VIIPenalty for acting without being qualified, or without delivering in a Description of his Qualification. Moiety of the Penalty to the Person who shal sue. On whom Proof of Qualification shall lie.
And be it further enacted, That if any Person shall execute any of the Powers hereby directed to be executed by the Colonel, Lieutenant Colonel, or Major in the said Militia, not being qualified as aforesaid, or without having delivered a specific Description of his Qualification to the Clerk or Treasurer to the said Commissioners, every such Person shall forfeit and pay the Sum of Two hundred Pounds; and if any Person shall execute any of the Powers hereby directed to be executed by Captains in the said Militia, not being qualified as aforesaid, or without having delivered a specific Description of his Qualification to the said Clerk or Treasurer, every such Person shall forfeit and pay the Sum of One hundred Pounds.; and if any Person shall execute any of the Powers hereby directed to be executed by Lieutenants or Ensigns in the said Militia, without having delivered a specific Description of his Qualification to the said Clerk or Treasurer, if required so to do by the said Commissioners, every such Person shall forfeit and pay the Sum of Fifty Pounds ; and if any Person shall execute any of the Powers hereby directed to be executed by the Colonel, Lieutenant Colonel, Major, Captains, Lieutenants, or Ensigns in the said Militia, after having been a Bankrupt, or after having taken the Benefit of any Insolvent Act, or after having compounded with his Creditors, and not paid Twenty Shillings in the Pound, every such Person shall forfeit and pay the Sum of One hundred Pounds; One Moiety of which said several and respective Penalties shall go to the Use of the Person who shall sue for the same; and in every Action, Suit, or Information brought against any Person for acting as Colonel. Lieutenant Colonel, Major, or Captain in the said Militia, not being qualified as aforesaid, the Proof of his Qualification (except as to his Bankruptcy, or having taken the Benefit of an Insolvent Act, or compounding with his Creditors,) shall lie upon the Person against whom the same is brought.