which they ferved, fhall be embodied and abfent from the county, riding, or place, to which they belong, fhall be returned, by the.commanding officer of fuch regiment, battalion, or independant company, to the county, riding, or place, for which they ferve, so as that they may reach the faid county by the expiration of their term; but no provifion is made for the immediate fupply of others in the place of fuch militia men fo returned as aforefaid, the want of which, in actual invafion, or immediate danger thereof, might be of the utmost detriment to the publick fafety: and whereas it would not only greatly promote the publick fervice, but be of much eafe and advantage also to fuch perfons as may be chofen by lot for fuch corps of militia as may be at a distance from home, and to others, who may be willing to ferve as Substitutes for the fame, if such persons, whofe times shall be near expiring, were to be engaged to continue as fubftitutes for fuch as may be chofen by lot, as aforefaid; be it therefore enacted by the King's most excellent majefty, by and with the advice and confent of the lords spiritual and temporal, and commons, in this present parliament affembled, and by the authority of the fame, That Directions for whenever any corps of militia fhall be embodied and abfent from commanding the county, riding, or place, to which it belongs, the command- officers, when ing officer of such corps fhall apply to every man whofe time embodied, and fhall be within four months of expiring, and who in his judge- at a distance ment shall be fit to ferve, and enquire if he be willing to continue from home. his service for a further term of three years, and for what, fum or price he shall be fo willing to continue it, if required; and alfo that the commanding officer of every corps, during fuch time as the fame fhall be embodied, and at a diftance from home, as aforefaid, shall, on the first day of January, March, May, July, September, and November, respectively, or as foon after as conveniently may be, transmit to the clerk of the general meeting Lift of private of the county or riding to which his corps fhall belong, a lift of men willing to all fuch private militia men in the faid corps whom, upon ap- fervice, to be plication made as aforefaid, he fhall find willing to renew their tranfmitted service as aforefaid; in which lift hall likewife be fet down the the clerk of fum for which he shall be fo willing to renew and continue his the general fervice as aforefaid; which lift fhall be figned by the militia men fo confenting as aforefaid, and be made in the following form: the militia is renew their meeting; who shall tranfmit du fubdivifion meetings: Seven days after which, fubdivifion meetings fhall be held. and that fuch fignature as aforefaid fhall be binding and conclusive, to all intents and purposes, on the person so signing as aforefaid. II. And be it enacted by the authority aforefaid, That the clerk plicates to the of the general meeting fhall tranfmit to each clerk of the feveral clerks of the fubdivifion meetings refpectively,duplicates or copies of such parts of the faid lifts as contain the names of fuch perfons as ferve for the parishes, townships, or places, within fuch respective subdivifions; and the clerk of each fubdivifion meeting refpectively fhall, on receipt thereof, forthwith give feven days notice for a subdivision meeting to be held, at which the whole number, whofe times (hall expire within four months of the date of the faid lifts, fhall be chofen by lot, or otherwise supplied, according Bufinefs to be to the ftatutes in that cafe made and provided; and the deputy done at thofe lieutenants or juftices prefent at the fubdivifion meeting, when meetings. the men fo chofen fhall attend to be worn and enrolled, fhall acquaint each man who fhall be chofen for any parish, township, or place, in the faid fubdivifion, if there be any of those who are at that time ferving for the fame, who are willing to continue his or their service as fubftitute or fubftitutes for the next three years, after the expiration of his or their prefent term of fervice, and also with the price or prices for which he or they are willing fo to continue the fame; and the perfon or perfons chofen as aforefaid fhall declare whether he or they be willing to give the prices which fhall appear, by the lifts aforefaid, to be agreed to be taken by the perfons then ferving, who thall have figned their confents as above directed; and fuch perfons as are willing foto give give the fums fo fet down as aforefaid, fhall fignify their confent thereto, and fhall forthwith pay, into the hands of the deputy lieutenants or juftices, fuch fum or fums as ftand respectively in the faid lifts against the names fo fubfcribed as aforefaid; which fum or fums of money fhall be, by the faid deputy lieutenants or juftices, remitted to the commanding officer of the corps of militia, and be by him paid to fuch perfons refpectively as fhall have engaged to ferve as above-mentioned, who, on the receipt. thereof, shall be sworn and inrolled as is herein after directed: Juftice to adand that it shall and may be lawful for any juftice of the peace oath to militia minifter the for the county, riding, city, divifion, or place, where fuch re- men, and to giment, battalion, or independant company, fhall happen to be, certify the to administer the oath to every fuch militia man; and fuch ju- fame. stice is hereby required to certify fuch oath, under his hand and feal, to the commanding officer of the regiment, battalion, or independant company, according to the form herein-after directed; which certificate fhall be good and valid to all intents and purposes, as if the perfon fo fworn had been inrolled. I Form of CERTIFICATE. shire, A. B. of the parish of C. in the county of D. hired as a Form of cerfubftitute to ferve in the militia for E. F. of the parish tificate. to wit. of G. in the county of H. came this day before me J. K. oath; videlicet, A. B. do fincerely promise and swear, that I will be faithful and bear true allegiance to his majesty King George, his heirs and fuctefors; and I do fwear that I am a proteftant, and that I will faithfully ferve in the militia within the kingdom of Great Britain for the defence of the fame, during the time which I am fo certified for, unless I am fooner difcharged. So help me GOD. III. And be it further enacted by the authority aforefaid, In counties That in all counties where the number of men is fufficient to where there form two companies only, the eldest captain fhall rank as major, companies, are only two but shall only be intitled to the pay of captain; and no clerk the eldeft capfhall be allowed where the number of men is fufficient to form tain to rank as only one or two companies, but the receiver-general fhall pay major, etc. the money neceffary for fuch number of men to the commanding officer of fuch company or companies, who fhall account with him for the fame. in IV. And whereas, by the laws now in being for raifing and training Acceptance of the militia, within that part of Great Britain called England, it is a commiflion provided, that the acceptance of a commiffion in the faid militia fhall any corps not vacate the feat of any member returned to ferve in parliament: men raised, and whereas his Majefly has thought proper, for the more effectual or to be raised, VOL. XXXII. pro L in Great Britain, in which the officers fhall not be intitled to on reduction thereof, shall not vacate a ment. protection and internal defence of that part of Great Britain called Scotland, to direct that fencible men, in feveral of the fires in that part of the united kingdom, fhould be forthwith raifed and embodied: and whereas officers, ferving in any of the faid corps of fencible men, half pay, etc. will not, by virtue of fuch fervice, be intitled to receive half-pay, or to have any rank in the army, after the faid corps fhall be difmiffed and disembodied, but will be fimilar to, and as near as may be on the feat in parlia- fame footing with officers ferving in the militia of England: and whereas his Majesty may think proper to grant commiffions to officers to raile corps for the defence of this country, the officers of which corps may likewife not be intitled to receive half-pay, or to hold any rank in the army, after the faid corps fhall be reduced and difembodied; be it enacted and declared, That the acceptance of a commiffion in any corps of fencible men, raised or to be raised in that part of Great Britain called Scotland, or in any other corps which his Majesty may authorise and direct to be raised in any part of Great Britain, in which the officers fhall not be intitled to halfpay, or to any rank in the army, after the reduction of the faid corps, shall not, nor thall be conftrued to vacate the seat of any member returned to ferve in parliament. Officers in new raised corps of fen. cible men, and V. And whereas it is neceffary to afcertain the rank to be held by the officers of certain corps raifed, or to be raifed, within that part of Great Britain called Scotland, called fencible men, or of any other militiaufficers, corps of men which may be raised within Great Britain, wherein to rank ac- fuch officers fhall not be intitled to rank or half-pay, except during the cording to time of the actual fervice of fuch corps, with respect to the officers of feniority. the militia of that part of Great Britain called England, during the time that the officers of fuch corps, and of the militia, hall ferve together; be it therefore enacted by the authority aforefaid, That the officers of fuch corps and of the militia, of equal degree, fhall rank according to the date of their respective commiffions. VI. And be it enacted by the authority aforefaid, That where nant, in cer- a battalion of militia is commanded by a lieutenant colonel, tain cafes,may who thall have been commandant of the fame for five years or givea colonel's longer, it fhall be lawful for the lord lieutenant of the county, a lieutenant riding, or place, to which fuch militia fhall belong, with the Lord lieute commiffion to colonel. No quartermatter, fur lion clerk, to confent of his Majesty, to give to fuch lieutenant colonel commandant a commiffion of colonel, any thing in any act of parliament to the contrary notwithstanding. VII. And it is hereby further enacted by the authority aforefaid, That no perfon, ferving as quarter-mafter, surgeon, or geon,or batta battalion clerk, in the militia, thall, from the time of paffing this be promoted act, be appointed to any other commiffion in the militia, higher higher than a than that of a lieutenant, during the time he acts as fuch, though he should have fuch qualification as the law requires for fuch higher commiffion. lieutenant. the confent Commanding VIII. And whereas, in and by the faid recited act, it is (amongst officer, with other things) enacted, That when the militia of any county, riding, or place, fhould be ordered out into actual fervice, it should and might be lieutenant,etc. lawful for the captain of any company of militia to augment his commay accept of pany, by incorporating, with the confent of his Majesty's lieutenant, of the lord or, 1 be incorpo or, in the absence of his Majefty's lieutenant, with the confent of two volunteers, to volunteers in not to exceed. IX. Provided always, That the number of volunteers in any Number of battalion shall not exceed the number of men contained in any one company of the faid battalion; and though fuch volunteers any battalion fhould not be provided with proper clothes, arms, and accou- the number of trements, upon the reprefentation of his Majefty's lieutenant, or men in one of two or more of the deputy lieutenants, fuch volunteers fhall company of have the fame allowance, with regard to pay, arms, clothes, and the same, etc. accoutrements, as militia men are by law intitled to, during the time of their continuing in actual fervice. led to half pay, not to X. And be it further enacted by the authority aforefaid, That Officers intitno person who is intitled to half-pay fhall be deemed or taken to forfeit or quit fuch half-pay, during the time he fhall ferve as forfeit the a lieutenant or enfign in any regiment, battalion, or independant fame by ferv company of militia, but that the fame fhall nevertheles conti- ing as lentenue; and, instead of the oath now appointed, fuch officer fhall nants or entake the following oath: I A. B. do fwear, That I had not, between the figns in the Oath to be any place or employment of profit, civil or military, taken by luch under his Majefty, befides my allowance of half-pay as a reduced in (or allowance as late regiment of in late troop of horse guards, or regiment of borfe reduced,) fave and except my pay as a lieutenant or enfign (as the cafe may be) for ferving in the militia of the county of And the taking the said oath shall be fufficient to intitle fuch perfon to receive his half-pay, or the faid allowance, without taking any other oath; any thing in the faid recited act, or any other law, ftatute, or ufage, to the contrary notwithstanding. officers. XI. And be it further enacted by the authority aforefaid, That When milita at any meeting for any county, city, or town, whofe militia fhall is on actual fervice, two be at that time on actual fervice, it shall be lawful for any two deputy' lieuteor more of the deputy licutènants of fuch county, city, or town, nants, etc. or for any one deputy lieutenant together with any one juftice fhall have the fame powers of the peace of such county, to have and exercife all the powers L 2 con at meetings, K |