the British fleet paffed the rear of the enemy, the admiral did not immediately tack and double upon the enemy with thofe two divifions, and continue the battle, nor did he collect them together at that time, and keep fo near the enemy as to be in readinefs to renew the battle as foon as it might be proper; but on the contrary, he ftood away beyond the enemy to a great distance before he wore to stand towards them again, leaving the vice-admiral of the blue engaged with the enemy, and exposed to be cut off. III. That after the vice-admiral of the blue had paffed the laft of [R] the |