c. 72

Jieutenant, to

firft of Dec.

next,

their commis·

How ld. leutenant to pro

or hereafter accepting a commiffion as colonel, lieutenant colonel, ficers above major, or captain, in the militia, fhall, on or before the first day the rank of of December, one thousand seven hundred and feventy-nine, or tranfmit to within fix months after having accepted any fuch commiffion the clerk of in future, transmit to the clerk of the peace of the county in the the peace, on militia whereof fuch officer fhall ferve, a true defcription of his or before the qualification for holding fuch commiffion as aforefaid, and alfo a certificate of his having taken the oaths required; and the clerk or within fix of the peace fhall forthwith enter and inroll the fame, and alfo months after shall transmit to the lieutenant of the faid county, a true copy of accepting every fuch lift and certificate fo entered as aforefaid; and the fions, a deflieutenant fhall, (unless just cause be fhewn to the contrary cription of within the fame time by this act limited,) on receipt thereof, their qualifi give notice to the officer or officers who fhall not have been cer- cations, &c. tified by the clerk of the peace to have entered his or their qualification, that he thall proceed to the appointment of other fit ceed refpectperfons to serve in the militia, if proper perfons duly qualified ing thofe offithall offer themselves for fuch fervice, in the room of fuch offi- cers who fhall cers as fhall, at the time or times above-mentioned, have omitted neglect to defo to deliver in the faid lifts and certificates refpectively; and fuch lieutenant fhall, and he is hereby required and directed to declare, in the London Gazette, within fix weeks, the commiffion of fuch officer to be vacant, and fhall proceed to fuch appointment accordingly: And that, for the better afcertaining the Account to be time of granting any fuch commiffions, the faid lieutenants fhall, published in from time to time, cause to be inferted in the London Gazette, of the dates the dates of the commiffion, and names and rank of the officers, of the new together with the names of the officers in whose stead they are commiffions, fo commiffioned, in like manner as commiffions in the army are published from the war-office; and the faid clerk or clerks of officers whom the peace fhall, on or before the first day of December in every they fucceed. year, tranfmit to one of his Majefty's principal fecretaries of Clerk of the ftate, in order that they may be laid before parliament, a true peace to tranf copy of all entries to be made and inrolled, and also an account mit, annually, of all returns so tranfmitted by him to the faid lieutenants, to fecretaries of gether with the dates of the faid entries and returns; and every ftate, to be fuch clerk of the peace being guilty of any neglect herein, fhall laid before be liable to the fame penalties as by the militia laws now in be- parliament, a ing are imposed on clerks of the peace for any neglect of copy of all entries made,

liver in their qualifications.

the Gazette

&c. and the

names of the

to one of the

and returns

lord lieute

nants,

duty. XI. And be it further enacted, That in cafe any perfon or by him tranfperfons shall take and receive of and from any man ballotted to mitted to the ferve in the faid militia, or of and from any perfon employed by ants, &C. him for that purpose, any fum or sums of money for the pur- Penalty on pose of serving as a fubftitute in the militia, in the room of fuch perfons who ballotted man as aforefaid, and fhall afterwards neglect to appear fhall receive at the ufual meeting appointed for fwearing the militia man, or be- money to fore fome one deputy lieutenant, in the manner and according titutes, and to the directions of an act, made in the fecond year of his pre- fhall neglect fent Majefty's reign, (intituled, An act to explain, amend, and reduce to appear to into one act of parliament, the feveral laws now in being relating to be worn, a

the

ferve as fub.

greeable to act z Geo. 3.

Commanding

officer of every compa

ny of militia

to lay out, to

the moit ad.

vantage of each man un

der his com

mand the guinea to

which he is entitled, by act 2 Geo. 3,

on receiving

orders to march out of the county. Deputy lieutenants, &c.

who have bal

lotted and

fworn in mi

litia men be.

fore the time appointed by law, are hereby indemnifi

ed, and their proceedings declared valid.

Recital of a

claufe in mi

litia act 2

Geo. 3;

the raising and training the militia within that part of Great Britain called England,) such person or persons so neglecting as aforefaid, upon conviction thereof before any juftice of the peace, or before any deputy lieutenants at their said meeting, fhall not only return the fum fo by him taken and received, but shall forfeit and pay any fum not exceeding twenty fhillings to be paid to the ballotted man, or to the poor of the parish, at the difcretion of the juftices or deputy lieutenants; and if fuch offender shall not immediately pay the fum fo by him received, and the faid penalty, he thall be committed to the house of correction for the fpace of fourteen days.

XII. And be it further enacted, That it fhall and may be lawful for the captain, or other commanding officer of each company of militia, to lay out, in the manner moft advantageous for the militia man under his command, the fum of one guinea, which, by the faid recited act, paffed in the fecond year of the reign of his prefent Majefty, is directed to be paid to all militia men, when the regiment, battalion, or independent company, to which they belong, is ordered to be embodied, and march out of the county, and to every recruit who fhall afterwards join the regiment, battalion, or company, giving an account within three months, or as foon as defired, to the militia. man fo intitled to receive the faid fum of one guinea, how fuch money has been expended.

XIII. And whereas the deputy lieutenants, chief magistrates, and justices of the peace, in feveral counties, cities, and places, where the militia have been raised, have, in fome inftances, proceeded to chufe by lot, and to fwear in militia men and fubftitutes for fuch respective counties, cities, and places, previous to the times at which the fame ought to have been done, pursuant to the provifions contained in the militia laws now in being; be it enacted by the authority aforefaid, That fuch proceedings of the faid deputy lieutenants, chief magiftrates, and juftices of the peace, are hereby declared valid and effectual, and the faid deputy lieutenants, chief magiftrates, and justices of the peace, are hereby respectively indemnified for fuch their proceedings.

XIV. And whereas, by an act made in the fecond year of the reign of his present Majesty, (intituled, An act to explain, amend, and reduce into one act of parliament, the feveral laws now in being relating to the raifing and training the militia within that part of Great Britain called England,) it is (amongst other things) enacted, That in cafe any person shall be chofen by lot to ferve in the militia, for any parish, tithing, or place, or parishes, tithings, or places, and fuch perfon fhall be fivorn and inrolled, or fhall provide a fit perfon to ferve as his fubftitute, who shall be fworn and inrolled, the churchwarden or overfeer, or churchwardens or overfeers, of such parish, tithing, or place, fhall, within one month after the time of fuch swearing or inrolling of the man fo chofen by lot, or of the fubftitute refpectively, pay to every such person so chofen by lot, if the regiment or battalion, in which he or his fubftitute fhall ferve, fhall be then embodied, any such sum of money, not exceeding five pounds, as three deputy lieutenants,

who shall re

tenants, or two deputy lieutenants and one justice, or one deputy lieutenant and two juftices, in whose prefence such person shall be chofen by lot, fhall adjudge to be, as near as may be, one half of the current price then paid for a volunteer in the county or riding where fuch perfon fhall be fo chofen by lot: And whereas by an act, made in the eighteenth year of the reign of his prefent Majesty, intituled, An act and 18 Geo. to amend and render more effectual the laws relating to the raif- 3. cap. 59. ing and training the militia within that part of Great Britain called England; and to establish certain regulations with respect to officers ferving in the corps of fencible men directed to be raised in that part of Great Britain called Scotland, and certain other corps therein mentioned, it is (amongst other things) enacted, That at any meeting for any county, city, or town, whofe militia fhall be at that time on actual fervice, it shall be lawful for any two or more of the deputy lieutenants, of fuch county, city, or town, or for any one deputy lieutenant, together with any one juftice of the peace of fuch county, to have and exercife all the powers conferred by the therein (and herein) recited act, with respect to the militia, on any three deputy lieutenants, or any two deputy lieutenants together with any one justice of the peace, or any one deputy lieutenant together any two juftices of the peace of any county at large; now, be it hereby enacted by the authority aforefaid, That in cafe any churchwarden or Every churchoverfeer of any parish, tithing, or place, or parishes, tithings, or warden, &c. places, fhall, after the paffing of this act, refufe or neglect to pay fufe to pay to to any person chofen by lot as aforefaid, who thali have been fworn and inrolled, or who fhall have provided a fit perfon to chofen by lot, any perfon serve as his substitute, who fhall have been fworn and inrolled, and fworn, or within one month after fuch swearing and inrolling, fuch fum, have provided not exceeding five pounds, as two deputy lieutenants, or one a fubititute, deputy lieutenant and one juftice of the peace of such county, such sum, not riding, city, or place, fhall adjudge to be as near as may be one exceeding 5half of the current price then paid for a volunteer in the or riding where fuch perfon fhall be fo chofen by lot, upon his deputy lieucounty producing to fuch churchwarden or overfeer an order for that tenants, &c. purpose, under the hands of two deputy lieutenants, or one de- to be half the puty lieutenant and one juftice of the peace of fuch county, current price riding, city, or place, the militia thereof then being embodied, paid for a voand in actual service; then fuch churchwarden or overfeer, fo producing a lunteer, (on refusing or neglecting, fhall forfeit the sum of ten pounds, to be proper order levied by distress and fale of the goods and chattles of fuch for that purchurchwarden or overfeer, by warrant under the hand and feal of pofe,) any one juftice of the peace of the county, riding, city, or place, fhall forfeit where fuch churchwarden or overfeer fhall dwell, rendering the overplus, (if any) on demand, after deducting the charges of fuch diftrefs and fale, to fuch churchwarden or overfeer; and Application one half of which fum fhall be paid to the person so chosen by thereof. lot as aforefaid, in lieu of the sum ordered to be paid to him as aforefaid, and the other half thereof to the clerk of the regiment

or battalion, to be added to the common stock.

who fhall

as thall be adjudged, by the

XV. And be it further enacted by the authority aforefaid, So much of That so much of an act, passed in the last feffion of parliament, the militia

intituled, act of laft

as re

lates to the

half-pay of lieutenants and enfigns 1erving in the

militia, &c. repealed.

Perfons intit

led to half pay

not to for feit it whilft they ferve as lieu

tenants, &c.

in the militia.

New oath for

intituled, An act to amend and render more effectual the laws relating to the raising and training the militia within that part of Great Britain called England; and to establish certain regulations with refpect to officersferving in the corps of fencible men directed to be raifed in that part of Great Britain called Scotland, and certain other corps therein mentioned, as relates to the half-pay of lieutenants and enfigns ferving in the militia, and the oath therein directed to be taken by them, be, and the fame is hereby repealed.

XVI. And be it further enacted by the authority aforesaid, That no person who is intitled to half-pay thall be deemed or taken to forfeit or quit fuch half-pay during the time he fhall ferve as lieutenant, enfign, adjutant, quarter-mafter, or furgeon, in any regiment of militia, but that the fame fhall nevertheless continue; and instead of the oath now appointed, fuch officer fhall take the following oath:

half-pay off. A. B. do fwear, That I had not, between the

cers ferving

I

any place or employment of profit, civil or in the militia. military, under his Majesty, befides my allowance of half-pay, as a re

Half-pay not

duced

in

For allowance as

of horse guards, or

late regiment of

in

late troop regiment of horse reduced,]

Jave and except my pay as lieutenant, enfign, adjutant, quarter-mafter, or furgeon, [as the cafe may be,] for ferving in a regiment of militia.

And the taking of the faid oath fhall be fufficient to intitle fuch person 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.

XVII. And be it further enacted by the authority aforefaid, to be forfeited That no perfon who is intitled to half-pay fhall be deemed or for ferving as taken to forfeit or quit fuch half-pay, during the time he shall ferve as a lieutenant, enfign, adjutant, quarter-master, or surgeon, in any regiment of fencible men, but that the fame fall nevertheless continue; and inftead of the oath now appointed, fuch officer fhall take the following oath:

lieutenant, &c. in the fencibles.

New oath for

half pay off. A. B. do fwear, That I had not, between the I

cers ferving in the fencibles.

any place or employment of profit, civil or military, under his majesty, befides my allowance of half-pay, as a reduced late regiment of

[or allowance as

of horse guards, or

in

late troop regiment of horse reduced,]

Jave and except my pay as a lieutenant, enfign, adjutant, quarter-majter, or furgeon, [as the cafe may be,] for ferving in a regiment of fencible men.

And the taking of the faid oath fhall be fufficient to intitle fuch person to receive his half-pay, or the faid allowance, without

taking

taking any other oath; any thing in the faid recited act, or any other law, statute, or usage, to the contrary notwithstanding,

+

ment of Chel

XVIII. And be it enacted by the authority aforefaid, That Serjeants on any person being a ferjeant on the establishment of Chelsea Hof, the etablishpital, at an allowance of twelve-pence a day, and being appoint- fea Hofpital at ed to ferve in any corps of fencible men, fhall and may receive s. a day, the faid allowance of twelve-pence a day, together with his pay being appointfrom the said corps of feņcible men; any law, usage, or custom, ed to ferve in the fencibles, to the contrary notwithstanding. fhall receive XIX. And be it enacted by the authority aforefaid, That the the faid alclerk or clerks of the fubdivifion meetings fhall, after any fub- lowance, todivifion meeting hath been appointed, give reasonable notice in. gether with their pay in writing, of the time and place appointed for the fame, to the fencibles. every deputy lieutenant and justice of the peace who shall be reThe duty of fident within the faid fubdivifion; and alfo to the commanding clerks of fubofficer of the regiment, if on actual fervice, or, if not on actual divifion meetfervice, to the colonel thereof, an account of the days fixed for ings. receiving lifts, ballotting and fwearing in the men, of such subdivifion; and fhall, as soon as the men are fworn in, likewife tranfinit to the commanding officer or colonel as aforefaid, a lift, fpecifying the names, trades, and ufual places of abode, of fuch men as are fworn, and, if fubftitutes, the names, trades, and places of abode, of the principals in the room of whom they were fworn.

act 2 Geo. 3.

XX. And whereas, by an act, made in the fecond year of the reign. Recital of part of his prefent Majesty, intituled, An act to explain, amend, and re- of the militia duce into one act of parliament, the feveral laws now in being relating to relating to the raifing and training the militia within that part fubdivifion of Great Britain called England, it is enacted, That in the feveral meetings. counties, ridings, and places, where the militia has been, or shall be, raised, four fubdivifion meetings shall, on the last Tuesday in May, or on the last Tuesday in October, be appointed for the purpojes of the faid act; and feveral directions, provifions, and penalties, are contained in the faid act, respecting the ballotting, inrolling and providing substitutes, and for other purposes, to be done at fuch four fubdivifion meetings: and whereas fubdivifion meetings are likewife, by the faid act, directed to be held, upon feven days notice being giving, for filling up vacancies in the militia, and for other purposes therein mentioned; but doubts have arifen whether the feveral powers, provifions, and penalties, in the faid act contained, can extend to enforce the orders made at any other fubdivifion meeting than at the four that may be appointed by the general meetings on the last Tuesday in May, or on the last Tuesday in October; be it therefore enacted by the autho. Every perfon ballotted purrity aforefaid, That in all cases where ballots are directed to be fuant to the taken by any of the laws relating to the militia, every perfon militia laws, chofen pursuant to the faid acts, at any fubdivifion meeting at any fubdithereby appointed, fhall be inrolled, and every fubftitute provid- vifion meeted shall subscribe his confent to ferve, and shall serve in the faid rolled; and ing, shall be militia for the space of three years, and fhall be liable and sub- every fubftiject to all the feveral directions, provifions, and penalties, in the tute fubfcribe faid herein-before recited act of the fecond of his prefent Ma- his confent to jesty three years.

ferve for