who fhall tranfmit du

fubdivifion meetings:

Seven days after which,

fubdivifion

be held.

and that fuch fignature as aforefaid fhall be binding and conclufive, to all intents and purposes, on the perfon so signing as aforefaid.

II. And be it enacted by the authority aforefaid, That the clerk plicates to the of the general meeting thall 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 serve for the parishes, townships, or places, within fuch refpective fubdivifions; and the clerk of each fubdivifion meeting refpectively thall, on receipt thereof, forthwith give feven days notice for a fubdivifion meeting to be held, at which the whole number, meetings thall whofe times fhall expire within four months of the date of the faid lifts, fhall be chofen by lot, or otherwife fupplied, 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 fworn and enrolled, fhall acquaint each man who fhall be chofen for any parifh, 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 fervice as fubftitute or fubftitutes for the next three years, after the expiration of his or their prefent term of service, and alfo 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 perions then ferving, who fhall have figned their confents as above directed; and fuch perfons as are willing fo to

1

give the fums fo fet down as aforefaid, fhall fignify their confent
thereto, and shall forthwith pay, into the hands of the deputy
lieutenants or juftices, fuch fum or fums as ftand refpectively in
the faid lifts against the names so subscribed as aforesaid; 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 such perfons refpectively as shall
have engaged to ferve as above-mentioned, who, on the receipt
thereof, fhall be fworn and inrolled as is herein after directed: Juftice to ad-
and that it shall and may be lawful for any juftice of the peace oath to militia
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.
ftice 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 di-
rected; which certificate fhall be good and valid to all intents
and purposes, as if the perfon fo fworn had been inrolled.

Form of CERTIFICATE.

minifter the

fhire, A. B. of the parish of C. in the county of D. hired as a Form of certo wit.fubftitute to ferve in the militia for E. F. of the parish tificate. of G. in the county of H. came this day before me J. K. one of his Mojefty's juftices of the peace for the county of

oath; videlicet,

and took and fubfcribed the following

A. B. do fincerely promife and fwear, that I will be faithful and bear true allegiance to his majesty King George, his heirs and fucceffors; 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.

where there are only two

III. And be it further enacted by the authority aforefaid, In counties That in all counties where the number of men is fufficient to form two companies only, the eldeft captain fhall rank as major, companies, but shall only be intitled to the pay of captain; and no clerk the eldelt capshall 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 such company or companies, who shall account with him for the fame.

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 commiffion provided, that the acceptance of a commiffion in the faid militia fhall in any corps not vacate the feat of any member returned to ferve in parliament: men raised, and whereas his Majefty has thought proper, for the more effectual or to be raised, VOL. XXXII.

L

pro

of fencible

in Great Britain, in which

the officers shall not be intitled to

thereof, fhall

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 on reduction to have any rank in the army, after the faid corps shall be difmiffed and difembodied, 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 Majefty may think proper to grant commiffions to officers to raise 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 commiflion 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 Majefty 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, fhall not, nor fhall be construed to vacate the feat of any member returned to ferve in parliament.

Officers in new railed

cible men, and

to rank according to feniority.

V. And whereas it is necessary to ascertain the rank to be held by the officers of certain corps raised, or to be raised, within that part of corps of fen- Great Britain called Scotland, called fencible men, or of any other militia ficers, corps of men which may be raised within Great Britain, wherein fuch officers fhall not be intitled to rank or balf-pay, except during the time of the actual fervice of such corps, with respect to the officers of the militia of that part of Great Britain called England, during the time that the officers of fuch corps, and of the militia, fhall serve together; be it therefore enacted by the authority aforesaid, 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 a battalion of militia is commanded by a lieutenant colonel, tain cafes,may who fhall have been commandant of the fame for five years or give a 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 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.

Lord lieute

nant, in cer

commiffion to

colonel.

No quartermaiter, fur

VII. And it is hereby further enacted by the authority aforefaid, That no perfon, ferving as quarter-mafter, furgeon, or geon,or batta battalion clerk, in the militia, fhall, from the time of paffing this lion clerk, to 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, lieutenant. though he should have fuch qualification as the law requires for fuch higher commiffion.

Commanding VIII. And whereas, in and by the faid recited at, it is (amongst officer, with other things) enacted, That when the militia of any county, riding, or the confent, 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

rated into the

or, in the abfence of his Majesty's lieutenant, with the confent of two volunteers, to or more of the deputy lieutenants, any number of perfons who should be incorpooffer themselves as volunteers, and who should appear to him to be other compaJufficiently trained and difciplined, and provided with proper clothes, nies, or to arms, and accoutrements, and who should take the oath, and perform form a distinct the other acts therein prefcribed; be it further enacted by the au- company. thority aforefaid, That it fhall and may be lawful for the commanding officer, with the confent of his Majesty's lieutenant, or, in the absence of his Majefty's lieutenant, with the confent of any two or more of the deputy lieutenants, to accept a number of volunteers to ferve in the faid militia, either to be incorporated into the other companies, or to be formed into a diftinct company, in which latter cafe commifiions may be granted by his Majefty's lieutenant to officers legally qualified to command the fame.

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 volunteers 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 thall company of have the fame allowance, with regard to pay, arms, clothes, and the fame, etc. accoutrements, as militia men are by law intitled to, during the time of their continuing in actual service.

pay, not to

X. And be it further enacted by the authority aforefaid, That Officers intitno perfon who is intitled to half-pay fhall be deemed or taken led to halfto 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 nevertheless conti- ing as lieutenue; and, instead of the oath now appointed, fuch officer fhall nants or entake the following oath ;

IA. B. do fwear, That I had not, between the

figns in the militia.

Oath to be

any place or employment of profit, civil or military, taken by tuch

under his Majefly, befides my allowance of half pay as a reduced

in

late regiment of

in

(or allowance as
late troop of horfe guards, or
regiment of bore
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

officers.

And the taking 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, ftatufe, or ufage, to the contrary notwithstanding. XI. And be it further enacted by the authority aforefaid, That When militia at any meeting for any county, city, or town, whofe militia fhall is on actual be at that time on actual fervice, it fhall be lawful for any two deputy lieute fervice, two or more of the deputy lieutenants of fuch county, city, or town, nants, etc. or for any one deputy lieutenant together with any one justice hall have the of the peace of fuch county, to have and exercife all the powers fame powers at meetings,

L 2..

con

three deputy lieutenants,

etc. by the recited act.

as are vefted in conferred, by the faid recited act, with refpect to the militia, on 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 to militia men

who fhail abfcond or de

fert,

Substitutes'deferting, thall, befides fuffering military punishment, ferve three

years from the day of their apprehenfion.

When any militia man

XII. And whereas doubts have arifen whether any principal or fubftitute, duly fworn and inrolled, according to the act of the fecond year of his prefent Majefty, who fhall neglect to join the corps to which be belongs, or who after having joined it fhall defert or abfent himself from his duty in the fame, before the expiration of the term for which be 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 faid act, That every principal, substitute, and volunteer, shall 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 fhall 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 several perfons have made a practice of taking money to ferve, and have deferted, and the pecuniary penalty on such perfons in general cannot be levied for want of fubftance, and the alternative of fix months imprifonment, 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 such families; be it therefore enacted by the authority aforefaid, That every fubftitute, fworn and inrolled after paffing this act, who fhall defert, whenever he shall be taken, over and above fuch military punishment as thall 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 fhall 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 parish, for three years from the time of his apprehenfion, as aforefaid.

XIV. And be it enacted by the authority aforefaid, That in cafe any principal, fubftitute, or volunteer, thall abfcond, defert, deferts, com- or absent himself from his duty, and shall not return or be taken manding ofin the space of three months, that then, upon certificate thereof ficer to certify 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, deferting, or abfenting himself, was fo chofen by lot,

the fame to the deputy lieutenants,

etc.