$.42.

When liable to

state, for his majesty's approbation. By s. 42. whenever the local militia shall be assembled in time of war, for mutiny act, &c. the purpose of training and exercising, or for the sup→ pression of riots or tumults, they shall be subject to all the provisions of the mutiny act and articles of war. And by s. 6. the powers and provisions of the several militia acts, so far as they are applicable, are to be extended to this act, for the purposes of its execution.

s. 6.

S 4. Yeomanry and

volunteers. 44Geo. 3.c. 54. 5. 3. G. B.

5. 26.

3. 4.

any

IV. The 44 Geo. 3. c. 54. G. B. has consolidated and amended the provisions of the several acts relating to corps of yeomanry and volunteers in Great Britain, and enacts (s. 3.) that it shall be lawful for his majesty to continue the services of any corps of yeomanry or volunteers then formed, or to accept the services of any corps to be formed after the passing of this act, under officers having commissions from his majesty or any lieutenant of a county, or other person authorized by his majesty, upon such terms and conditions as to his majesty shall seem fit; and to disband or discontinue the services of such corps. And by s. 26. all such officers shall rank with the officers of his majesty's regular and militia forces, as youngest of their respective ranks.* By s. 4. every person who shall be duly returned under this act as an effective member of any corps of yeomanry or volunteers in Great Britain, shall be exempt from serving personally, or providing a substitute in the militia of Great Britain or other additional force; but such exemption shall not extend to any corps, in the offer or acceptance of the service of which, it shall have been specified, that such exemption would not be claimed or allowed; or to any greater number of persons than the established number of such corps: and by s. 5. no person shall be deemed an effective member who shall not have fective members, duly attended properly armed and accoutred, and mounted if cavalry, at the muster or exercise of the corps, if cavalry 4 days, if infantry 8 days at the least, in the course of the 4 months next preceding each return made under this act; unless he shall have been absent with

Encouragement to serve.

s. 5.

Who deemed ef

leave,

But by the 46 Geo. 3. c. 125. no such officer shall rank above a field officer of the regulars or of the militia,

s. 8,

s. 17.

leave, or shall have been prevented by actual sickness, such sickness to be certified by some medical practitioner, nor unless such person shall be returned by his commanding officer, in manner directed by this act, as an effective member, and as having taken the oath of allegiance. And by s. 8. if any effective member shall have attended at the usual muster and exercise of the corps, the full number of 12 days if cavalry, or 24 days if infantry, within any 4 successive months commencing from any day appointed by this act for making returns, or within any 2 successive periods of 4 months commencing as aforesaid, he shall be entitled to exemption. By s. 17. persons inrolled in the yeomanry or volunteers, shall not be exempt from being ballotted to serve in the militia or additional force; and every person chosen by ballot, shall, if he quit such corps, or be discharged therefrom by his commanding officer for non-attendance or misconduct, during the war or until 6 months after, &c. be inmediately liable to serve for the full period of service for which he shall have been chosen by ballot: but by s. 18. no member of any corps of yeomanry or volunteers, who shall have been chosen by ballot to serve in the militia or other additional force, if he shall continue to serve as an effective member of such corps during the war and until 6 months after, &c. shall be liable to serve or find a substitute by reason of any such ballot; but such person shall however from thenceforth be liable to be chosen by ballot, and to serve, as if he had not before been chosen. It is 48Geo.3.c.111. a provision of the 48 Geo. 3. c. 111. s. 28. E. that the mem- Volunteers may bers of any corps of volunteers may transfer themselves, selves to local with the approbation of his majesty, to the local militia. militia.

s. 18.

s. 28 E.

transfer them

mutiny act.

By s. 21. adjutants, serjeant-majors, drill-serjeants, and When liable to serjeants, and all trumpeters, buglemen, drummers, and 44 Gro. 3. c.54. farriers, receiving constant pay, shall be liable to the s.21. G. B. mutiny act and articles of war, so that no punishment extend to life or limb. And by s. 22. in cases of invasion, or appearance of the enemy on any part of the coast of Great Britain, or of rebellion or insurrection then arising or existing, all corps of yeomanry, &c. shall, when they shall be summoned by the lieutenants of the counties

s. 22.

or their deputy lieutenants, or upon the making of any general signals of alarm, forthwith assemble within their respective districts, and march according to the terms and conditions of their respective service, or otherwise be deemed deserters, and punished as such, if not incapacitated, nor serving in any other corps; and all such corps shall, from the time of such summons or signal, until such invasion shall be repelled, or such rebellion, &c. suppressed, (to be signified by his majesty's proclamation) be subject to all the provisions of the mutiny act 23. and articles of war. And by s. 23. when

any such corps shall, with the approbation of his majesty signified through his principal secretary of state, voluntarily assemble or march to do military duty, upon any appearance of invasion, or for the purpose of improving themselves in military exercise, (except in the case specified, as to corps of yeomanry cavalry by s. 46.) or shall voluntarily march in pursuance of any order from the lieutenant or sheriff of the county, for the suppression of riots or tumults, they shall be subject to all the provisions of the mutiny act and articles of war. By s. 30. any person inrolled in any such corps may quit such corps, except when summoned or assembled upon actual service, or voluntarily assembled for the purpose of doing military duty.

The yeomanry of Ireland were first established by authority of the 37 Geo. 3. c. 2. Ir. which was to have continuance to the end of the then war: and the 42 Geo. 3. c. 68. I. is an act to enable his majesty to accept and continue the services of such troops or companies of yeomanry in Ireland as have voluntarily associated themselves under the 37 Geo. 3., or as shall hereafter voluntarily associate and inrol themselves in manner herein mentioned. By this act (s. 9.) no person who shall be inrolled or continued in any such troop or company, shall, during the time he is serving in such corps, be liable to serve personally, or to provide a substitute to serve in the militia, provided he shall produce a certificate signed by his commanding officer, that he has for 3 months immediately preceding the day on which he shall have been ballotted to serve in the militia, punctually attended at all such times and places as may have been appointed for the ex

s. 3,

43Geo.3.c.121.

liable to muling

s. 10.

In cases of in

vasion, officers

ercise of such troop, &c. unless prevented by sickness, which shall be specified in such certificate and verified by oath. And by s. 3. neither the inrolment in any such corps, nor the receiving such pay or allowances as hereby provided, shall subject any person to military discipline or the provisions of any mutiny act. But by the 43 Geo. 3. c. 121.I. (which amends this act) serjeants, trum- s. 8. I. peters or buglemen, and drummers, shall be subject to Serjeants, &c. the mutiny act and articles of war, so that no punishment act, &c. shall extend to life or limb. And by s. 10. in all cases of invasion, rebellion, insurrection, or apprehension thereof, in Ireland, his majesty or the lord lieutenant may order all corps to assemble in their respective districts, and such corps shall thereupon be liable to march according to their respective terms of service; and all officers and men in such corps shall from such time, and until the enemy be defeated and expelled, and all rebellion, &c. shall cease, be subject to the mutiny act and articles of war: but by s. 8. they shall be tried only by courts martial composed of yeomanry officers. By s. 11. they shall on so assembling be put under such general officers as his majesty shall appoint. And by s. 12. all officers of such corps shall rank with the officers of the regular and militia Rank of officers. forces as youngest of their respective ranks.

and men subject

to mutiny act.

s.11.

s. 12.

$. 4. E.

trained.

V. In order more effectually to provide for the defence § 5. of the realm, the 46 Geo. 3. c. 90. s. 4. E. enacts, that his Training act. majesty may on any returns made or to be made of the 46 Gen. 3. c.90. numbers of persons liable to serve in the militia, (under any act now in force or to be passed in this session) direct his privy council to take such returns into consideration, and to apportion any number of men not exceeding 200,000 amongst the several counties, and direct such Number to be number to be divided at the general and subdivision meetings of the lieutenancy, amongst the hundreds and parishes of such counties, in like manner as with respect to the militia. By s. 9. his majesty may direct any numbers not exceeding said 200,000, to be ballotted and inrolled, and also direct any proportion thereof to be taken either by ballot, or according to the order in which they shall have been ballotted, or according to any class with respect to age, marriage, or number of children,

s.9.

and

s. 25.

Time and place of exercise.

5. 26.

3.27.

S. 33.

s. 34.

Embodied in

and trained and exercised under this act: and by s. 25. the lieutenants of counties shall thereupon order the deputy lieutenants to fix the times and places of exercise, subject nevertheless to any orders of the secretary of state in that behalf; but Sunday shall not be a day of exercise unless specially ordered by his majesty. By s. 26. no person shall be required to attend any greater number of days' training and exercising than 24 days in the year; or to go for the purpose to any greater distance from his usual place of residence than 5 miles: and by s. 27. one of the constables or other peace officers in every parish, shall attend at the times and places appointed for training and exercise. By s. 33 his majesty may appoint general and other officers and non-commissioned officers for the commanding, training, and exercising the persons inrolled. By s. 34. his majesty, on apprehension of immediate invasion, may order all the persons inrolled to case of invasion, be embodied for any time not exceeding 21 days, but not to be marched out of their respective counties, unless in case of actual invasion, or of the appearance of an enemy in force upon the coast; and all persons so inrolled shall be under the command of the lieutenants and deputy lieutenants of the counties, or officers appointed by them, until his majesty shall appoint other officers. By s. 35. in all such cases of actual invasion of any part of the united kingdom, or of the appearance of an enemy in force upon the coast, his majesty may by order in council or proclamation, embody all or any part or class of the men who shall have been ballotted for the then year or the preceding year, and attach such men to the regulars or to the militia, or form them into new regiments or corps, or otherwise employ them in military service as occasion shall require; and direct them to be led into any part of Great Britain for the repelling such invasion, or suppressing any rebellion or insurrection existing at the time and such men shall, until disembodied by his majesty's order, be subject to all the provisions of the mutiny act and articles of war. But by s. 37. no person so drawn out shall be compellable to serve out of Great Britain, or be kept embodied for more than one month

s. 35.

after