for annual ex

ertife.

fen by ballot at fhall, on the first day on which fuch regiment is to affemthe first meeting ble, and in the prefence of the deputy lieutenants and officers affembled, caufe fuch a number of the perfons inrolled to serve in fuch regiment to be chofen by ballot out of the lift returned for each fubdivifion, as fhall be equal to two thirds of the complete number that ought to be inrolled: provided, that where the number cannot be di vided into three equal parts, the two thirds, to be chofen by ballot as aforefaid, fhall be computed upon the next highest number that can be divided into three parts. 1.71.

The day after the ballot the regiment to be muttered.

Vacancies by

filled up by ballot at the first meet

On the day next after fuch ballot, the commanding offcer fhall caufe the regiment, &c. to be muftered according to the fubdivifion for which each person shall have been inrolled to ferve, and fhall caufe the roll of each fubdivifion to be publicly called; and as the name of each perfon therein fhall be read, he fhall declare whether fuch perfon is or is not balloted out of fuch roll. f. 72.

And if any vacancy fhall happen by the death or difdeath, &c. to be charge of any perfon fo balloted, or by the expiration of the term for which he fhall have been inrolled to ferve, the commanding officer fhall, at the next annual exercife, proceed to ballot in manner before directed, for fuch further number as fhall be wanting to complete the propor tion of two thirds. 73.

ing.

The men bal

loted to be exercifed, and the

And every perfon the commanding officer fhall declare to have been balloted out of fuch roll, fhall be trained and remainder dif- exercifed in manner before directed, during every year for which fuch perfon is inrolled to ferve; and every perfor the commanding officer fhall declare to have been not balloted, fhall be difcharged from further attendance during the remainder of the annual exercife. 74.

charged from attendance.

The man fo dif

charged liacle to

military law

But every perfon fo difcharged fhall, during the time ha fhall remain in the place where fuch regiment is affembled, while he remains be fubject to the fame orders, as perfons chofen to be exwith the regi- ercifed, unlefs fuch perfon fhail be ufually refident in fuch place. 75.

ment.

And fhall appear on notice at

any fubfequent exercite.

Perfons not balloted may ferve for fuch as are.

And all perfons difcharged fhall appear at any fubfequent time or place of exercife, of which due notice fhall be given, and fhall, on default of appearance, be fubjec to the fame penalties and punishments as other perfons inrolled to ferve. f. 76.

If any inrolled perfon, not chofen by ballot, fhall offer himfelf as a volunteer to be trained and exercised in the room of any perfon chofen by ballot, the commanding officer may accept fuch volunteer in the room of fuch perfon balloted; and fuch perfon fo accepted fhall be trained and exercifed as if he had himfelf been chofen. 77.

All

the militia.

All mayors, bailiffs, conftables, tythingmen, headbo- Authority to maroughs, and other chief magiftrates, and officers of cities, gitrates to ballot towns, parishes, tythings, and places, and in their default or abfence, one juftice, are to quarter and billet the officers, non-commiflioned officers, and the private men ferving in the militia, at the times when they fhall be called out to annual exercise, in inns, livery ftables, alehouses, victualling houses, and all houses of perfons felling brandy, ftrong waters, cyder, wine, or metheglin by retail, upon application made to any fuch mayor, c. by his majesty's lieutenant, or by the colonel or commanding officer where they fhall be called out to exercife; and when the militia is not embodied, all mayors and other chief magiftrates, and officers aforefaid, or in their default or abfence, one justice, may order and provide convenient lodging in fuch houses for the ferjeants, corporals, and drummers. 78.

expence repaid

And in cafe any militia man fhall on his march, or at Militia men falle annual exercise, be difabled, by fickness or otherwife, one ing fick on the justice, or any mayor or chief magiftrate, where fuch man march to be rehall be, may, by warrant, order him relief, and the fame lieved, and the thall be given by the officers of the parish; and the officers by the county giving fuch relief fhall, upon producing an account of the treasurer, expences thereof to the treasurer of the county for which; fuch man fhall ferve (fuch account being first allowed under the hand of a juftice), be reimburfed fuch expences by fuch treasurer, and he fhall be allowed the fame in his accounts. f. 79.

carriages for the

And when the militia fhall be called out to be trained Juftices may and exercised, any juftice may, being required by an order grant warrants from the lieutenant, or deputy licutenant, or from the co- for impreifing lonel, or other chief commillioned officer of the regiment, militia on its being within fuch county, iffue his warrant to the chief march. conftables of hundreds, or to the petty conftables of the parishes, from, through, near, or to which any fuch 'regiment or detachment thall be ordered to march, requiring them to provide carriages, to convey the arms, clothes, accoutrements, powder, match, bullets, and other flores, with able men to drive fuch carriages, as fhall be mentioned in the order; and in cafe fuch carriages and men cannot be provided within fuch county, hundred, parish, or place, then any juftice, for any adjoining county, fhall, pon fuch order being fhewn him, ifiue his warrant to the chief conftables, or petty conftables of any hundred or parifh within fuch adjoining county, for the purpofes aforefaid, to make up fuch deficiencies of carriages and men. f. 80.

And fuch lieutenant, deputy lieutenant, or colonel, or Rates to be gail

Y 2

other for fuch car.

To go only one

other chief commiffioned officer, requiring fuch carriages and men to be provided, fhall pay to fuch chief conftable, conftable, or petty conftable, for the ufe of the person who fhall provide fuch carriages and men, 1s. for every mile any waggon with five horfes, and any wain with fix oxen, or with four oxen and two horfes fhall travel, and 9d. for every mile any cart with four horfes fhall travel, and fo in proportion for any carriages drawn by lefs horses or oxen; for which fums every fuch conftable receiving the fame, is to give a receipt to the perfon paying the fame. f. 80.

And fuch chief conftables and petty conftables fhall day's journey. order fuch perfons, having carriages within their hundreds, or parishes, as they think proper, to furnish such carriages and men according to the warrant; and every perfon fo ordered is to provide the fame for one day's journey, and no more.. 80.

Allowance out of

And in cafe any fuch chief conftables, or petty conftathe county rate. bles, fhall be at any charges for fuch carriages, over the money received, fuch overplus fhall be borne by every county where fuch additional expence fhall be incurred, and be repaid to them without fee, by the treasurer of fuch county, out of the public ftock. f. 80.

State of the regiment at annual exercife to be fent to the lieutenant.

to buy them neceffaries.

The colonel, or other commanding officer of every regiment, &c. thall, when the regiment fhall be called out to annual exercife, return to the lieutenant of the county, a true state of fuch regiment; and in cafe he thall refufe or neglect for fix months after annual exercife fo to do, he fhall forfeit 100l. f. 81.

Men may be put And when any regiment, &c. fhall be affembled for the under oppies purpofe of being trained and exercifed, the captain, or commanding officer of every company may put the men under ftoppages, not exceeding 6d. per day, for the purpose of providing them with linen, ftockings, and other neceffaries, and for defraying the expence of repairing any arms broken or damaged by fuch man's neglect: provided, that every fuch officer fhall accour with each man for fuch stoppage, and after having deducted what thall have been laid out for neceffaries, and repairing the arms, fhall pay the fum remaining to the militia man before difiniffed from exercife, .87.

Mulets to be marked.

Peralty on mili.

a man felling

his arms, &c.

All muskets fhall be marked with the letter (M) and the name of the county, riding, or place, to which they belong. f. 85.

And in cafe any militia man fhall fell, pawn, or lofe any of his arms, clothes, or accoutrements, or neglect or refufe to return the fame in good order to his captain, or to the

Ferfon appointed to receive the fame, fuch militia man thall forfeit, not exceeding 3/. and if he fhall not immediately pay fuch penalty, the juftice before whom he shall be convicted, fhall commit him to the houfe of correction. for not exceeding three months. . 85.

ceivers.

And if any person fhall knowingly buy, take in exchange, Penalty on the conceal, or otherwife receive any arms, clothes, or accou- buyers and res trements, belonging to any militia man, contrary to this act, he fhall forfeit 51. which if not immediately paid, and there are not sufficient goods to levy fuch penalty, the juftice shall commit him to the common gaol, for three months, or shall caufe fuch offender to be publicly whipped. f. 86.

And the arms belonging to every regiment, &c. when Where arms are not embodied, fhall be kept in fuch place as the colonel to be kept. or commanding officer fhall direct, with the approbation of the lieutenant of the county. f. 90.

refide where

And one third of the ferjeants, corporals, and drum- One third of mers, in every regiment, &c. fhall conftantly be refident ferjeants, &c. to within the place where the arms are kept, and fhall be arms are kept. under the command of the adjutant, who fhall act under the orders of the colonel, or where there is no colonel, of the commanding officer. f. 91.

made of fer.

And the adjutant, and in his abfence the ferjeant major, Return to be fhall make a monthly return of the ferjeants, corporals, jeants, &c. and drummers, to the lieutenant of the county, and the monthly! commanding officer; in default, of which, on each neglect, fuch adjutant or ferjeant major fhall be fubject to fuch punishment as a court martial fhall adjudge. f. 91.

to be abfens

And no ferjeant, corporal, or drummer, fhall be abfent No ferjeant, &c. from fuch place without furlough from his colonel, or com- without furmanding officer; and every ferjeant, &c. who fhall abfent lough. himself without furlough, thall be liable to be apprehended as a deferter. 91.

be abfent with

And fuch adjutant fhall never abfent himfelf from fuch Adjutant not to place, without leave of his colonel, or commanding offi- out leave. cer. f. 91.

But whenever fuch adjutant shall be abfent, then fuch When he is, ferjeants, &c. fhall be under the command of the ferjeant ferjeant major to major, or ferjeant appointed by the adjutant, with the approbation of the colonel or commanding officer. f. 91.

inferior officers

Every adjutant, ferjeant major, ferjeant, corporal, drum Adjutant and major, and drummer, fhall be fubject to the mutiny act, fubject to the and to the articles of war, under the command of the co-mutiny act. lonel or commanding officer; and the colonel, or (where no colonel) the commanding officer, may direct the holding of courts-martial, whenever fuch regiment fhall be embodied

Y 3

Serjeants and corporals redu

cable to the ranks.

appearing at annual exercife, or delerting.

embodied for the purpofe of annual exercife, for the trial of any ferjeant major, ferjeant, corporal, drum major, or drummer, for any offence committed during the time fuch regiment was not embodied, fo that no punishment extend to the lofs of life or limb. . 88.

And any ferjeant or corporal may, by fentence of a court martial, be reduced to a private, to ferve as fuch not exceeding fifteen months; after which time, if not re-ap pointed, he shall be discharged. f. 89.

XI. Not appearing at, or deferting from, annual exercife.

Militia men not Every militia man (not labouring under any infirmity. incapacitating him) who fhall not appear at annual exercife, according to this act (notice having been published as this act requires), fhall be deemed a deferter, and if not taken until after the time of exercife, fhall forfeit 201.; and every militia man who, having joined the regiment, fhall defert or absent himself during annual exercife, and fhall not be taken until after fuch exercife, fhall forfeit 201. and if fuch penalty fhall not be paid, the juftice before whom he shall be convicted, fhall commit him to the common gaol, for fix months. 26 Geo. 3. c. 107. f. 82.

Method of pro reeding when

Information is

received of the refidence of a

militia/man not

joining at the

annual exercife."

And if any militia man fhall not join the regiment to which he belongs, at annual exercife, or fhall defert during annual exercife, and thall not be apprehended before the expiration of fuch exercife; and if the commanding officer or adjutant, or commanding officer of the company to which fuch offender belongs, thall receive information of the place where he fhall be, fuch commanding officer or ad jutant may, by writing under his hand, defcribe the perfon of fuch offender, and also certify that he did not join the regiment at annual exercife, or that he deferted during annual exercife; and fend the fame by a ferjeant, corporal, or drummer, to the adjutant, or ferjeant major of the regiment of the county wherein fuch offender is fuppofed to be; and the adjutant, or ferjeant major to whom fuch certificate fhall be fent, fhall direct a party of ferjeants, corporals, or drummers, to afft in apprehending fuch offender, and in conveying him before fome juftice; and , by his confeffion, or the teftimony of any witness upon oath, or the knowledge of fuch justice, it shall appear that fuch perfon is guilty of fuch offence, fuch adjutant, or ferjeant major, fhall order a party of ferjeants, Gr. to