'period, any place, office, or employment of profit, civil or 'as a [of the army or navy or marines or of a provisional 'battalion formed from the militia, as the case may be,] and 'except my pay and allowances from the to the 'both days inclusive, during which period the militia Out-Pension to Drummers not Which declaration, so taken and subscribed, shall be produced to the paymaster general of Her Majesty's forces by the paymaster, surgeon, or quartermaster claiming the allowance: Provided always, that any paymaster, surgeon, or quartermaster receiving such allowance, and being on naval or military half pay, or entitled to any allowance as having served in any of Her Majesty's regular forces, or navy, or marines, shall, notwithstanding such militia allowance, be entitled to receive such half pay or allowance. 11. And whereas certain non-commissioned officers and drumReduced Non- mers of the militia of the United Kingdom of Great Britain and commissioned Ireland have, on the reduction of the establishment of the disemOfficers and bodied staff, been placed on the out-pension, although not unfit to be received for further service; be it enacted, That no non-commissioned while serving. officer or drummer so placed on pension shall be entitled to receive the said pension for any period during which he shall be receiving pay in the militia. Subalterns, Mates, &c. to attend the Exercise, &c. Commanding Officer may grant Leave of Absence 12. And be it enacted, That every paymaster, surgeon, or quartermaster on the reduced allowance, and every subaltern officer, surgeon's mate, and assistant surgeon of the militia, who shall be entitled or claim to be entitled to any allowance as aforesaid, shall regularly attend the exercise and training of the regiment, battalion, or corps to which he belongs during the whole of the time it shall be assembled for that purpose, and shall during the said time punctually do and perform his duty as a paymaster, surgeon, quartermaster, subaltern officer, surgeon's mate, or assistant surgeon of such regiment, battalion, or corps, on pain of forfeiting the said allowance, as well as all arrears of the said allowance and of pay; and a certificate of his having so attended and performed his duty, signed by the commanding officer of the regiment, battalion, or corps to which he may belong, shall be transmitted to the paymaster general by the officer claiming the allowance Provided always, that in case any such paymaster, surgeon, quartermaster, subaltern officer, surgeon's mate, or assistant surgeon claiming to be entitled to such allowance, shall by his commanding officer be permitted or suffered, for any special cause or unavoidable necessity, to be absent during the whole or any part of such exercise, for which purpose it shall be lawful for such commanding officer to grant such leave of absence, then and in such case it shall be lawful for such paymaster, surgeon, quartermaster, subaltern officer, surgeon's mate, or assistant surgeon, who may be so permitted to be absent, and have such leave in writing, to demand and receive the said allowances and every part thereof in like manner as if he had attended during the whole of the said exercise: Provided always, that the reason for such absence, as well as the duration thereof, shall be carefully and truly specified in a certificate (in lieu of that before mentioned), to be signed by the commanding officer, and to be furnished as soon as conveniently may be to the paymaster general. before the time 13. Provided always, and be it enacted, That in case any regi- If the Regi ment, battalion, or corps of militia shall not, before the time fixed ment be not for the payment of the said allowances, be called out for the called out exercise and training thereof, every paymaster, surgeon, quarter- fixed for the master, subaltern officer, surgeon's mate, and assistant surgeon Payment, the belonging to any such regiment, battalion, or corps, and coming Allowance within the aforesaid benefits of this Act, who shall have made and shall be paid, subscribed the declaration herein-before mentioned before any on making the Justice of the Peace or other person as aforesaid, shall be entitled without Certo the said allowance as if he had regularly attended the exercise tificate of and training of such regiment, battalion, or corps during the whole Attendance. of the time by law appointed for that purpose, and as if a certificate of such attendance, signed by the commanding officer of the regiment, battalion, or corps, had been furnished. Declaration, 14. And be it enacted, That upon such declarations and certifi- Allowances cates as aforesaid, or where any regiment of militia shall not have to be paid been called out to their exercise as aforesaid, upon the said decla- quarterly. rations being produced to the paymaster general, it shall be lawful for the paymaster general, and he is hereby authorized and required, to pay to the said paymasters, surgeons, quartermasters, subaltern officers, surgeon's mates, and assistant surgeons, their respective allowances above mentioned for the usual quarterly or other proper periods, without any deduction whatsoever, the declarations and certificates before mentioned to be by him preserved and produced as vouchers for the payments. shall forfeit 15. And be it enacted, That the paymasters, surgeons, quarter- On Neglect of masters, subaltern officers, surgeon's mates, and assistant surgeons Attendance, of militia, entitled or claiming to be entitled to the aforesaid Subalterns, &c. reduced or disembodied allowances, shall at all times be liable to their Claim to serve in the respective regiments, battalions, or corps to which the Allowance. they belong whenever the same shall be embodied and called out upon active service; and in case of neglect or refusal to attend when called upon, on such occasion or on such other occasions as may be required in pursuance of the laws in force respecting the militia when disembodied, each and every such paymaster, surgeon, quartermaster, subaltern officer, surgeon's mate, and assistant surgeon shall, on such neglect or refusal being certified to the secretary at war, and, in respect of the Militia of Great Britain, to the lord lieutenant of the county, by the colonel or other commandant of the regiment, battalion, or corps to which such paymaster, surgeon, quartermaster, subaltern, surgeon's mate, or assistant surgeon shall belong, forfeit his claim to the said allowance and Allowance while the every part thereof, and shall also be considered as having resigned and vacated his commission to all intents and purposes whatsoever. 16. And be it enacted, That nothing in this Act contained shall not to be paid extend or be construed to extend to entitle any paymaster, surgeon, quartermaster, subaltern officer, surgeon's mate, or assistant surgeon as aforesaid to the said allowance, or any part thereof, during the time the militia to which he belongs shall be embodied or assembled for training and exercise. Militia is embodied. Persons on Half Pay, or 17. Provided always, and be it enacted, That any person being on naval or military half pay, or being entitled to any allowance as having served in any of Her Majesty's regular forces or navy or marines, and serving in the militia, shall and may and he is hereby empowered to receive and take the pay and allowances by this Act directed to be paid to the field officers, captains, lieutenants, ensigns, adjutants, quartermasters, surgeons, surgeon's mates, and assistant surgeons, when assembled for annual training; and the receiving and taking any such pay and allowances by any such field officer, captain, lieutenant, ensign, adjutant, quartermaster, surgeon, surgeon's mate, or assistant surgeon shall not prevent such person on half pay, or being entitled to any such allowance, from receiving his half pay or such allowance: Provided always, that such person shall, in the declaration to be taken for the receipt of the half pay or such allowance, declare that he has received or is entitled to such militia pay and allowances, and shall specify the milita rank which entitles him to the same. Adjutants, &c., 18. Provided always, and be it enacted, That no adjutant, Non-commis- quartermaster, non-commissioned officer, drummer, or private man sioned Officers in the regular militia entitled to receive Chelsea or Kilmainham or Privates, pension or allowance on account of service in the regular army not to lose their Right to shall forfeit or lose his right to the same by reason of his serving Chelsea Pen- and receiving pay in the regular militia; nor shall any quartersions, &c. master, subaltern, surgeon's mate, or assistant surgeon forfeit or lose his right to receive any such Chelsea or Kilmainham pension or allowance by reason of his receiving the allowance by this Act granted to him when disembodied. Allowance to be made for Medicines. Adjutants appointed be any 19. And be it enacted, That there shall be granted for each regiment of regular militia, when disembodied, a sum of money after the rate of one guinea for every one hundred men of each such regiment, for the expence of necessary medicines for the sick non-commissioned officers, drummers, fifers, and private men of such regiment, during the period or periods of assembly for exercise or training; and also an allowance of two-pence per week for each of the non-commissioned officers of each regiment on the disembodied staff at head quarters for the expence of necessary medicines and attendance given to the said non-commissioned officers while such regiment is not called out for training and exercise. 20. And be it enacted, That every adjutant of regular militia appointed as such before the twenty-fourth day of December, one entitled to thousand eight hundred and fourteen, who shall have served faith- fore 24th Defully, either in Her Majesty's regular forces or in the regular or cember, 1814, local militia, for the full term of twenty years in the whole, whereof ten shall have been in service as an adjutant of regular militia, a Service of receive, after and who shall be by age or infirmity rendered unfit for further Twenty Years, service, shall, on producing to the secretary at war a certificate if unfit for furof such service of twenty years as aforesaid from the command- ther Service, ing officers of the different corps to which he shall have belonged, of 8s. per day; and upon obtaining an order from the secretary at war founded upon such certificate, be entitled to receive, and the paymaster general shall and he is hereby authorised to pay to such person, an Allowance an allowance at the rate of eight shillings per diem: Provided provided they always, that no person shall be entitled to receive such allowance do not hold as aforesaid who shall hold any military office or employment of certain other profit under Her Majesty or any other government; and that no Appointments. person who before the first day of June, one thousand eight hundred and twenty-nine, held any civil place or employment of profit under the crown, or in the colonies or possessions of Her Majesty beyond the seas, or under any other government, shall receive any part of the said allowance for any time during which he held such civil place or employment, except in the cases in which the emoluments of such civil place or employment shall not exceed three times the amount of the said allowance, and unless in such excepted cases the royal consent to the holding of such civil place or employment shall have been signified through the secretary at war; and that no person appointed on or after the first day of June, one thousand eight hundred and twenty-nine, to any civil place or employment of profit under Her Majesty, or in the colonies or possessions of Her Majesty beyond the seas, or under any other government, shall receive any part of the said allowance for any time during which he shall hold such civil place or employment: Provided always, that any adjutant appointed after the Adjutants twenty-fourth day of December, one thousand eight hundred and appointed fourteen, who shall have served faithfully, either in Her Majesty's since 24th regular forces or in the regular or local militia, for the full term December, 1814, entitled of thirty years in the whole, whereof fifteen shall have been in to receive, service as an adjutant of regular militia, and who shall be by age after Thirty or infirmity rendered unfit for further service, shall, upon pro- Years Service, ducing to the secretary at war a certificate of such service of thirty &c. an Allowyears as aforesaid from the commanding officers of the different ance of 6s. per Day. corps to which he shall have belonged, and upon an order from the secretary at war founded upon such certificate, be entitled to receive an allowance at the rate of six shillings a day, in like manner and subject to the same restrictions and conditions as the aforesaid allowance of eight shillings: Provided also, that no such Right to Half adjutant shall lose any right he may have to half pay or out- Pay reserved. pension by reason of receiving such allowance of eight shillings or six shillings a day as aforesaid, but shall be entitled to receive such half pay or out-pension as well as such allowance: Provided Certain Terms always, that in cases of very long and meritorious services it shall extended to and merito Adjutants in be lawful for the secretary at war to extend to any adjutants apCases of long pointed between the twenty-fourth day of December, one thousand rious Services, eight hundred and fourteen, and the ninth day of July, one thousand eight hundred and twenty-three, the terms, either in whole or in part, herein-before prescribed for the retirement of adjutants appointed before the twenty-fourth day of December, one thousand eight hundred and fourteen. Allowances to Quarter masters. 21. And whereas certain allowances have been granted in purAdjutants, suance of former Acts to adjutants, surgeons, and quartermasters Surgeons, and of regular militia who have by age or infirmity been rendered unfit for further service; be it enacted, That such allowances shall be issued and paid, during the continuance of this Act, in like manner and subject to the same restrictions as the allowances granted by this Act to adjutants who shall by age or infirmity be rendered unfit for further service: Provided always, that no person receiving such allowance shall by reason thereof forfeit his right to any half pay to which he may be entitled. Right to Half Reduced Adjutants to receive 4s. per Day till 30th June, 1842. Right to Half Adjutants and Serjeant Majors entitled to under 39 & 40 Allowance G. 3, c. 4. Reduced Adjutants may take such Allowance with 22. And be it enacted, That in case any regiment, battalion, or corps of militia shall have already ceased and determined or been reduced in its establishment, or shall cease and determine or be reduced in its establishment during the continuance of this Act, the sum of four shillings per diem shall be paid to such person as was or shall be actually serving as adjutant to such regiment, battalion, or corps at the time of reduction, from the thirtieth day of June, one thousand eight hundred and forty-one, or from the time such regiment shall cease and determine or be reduced in its establishment, (as the case may be,) to the thirtieth day of June, one thousand eight hundred and forty-two, in like manner and subject to the same restrictions and conditions as the allowances granted by this Act to adjutants who shall by age or infirmity be rendered unfit for further service: Provided always, that no such reduced adjutant shall lose any right he may have to half pay of the navy, army, marines, or provisional battalion formed from the militia, by reason of receiving such allowance as last aforesaid, but shall be entitled to receive such half pay as well as such allowance. 23. And whereas certain adjutants and serjeant majors are entitled to and have received certain allowances in consequence of having been reduced under the provisions of an Act passed in the thirty-ninth and fortieth years of the reign of His Majesty King George the Third, which allowances have been continued, and as to such adjutants augmented to four shillings per diem; be it therefore enacted, That all such adjutants and serjeant majors shall be entitled to receive and shall receive such allowance from the thirtieth day of June, one thousand eight hundred and fortyone, to the thirtieth day of June, one thousand eight hundred and forty-two. 24. And be it enacted, That every reduced adjutant entitled to any allowance granted under the said Act of the thirty-ninth and fortieth aforesaid, and continued by any subsequent Acts or years |