pany of the made in the thirtieth year of his Majefty's reign, intituled, An of, and to serve act for the better ordering of the militia forces, in the feveral counties in, fome comof that part of Great Britain called England, united, for the pur-county, &c. poses therein mentioned; and the deputy lieutenants and juftices to which such of the peace of and for the county or riding to which fuch city city or town or town is so united, as aforesaid, fhall, in fuch case, have full is, by act 30 Geo. 2. united; power and authority to act within fuch city or town, with re- and the dep. spect to such matters only as fhall relate to the militia thereof, lieutenants in the fame manner, and to all intents and purposes, as they are and justices by law impowered and required to act, with respect to the mi- may act therein,as they may litia of any other part of fuch county, riding or place; any do in any thing herein, or in any other act, contained to the contrary not- county, with withstanding. refpect to the militia thereof. militia while XIII. And whereas fome doubt hath arisen, whether certain pro· vifions contained in an act made in this prefent feffion of parliament, All the proviintituled, An act for punishing mutiny and desertion, and for the fions in the better payment of the army and their quarters, do at any time, or mutiny act in any cafe, extend to the officers of the militia and private militia men; it is hereby declared and enacted, That from the time are to extend that any regiment, battalion, or independent company of mi- equally to the litia fhall be drawn out and embodied, until they thall be re- drawn out and turned again, by order of their commanding officers, to their embodied, as respective parishes or places of abode, all the provifions contain- to the King's ed in the said act relating to officers and foldiers mustered, lifted, regular forces; excepting or in pay in his Majefty's fervice, do and fhall equally extend wherein it is to, and take place, in refpect of the officers and private militia otherwife spemen of every fuch regiment, battalion, or independent compa- cially providny of militia respectively, excepting only as to fuch particulars ed for by any as are or fhall be otherwife fpecially provided for by any act or acts. acts of parliament for regulating the militia forces within that part of Great Britain aforesaid. of the militia for the ifle of XIV. And whereas by a claufe in an act made in the last feffion The claufe in of parliament, intituled, An act for enforcing the execution of the act 32Geo. the laws relating to the militia; and for removing certain dif- 2. enacting, >ficulties, and preventing inconveniencies attending, or which that one half of the qualifi may attend, the fame; it is enacted, That one half of the eftates cation of dep. thereby respectively required for the qualification of the deputy lieutenants lieutenants, and of the captains, lieutenants, and enfigns, of the and officers militia in the ifle of Ely, in the county of Cambridge, fhall be Ely, fhall lie fituate or arifing within the faid ifle, from which provifion fome within the faid inconvenience has been found to arife; for remedy whereof, be idle, is reit enacted by the authority aforefaid, That fo much of the faid pealed; claufe as requires that one half of luch eftates fhall be fituate or may lie either arifing within the faid ifle of Ely, be, and the fame is hereby in Ely orCamrepealed; and that one half of the eftates by the faid recited act bridgeshire; respectively required for the qualification of the deputy lieutenants, and of the captains, lieutenants, and enfigns of the militia, in the said ifle of Ely, fhall be fituate or arifing within the said ifle, or some other part of the county of Cambridge: and but the penal. in case any person fhall act as a deputy lieutenant, or as a cap- not being quaty of acting tain, lieutenant, or enfign of the militia, in the faid ifle, who lified, is the - VOL. XXIII. E fhall and the fame fame as within any other County. Preamble. shall not be refpectively qualified in fuch manner as by the faid recited claufe (fo far as the fame is not hereby altered) and by this act is required, every fuch perfon fhall be fubject and liable to the fame penalties and forfeitures as any perfon is fubject and liable to for acting as a deputy lieutenant or officer of the militia, within any other county or place in England, without being qualified according to the acts of parliament now in force relating thereto. CAP. XXIII. An act for enabling his Majefty to raise a certain fum of money towards Preamble. Credit of loan granted to his Majefty for raifing 1,500,000l. CAP. XXIV. any An alt for applying the money granted in this feffion of parliament, towards defraying the charge of pay and cloathing of the unembodied militia, for one year, ending the twenty fifth day of March, one thousand seven hundred and fixty one; and for explaining certain parts of the alts for the better ordering of the militia forces within that part of Great Britain called England, relating to the money to be given to private militia men, upon their being ordered out into actual fervice; and to the cloaths of private militia men; and to the time of the commencement of the pay of the embodied militia. WE HEREAS the sum of eighty thousand pounds has been granted to his Majesty, upon account, towards defraying the charge of pay and cloathing for the unembodied militia, from the twenty fifth day of March, one thousand feven hundred and fixty, to the twenty fifth day of March, one thousand seven hundred and fixty one in order therefore that the charge of pay and cloathing for fuch militia may be duly and properly defrayed and fatisfied, be it enacted by the King's moft excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and of the troops difembodied and by the authority of the fame, That within ten days after Where pay that his Majesty's lieutenant, or, in his abfence, any three de- has not yet been issued, puty lieutenants of any county, riding, or place, within that the lieutenant, part of Great Britain called England, where pay has not yet been or deputy lieuiffued for the militia according to law, fhall have certified to the tenant of the commiffioners of his Majefty's treasury, or high treasurer for county, after having certi the time being, that three fifths of the number of private militia fied to the men of any regiment, battalion, or independent company of the treafury the militia, of such county, riding, or place, have been chosen and actual inrollinrolled, and that the like proportion of the number of the com- ment of the proportion of miffion officers of fuch regiment, battalion, or independent men and officompany, have been appointed, and have taken out their com- cers required miffions, and entered their qualifications as is by law required, to be inrolled, his Majesty's faid lieutenant, or, in his abfence, the faid three before pay, deputy lieutenants, fhall alfo certify the fame to the receiver or Arms, or cloathing, are receivers general of the land tax for fuch county, riding, or issuable, place; and when any regiment, battalion, or independent com- are to certify pany of the militia, of any county, riding, or place, within the the fame alfo to the receiver part of Great Britain aforefaid, that shall have been embodied general of the and called out into actual fervice, shall be disembodied and re- land tax; turned home by order of their commanding officers, and there- and alfo the by be no longer intitled to the fame pay as the officers and pri- return of any vate men in his Majefty's other regiments of foot receive, his that have been Majesty's lieutenant of the county, riding, or place, to which embodied and fuch regiment, battalion, or independent company shall belong, called out, or, in his absence, any three deputy lieutenants, fhall certify to which shall be the receiver or receivers general of the land tax for fuch county, and returned riding, or place, that such regiment, battalion, or independent home. company, is difembodied and returned home as aforefaid; upon receipt of which certificate, fuch receiver or receivers general of the land tax shall iffue and pay the whole fums required for the several ufes herein after mentioned; that is fay, For the pay 4 months pay of the said militia, for four calendar months in advance from the in advance, date of fuch certificate, at the rate of fix fhillings a day for each from the date adjutant, where an adjutant is by this act allowed; and at the cates, accordrate of one fhilling a day for each ferjeant, with the addition of ing to the two fhillings and fix pence a week for each ferjeant-major, where establishment a ferjeant-major is by this act allowed; and at the rate of fix of pay here pence a day for each drummer, with the addition of fix pence a day for each drum-major, where a drum-major is by this act allowed; and alfo at the rate of one fhilling for each private. militia man, with the addition of fix pence to each corporal, for every day in which fuch private militia man, or corporal, fhall be respectively employed in the militia; and alfo at the rate of two fhillings for each private militia man, with the addition of one fhilling to each corporal, for his march on the Monday and Saturday in Whitfun Week, to and from the place of general exercise; and also at the rate of five pence a month for each private man, and drummer, for defraying the contingent expences of each regiment, battalion, or independent company of militia; and alfo for half a year's falary for the clerk of each regiment with half a of year's falary E 2 Receivers ge neral are to make issues of of fuch certifi fet down, to the regi mental and battalion clerks, and the allowances to the clerk of the general meetings; and clerks of the fubdivifion meetings; and also pay for cloathing. Where certi of militia, or of the battalion of militia belonging to fuch county, riding, or place, at the rate of fifty pounds a year; and alfo for the respective allowances to the clerk of the general meetings, and clerks of the several fubdivifion meetings, at the rates following; that is to fay, To the clerk of the general meetings, at the rate of five pounds five fhillings for each meeting; and to the several clerks of the fubdivifion meetings, at the rate of one pound one fhilling for each meeting; and also for the cloathing of the militia for fuch county, riding, or place, where the militia hath not already been cloathed, at the rate of one pound ten fhillings for each private man, and at the rate of two pounds for each drummer, and at the rate of three pounds ten fhillings for each ferjeant. II. Provided always, and be it enacted, That in every fuch. ficates, as a county, riding, or place, within the part of Great Britain aforeforefaid, have faid, for which his Majefty's lieutenant, or, in his absence, any been received, three deputy lieutenants, fhall have certified to the purpose aforefaid, and received the cloathing for the militia thereof, which fhall not have been embodied and called out into actual service; and in every county, riding, and place, within the part of Great Britain aforefaid, where the militia fhall, after having been embodied and called out into actual service, be difembodied, and be returned home by order of their commanding officers, and thereby be no longer intitled to the fame pay as the officers and private men in his Majesty's other regiments of foot receive, and fuch return fhall have been certified as aforefaid; the receiver or receivers general of the land tax for every such respective county, riding, or place, shall make the issues or payments aforefaid, without any new or other certificate made for that purpose. the receivers general are to make the ufual issues, with out any new certificate for that purpose. battalion ; III. And be it enacted, That all fuch fums of money aforeThe money to be paid to the faid (except fuch as thall be due to the feveral clerks of the clerk of the meetings aforefaid) fhall be paid by the faid receiver or receivers regiment or general of the land tax, into the hands of the clerk or clerks of the regiment or regiments, or of the battalion of militia belonging to fuch county, riding, or place, upon his or their producing his or their warrant or warrants of appointment to fuch office, under the hand and feal of his Majefty's lieutenant for fuch respective county, riding, or place; and where the militia fhall be formed into an independent company or independent companies, such fums as aforefaid fhall be paid by the said receiver or receivers general of the land tax into the hands of the refpective captain of each independent company of militia, or to fuch perfon as fuch refpective captain fhall authorize to receive the fame, according to the number of perfons hereby intitled to receive pay, of which such regiment or regiments, battalion or battalions, independent company or independent companies, A fecond pay- fhall have been appointed to confift: and fuch receiver or rement to be al- ceivers general of the land tax fhall also, within fourteen days fo made with- after the expiration of the third calendar month from the time after the first; of the faid first payment, make a fecond payment for four ca and for independent companies, to the respective captains, or to their order. in 3 months lendar months after lendar months in advance; and shall also, within fourteen days and a third, after the expiration of the third calendar month from the time within three of the faid fecond payment, make a third payment for four ca- the fecond. lendar months in advance, for the pay and contingent expences of the militia, and for the allowances to the regimental or battalion clerk or clerks aforefaid, in the proportions herein before Receipts of mentioned and the receipts of fuch clerk or clerks, and of fuch the perfons to captain of an independent company, or captains of independent whom the companies, or of fuch perfon or perfons as fuch captain or cap- be paid, difmoney fhall tains shall so authorize to receive fuch money as aforesaid, shall charge the rebe a fufficient discharge to fuch receiver or receivers general ceivers geneof the land tax for the feveral fums of money fo by him or them ral. paid, The clerks are adjutant, and and 2 months comes due; IV. And be it enacted, That the clerk of each regiment or to pay one battalion of militia shall forthwith, after the receipt of fuch fums month in adof money as aforefaid, pay, or caufe to be paid, one calendar vance to the month's pay in advance to the adjutant, and fourteen days pay 14 days to the in advance to the ferjeant-major and drum-major of fuch re- ferjeant-major giment or battalion refpectively; and to the captain or com- and drummanding officer of each company belonging to fuch regiment or major; battalion, two months pay in advance for his refpective compay in adpany, and for the contingent expences thereof; and fo from vance to the time to time fo long as any money on that account shall remain captains, for in his hands which pay every fuch captain or commanding of their refpective compa. ficer is hereby required to diftribute to each person belonging nies; to his company by this act intitled to receive the fame, as it who are to dishall become due; and fhall once in every year give in to the tribute the clerk of the regiment or battalion to which fuch company fhall fame as it bebelong, an account of feveral payments he shall have made in and account pursuance of this act, and fhall pay back to the faid clerk the for the fame furplus, if any, of the money by him from time to time receiv- yearly to the ed, and then remaining in his hands, except the money by this clerk, and pay act allowed for contingent expences, for the difpofition whereof back the furprovision is herein after made: and the said money allowed for and alfo the the contingent expences of each regiment or battalion of militia, balance of the shall, once in every year, be accounted for by the captain of money alloweach company respectively in manner aforefaid, and the balance ed for continthereof fall be by him paid into the hands of the clerk of the regiment or battalion to which fuch company thall belong, to which is to be be applied to the general ufe of the faid regiment or battalion, applied to the as the field officers and captains thereof, or the greater part of general ufe of them, fhall, at a general meeting, direct: and the captain of the regiment. Captains of each independent company is hereby required to diftribute to independent each person belonging to his company intitled thereto, fuch companies to money as he shall receive by virtue of this act; and the faid diftribute the money allowed for the contingent expences of each independent men, and apcompany of militia, fhall be refpectively applied to the particular ply the money ufe of fuch independent company by the captain thereof. plus monies; gent ex pences; pay to their allowed for expences. V. And be it enacted, That the faid regimental or battalion contingent clerk may and shall retain to his own ufe, out of the money fo Clerk to reby him received, fuch further fums as fhall complete the allow- tain in his ance hands money E 3 |