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dered to be drawn out fhall not appear, &c. within 10 Days, Vacancy fhall be filled up.

XXI. And be it further enacted, That from and after the paffing of If Perfons orthis Act, it shall be lawful for the Deputy-Lieutenants in their respective Subdivifions, and they are hereby required, at any Time during the Period allowed for ballotting and enrolling Men under this Act, in cafe any Person ordered to be drawn out and embodied shall have made or shall make Default by not appearing, or by D-fertion or Abfence from Duty, and fhall not be taken within Ten Days from the Time of fuch Default, Desertion, or Abfence, to declare a Vacancy, and forthwith to fill up the fame according to the Provifions of the faid Acts and this A&.

XXII. And be it further enacted, That the Clerks of Subdivifion Meetings fhall within Fourteen Days after the Expiration of the Period allowed for enrolling of any Men in their refpective Counties, make out and return Two Schedules in the Form to this A&t annexed, marked (C.) Duplicates of each other, of the Numbers and Names of the Men enrolled in their Subdivifion, and alfo of the Bounties received and applied, and Fines paid by Perfons ballotted to ferve, and fhall tranfmit fuch Schedules to the Clerk of General Meetings, who fhail forth with tranfmit one of fuch Schedules to one of His Majefty's principal Secretaries of State.

XXIII. And be it further enacted, That nothing in this A& contained fhall extend or be conftrued to extend to the City of London. XXIV. And be it further enacted, That every County, Hundred, and Parish, for which the full Number of Men required by this Act fhall not have been enrolled before the faid First Day of October One thousand eight hundred and ten, shall be subject to a Fine of Forty Pounds for every Man required to be ballotted and enrolled in fuch County, Hundred, or Parifh remaining deficient.

Return of

Schedules of Men enrolled in each Subdivifion, (Schedule C.)

Saving for

London.

Fines for
Deficiencies on
Oct. 1810.
per Man.

401.

In England,
Colonels fhall
tranfinit to
Quarter Seffions
Deficiencies, and
the Seffions
shall affefs 401

Certificates of

XXV. And be it further enacted, That the refpective Colonels or other Commandants of the Regiments of Militia in England fhall, at the Expiration of the Period within which the Men required to be raised under this Act ought to have been enrolled within their refpective Counties, tranfmit to the Justices of the Peace or Magiftrates affembled at the feveral General Quarter Seffions of the Peace held for the refpective Counties at the Quarter Seffions of the Peace next after fuch Period, Certificates of the Number of Men remaining deficient per Man. in their respective Regiments under the Provifions of this Act, and the Justices of the Peace or the Magiftrates affembled at fuch Seffions fhall at fuch Seffions affefs the Penalty of Forty Pounds for each Private Man fo certified to be deficient as aforefaid, and fuch Affeff. ment shall be forthwith returned by the Clerk of the Peace to His Majefty's Court of Exchequer in England.

XXVI. And be it further enacted, That the refpective Colonels or other Commanding Officers of Militia in Scotland fhall, immediately after the Expiration of the respective Periods within which the Numbers of Men to be enrolled under this Act in their refpective Counties, are required to be completed under the Provifions of this Act, transmit to the Clerk of Supply of the refpective Counties to the Muitia of which they belong, Certificates of the Deficienciesand Vacancies that remain to be filled up in their refpe&tive Regiments under this Act; and fuch Clerk of Supply fhall forthwith fummon a Meeting of the Commiffioners of Supply, and the Commiffioners of Supply affembled at fuch Meeting fhall affefs the Sum of Forty Pounds for

each

In Scotland,
Colonels shall

tranfmit Certi-
ficates of Defi-

ciencies to the Clerk of Supply, and the Commiffioners fhall affefs 401. per

Man.

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each Private Man fo certified to be deficient as aforefaid, in the Manner directed by an A&t, paffed in the Forty-third Year of the Reign of His prefent Majefty, intituled, An A8 for providing Relief for the Wives and Families of Militia Men in Scotland. and fuch Affeffment fhall forthwith be tranfmitted by the Clerk of Supply to His Majesty's Court of Exchequer in Scotland; and all the Powers, Provifions, Ciaufea, Rules, and Directions, Pains, Penalties, and Forfeitures relating to the making and levying of the Aff ffment directed by the faid laft recited Act, and the faid A&t paffed in the Forty-fecond Year of the Reign of His prefent Majefty relating to the Militia of Scotland, fhall be and are hereby declared to be in full Force for the making and levying of fuch Affeffment for not com pleting the Number of M-n required to be baliotted and enrolled under this Act, as fully as if the fame were herein re-enact d.

XXVII. And be it further enacted, That in case the full Number of Men required to be enrolled for any County, Hundred, or Parish in England. fhall not have been fo enrolled, it fhall be lawful for the Court of Exchequer in England, on Application of His Majefty's Attorney-General (if it fhall fee fit) to grant a Rule, calling upon the Treasurer of the County, the Chief Conftable of the Hundred, or Conftable or Overfeer of the Poor of any Par fh in refpt of which fuch Application fhall be made, to fhew Caufe why fuch County, Hundred, or Parish refp tively fhould not pay fuch Sum of Forty Pounds for every Man fo deficient as aforefaid; and if no fufficient Cause be fhewn to the Court within fuch Time as fhall be specified in fuch Rule, upon fuch Treasurer, Chief Conftable or Conftables, or Overseer of the Poor refp tively, then to fine fuch County, Hundies, or Parish, in refp &t of which fuch Application fhail be made, in fuch Sum of Forty Pounds per Man for every Man fo deficient, and to caufe fuch Fine to be levied by Diflringas or other Process applicable to the Nature of the Cafe, according to the Rules and Practice of fuch Court, upon the Chief Conftable or Clerk of Subdivifion Meetings as to Hundreds, or upon the Overfeers of the Poor of the Parish as to the Parishes.

XXVIII. And be it enacted, That in case the ful' Number of Men required to be enrolled for any County in Scotland, fhall not have been fo enrolled, it fhall be lawful for the Court of Exchequer in Scotland, on the Application of His Majetty's Advocate, to make an Order caling upon the Clerk of Supply of the County in respect of which fuch Application fhall be made, to fhew Caufe why fuch County, or the Parish or Place therein, in refpect of which fuch Application fhall have been made, fhall not pay fuch Sum of Forty Pounds for every Man fo deficient as aforefaid; and if no fufficient Cafe can be fhewn to the Court within fuch Time as fhall be specified in such Order, then to fine fuch County, Parish, or Place, in refpe&t of which fuch Application fhall be made, in fuch Sum of Forty Pounds per Man for every Man fo deficient, and to caufe fuch Fine to be levied by fuch Procefs as may be applicable to the Nature of the Cafe, according to the Rules and Practice of fuch Court.

XXIX. And be it further enacted, That when and fo foon as all the Men required to be raised for the Militia of any County under this Act, fhall have been raifed and enrolled, or at the Expiration of the Periods allowed for raifing Men under this Act, all further

Ballot

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Ballot and Enrolment of Men in fuch County fhall be fufpended, and fhall remain fo fufpended until the First Day of January One thoufand eight hundred and twelve.

XXX. And whereas by an A&t paffed in the Forty-fifth Year of

the Reign of His prefent Majefty, intituled, An Act to empower His 45 G. 3. c. 90. • Majefly to retain upon full Pay and Allowances, Officers of the Militia during the War, notwithstanding the Reduction, it is declared, that His Majetty may direct any Number of Officers and Corporals, ferving in the Militia at the Time of the Reduction of Privates to be retained, ་ although the Number may exceed the Proportion prefcribed for any Regiment, Battalion, or Corps, and that fuch Officers fhall fucceed to Vacancies in any Regiment, Battalion, or Corps refpectively, according to their refpective Ranks: And whereas fuch a Regulation was not meant to apply to Regiments, Battalions, or Corps where the Quotas of different Counties are united into one Body, except in fo far as regards any Commiffion granted by the Lord Lieutenant of the County when the Vacancy has taken place;' Be it therefore enacted, That when any Vacancy has already taken or fhall hereafter take place in any Regiment, Battalion, or Corps where the Quotas of different Counties are united into one Body, fuch Vacancy Thall not be filled up for the Militia of one County by a Commiffion from the Lord Lieutenant of another County; but that the Lord Lieutenant of the County where any Vacancy has already taken or fhall hereafter take place fhall have full Power to nominate a fit Perfon to fupply fuch Vacancy, any Thing in the faid A&t to the contrary notwithstanding: Provided always, that any Officer who has been retained by His Majefty upon Ful! Pay and Allowances, in confequence of the faid Act, fhall continue to be fo retained and fucceed to any Vacancy that may take place where the Commiffion has been granted by the Lord Lieutenant of the County from whom his Commiffion was derived.

Vacant Commiffions in Regiments,

when the Quotsis cf different

Counties are united, fhall not be filled up for the Militia of Lord Lieutenant one County by a of another, &c.

liable to Ballot.

XXXI. Provided always, and be it further enacted, That in making Apportionments all Apportionments of Milicia which shall hereafter be made, either fhall be made on in relation to Hundreds or Parishes, Regard fhall be had to the Number Perfons actually of Perfons ferving in Yeomanry or Volunteer Corps and in the Local Militia in fuch Hundreds and Parishes refpectively, and exempt by reason thereof from ferving in the Militia, and to all other Exemptions from ferving in the Militia, fo as that all fuch Apportionments fhall -be made on the Numbers of Perfons in fuch Hundreds and Parishes respectively, actually liable to be ballotted and to ferve in the Militia. XXXII. Provided always, and be it further enacted, That it fhall Periods allowed be lawful for His Majesty to appoint Two feveral Periods of Three for enlifting Days each refp et vely, at any Time after the First Day of August the Line, under One thoufand eight hundred and ten, for enlifting of Militia Men into 49G.3.c.4. $9. His Maj-fty's Regulars, in addition to the Time and Periods fpecified in the faid recited Act of this Seffion of Parlament as to any Regi ment in which the full Number of Men allowed by the faid A&t to enlift fhall not have enlifted under the Provifions of the faid Act into His Majefty's Regular Forces; and all the Claufes, Powers, Provifions, and Authorities in the faid recited A&t contained shall apply to fuch additional Periods of Enlifting as fully as if the fame had been foecified in the faid recited Act.

XXXIII. Whereas it may facilitate the Training of the Local Militia to allow the Commanding Officers of the Regular Militia to • discharge,

of

Militia Men inte

Colonels of the
Regular Milita
may discharge
Men to fupply
Local Militia

with Serjeants.

Fines of 201.
(fee § 13.)
and of 401.
(fee § 24.)
fhall be paid
over to Receiver

General in
England.

In Scotland,
Fines thall be

paid to Collector
of Cefs, &c.

His Majefty may order Pallot at

any Time before

1 June 1910, or after 1 O&. 1810, to complete Militia.

A.D.1809. discharge, if they fhall think fit, Men from their refpe&tive Regiments 'to be employed as Serjeants in the Local Militia of their respective Counties, be it therefore enacted, That it fhall be lawful for the Colonels or Commanding Officers of the Regular Militia, at the Requeft of any Colonels or Commanding Officers of the Local Militia of their respective Counties, to discharge any Number of Serjeants, Corporals, or Private Men ferving in their Regiments, to be enrolled and employed as Serjeants in the Local Militia of their refpective Counties, fo that no greater Proportion fhall be fo difcharged for the Purpose of being enrolled in any Regiment of Local Militia than One Serjeant to every Two hundred Men of which fuch Regiment of Local Militia fhall confift, and the Vacancies occafioned by all fuch Difcharges fhall be fupplied in like Manner as any Vacancies occafioned by transferring Men into His Majefty's Regular Forces are allowed or required to be filled up and supplied.

XXXIV. Provided always, and be it further enacted, That alf Fines of Twenty Pounds which shall be paid by any Perfon ballotted and making Detault, fhall be paid within Ten Days after the fame fhall be received, and alfo ail Fines of Forty Pounds for any Default under this A&t, fhall be paid within Ten Days after the fame fhall have been affelfed, to the Receiver General of the County, to be by him paid into the Receipt of the Exchequer; and every Clerk of Subdivifion Meetings, or other Perfon, who fhall retain in his Hands any fuch Fine of Twenty Pounds as aforefaid, or any fuch Fine of Forty Pounds as aforefaid, for the Space of Seven Days after the Expiration of fuch Period of Ten Days as aforefaid, shall forfeit double the Amount of the Money fo returned, to be recovered as any Penalty may be recovered under this Act or any Act relating to the Militia.

XXXV. Provided always, and be it further enacted, That all Fines of Twenty Pounds which shall be paid by any Perfons ballotted under this Act in Scotland, and making Default, fhall within Ten Days after the fame fhall be received, and alfo all Fines of Forty Pounds for Deficiencies under this Act. fhall within Ten Days after the fame fhail have been affeffed, be paid respectively to the Collector of the Cefs of the County, to be by him accounted for to fuch Receiver-General of Scotland, in the fame Manner as fuch Collector of the Cefs accounts for the Land Tax; and every Perfon and all Perfons who fhall retain in his or their Hands any fuch Part or Proportion of any Fine of Twenty Pounds as aforefaid, or any fuch Fine of Forty Pounds as aforefaid, for the Space of Seven Days after the Expiration of fuch Period of Ten Days as aforefaid, fhall forfeit Double the Amount of the Money fo retained, to be recovered as any Penalty may be recovered under this Act, or any Act relating to the Muitia.

XXXVI. Provided afo, and be it further enacted, That it shall be lawful for His Majefty, at any Time after the paffing of this Act, and before the faid First Day of June One thousand eight hundred and ten, if it fhail appear to His Majesty to be neceffory, for the more foeedily completing of the Militia, to order and dire&t by any Order of His Mjetty in Council, that the Ballot for compitting the Militia thall commence at any Time to be named in any fuch Order in Council, any Thing in this Act or the faid recited Act of the Forty feventh Year aforefaid to the contrary notwithstanding; and that the raifing and euroling Men by Beat of Drum or otherwife fhall either ceafe or

proceed,

proceed, together with fuch Ballot, as to His Majefty fhall feem fit, and fuch Sum or Bounty of Ten Guineas fhall in fuch Cafe be allowed and paid, and applied in refpe&t of Men ballotted, or Subftitutes, in Manner by this Act directed: Provided alfo, that it fhall be lawful for His Majelty in like Manner to order and direct that the Militia of any County, which at the Conclufion of the Period allowed by this A& for completing the Militia remains or fhall become deficient, fhall be completed by Ballot; any Thing in any Act or Acts of Parliament to the contrary notwithstanding; and notwithstanding any Sufpenfion of Ballot which may have taken place or may hereafter take place.

Lieutenants

XXXVII. And be it further enacted, That where Deputy Lieu- Jaftices may a tenants are by this Act directed or empowered to do any Act, Matter, for and with or Thing, in or concerning the Execution thereof, the fame fhall be Deputygood and valid if it be done by any One Deputy-Lieutenant, or in the Abfence of any Deputy-Lieutenant, by One Justice of the Peace, except as to all fuch Matters as are directed to be done by DeputyLieutenants acting in the Abfence of a Lieutenant, or Vice-Lieutenant, or at any General Meeting, or at any Subdivifion Meeting: Provided always, that where One Deputy-Lieutenant only shall be able to attend any Subdivifion Meeting it fhall be lawful for any One Juftice of the Peace or Magiftrate of the Division or Diftrict, to fit and act with fuch Deputy-Lieutenant, with all fuch Powers and Authorities relating thereto as are in this Act, or any A& relating to the Militia, given to Deputy-Lieutenants.

"Provifions relating to Counties, &c. extended to Ridings, &c. § 38. "Powers of 42 G. 3. c. 90. and c. 91. and all other Militia Acts, "extended to this Act. $39.

XL. And be it further enacted, That from and after the paffing of this Act, if any High Conftable, or Chief or other Conttable, or any Clerk of General or Subdivifion Meetings, or Schoolmaster, or any Commiffioned Officer, Adjutant, Quartermafter, or Serjeant in the Militia or Local Militia, fhall enfure or take any Money for the Infurance of, or be in any Way concerned in any Company, Society, Partnership, or Office for the Infurance of any Perton or Perfons for the providing any Subftitute or Volunteer, or Substitutes or Volunteers, or for the paying or returning any Money for the providing any Subftitute or Volunteer, or Subftitutes or Volunteers in the Militia, for any Perfon or Perfons who may be ballotted to ferve in the Militia, every fuch High Constable, or Chief or other Conftable, or any Clerk of General or Subdivifion Meetings, or Schoolmatter, or Commiffioned Officer, Adjutant, Quartermaster, or Serjeant as atorefaid, shall forfeit for every fuch Offence One hundred Pounds.

Penalty on High
Conflables, &
infuring for
tutes, 100).
providing Sub-

XLI. And be it further enacted, That all Fines, Penalties, and Recovery of Forfeitures, by this Act impofed, which thail exceed Twenty Pounds, Penalties fhall be recovered by Action of Debt, Bill, Plaint, or Information, exceeding 201, at the Sitit of His Majetty's Attorney-General for England, or Advocate for Scotland, or at the Suit of any Perfon appointed to fue for the fame, by any Lieutenant, or Deputy Lieutenants, or ViceLieutenants acting for any Lieutenant, in any of His Majesty's Courts of Record at Welminfler, or the Courts of Great Seffion in the Principality of Wales, or the Courts of the Counties Palatine of Chefler, Lancafler, and Durham, (as the Cafe fh-ll require,) in England, and in the Court of Exchequer in Scotland, wherein no Effign,

Pavilege,

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