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all Captain-lieutenants shall rank with the Officers of his Majefty's other Forces of equal Degree as Their Rank. youngeft of their Rank.

VII. And be it enacted by the Authority aforefaid, That for the future all Perfons to be appointed Qualifications of Captain-lieutenants, fhall have the fame Qualifications as Perfons ferving as Captains are required to have; Captain-licuteprovided that it fhall not be neceffary for any Perfon having acted as Captain-lieutenant before the first nants. Day of July one thoufand feven hundred and feventy-nine, to hold any other Qualification than as a Lieutenant.

VIII. And be it further enacted, That in cafe any Officer or Officers of Militia fhall have neglected or omitted to deliver in his or their feveral refpective Qualification or Qualifications, agreeable to the Directions of an Act, made in the eighteenth Year of his Majefty's Reign (intituled, An Act to amend and render more effectual the Laws relating to the raifing and training the Militia within that Part of Great Britain called England; and to establish certain Regulations with respect to Officers ferving in the Corps of Fencible Men directed to be raised in that Part of Great Britain called Scotland, and certain other Corps therein mentioned),. fuch Officer or Officers, notwithstanding fuch Omiffion or Neglect, fhall not be fubject or liable to any of the Penalties impofed by the faid recited Act; and all Acts done by them in virtue of their refpective Commiffions as Officers in the Militia are hereby declared to be valid and of full Effect; any Thing in the faid recited Act to the contrary notwithstanding.

IX. Provided always, That this Act fhall not extend to prevent fuch Officer or Officers, who fhall neglect or omit to deliver in his or their refpective Qualification or Qualifications, on or before the first Day of December next, according to the Directions of the Act of the eighteenth Year of his prefent Majefty's Reign, to amend and render more effectual the Laws relating to the raising and training the Militia within that Part of Great Britain called England; and to establish certain Regulations with respect to Officers ferving in the Corps of Fencible Men directed to be raised in that Part of Great Britain called Scotland, and certain other Corps therein mentioned, from being liable to the Penalties impofed by the fame for fuch Neglect or Omiffion.

X. And be it further enacted, That every Officer now holding, or hereafter accepting a Commiffion as Colonel, Lieutenant Colonel, Major, or Captain, in the Militia, fhall, on or before the firft Day of December one thousand feven hundred and feventy-nine, or within fix Months after having accepted any fuch Commiffion in future, tranfinit to the Clerk of the Peace of the County in the Militia whereof fuch Officer fhall ferve, a true Defcription of his Qualification for holding fuch Commiflion as aforefaid, and alfo a Certificate of his having taken the Oaths required; and the Clerk of the Peace fhall forthwith enter and inrol the fame, and alfo fhall tranfmit to the Lieutenant of the faid County, a true Copy of every fuch Lift and Certificate fo entered as aforefaid; and the Lieutenant fhall (unlefs juft Caufe be fhewn to the contrary within the Time by this Act limited), on Receipt thereof, give Notice to the Officer or Officers who fhail not have been certified by the Clerk of the Peace to have entered his or their Qualification, that he fhall proceed to the Appointment of other fit Perfons to ferve in the Militia, if proper Perfons duly qualified thall offer themfelves for fuch Service, in the Room of fuch Officers as fhall, at the Time or Times above mentioned, have omitted fo to deliver in the faid Lifts and Certificates refpectively; and fuch Lieutenant fhall, and he is hereby required and directed to declare, in the London Gazette, within fix Weeks, the Commiflion of fuch Officer to be vacant, and fhall proceed to fuch Appointment accordingly: And that, for the better afcertaining the Time of granting any fuch Commiñons, the faid Lieutenants fhall, from Time to Time, caufe to be inferted in the London Gazette, the Dates of the Commiffion, and Names and Rank of the Officers, together with the Names of the Officers in whofe Stead they are fo commiffioned, in like Manner as Commitlions in the Army are published from the War-office; and the faid Clerk or Clerks of the Peace fhall, on or before the firit Day of December in every Year, tranfmit to one of his Majefty's principal Secretaries of State, in order that they may be laid before Parliament, a true Copy of all Entries to be made and inrolled, and alfo an Account of all Returns fo tranfmitted by him to the faid Lieutenants, together with the Dates of the faid Entries and Returns; and every fuch Clerk of the. Peace being guilty of any Neglect herein, fhall be liable to the fame Penalties as by the Militia Laws now in being are impofed on Clerks of the Peace for any Neglect of Duty.

All Militia Of ficers above the Rank of Lieute nant, to tranfmit to the Clerk of

the Peace, a Defcription of their Qualifica tions, &c.

Account to be publifhed in the

Gazette.

Penalty on Per ̧

tutes, and ne

XI. And be it further enacted, That in cafe any Perion or Perfons fhall take and receive of and from any Man balloted to ferve in the faid Militia, or of and from any Perfon employed by him for that Pur- fons who fhall pofe, any Sum or Sums of Money for the Purpofe of ferving as a Subftitute in the Militia, in the room of receive Money to fuch balloted Man, as aforefaid, and fhall afterwards neglect to appear at the ufual Meeting appointed for ferve as Subftifwearing the Militia Man, or before fome one Deputy Lieutenant, in the Manner and according to the gleet to appear Directions of an Act, made in the fecond Year of his prefent Majefty's Reign (intituled, An Act to ex- to be worn, &C. plain, amend, and reduce into one Act of Parliament, the feveral Laws now in being relating to the raising and training the Militia within that Part of Great Britain called England), fuch Perfon or Perfons fo neglecting as aforefaid, upon Conviction thereof before any Juftice of the Peace, or before any Deputy Lieutenants at their faid Meeting, fhall not only return the Sum fo by him taken and received, but fhall forfeit and pay any Sum not exceeding twenty Shillings, to be paid to the balloted Man, or to the Poor of the Parish, at the Difcretion of the Juftices or Deputy Lieutenants; and if fuch Offender fhall not immediately pay the Sum fo by him received, and the faid Penalty, he fhall be committed to the Houfe of Correction for the Space of fourteen Days.

XII. And be it further enacted, That it fhall and may be lawful for the Captain, or other commanding Oficer to lay Officer of each Company of Militia, to lay out, in the Manner moft advantageous for the Militia Man under out, to the moft his Command, the Sum of one Guinea, which, by the faid recited Act, palled in the fecond Year of the Advantage, the Reign of his prefent Majefty, is directed to be paid to all Militia Men, when the Regiment, Battalion, or Guinea, deco Independent

2 Geo. 3.

A. D. 1779. Independent Company, to which they belong, is ordered to be embodied, and march out of the County, and to every Recruit who fhall afterwards join the Regiment, Battalion, or Company, giving an Account, within three Months, or as foon as defired, to the Militia Man fo intitled to receive the faid Sum of one Guinea, how fuch Money has been expended.

XIII. And whereas the Deputy Lieutenants, Chief Magiftrates, and Juftices of the Peace, in feveral Counties, Cities, and Places, where the Militia have been railed, have, in fome Inftances, proceeded to chufe by Lot, and to fwear in Militia Men and Subftitutes for fuch respective Counties, Cities, and Places, previous to the Times at which the fame ought to have been done, purfuant to the Provifions contained in the Militia Laws now in being;' be it enacted by the Authority aforefaid, That fuch Proceedings of the faid Deputy Lieutenants, Chief Magiftrates, and fuftices of the Peace, are hereby declared valid and effectual, and the faid Deputy Lieutenants, Chief Magiftrates, and Justices of the Peace, are hereby refpectively indemnified for fuch their Proceedings.

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XIV. And whereas, by an Act, made in the fecond Year of the Reign of his prefent Majefty (intituled, An Act to explain, amend, and reduce into one Act of Parliament, the feveral Laws now in being relating to the raifing and training the Militia within that Part of Great Britain called England), it is (amongst other Things) enacted, That in cafe any Perfon fhall be chofen by Lot to ferve in the Militia, for any Parish, Tithing, or Place, or Parishes, Tithings, or Places, and fuch Perfon fhall be fworn and inrolled, or fhall provide a fit Perfon to ferve as his Subftitute, who fhall be fworn and inrolled, the Churchwarden or Overfeer, or Churchwardens or Overfeers, of fuch Parifh, Tithing, or Place, thall, within one Month after the Time of fuch fwearing or inrolling of the Man fo chofen by Lot, or of the Substitute respectively, pay to every fuch Perfon fo chofen by Lot, if the Regiment or Battalion, in which he or his Substitute fhall ferve, fhall be then embodied, any fuch Sum of Money, not exceeding five Pounds, as three Deputy Lieutenants, or two Deputy Lieutenants and one Juflice, or one Deputy Lieutenant and two Juftices, in whofe Prefence fuch Perfon fhall be chofen by Lot, fhall adjudge to be, as near as may be, one Half of the current Price then paid for a Volunteer in the County or Riding where fuch Perfon fhall be fo chofen by Lot: And whereas by an Act, made in the eighteenth 18 Geo.3.4.59. Year of the Reign of his prefent Majefty, intituled, An Act to amend and render more effectual the Laws

Every Church

warden,&c. who

fhall refufe to

pay, &c. as a be adjudged, &c. (on producing a

proper Order for

that Purpose), fhall forfeit 101. Application thereof.

So much of

repealed.

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relating to the raifing and training the Militia within that Part of Great Britain called England; and to establish certain Regulations with respect to Officers ferving in the Corps of Fencible Men directed to le raifed in that Part of Great Britain called Scotland, and certain ether Corps therein mentioned, it is (amongst other Things) enacted, That at any Meeting for any County, City, or Town, whofe Militia hall be at that Time on actual Service, it fhall be lawful for any two or more of the Deputy Lieutenants of fuch County, City, or Town, or for any one Deputy Lieutenant, together with any one Juftice of the Peace of fuch County, to have and exercife all the Powers conferred by the therein (and herein) 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;' now, be it hereby enacted by the Authority aforefaid, That in cafe any Churchwarden or Overfeer of any Parish, Tithing, or Place, or Parishes, Tithings, or Places, fhall, after the paffing of this Act, refufe or neglect to pay to any Perfon chofen by Lot as aforefaid, who fhall have been fworn and inrolled, or who thall have provided a fit Person to ferve as his Subftitute, who fhall have been fworn and inrolled, within one Month after fuch Swearing and Inrolling, fuch Sum, not exceeding five Pounds, as two Deputy Lieutenants or one Deputy Lieutenant and one Juftice of the Peace of fuch County, Riding, City, or Place, fhall adjudge to be as near as may be one Half of the current Price then paid for a Volunteer in the County or Riding where fuch Perfon fhall be fo chofen by Lot, upon his producing to fuch Churchwarden or Overfeer an Order for that Purpofe, under the Hands of two Deputy Lieutenants, or one Deputy Lieutenant and one Juftice of the Peace of fuch County, Riding, City, or Place, the Militia thereof then being embodied, and in actual Service; that fuch Churchwarden or Overfeer, fo refufing or neglecting, thall forfeit the Sum of ten Pounds, to be levied by Diftrefs and Sale of the Goods and Chattels of fuch Churchwarden or Overfeer, by Warrant under the Hand and Seal of any one Juftice of the Peace of the County, Riding, City, or Place, where such Churchwarden or Overfeer fhall dwell, rendering the Overplus (if any) on Demand, after deducting the Charges of fuch Diftrefs and Sale, to fuch Churchwarden or Overfeer; and one Half of which Sum fhall be paid to the Perfon fo chofen by Lot as aforefaid, in lieu of the Sum ordered to be paid to him as aforefaid, and the other Half thereof to the Clerk of the Regiment or Battalion, to be added to the common Stock.

XV. And be it further enacted by the Authority aforefaid, That fo much of an Act, paffed in the laft 18 Geo. 3. c. 59. Seffion of Parliament, intituled, An Act to amend and render more effectual the Laws relating to the raising as relates, &c. and training the Militia within that Part of Great Britain called Ergland; and to establish certain Regulations with respect to Officers ferving in the Corps of Fencible Men directed to be raised in that Part of Great Britain called Scotland, and certain other Corps therein mentioned, as relates to the Half-pay of Lieutenants and Enfigns ferving in the Militia, and the Oath therein directed to be taken by them, be, and the fame is hereby repealed.

Perfons intitled

to Half-pay not to forfeit it.

XVI. And be it further enacted by the Authority aforefaid, That no Perfon who is intitled to Half-p -pay fhall be deemed or taken to forfeit or quit fuch Half-pay during the Time he thall ferve as Lieutenant, Enfign, Adjutant, Quarter-mafter, or Surgeon, in any Regiment of Militia, but that the fame fhall nevertheless continue; and instead of the Oath now appointed, fuch Officer fhall take the following Oath :

"I A. B.

any Place New Oath for place

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

.

in

in

or Employment of Profit, Civil or Military, under his Majefty, befides my Allowance of Haif-pay, Hai pav Off.. as a reduced late Regiment of late Troop of Horfe Guards, or

cers erving in the Militia.

(or

• Allowance as
Regiment of Horfe reduced), fave and except my Pay as Lieutenant, Enfign, Adjutant, Quarter-mafter,
or Surgeon (as the Cafe may be), for ferving in a Regiment of Militia.'

And the taking of the faid Oath fhall be fufficient to intitle fuch Perfon 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, Statute,
or Ufage to the contrary notwithstanding.

XVII. And be it further enacted by the Authority aforefaid, That no Perfon who is intitled to Half-pay shall be deemed or taken to forfeit or quit fuch Half-pay, during the Time he fhall ferve as a Lieutenant, Enfign, Adjutant, Quarter-mafter, or Surgeon, in any Regiment of Fencible Men, but that the fame fhall nevertheless continue; and instead of the Oath now appointed, fuch Officer fhall take the following Oath:

G

I

in

any

Ба

Half-pay not to ferving as Lieutenant, &c. in the Fencibles.

be forfeited for

Half-pay Off

cers ferving in the Fencibles.

A. B. do fwear, That I had not, between the Place or Employment of New Oath for Profit, Civil or Military, under his Majefty, befides my Allowance of Half-pay, as a reduced late Regiment of (or Allowance as in late Troop of Horfe Guards, or Regiment of Horfe reduced), fave and except my Pay as a Lieutenant, Enfign, Adjutant, Quarter-mafter, or Surgeon (as the Cafe may be), for ferving in a Regiment of Fencible Men.'

And the taking of the faid Oath fhall be fufficient to intitle fuch Perfon 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, Statute, or Ufage, to the contrary notwithstanding.

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The Duty of Clerks of Subdivifion Meet

Serjeants on XVIII. And be it enacted by the Authority aforefaid, That any Perfon being a Serjeant on the Efta- Chelfea Hofpital blishment of Chelsea Hofpital, at an Allowance of Twelve-pence a Day, and being appointed to ferve in any being appointed Corps of Fencible Men, thall and may receive the faid Allowance of Twelve-pence a Day, together to ferve in the Fencibles, fhall with his Pay from the faid Corps of Fencible Men; any Law, Ufage, or Cuftom, to the contrary notwithstanding. lowance, &c. XIX. And be it enacted by the Authority aforefaid, That the Clerk or Clerks of the Subdivifion Meetings shall, after any Subdivifion Meeting hath been appointed, give reafonable Notice in Writing, of the Time and Place appointed for the fame, to every Deputy Lieutenant and Juftice of the Peace who fhall be refident within the faid Subdivifion; and alfo to the Commanding Officer of the Regiment, if on actual Service, or, if not on actual Service, to the Colonel thereof, an Account of the Days fixed for receiving. Lifts, balloting and fwearing in the Men of fuch Subdivifion; and fhall, as foon as the Men are fworn in, likewife tranfmit to the Commanding Officer or Colonel as aforefaid, a Lia, fpecifying the Names, Trades, and ufual Places of Abode, of fuch Men as are fworn, and, if Subftitutes, the Names, Trades, and Places of Abode, of the Principals in the Room of whom they were fworn.

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XX. And whereas, by an Act, made in the fecond Year of the Reign of his prefent, Majefty, intituled, An A to explain, amend, and reduce into one Act of Parliament, the foveral Laws now in being relating to the raifing and training the Militia within that Part of Great Britain called England, it is enacted, That, in the feveral Counties, Ridings, and Places, where the Militia has been, or fhall be, raifed, four Subdivifion Meetings fhall, on the latt Tuf lay in May, or on the laft Tuflay in October, be appointed for the Purposes of the faid Act; and feveral Directions, Provifions, and Penalties, are contained in the 'faid Act, respecting the balloting, inrolling, and providing Subftitutes, and for other Purpofes, to be done at fuch four Subdivifion Meetings: And whereas Subdivifion Meetings are likewife, by the faid Act, directed to be held, upon feven Days Notice being given, for filling up Vacancies in the Militia, and for other Purpotes therein mentioned; but Doubts have arifen whether the feveral Powers, Provifions, and Penalties, in the faid Act contained, can extend to enforce the Orders made at any other Subdivifion Meeting than at the four that may be appointed by the General Meetings on the last Tulay in May, or on the last Tufday in October; be it therefere enacted by the Authority aforefaid, That in all Cafes where Ballots are directed to be taken by any of the Laws relating to the Militia, every Perfon cholen purfuant to the faid Acts, at any Subdivifion Meeting thereby appointed, fhall be inrolled, and every Subfitute provided fhall fubfcribe his Confent to ferve, and fhall ferve in the faid Militia for the Space of three Years, and fhall be liable and fubject to all the feveral Directions, Provifions, and Penalties, in the fid herein-before recited Act of the fecond of his prefent Majefty contained, or in any other Act relating to the Militia of this Kingdom.

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XXI. And whereas, by the faid Act of the eighteenth Year of his prefent Majefty, Power is given to the Deputy Lieutenants and Juftices, upon Certificate from the Commanding Officer of any Regiment, Battalion, or Company, to ballot for other Men to ferve in the Militia, where the Time of any Milita Man fhall be within four Months of its Expiration, when the Regiment fhall be embodied, and at a Diftance from Home: And whereas Doubts have arifen how far the fame r'ower extends when the Regiment fhall be embodied, and within the County; and it is highly expedient that the fad Claute inould be explained and made clear, fo that no future Doubts may arife thereupon;' be it enacted by the Authority aforefaid, That all the fame and like Powers, Directions, and Provilions, given by that Act to the Commanding Officers, Deputy Lieutenants, Juftices, and others, with refpect to the balloting for proper

ings.

2 Geo. 3..

Every Perfon

ball sted at any Sund vifion Meeting, shall be inrolled; and every Subftitute Confent to ferve

fubfcribe his

for three Years.

18 Geo. 3.,

The fame
Powers given by:

Men that Act to

Commanding Officers, &c. refpecting bal

lotting, &c. are, ed, whether, &c.

hereby continu

If any Perfon balloted, fhall

Men to ferve in the Militia, in lieu of others, four Months previous to the Expiration of their Time, when embodied, and at a Distance from Home, fhall be, and are hereby continued and given to the Com manding Officers, Deputy Lieutenants, Juftices, and others, to proceed to ballot for fuch other Men, and to execute the Powers neceflary thereto, at any Time within four Months previous to the Expiration of their Time, when the Regiment, Battalion, or Company, fhall be within the County, Riding, or Place, to which it belongs, or in any other County, Riding, or Place; and further, that the Commanding Officer of the Regiment, Battalion, or Company, fhall have Power to difcharge fuch Number of Men of his Regiment, Battalion, or Company ferving therein, whofe Times of Service are within the Time of the Expiration aforefaid, and to receive fuch other Men, in lieu thereof, as fhall be fo ballotted, or inrolled and fworn in as balloted Men or Subftitutes, at any Time within the Term fo allowed, whether the Regiment fhall be within the County, or abfent from Home in any other Part of the Kingdom; and the Time of the Service of fuch Men fo received, fworn in, and inrolled, fhall commence at any Time within the Term allowed as aforefaid, or at the End thereof.

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XXII. And whereas it frequently happens that Perfons drawn, by Ballot, to ferve in the Militia, neglect to appear, agreeable to the Order of the Deputy Lieutenants and Juftices of the Peace, to be fworn in and inrolled, or to find a Subftitute to ferve in their Stead, or to pay the Sum of ten Pounds, and fuch Perfons fo neglecting have not fufficient Effects whereon to levy the faid Sum by Diftrofs and Sale, and by the Laws now in being, in cafe they are apprehended for fuch Failure or Neglect, can only be punished by three Months Imprisonment in the Houfe of Correction, which Punishment is by no means adequate, when the Militia in which they are drawn to ferve are embodied;' be it therefore enacted, for Remedy thereof, That, from and after the paffing of this Act, whenever any Perfon drawn, by Ballot, to ferve in any Militia Regiment or Company, fhall neglect to appear to be fworn in, or to find a Subftitute to ferve in his Stead, or to pay the Sum of ten Pounds, or fhall not have fufficient Effects whereon to levy the fame by Diftrefs and Sale, and be afterwards apprehended, by Warrant from any Deputy three Years, &c. Lieutenant or Juftice of the Peace, for fuch Offence, inftead of being punished by Commitment to the Houfe of Correction, as aforefaid, his Name fhall be entered on the Rolls, and he fhall be delivered over to fome proper Officer of the Regiment or Company for which he was drawn, and be compelled to ferve for the full Term of three Years from the Time of his Apprehenfion, and be liable to the fame Punishments for afterwards abfconding, deferting, or otherwise, as if he had originally attended, and been duly fworn and inrolled.

not appear, &c.

he fhall be com-. pelled to ferve

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XXIII. And whereas, by an Act, paffed in the fecond Year of his Majefty's Reign, intituled, An Alt to explain, amend, and reduce into one Act of Parliament, the feveral Laws relating to the Militia Forces in that Part of Great Britain called England, certain Powers were granted to Deputy Lieutenants and Juftices to hold Subdivifion Meetings, and to order fresh Ballots for the Purpose of filling up Vacancies, in the Cafes therein mentioned, giving feven Days Notice of fuch Meetings; and Doubts have arisen to Deputy Lieute what Cafes or Vacancies fuch Powers extend';' be it enacted, That the faid Deputy Lieutenants and nants, &c. on re- Juftices fhall, and they are hereby required, in all Cafes, when a regular Difcharge of any Militia Man ceiving a regular-hall be produced to them, from any Commanding Officer, certifying the Reafon of fuch Difcharge, and Discharge of any Militia Men, &c. that fuch Reafon renders fuch Militia Man unfit for Service, to proceed to confirm the fame, and alfo are to chufe to caufe the Lifts to be amended, and other Perfons to be chofen to fill up fuch Vacancies, in like Manner another. as in and by the faid recited Act, or any other Law now in force relating to the Militia, is directed and provided.

Part of 18 Geo.

'XXIV. And whereas great Inconveniencies have arifen from certain Powers granted by an Act, paffed 3.c 14.repealed. in the eighteenth Year of his Majefty's Reign, intituled, An Act for defraying the Charge of the Pay and

Recital of Part

of former Militia Laws relating to

the appointing of Deputy Licute

Subdivifions of

nants.

.

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Clothing of the Militia, in that Part of Great Britain called England, for one Year, beginning the twentyfifth Day of March one thousand feven hundred and feventy-eight; and for filling up Vacancies in the Militia, in the Cafes therein mentioned;' be it enacted, That fo much of the faid Act as relates to the Powers granted to Deputy Lieutenants and Juftices, and to Colonels or Commanders of Regiments or Battalions, to difcharge Militia Men, and order fresh Ballots, before the Expiration of the Terin for which fuch Militia Men fhall have been chofen by Lot, and inrolled to ferve, fhall be, and the fame is hereby repealed.

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XXV. And whereas, by the Militia Laws now in being, it is enacted, That his Majefty's Lieutenant for every County, Řiding, and Place, together with any two Deputy Lieutenants, or in the Abfence, Removal, or Death, of his Majefty's Lieutenant, any three Deputy Lieutenants, fhall, for feveral of the Purpofes in the faid Act declared, appoint Subdivifions of the faid Deputy Lieutenants, within their refpective Counties, Ridings, and Places, and fhall iffue out their Orders to the Chief Conftable, and where there is no Chief Conftable, to fome other Officer of the feveral Hundreds, Rapes, Lathes, Wapentakes, or other Divifions, within their refpective Counties, Ridings, and Places, to require, by Orders under their Hands, the Conftable, Tithingman, Headborough, or other Officer, of each Parith, Tithing, or Place, within their refpective Hundreds, Rapes, Lathes, Wapentakes, or other Divifions, to return to the Deputy Lieutenants, within their refpective Subdivifions, at the Place and on the Day appointed at the faid firft General Meeting, fair and true Lifts in Writing of the Names of all the Men ufually, and at that Time, dwelling within their respective Parishes, Tithings, and Places, between the Ages of eighteen and forty-five, diftinguishing their refpective Ranks and Occupations, and for the feveral other Purposes in the faid At directed: And whereas, for the different Rapes in the County of Sufix,. there are no Peace Officers who can act officially as belonging to the faid Rapes: And whereas the Rapes in the faid County are the moft convenient Diftricts to be appointed as the Subdivifions for the Deputy Lieutenants to execute the feveral Purpofes directed by the faid Acts, and do contain within their Bound

aries several Hundreds, to each of which there is a Peace Officer belonging: And whereas the Boroughs and Tithings, over which there are Headboroughs, Tithingmen, or other Peace Officers, are uncertain in their Boundaries, and often include Parts of various Parithes, from which great Inconveniencies arife, both in balloting for the Men to be drawn by Lot for the Service of the faid Militia, and also in the Payment of the Money directed to be paid by the Parishes to thofe who may be allotted to ferve: And whereas it would be more expedient that the balloting for Men to ferve in the faid Militia for the County of Suffex fhould be by the Divifion of Parifhes, to which Divifion there are no Peace Officers;" be it therefore enacted by the Authority aforefaid, That, from and after the laft Tuesday in October next, his faid Majefty's Lieutenant, or on his Death or Removal, or in his Abfence, any three or more Deputy Lieutenants of the County of Suffex, fhall and may iffue out his or their Orders to the Chief Conftable of the feveral Hundreds in the Rapes in the faid County where their Subdivifions may have been or may be appointed, directing fuch Chief Conftables to iflue their Precepts to the Churchwardens or Overfeers of the Poor of each Parish within their refpective Hundreds or other Divifions, to return to the Deputy Lieutenants within their refpective Subdivifions, at the Place and on the Days by them directed, fair and true Lifts in Writing of the Names of all the Men ufually dwelling within their refpective Parishes, between the Ages of eighteen and forty-five, distinguishing their respective Ranks and Occupations, and for fuch feveral other Purposes as are directed to be done by the Conftables, Tithing nen, Headborough, or other Officer, of each Parish, Tithing, or Place, within their refpective Hundreds or other Divifions, in an Act, made in the fecond Year of his prefent Majefty, intituled, An Act to explain, amend, and reduce into one Act of Parliament, the feveral Laws now in being relating to the raising and training the Militia within that Part of Great Britain called England; and that the Churchwardens and Overfeers of the Poor of the feveral Parishes in the faid County, to whom fuch Orders fhall be iffued, fhall, for the Purposes of the feveral Acts of Parliament relating to the Militia of this Kingdom, be deemed the Officer of fuch Parish, and fhall be invested with all the Powers and Authorities, and be liable to the feveral Pains, Penalties, and Forfeitures, as the Conftable, Tithingman, Headborough, or other Officer, of any Parifh, Tithing, or Place, are fubject and liable to, for or upon account of his refufing or neglecting to return fuch Lifts, as aforefaid, or being guilty of Fraud or wilful Partiality in making thereof, or not attending the Orders iflued by his Majefty's Lieutenant, or any three Deputy Lieutenants, or for the feveral other Offences in the faid recited Act or in the prefent Act contained.

CAP. LXXIII.

An Act for enabling his Majefty to raise the Sum of one Million, for the Ufes and Purposes therein mentioned.

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СА Р. LXXIV.

An Act to explain and amend the Laws relating to the Tranfportation, Imprifonment, and other Punishment, of certain Offenders.

WH

HEREAS the Punishment of Felons, and other Offenders, by Transportation to his Majesty's Colonies and Plantations in America, is attended with many Difficulties: Be it therefore enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That, from and after the first Day of July one thousand feven hundred and feventy-nine, when any Perfon, at any Seffion of Oyer and Terminer, or Gaol Delivery, or at any Quarter or other General Seffion of the Peace, to be holden for any County, Riding, Liberty, Divifion, City, Corporation, or Place, within that Part of Great Britain called England, or at any Great Seffion to be holden for the County Palatine of Chefter, or within the Principality of Wales, fhall be lawfully convicted of any Grand or Petty Larceny, or any other Crime, for which he or fhe is or fhall be liable by Law to be tranfported to any of his Majefty's Colonies or Plantations in America; or if any Perfon convicted of fuch Crime hath already been ordered to be fo tranfported, but fuch Order hath not yet been executed; it fhall and may be lawful for the Court before which any fuch Perfon hath been or fhall be fo convicted; or any Court holden for the fame Place with like Authority, if fuch Court fhall think fit, to order and adjudge that fuch Perfon fhall be tranfported to any Parts beyond the Seas, whether the fame be fituated in America, or elsewhere, in fuch and the like Manner, and for any Term of Years not exceeding fuch and the fame Term as and for which fuch Perfon is or fhall be liable, to be transported to any of his Majefty's Colonies and Plantations in America aforefaid; any Law, Statute, or Ufage to the contrary notwithstanding.

II. And be it further enacted, That when any fuch Perfon who hath already been, or fhall hereafter be fo convicted, fhall, in confequence thereof, be ordered to be tranfported to any Parts beyond the Seas, or if his Majefty, his Heirs and Succeffors, fhall hereafter be gracioufly pleased to extend the Royal Mercy to any Offender convicted or attainted of any Felony by which he or he is excluded from the Benefit of Clergy, or of fuch Statutes as are equivalent thereunto, upon the Condition of Transportation to any Pars beyond the Seas as aforefaid, then and in any fuch Cafes all Laws, Statutes, Ufages, and Cuftoms now in force, with regard to the Tranfportation of Criminals to any of his Majefty's Colonies or Plantations in America, and their Punishment for being afterwards at large, within any Part of the Kingdom of Great Britain, before the Expiration of the feveral Terms for which they were ordered to be tranfported, or hal agreed to tranfport themselves, and particularly the feveral Provifions contained in an Act, inade in the VOL. IX. I

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tion, all Laws

fourth relating, &c. fhall be in force.

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