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lieutenants,

etc. by the recited act.

as are vested in conferred, by the faid recited act, with respect to the militia, on three deputy any three deputy lieutenants, or any two deputy lieutenants together with any one juftice of the peace, or any one deputy lieutenant together with any two juftices of the peace, of any county at large, any thing in the faid recited act to the contrary notwithstanding; and that the faid deputy lieutenant or deputy lieutenants, and juftice of the peace or juftices of the peace, as aforefaid, fhall have a power to adjourn themselves from time to time as they shall fee proper.

Explanation
of the recited
act in relation
who fhall ab-
fcond or de-

to milita men

fert.

Substitutes'deferting, fhall, befides tuffer

punishment, ferve three

years from the day of their apprehenfion.

XII. And whereas doubts have arifen whether any principal or substitute, duly fworn and inrolled, according to the act of the second year of his prefent Majefly, who shall neglect to join the corps to which be belongs, or who after having joined it shall defert or abfent himself from his duty in the fame, before the expiration of the term for which he was fo fworn and inrolled, can be taken up and punished according to law, after the expiration of the three years for which he was fo engaged and fworn; it is hereby declared to be the true intent and meaning of the said act, That every principal, substitute, and volunteer, fhall faithfully perform his three years fervice; and if he shall abfcond or defert, or abfent himself from his duty in the fame, before the expiration of the time for which he was inrolled, whenever he is taken, he shall be subject to be punished for fuch default or defertion, and shall be obliged to complete the remainder of his three years fervice as was unexpired at the time of fuch his default or defertion.

XIII. And whereas feveral perfons have made a practice of taking money to ferve, and have deferted, and the pecuniary penalty on fuch ing military persons in general cannot be levied for want of fubftance, and the alternative of fix months imprisonment, in the common gaol of the county to which they belong, tends not only to corrupt instead of amending their morals, but is a lofs to the publick as well as to their families, and also a great expence to fuch parish as is by law obliged to fupport fuch families; be it therefore enacted by the authority aforefaid, That every substitute, fworn and inrolled after paffing this act, who fhall defert, whenever he fhall be taken, over and above fuch military punishment as fhall be inflicted on him, shall serve for and during the space of three years, to be computed from the day on which he was apprehended; and the commanding officer thall order notice to be given, to the clerk of the fubdivifion in which he is engaged to ferve, of his defertion, and the time of his apprehenfion, that he may make a fresh entry of his name in the roll of the men to ferve for fuch parith, for three years from the time of his apprehenfion, as aforefaid.

When any militia man deferts, commanding officer to certify the fame to the deputy lieutenants,

etc.

XIV. And be it enacted by the authority aforefaid, That in cafe any principal, fubftitute, or volunteer, thall abfcond, defert, or absent himself from his duty, and shall not return or be taken in the space of three months, that then, upon certificate thereof from the commanding officer of the regiment, battalion, or independant company, to the deputy lieutenants and juftices of the peace of the hundred or divifion for which fuch person so abfconding, deserting, or absenting himself, was fo chosen by lot,

hired,

hired, or ferved as fubftitute or volunteer; and fuch deputy who fhall hold lieutenants and juftices of the peace are hereby required to hold a fubdivifion a subdivision meeting, and to proceed to ballot for another per- ballot for anmeeting, and fon to serve and be returned to the regiment, in the room of fuch other perfon perfon fo having abfconded, deserted, or absented himself; and to serve in his in cafe fuch abfentee fhall at any time return or be taken, he room. fhall, notwithstanding any perfon fhall be fo chofen to ferve in

his room, be compelled to ferve out the rentainder of his time, as herein-before directed.

XV. And whereas, in order to evade the provifions already made Perfons balby the laws now in being concerning the raising of the militia, per- lotted preJons may pretend to be quakers who are not actually of that perfuafion, tending to be be it enacted by the authority aforefaid, That, from and after Quakers, must produce a certhe paffing of this act, when the lot fhall have fallen on any one tificate therebeing, or pretending to be, one of the people called Quakers, of, figned by no man fhall be deemed, taken, and accepted to be a quaker two reputable housekeepers within the meaning of the faid recited act, of the second of year of that perthe reign of his present Majefty, unless he produces, before fuafion, the deputy lieutenant and juftices of the peace at their subdivifion meeting, a certificate, under the hand of two or more reputable housekeepers of the people called Quakers, acknowledging him to be one of their perfuafion.

XVI. And whereas doubts have arisen whether perfons employed Perfons emin his Majesty's dock-yards, are by the faid recited act, made in the ployed in his fecond year of the reign of his prefent Majefty, liable to ferve, by yards not lia Majefty's dock themselves or fubftitutes, as militia men; for obviating fuch doubts, ble to ferve as be it enacted by the authority aforefaid, That no perfon or per- militia men; fons actually employed or mustered in his Majesty's dock-yards shall be compelled to ferve perfonally, or provide a substitute to serve in the militia; any thing in the faid recited act, or any other law, to the contrary notwithstanding.

XVII. Provided alfo, and be it further enacted, That no nor thofe emperfon actually employed and mustered in his Majefty's fervice ployed in his at the Tower of London, Woolwich Warren, the feveral gun-wharfs vice at the Majelty's ferat Portsmouth, Chatham, Sheerness, and Plymouth, or at the feveral Tower, Wool powder-mills, powder magazines, or other storehoufes belonging wich Warren, to his Majefty, under the direction of the board of ordnance, the gunfhall be compelled to ferve perfonally or find a fubftitute in the wharfs, etc. militia; any law, ufage, or custom, to the contrary notwithftanding.

fhall have'

XVIII. And be it enacted by the authority aforefaid, That Serjeants who any perfon who fhall have faithfully ferved as a ferjeant in any ferved 15 Years one corps of militia for fifteen years, and who shall be difcharged in any one from the fame, on account of his age or infirmities, during the corps of mitime the corps in which he served fhall be in actual fervice, litia, and dif fhall, on the recommendation of the commanding officer of the charged on account of age, said corps, and the lord lieutenant and two deputy lieutenants of etc. fhall be the county, riding, or place, to which the faid corps belongs, or intitled to exon the death or removal, or in the absence of the lord lieutenant, amination at by the cominanding officer and three deputy lieutenants of the the Chellea board, etc. county, riding, or place, to which the faid corps belongs, be L 3

entitled

Serjeants on the establifhment of Chel

entitled to examination at the Chelsea board, and be capable to be placed on the penfion of five-pence per diem, if the said board fhall judge him deferving thereof.

XIX. And be it enacted by the authority aforesaid, That any fea Hospital at perfon being a ferjeant on the establishment of Chelsea Hofpital, 1s.a day, being at an allowance of twelve-pence a day, and being appointed to appointed to ferve in any corps of militia, fhall and may receive the faid alferve in the lowance of twelve-pence a day, together with his pay from the militia, fhall faid corps of militia; any law, ufage, or cuftom, to the contrary receive the faidallowance, thereof notwithstanding.

together with their pay in the militia. Serjeants of Militia, who

XX. And be it enacted, That any ferjeant of militia (who fhall, by the commanding officer of his regiment, or by the fentence of a court-martial, be found guilty of misbehaving himfelf as fuch, and to have deferved being reduced into the ranks) fhall, befides any punishment fo to be inflicted by the courtmartial, be obliged to ferve in the regiment to which he belongs as a private militia man for the space of one year from the time ranks, fhail be of his being fo reduced into the ranks, notwithstanding he may obliged to have already ferved three years before his being appointed a ferjeant.

for misbehaviour, are reduced to the

ferve a year

therein, notwithstanding

three years.

XXI. And be it enacted by the authority aforefaid, That in they may have all counties where the number of men are fufficient to form already ferved four companies, but are not sufficient to form a regiment, it shall and may be lawful to and for his Majefty's lieutenant to appoint two perfons legally qualified to ferve without pay as field officers in fuch battalion, with the fame rank as if the number were fufficient to form a regiment.

In certain

counties, lord

lieutenanc may appoint two field off

cers without

pay, etc.

XXII. And whereas the feveral militia acts do not fufficiently explain how far any perfon, chofen by lot to ferve in the militia, fhall be compellable to ferve, if he has removed from the place wherein his name Every person was inferted in the lift before he was fo chosen by lot: and whereas chofen by lot many impediments and delays have arifen to the militia fervice from to ferve in the fuch uncertainty, and from the different opinions which prevail among militia, thall the deputy lieutenants and juftices of the peace refpecting this question; and fervants and unmarried men have availed themselves of thefe doubts, and have frequently changed their places of abode on purpose to avoid the fervice, by which means the lots ufually fall on married men, and the burthen thereby becomes unequal; be it therefore enacted by the authority aforefaid, That every person chosen by lot to serve in the militia, fhall be liable to fuch fervice, notwithstanding fuch removal.

be liable thereto, notwithtanding he may have changed the place of his abode.

If three deputy heute

nants fhall not attend at any general meetug, the fame to be adjourn ed.

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XXIII. And be it further enacted by the authority aforefaid, That in cafe three deputy lieutenants fhall not attend at any annual or other general meeting appointed, by virtue of the feveral laws now in force for raifing and training the militia, for any county, riding, or place, that two or one deputy lieutenants or deputy lieutenant attending at fuch meeting, fhall and may adjourn fuch meeting to any other time, and to any place in fuch county, riding, or place; and in cafe no deputy lieutenant fhall attend at the time and place appointed for fuch meeting, that then the clerk of the general meetings, or his deputy then

and

and there attending, fhall and may adjourn such meeting to any other time, and to any place, in fuch county, riding, or place.

become

reimbursed to

XXIV. And whereas the families of fubftitutes, hired men, or When the favolunteers, ferving in the militia when embodied and called out into milies of fubactual fervice, and ordered to march, may become chargeable to the ftitutes, etc. parishes to which they belong; be it therefore enacted by the au- chargeable to thority aforefaid, That one-half of the allowance made to fuch their pa ifhes, families fhall be reimbursed to the overfeer or overfeers of the half the exparish, tithing, or township, where the family of any fuch fub- pences fhall be ftitute, hired man, or volunteer, fhall become chargeable, by the the overfeers treasurer of the county, riding, or place, in which fuch parifh, by the treatithing, or township, fhall lie; and the account of the faid over- furer of the feer and overseers, verified on oath before a juftice of the peace county, etc. within the county, riding, or place, in which the family of fuch fubftitute, hired man, or volunteer, fhall be chargeable, and countersigned by a juftice of the peace for such county, riding, or place, fhall be a fufficient voucher to the said treasurer for the payment of such sum.

XXV. Provided always, That any relief which fhall be given Provifo. to the family of any militia man, during the time of actual service, fhall not deprive fuch militia man from voting for the election of any member to ferve in parliament.

fworn in mi

XXVI. And whereas the deputy lieutenants, chief magiftrates, Deputy lieuand justices of the peace, in feveral counties, cities, and places, where tenants, etc. the militia have been raised, have in fome inftances proceeded to chufe by indemnified lot, and to fwear in militia men and fubftitutes for fuch refpective for having counties, cities, and places, previous to the times at which the fame litia men, etc. ought to have been done pursuant to the provifions contained in the previous to militia laws now in being; be it enacted by the authority aforesaid, the times apThat fuch proceedings of the faid deputy lieutenants, chief ma- pointed for giftrates, and juftices of the peace, are hereby declared valid and that purpose. effectual; and the faid deputy lieutenants, chief magiftrates, and juftices of the peace, are hereby refpectively indemnified for fuch their proceedings.

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XXVII. And be it further enacted by the authority aforefaid, All militia That any person holding, or hereafter accepting a commiffion officers above in the militia of a higher rank than that of lieutenant, not hav- the rank of lieutenant, to ing already delivered in his qualification, who fhall neglect to deliver in their deliver in, to the clerk of the peace of the county, riding, or qualifications place, in and for which he is or fhall be appointed, a fpecifick within fix defcription of his qualification, in writing, figned by himself, months after within fix months after the paffing of this act, or within the act, or after fpace of fix months from the time of his accepting of fuch acceptingtheir commiffion as aforefaid, fhall be, and is hereby declared inca- commiffions, pable of holding the fame, and the faid commiffion is hereby otherwife fuch declared null and void to all intents and purposes whatsoever. to be void. XXVIII. And whereas an act was made in the twenty-fourth The benefits, year of the reign of his late majesty King George the Second, (inti- etc. granted tuled, An act for rendering juftices of the peace more fafe in the to justices by execution of their office; and for indemnifying conftables, and an act of others, acting in obedience to their warrants :) And whereas it is tended to lieunecessary tenants, etc.

L 4

commiffions

24

Geo, 2. ex

cution of Militia laws.

acting in exe- neceffary to extend the provifions of the faid act to this act, with reSpect to lieutenants and deputy lieutenants; be it therefore enacted by the authority aforefaid, That all and every lieutenant and deputy lieutenant, acting in the execution of the militia laws, fhall be intitled to all the benefits and protections by the faid act granted to fuch juftices of the peace.

Preamble.

Act 11 and 12

T

Gul. 3.

CA P. LX.

An act for relieving his Majefty's fubjects profeffing the popish religion from certain penalties and difabilities impofed on them by an act, made in the eleventh and twelfth years of the reign of King William the Third, intituled, An act for the further preventing the growth of popery.

WH

HEREAS it is expedient to repeal certain provifions in an act of the eleventh and twelfth years of the reign of King William the Third, intituled, An act for the further preventing the growth of popery, whereby certain penalties and difabilities are imposed on perfons profeffing the popish religion; may it please your Majesty that it may be enacted; and be it enacted by the King's moft excellent majefty, by and with the advice and consent of the lords fpiritual and temporal, and commons, in this present Certain clau parliament affembled, and by the authority of the fame, That ies in the laid to much of the faid act as relates to the apprehending, taking, or act, relating to profecuting, of popish bishops, priefts, or jefuits; and alfo to the profecuting popish bi- much of the faid act as fubjects popish bishops, priefts, or jefhops, etc. and fuits, and papifts, or perfons profeffing the popish religion, and imprifoning keeping fchool, or taking upon themfelves the education or for life papilts who keep government or boarding of youth, within this realm, or the fchools; and dominions thereto belonging, to perpetual imprisonment; and difabling pa- alfo fo much of the faid act as difables perfons educated in the pifts to inherit popish religion, or profeffing the fame, under the circumstances lands by detherein mentioned, to inherit or take by defcent, devife, or fcent, etc. in England or limitation, in poffeffion, reverfion, or remainder, any lands, Wales,etc. etc. tenements, or hereditaments, within the kingdom of England, dominion of Wales, and town of Berwick upon Tweed, and gives to the next of kin, being a proteftant, a right to have and enjoy fuch lands, tenements, and hereditaments; and also so much of the faid act as difables papifts, or perfons profeffing the popish religion, to purchase any manors, lands, profits out of lands, tenements, rents, terms, or hereditaments within the kingdom of England, dominion of Wales, or town of Berwick upon Tweed, and makes void all and fingular eftates, terms, and other interefts or profits whatsoever out of lands, to be made, fuffered, or done, from and after the day therein mentioned, to or for the use or behoof of any fuch perfon or perfons, or upon any truft or confidence, mediately or immediately, for the relief of any fuch person or perfons; fhall be, and the same, and every clause and matter and thing herein-before mentioned, is and are hereby repealed.

repealed.

Perfons hav ing or claiming any lands, etc.undertitles not hitherto

II. And be it enacted by the authority aforefaid, That every perfon and perfons having or claiming any lands, tenements, or hereditaments, under titles not hitherto litigated, though de

rived

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