Lieutenancy fhall fix by Ballot the Order in which Vacancies arifing by Enlifiment under 49 G.3. C. 4. fhall be filled up, and made out of Men enlifted, and of their Parishes: Men enlified for Mil tia fhall be pla ed to fuch Parifhes for A.D.1809. Bounties, or any Advances in refpect thereof as may be neceffary, out of any Publick Monies in their Hands, or received or receivable by them out of any Rates and Duties under the Management of the Commiffioners for the Affairs of Taxes; and all Monies paid under any fuch Orders as aforefaid fhall be good and valid, and be allowed to all fuch Receivers-General or Collectors of Cefs in their Accounts. VI. And be it further enacted, when and so foon as the Returns of Men who fhall have enlifted into His Majefty's Regular Forces under the Provifions of the faid recited A&t of this Seffion of Parlia ment, at the Expiration of the several Periods in the faid Act fpecified for enlifting, where the Regiment of Militia has been from only one County, fhall have been refpectively made, the Lieutenant and Deputy Lieutenants fhall affemble from Time to Time in General caufe Lifts to be Meetings which fhall be called and held for that Purpose, in cafe no other General Meetings fhall be at fuch Times about to be held, for carrying into Execution the A&ts relating to the Militia, and where a Regiment of Militia is compofed of Mi ita Men ballotted from Two or more Counties in Scotland, the Clerks of Lieutenancy of the faid Counties fhail meet at the Place where the Michaelmas Head Court is held in that County, from which the greatest Number of Militia Men had been ballotted for the Regiment, on Notice given by the Lieutenant or Deputy-Lieutenants of the fid County, to the Clerk of Lieutenancy of the other County or Counties aforefaid, Fourteen Days at the leaft previous to fuch Meeting of the Clerks of Lieu. tenancy, and the faid Lieutenant and Deputy Lieutenants, or Clerks of Lieutenancy refpectively, fhall at fuch Meeting, and they are hereby required to afcertain and fix by Ballot, the Order in which the Vacancies occafioned by Men enlifted into His Majesty's Regular Forces fhall be filled up for the feveral Parishes and Hundreds refpectively, and fhall caufe Lifts to be made out of the Men who fhall have volunteered into His Majelly's Regular Forces, and of the Parishes to which they refpectively belonged, and to be entered in the Order in which the Names fhall have been drawn by Ballot, and in the Form in the Schedule to this Act annexed, marked (B.); and all the Men enrolled for the Militia under this Act fhall be from Time to Time entered and placed to the different Parishes in the Order in which the Names of Men ftand on fuch Lifts in Succeffion according to the Dates of their respective Enrolments; and all Men fo entered and placed to fuch Parishes fhall thenceforth be deemed to belong to fuch Parishes, as to any Relief of any Families of fuch Men, or thereafter fupplying of any Vacancies, in like Manner as if fuch Men had been provided as Subftitutes or Volunteers for fuch Parishes refpectively. After June 1, 1810, raifing Volunteers by Beat of Drum shall ceafe. VII. And be it enacted, That after the First Day of June One thoufand eight hundred and ten, it fhall not be lawful for any Colonel or Commanding Officer or other Officer, or Non-commiffioned Officer of Regular or Local Militia, to raife any Volunteers by Beat of Drum or otherwife under this A&t, unless the fame fhall be fpecially authorized by His Majeftv, by Order of one of his Principal Secretaries of State, but all Deficiencies then remaining fhall be raised by Ballot, or as Volunteers to be provided by the Churchwardens or Overfeers of the Poor of the Parishes in England, and by any Heritor or Heritors of Parishes in Scotland, in Manner allowed by this A&; and every Colonel, Commanding Officer, or other Officer or Noncommiffioned commiffioned Officer of Regular or Local Militia, who shall thereafter raife any Man in fuch Manner, shall be subject, in refpect of all Men fo raised, to all the Penalties contained in any Act or Acts relating to the Militia for enlifting Men, as fully as if this Act had not paffed. VIII. And be it further enacted, That in every County in which on the First Day of April One thou fand eight hundred and ten any Deficiencies fhall remain to be fupp'ied, and alfo in cafe His Majesty fhall deem it neceffary that a Ballot fhall commence for the completing the Militia, the Lieutenant and Deputy-Lieutenant fhall, at General Meetings to be held for that Purpose, determine whether any Ap portionments or new L fts are neceffary for the proceeding to ballot either to fupply fuch Deficiencies or to complete the Militia in thei refpective Counties, and fhall, in cafe the fame fhall be neceffary appoint Subdivifion Meetings, and fuch General and Subdivifion Meetings fhall proceed to make fuch Apportionments, and to cauf new Lifts to be made out and returned, or old Lifts to be amended, and to do all other A&s, Matters, and Things, which may be neceffary for carrying the fame into execution under the Provifions of the feveral A&s in force in relation to the Militia: Provided always, that all fuch Apportionments fhall be made, according to the Proportion of the original Quota of Militia Men raifed in any County; and provided further, that for the Purpose of making fuch Apportionments, where a Regiment of Militia Men fhall be compofed of Militia Men ballotted from Two or more Counties in Scotland, the Clerks of Lieutenancy of the faid Counties fhall meet at the Place where the Michaelmas Head Court is held in that County from which the greatest Number of Militia Men had been ballotted for the Regiment, on Notice given by the Lieutenant or Deputy-Lieutenant of the faid County, to the Clerk of the Lieutenancy of the other County or Counties aforesaid, Fourteen Days at the leaft previous to fuch Meeting, and fuch Clerks of Lieutenancy so affembled shall apportion fuch Deficiencies among fuch Counties, according to the Proportion of the original Quota of Militia Men ballotted in fuch Counties refpectively, Regard being had to the Number of Men who may have been raised under this A&t by any Heritor or Heritors of any Parish in fuch Counties, and entered as railed in Difcharge of fuch Parish from Ballot, as herein-before directed, and fuch Deliciencies, fo apportioned by fuch Clerks among fuch Counties, fhali thereupon be apportioned among the Parishes thereof in the Manner directed by this Act in the Cafe of any County raifing within itself a Regiment of Militia. actually enrolled IX. And be it further enacted, That before any Ballot under this Before any Act shall take place for the fupplying of any Deficiencies which may Ballot, Lieu remain to be fupplied, the Lieutenants and Deputy-Lieutenants tenancy hall affembled at any General and Subdivision Meetings to be held for that apportion Men Purpofe fhall refpectively apportion the Number of Men actually enrolled and fo entered as aforefaid, and the Deficiencies then remaining to be fupplied among the Subdivifions, Hundreds, and Parishes of the refpective Counties, and the Men then remaining de. ficient shall be raised by Ballot or otherwise according to the Povifions of this Act, by fuch Subdivifions, Hundreds, aud Parishes, according to fuch Apportionment as atorefaid. X. And be it further enacted, That the Clerks of General Meetings Ballot in fhall, within Seven Days atter fuch Apportionments as aforefid, Subdivifion tranimit to the Clerks of Subdivifion Meetings of their respective Meetings. H 4 Counties, Appeal. ates of the Number of Men enrolled, and the Nument in the Militia, and which remain to be provided or Parishes in which fuch Deficiencies exift, and the ants in their refpe&tive Subdivifions fhall forthwith fuch Deficiencies by Ba lot, under the Provifions of to the Militia; any Thing in an A&t paffed in the ar of the Reign of His prefent Majefty to the coning. urther enacted, That Notice fhall be given by the ..ants, or Clerk of Subdivifion Meetings, by affixing the Duors of the Churches or Chapels, or on other as Places in the feveral Parishes within their refpe&tive Sub8, of the Days, Times, and Places appointed for Ballots under ct, in their respective Subdivifions; and the Names of the Periable to be ballotted fhall publickly and in the Presence of any ch Magiftrates. Churchwardens, and Ove-feers of the Poor as choose o attend, be called over from the Lifts, and put into the Boxes or Glaffes for ballotting, and fhall in like Manner be publickly drawn out, and the Names of the Perfons fo drawn fhall be publickly called for, and be entered in a Book by the Clerks of the Subdivifion, or Perfons appointed by them or the Deputy-Lieutenants, for that Purpose; and fuch calling over of the Names, and ballotting for 'erfons to be enrolled under this Act, fhall take place at the Days, imes, and Places appointed, and shall not commence before Ten the Clock, nor continue longer than Six in the Evening; and if fuch ballotting shall not be complete in One Morning, the Boxes fhall be fealed with the Seals of any Two or more of the DeputyLieutenants and the Clerk of the Meeting, and fuch Seals fhall be broken, and the ballotting be finished in like publick Manner on the fucceeding Day or Days, or on any other Day to which fuch Ballot fhall be adjourned. XII. And be it further enacted, That the Deputy-Lieutenants in all Cafes in which the fame fhall be neceffary, fhall appoint Days Notice of Ballot. and Places for holding Meetings for hearing Appeals; and the Clerks of the Subdivifion Meetings at which fuch Ballots shall have taken place, fhall within Three Days tranfmit to the Conftables, Schoolmatters, or other Officers of the Parifhs within their Subdivifions, the Names of the Perfons ballotted therein refpectively, and fuch Conftable or Schoofma'er fhall thereupon give Notice to every fuch Perfon, by delivering the fame to him or his Wife, or fome Servant or Member of his Family, or leaving the fame at his ufual or laft Place of Abode; and it fhall be lawful for the Deputy-Lieutenants, and they are hereby required in all Cafes in which Perfons fo ballotted fhall make Default, or not find Subftitutes, or fhall defert, or fhail pay the Fine under this Act, to proceed to a fresh Ballot, and adjourn fuch Meeting, and direct like Notice to be given to the Perfons ballotted, and appoint other Meetings in cafe the fame fhall be neceffary for making fresh Bailots, and until the full Number of Men required under this A& fhall be enrolled to serve in the Militia. Fresh Ballots for Penalty on Perfons halluted (except Quakers) not ferving or providing Sub. fiitute, 201. XIII. And be it further enact d, That every Person chofen by Ballot under this A&t to ferve in the Militia (not being one of the People called Quakers) who fhall refufe or neglect to appear and take the Oath, and ferve in the Militia, or to provide a Subtitute in Manner directed by the faid Acts relating to the Militia of Great Britain, Britain, fhall forfeit and pay the Sum of Twenty Pounds, to be levied and recovered in Manner in this Act mentioned. a 101. 10s. from 1 June to 1 Sept. 1810. XIV. Provided always, and be it further en. &ted, That a Sum of Bounty to PerTen Guineas fhall be allowed to every Perfon ballotted and enrolled fons ballotted between the faid First Day of June One thoufand eight hundred and or to Substitute ten, and the First Day of September One thoufand eight hundred and ten, or if any Perfon ballotted within fuch Period fhall provide Substitute, or fhall have a Subftitute provided for him, who fhall be enrolled, then to the Subftitute; and fuch Bounty fhall be paid in fuch Proportions and at fuch Times and Places, and in fuch Proportions as to finding any Neceffaries, and as to any Advance of any Part thereof, as fhall be specified in any Regulations made in that Behalf as aforefaid. XV. Provided always, and be it further enacted. That it fhall be Churchwardens, lawful for the Churchwardens and Overíeers of the Poor of any Parifh &c. may raise in England, and for any Heritor or Heritors of any Parishes in Scotland, Volunteers till 1 Sept. 1810, at any Time after the paffing of this A&t, and until the Firtt Day of who thall have September One thoufand eight hundred and ten, to raise or provide any like Bounty. fuch Men as Volunteers as aforefaid, who shall be entitled to fuch Bounty of Ten Guineas as aforefaid, to be paid and applied as af refaid: Provided always, that all Men so raised shall be entered as raised for the Parish for which they fhall have been provided, and in difcharge of fuch Parish from Ballot for fuch Men as shall be so raised. No Rates or fhall be made XVI. And be it further enacted, That it fhall not be lawful for any Churchwarden or Overseer of the Poor of any Parish, or any other Perfon or Perfons, to make, raife, or levy any Rate or Rates, or any Subscription or Subfcriptions, or Sum or Sums of Money, or to give, advance, or promife any Sum or Sums of Money for the Purpole of inducing any Perfon to enlift as a Volunteer as aforefaid; and every Churchwarden and Overfeer of the Poor, and other Perfon, who shall in any Mauner pay or give, or advance to or to the Use of any fuch Volunteer, or the Family of fuch Volunteer, any Sum or Sums of Money, or any Bounty, Gift, or Reward, or who fhall promife any Sum or Sums of Money, or any Bounty, Gift, or Reward, other than fuch Bounty as fhall be allowed and paid as aforesaid, shall forfeit and pay for every fuch Offence the Sum of Twenty Pounds, to be Penalty 201. recovered, levied, paid, and applied as any like Penalty may be revered, levied, and applied under any Act or A&ts relating to the Militia : Provided alfo, that it fhall be lawful for any Overfeer of the Poor of Subfiftence any Parish, out of any Rate in his Hands for the Relief of the Poor in Money to Men England, and for any Collector of the Cefs out of any Money in his on their March. Hands in Scotland, to advance for the Subfiftence of any Men raised and provided for fuch Parish, during the March to his Regiment, any Sum not exceeding the Rate of Pay at Two Shillings per Day, of fo many Days as would enable fuch Man to march from the Place where he was raised to fuch Regiment, to be calculated at the Rate of not less than Ten Miles per Day, with the ufual Number of halting Days: Provided always, that all Sums of Money fo advanced in refpect of any Men that fhall be approved and enrolled, fhall be repaid to fuch Overfeer by the Officer appointed for receiving fuch Men, to be by fuch Overfeers or Collectors of the Cefs carried to the Account of the Rates or Money from which the fame fhall have been advanced as aforesaid. Perfons receiving entitled to Allowance under 42 G. 3. c. 90. 122, &c. Share of Bounty to Subflitute before joining. Members of Volunteer Corps not exempt, nolefs having ferved the full Number of Days under 44G. 3. c. 54. Perfons balloted A& 46 G. 3. c. 90. not exempt; nor Othcers XVII. Provided always, and be it further enacted, That no Perfon fo baliotted and receiving fuch Sum of Ten Guineas as aforefaid, fhall be entitled to, or have or receive the Allowance of One-half of the current Price of a Volunteer, or any other Allowance under any A& of Parliament relating to the Militia, by reafon of his not being poffeffed of any Estate in Lands, Goods, or Money, of the clear Value of Five hundred Ponds; any Thing in any A&t of Parliament relating to the Militia to the contrary notwithstanding. XVIII, And be it further enacted, That it fhall not be lawful for any Deputy-Lieutenant to direct or permit any larger Sum of Money. than fhall be allowed in any Rules and Regulations made for the Application of fuch Sum or Bounty of Ten Guineas as aforefaid, to be paid to any Subititute at the Time of his Enrolment, or before he fhall actually join his Regiment; any Thing in any Act or Acts of Parliament relating to the Militia notwithstanding. XIX. And be it further enacted, That no Perfon fhall claim, or have or be entitled to any Exemption from being ballotted to ferve in the Militia under this Act, by reafon of any fuch Perfon being enrolled and ferving in any Corps of Yeomanry or Volunteers, unless fuch Perfon fhall have actually attended the ufual Mufter and Exercife of fuch Corps for the Number of Days required by an Act paffed in the Forty-fourth Year of the Reign of His prefent Majefty, intituled, An Aa to confolidate and amend the Provisions of the feveral Ads relating to Corps of Yeomanry and Volunteers in Great Britain, and to make further Regulations relating thereto; and if any Perfon who fhall not have fo attended according to the Provifions of the faid recited Act, fhall nevertheless claim any Exemption, fuch Perfon fhall forfeit for every fuch Offence the Sum of Twenty Pounds, notwithtanding any fuch Perfon may have a Certificate of being an effective Member of his Corps; and from and after the paffing of this Act, no Certificate of any Commanding Officer of any Volunteer Corps fhall be admitted by any Deputy-Lieutenant upon any fuch Claim of Exemption, unless fuch Certificate fhall certify the Number of Days on which the Perfon producing the fame fhall have attended the Mufter or Exercife of his Corps, or been abfent from any juftifiable Caufe under the said recited A&. XX. And be it further enacted, That no Perfon fhall be exempt under Training from being ballotted to ferve in the Militia under this Act, by reafon of any fuch Perfon having been ballotted or enrolled to be trained and exercised under the Provifions of an Act paffed in the Forty-fixth Year of the Reign of His prefent Majesty, intituled, An Act to enable His upon Half Pay; Mojelly annually to train and exercife a Proportion of His Suljeds in alefs ferving, or England, under certain Regulations, and more effectually to provide for the having offered to Defence of the Realm, and no Officer on the Hait Pay of any of His ferve, in Militia, &c. Majelly's Forces, and not actually ferving in fome Regiment of Militia or Corps of Volunteers, fhall, by reafon of holding any Commiffion from His Majesty on which he shall receive Half Pay, be exempt from being ballotted to ferve in the Militia under this Act, unless such Perfon shall have tendered his Service to the Lord Lieutenant or ViceLieutenant of the County in which he fhall refide, either to ferve as an Officer in the Militia or Local Militia, or in fome Corps of Yeomanry or Volunteers, or fhall be incapable of Service; any Thing in any Act or Acts of Parliament to the contrary notwithitanding. |