pany of militia, in every county, riding, and place, within the talion clerks, part of Great Britain aforefaid, thall, between the twenty fifth and captains of independay of March and the twenty fourth day of June, one thousand dant compafeven hundred and fixty fix, deliver to the receiver or receivers nies, are to general of the land tax for the county, riding, or place, to which deliver in acfuch regiment, battalion, or independant company fhall belong, counts of their a fair account in writing, of all monies by him received and difburfereceipts and disbursed for the fervice of the preceding year, in pursuance of ments, this act, with proper vouchers for the fame; and fhall pay back and pay over to the faid receiver or receivers general of the land tax, any fur- the balance to plus of fuch monies that fhall then be in his hands; which faid general; accounts figned by fuch regimental or battalion clerk, or by fuch who are to captain of an independant company refpectively, fhall be tranf- tranfmit the mitted by the faid receiver or receivers general of the land tax, accounts into into the office of the proper auditor of his Majefty's revenue.

the receivers

the auditor's

office.

XII. Provided always, and be it enacted, That all penalties, Recovery of all cofts and charges of fuit, and all fums of money, for which penalties, &c. any person or perfons is or are by this act made anfwerable, may, and fhall be recovered in any of his Majesty's courts of record at Westminster, by action of debt, bill, plaint, or information, wherein no effoin, wager of law, or protection, or more than one imparlance, fhall be allowed.

XIII. Provided always, and be it enacted, That no fee or No fee paygratuity whatsoever, thall be given or paid for or upon account able for any of any warrant or fum of money which fhall be iffued in relation warrant or fum of money to, or in pursuance of, this act. iffued in purXIV. Provided always, and be it enacted, That any perfon fuance of this being on half-pay, and ferving in the militia, fhall and may, act. and he is hereby impowered to receive and take the fubfiftence- Officers on money by this act directed to be paid to captains, lieutenants, half-pay fervor enfigns; and the receiving and taking fuch fubfiftence-mo-ing in the militia, may ney by any fuch captain, lieutenant, or enfign, fhall not be receive the deemed a receiving or taking pay, fo as in any manner to pre- fubfiftencevent such person on half-pay receiving his half-pay; and fuch money payperson shall take the following oath before fome juftice of the able to lieutepeace, who is hereby impowered to adminifter the fame;

nants or en.

figns,

they taking the following oath before a juftice.

A. B. do fwear, That I had not, between the any place or employment of profit, civil or military, under his Majefly, befides my allowance of half-pay as a reduced

in

late regiment of

fave and except my fubfiftence as a lieutenant or enfign, as the case may be, for ferving in the militia of the county of

And the taking the faid oath fhall be fufficient to intitle fuch perfon to receive his half-pay, without taking any other oath; any law, ufage, or custom, to the contrary thereof notwithftanding.

The oath.

XV. And be it further enacted by the authority aforefaid, Within 30 That the commanding officers of every regiment, battalion, or days after exindepen- ercifing any regiment, &c.

one of the

state,

a return is to independant company of militia, which shall be raised and be made by trained pursuant to the laws now in force, fhall, and they are ing officer, to hereby refpectively required, from time to time, within thirty days after the exercifing of every fuch regiment, battalion, or fecretaries of independant company, fhall be finished, pursuant to the directions of the laws now in being in that respect, tranfmit to one of his Majesty's principal secretaries of state a compleat return, figned by every fuch commanding officer, of the several officers, non-commiffioned officers, and private men, who were actually inrolled, and did serve, in every fuch regiment, battalion, or independant company, at the time the fame were fo exercised as aforefaid, in manner and form following:

of the officers and men en

rolled, and ferving at the time of fuch

exercise.

Militia man

enlifting into

Prefent

Abfent

Wanting to

compleat

XVI. And whereas it fometimes happens, that perfons engaged to ferve in the militia, for a certain time, do enlift in his Majefty's regular forces, whereby the regiment, into which they enlist themselves, is defrauded of the enlifting money, and other inconveniencies enfue; to prevent the fame more effectually for the future, be it therefore enacted, That from and after the twenty fourth day of June, one thousand seven hundred and fixty fix, any militia man enany of the lifting himself into any of his Majefty's other forces thall, over King's other and above any penalty or punishment to which fuch militia man forces, after compleating is now liable, be deemed to be legally enlifted; and fhall, from his time of the day in which his engagement to ferve in the militia fhall fervice in the end, belong, as a foldier, to fuch corps of his Majefty's other militia, is to forces into which he shall have enlifted during the time that he ferve as a foldier in the was engaged to ferve in the faid militia; and fhall, till regularly difcharged, be liable to all the duties of a foldier, and to all the which he en- pains and penalties inflicted by the act for punishing mutiny and

corps into

lifted.

defer

defertión, and the better payment of the army and its quarters.

XVII. And be it further enacted by the authority aforefaid, Receiver geThat the receiver general of the land tax, fo foon as he fhall neral upon res receive a warrant under the hand of the colonel or commanding Ceiving a warofficer of their refpective regiments or battalions, certifying the cant from the commanding receipt of the cloathing, and an order from the faid colonel or officer, certi1 commanding officer for the money due on account of the fame, fying the re payable to the perfon or perfons who furnished the faid cloath-ceipt of the cloathing, and ing, fhall pay the fum mentioned in such order to the person an order for intitled to receive the fame; and fuch warrant and order, to- payment, is to gether with the receipt of the perfon receiving the said money, pay the same fhall be a fufficient discharge to fuch receiver general. accordingly. XVIII. And be it further enacted by the authority aforesaid, If any regiThat in cafe any regiment, battalion, or independant company, ment, &c. shall cease and determine, during the continuance of this act, shall cease, 3 s. per diem, is to the fum of three fhillings per diem fhall be paid to fuch perfon be paid to the as has actually ferved as adjutant to fuch regiment, battalion, adjutant from or independant company, from the time fuch regiment, batta- fuch time to lion, or independant company fhall ceafe, to the twenty fifth 25 March, day of March, one thousand feven hundred and fixty seven.

1767.

XIX. And whereas by an act made in the fecond year of his pre- Recital of fent Majesty's reign, intituled, An act to explain, amend, and re- claufes in act duce into one act of parliament, the feveral laws now in being 2 Geo. 3. relating to the raifing and training the militia, within that part of Great Britain called England, it is enacted, That in all counties and places where the militia fball not have been raifed in pursuance of the former acts relating thereto, and where it should not be raised in pursuance of the said alt, the fum of five pounds should be annually paid, in lieu of every private man to be raised within the fame; and his Majesty's lieutenant of every such county, riding, or place, or three or more deputy lieutenants, at the expiration of every year in which fuch militia fhould not have been raised, from and after paffing the faid act, fhould, from year to year, certify the fame in writing under his or their hands, and alfo the whole amount of the feveral fums of five pounds per man, to be raised on fuch county, to the justices at at their general quarter feffions next held after the end of the faid year; and that the faid justices fhould thereupon forthwith rate and affefs on fuch county, riding, or place, the fums mentioned in fuch certificate; the fame to be affeffed, collected, levied, paid, and accounted for, in the fame manner, in all refpells, as the county rates are, by an act of the twelfth year of the reign of his late majesty King George the Second, or any other act ar acts of parliament, to be rated, affeffed, collected, levied, paid, and accounted for; and that the faid rates fhould be paid by the treasurer of fuch county to the receiver general thereof, whofe receipt should be a fufficient discharge for fuch payment: and whereas by another act made in the fourth A&t 4 Geo. 3. year of the reign of his prefent Majefty, intituled, An act to explain and amend an act paffed in the second year of the reign of his prefent Majefty, intituled, An act to explain, amend, and redute into one att of parliament, the feveral laws now in being relating to the raising and training the militia within that part of

Great

and act 5 Geo. 3.

Great Britain called England; it is enacted, That where the militia had not been raifed, or should not be raised, for any county or riding within which any city, or town, or place, shall not be rated to the county rate, the faid payment of five pounds per man upon the whole number of private men, to be directed to be raised within any county or riding, fhould be apportioned between fuch county, city, town, or place, in the proportion their respective quota's paid to the land tax bear to each other: and that the fums fo apportioned fhould be paid out of the poors rate collected within fuch city, town, or place, in manner prefcribed by the faid acts of the fecond year of his faid Majefty's reign, by the churchwardens and overfeers of the poor, to the treafurer of the county, who is to pay over the fame to the receiver general thereof, together with the proportion of the faid fum of five pounds per man, to be paid by fuch county, riding, or place: and whereas by another act made in the fifth year of his prefent Majefty's reign, intituled, An act to explain, amend, and enforce, the several laws now in being relating to the raifing and training the militia within that part of Great Britain called England, it is enacted, That the lieutenants of every county, riding, or place, wherein the militia fhould not have been raised, or should not continue to be raised, in pursuance of the feveral acts for raifing and training the militia, fhould certify under their hands yearly, to the juftices at their general quarter feffions to be held next after the fecond Tuefday in May in each year, that the militia had not been raised for fuch county or place the preceding year, and the whole amount of the feveral fums of five pounds per man, to be raised on fuch county or place; and in that cafe, of the abfence of his Majesty's lieutenant in parts beyond the feas, three or more deputy lieutenants should be appointed to certify as aforefaid; and if there fhould be no lieutenant, then three or more deputy lieutenants to be appointed by his Majesty's fign manual, fhould be authorized to proceed in the execution of the faid acts; and in cafe his Majefty's lieutenant should be beyond the feas, and no deputy lieutenants fhould be appointed to certify as aforefaid, then the clerk of the peace for each county, riding, or place, fhould make fuch certificate as aforefaid; and the faid att contains feveral directions for enforcing the payment of the said five pounds per man, by fuch counties or places where the militia have not been raised, or shall not continue to be raised, in pursuance of the faid acts: and whereas the faid feveral alls have been found defective and ineffectual, and, notwithstanding the direction therein, Several of the counties, within that part of Great Britain called England, have neither raifed any militia, nor paid the faid five pounds per man per annum, according to the directions of the faid several acts, whereby they avoid contributing equally to the fupport of government with fuch counties as have raifed and trained the militia in compliance with the directions of the faid acts: the recited and whereas it is just and reasonable that all his Majesty's fubjects acts, as difhould contribute equally to the fupport of his Majesty's government, and the defence of these kingdoms; be it therefore enacted by the authority aforefaid, That fo much of the faid feveral in part recited acts as directs the faid certificates to be made by his Majefty's lieutenants, or deputy lieutenants, or clerks of the peace,

So much of

rects certificates to be

made by the lieutenants, dep. lieuts.

or clerks of

where

where the militia hath not been raised in pursuance of the faid the peace acts, and the time of making fuch certificate, fhall be, and the where the fame is hereby declared to be, repealed.

militia hath not been raif

ed, &c. is repealed.

ed;

XX. And be it further enacted by the authority aforefaid, Where the That his Majefty's lieutenant, or three deputy lieutenants, for militia has every county, riding, or place, within that part of Great Britain been, or shall be raised, the called England, where the militia has been or fhall have been lieuts. or dep. raifed, fhall, yearly and every year, on or before the twenty fifth lieuts. are to day of December, certify to the clerk of the peace of every certify the county, riding, or place refpectively, that the militia of fuch fame yearly to the clerks county, riding, or place, hath been raised; and when and at of the peace, what time the fame was firft raised; the number and rank of with fuch officers, and the number of private men of the militia, in the other particu year when fuch certificate is made; and the respective times of lars as are fuch militia being trained and exercifed in the year in which here mentionfuch certificate is made; which certificate fhall be by the clerk and the clerks of the peace, who fhall receive the fame, delivered to the jufti- are to deliver ces of the peace at their general quarter feffions to be held next the fame to after the twenty fifth day of December in every year, on the day the juftices at on which fuch feffions fhall be opened; and fhall file the fame their general amongst the records of fuch feffions, fo that the true ftate of the quarter feffions, militia in each county may appear. and file them among the records of fuch feffions: XXI. Provided always, and be it further enacted, That in and where no every county, riding, or place, wherein no fuch certificate from fuch certifihis Majesty's lieutenant, or three deputy lieutenants, fhall be cate fhall be delivered to the clerk of the peace as aforefaid, that the clerk of the peace of every fuch county, riding, or place, shall, and is or dep. lieuts. hereby required, at the general quarter feffions of the peace to the clerks of be held next after the twenty fifth day of December in fuch year, the peace are to certify under his hand and feal, to the juftices of the peace fame to the to certify the fo affembled at their faid general quarter feffions, on the day faid feflions, fuch feffions fhall be opened, that he hath not received from his Majesty's lieutenant of the faid county, riding, or place, or any three deputy lieutenants thereof, any fuch certificate as is herein before directed to be by them made; and fuch clerk of the peace is hereby directed to file fuch certificate amongst and file fuch

the records of fuch feffions.

1

from the lieut.

certificates

XXII. And it is hereby enacted, That in every county, riding, and place, in which no fuch certificate fhall be made by his Majesty's lieutenant, or three deputy lieutenants, in manner herein before directed, and the fame fhall be certified by the clerk of the peace as aforefaid, the juftices of the peace of every fuch county, and the juftiriding, or place, fhall, and they are hereby required at their faid ces are theregeneral quarter feffion of the peace to be held next after the twen- upon to affefs ty fifth day of December in every year, to rate and affefs the fum sl. per man of five pounds per man upon fuch county, riding, or place, in fuch and the fame manner according to fuch and the fame pro- place, portions upon every town, parish, and place, within each refpective county, riding, or place, to be collected, levied, received, and to be levied...:

upon fuch county or

account- and account