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1 04. 1810.
XXI. And be it further enact:d, That from and after the pafling of if Persons orthis A&, it shall be lawful for the Deputy-Lieutenants in their re.
dereri to be drawn spective Subdivifions, and they are hereby required, at any time during out fhall not the Period allowed for ballotting and enrolling Men under this Act, withiu'10 Days, in case any Person ordered to be drawn out and embodied shall have Vacancy shall be made or shall make Default by not appearing, or by D-fertion or
up. Absence from Duty, and shall not be taken within Ten Days from the Time of such Default, Desertion, or Absence, to declare a Va. cancy, and forthwith to fill up the same according to the Provisions of the said Acts and this Act.
XXII. And be it further enacted, That the Clerks of Subdivision Return of Meetings shall within Fourteen Days after the Expiration of the Period Schedules of allowed for enrolling of any Men in their respective Counties, make Men enrolled in out and return Two Schedules in the Form to this Act annexed,
(Schedule C.) marked (C.) Duplicates of each other, of the Numbers and Names of the Men enrolled in their Subdivision, and also of the Bounties received and applied, and Fines paid by Persons ballotted to serve, and shall transmit such Schedules to the Clerk of General Meetings, who hail forth with transmit one of such Schedules to one of His Majesty's principal Secretaries of State.
XXIII. And be it further enacted, That nothing in this AA con. Saving for tained shall extend or be construed to extend to the City of London.
London. XXIV. And be it further enacted, That every County, Hundred, Fines for and Parish, for which the full Number of Men required by this A& Deficiencies On Thall not have been enrolled before the said First Day of Odober One
40l. per Man. thousand eight hundred and ten, shall be subject to a Fine of Forty Pounds for every Man required to be ballotted and enrolled in such County. Hundred, or Parish remaining deficient,
XXV. And be it further enacted, That the respective Colonels or In England, other Commandants of the Regiments of Militia in England shall, at Colonels shall the Expiration of the Period within which the Men required to be transimit to raised under this Act ought to have been enrolled within their Quarter Seslions refpe&ive Counties, transmit to the Juttices of the Peace or Magistrates Deficiencies, and assembled at the several General Quarter Sessions of the Peace held for the Sefhions the respe&tive Counties at the Quarter Sessions of the Peace next after thall assess 401 such Period, Certificates of the Number of Men remaining deficient per Man. in their respective Regiments under the Provisions of this Ad, and the Justices of the Peace or :he Magistrales assembled at such Sessions Mall at such Sessions assess the Penalty of Forty Pounds for each Private Man so certified to be deficient as aforesaid, and such Affeff. ment shall be forthwith returned by the Clerk of the Peace to His Majesty's Court of Exchequer in England.
XXVI. And be it further enacted, That the respe&ive Colonels or In Scotland, other Commanding Officers of Militia in Scotland shall, immediately Colonels shall after the Expiration of the respective Periods within which the Nume transmit Certibers of Men to be enrolled under this Act in their respective Counties, ciencies to the are required to be completed under the Provisions of this Act, Clerk of Supply, transmit to the Clerk of Supply of the respective Counties to the Militia and the Comof which they belong, Certificates of the Deficienciesand Vacancies miffioners shall that remain to be filled up in their respe&ive Regiments under this affefs 40l. per
Man, Act; and such Clerk of Supply shall forth with summon a Meeting of the Commissioners of Supply, and the Commissioners of Supply assembled at fuch Meeting thall affels the Sum of Forty Pouods for
cach Private. Man lo certified to be deficient as aforesaid, in the
Manner directed by an A&, passed in the Forty-third Year of the 43 G.3. e. 89. R-ign of His present Majesty, intituled, An Aa for providing Relief (But fee for ihe Wives and Families of Militia Men in Scotland. and such 19 G. 3. c. 90.) 'Afleflment shall forth with be transmitted by the Clerk of Supply to
His Majesty's Court of Exchequer in Scotland; and all the Powers, Provisions, Ciausea, Rules, and Dire&ions, Pains, Penalties, and Forfeitures relating to the making and levying of the All flment directed by the said last recited na, and the said A& passed in the Forty.fecond Year of the Reign of His present Majesty relating to the Militia of Scotland, shall be and are hereby declared to be in full Force for the making and levying of such Aflefsment for not com: pleting the Number of M-n required to be baliotted and eurolled
under this AA, as fully as if the same were herein re-cpact d. Court of
XXVII. And be it further en:ct:d, That in case the full Number Exchequer in
of Men required to be enrolled for any County, Hundred, or Parish England may fone Counties,
in England. shall not have been so enrolled, it shall be lawful for &c. in 40l. the Court of Exchequer in England, on Application of His M jesty's per Man for
Attorney-General (it it shall see fit) to grant a Rule, calling upon Deficiencies.
the Treasurer of the County, the Chief Constable of the Hundred, or Constable or Overseer of the Poor of any Parish in respi &t of which such Application shall be made, to show Cause why such County, Hundred, or Parish resp. ctively fhould not pay such Sum of Forty Pounds for every Man so deficient as aforesaid; and if no sufficient Cause be shewn to the Court within such Time as Thall be specified in such Rule, upon such Treasurer, Chief Conftable or Contables, or Overseer of the Poor resp. ctively, then to fire fuch County, Hundici, or Parish, in resp et of which such Application fail be made, in such Sum of Forty Pounds per Man for every Man so deficient, and to cause such Fine to be levied by Disringas or other Process appli. cable to the Nature of the Case, according to the Rules and Practic of such Court, upon the Chief Conttable or Clerk of Subdivision Meetings as to Hundreds, or upon the Overseers of the Poor of
the Parish as to the Parishes. Like Power to XXVIII. And be it enacted, That in case the full Number of Man Court of
required to be enrolled for any County in Scotland, shall not have beca Exchequer in Scodand.
so enrolled, it shall be lawful for the Court of Exchequer in Scotland, on the Application of His Majetty's Advocate, to make an Order calling upon the Clerk of Supply of the County in respect of which such Application shall be made, to shew Cause why such County, or the Parish or Place therein, in respect of which such Application shall have been made, shall not pay such Sum of Forty Pounds for every Man so deficient as aforesaid ; and if no sufficient Cause can be thewu to the Court within such Time as shall be specified in such Order, then to fine fuch County, Parish, or Place, in respict of which such Application shall be mad:, in such Sum of Forty Pounds per Man for every Man so deficient, and to cause such Fine to be Tevied by such Process as may be applicable to the Nature of the
Case, according to the Rules and Practice of such Court. Wheu Men XXIX. And be it further enacted, That when and so soon as all raised, Ballot
the Men required to be raised for the Militia of any C:unty under again suspended this Aa, mhall have been raised and enrolled, or at the Expiration to 1 Jan. 1812. (But joe § 36.) of the Periods allowed for raising Men under this Act, all further
Ballot and Enrolment of Men in such County shall be fuspended, and shall remain so suspended until the First Day of January One thousand eight hundred and iwelve.
XXX. • And whereas by an Act passed in the Forty-fifth Year of the Reign of His present Majesty, intituled, An Aa to empower His 45 G. 3. c. 90. • Majesly to retain upon full Pay and Allowances, Oficers of the Militia
during the Wur, notwithftanding the Reduction, it is declared, that His • Majelty may direct any Number of Officers and Corporals, serving in • the Militia at the Time of the Reduction of Privates to be retained, . although the Number may exceed the Proportion prescribed for
any Regiment, Battalion, or Corps, and that such Officers shall • succed to Vacancies in any Regiment, Battalion, or Corps re• spectively, according to their respective Ranks: And whereas such • a Regulation was not meant to apply to Regiments, Battalions, or • Corps where the Quotas of different Cɔunties are united into one
Body, except in so far as regards any Commissijn granted by the • Lord Lieutenant of the County when the Vacancy has taken place;' Be it therefore enact:d, 'That when any Vacancy has already taken or Vacant Comshall herea'ter take place in any Regiment, Battalion, or Corps where missions in the Quotas of different Counties are united into one Body, such Va- Regiments, cancy Thall not be filled up for the Militia of one County by a Com. When the Quotes mission from the Lord Lieutenant of another County; but that the Counties are Lord Litutenant of the County where any Vacancy has already taken united, shall not or shall hereafter take place shall have full Power to nominate a fit be filled up for Person to supply such Vacancy, any Thing in the faid Ad to the the Militia of
one County by a contrary notwithltanding: Provided always, that any Officer who
Lord Lieutenant has been retained by His Majesty upon Ful! Pay and Allowances, of another, &c. in consequence of the said Act, mall continue to be so retained and succeed to any Vacancy that may take place where the Commission has been granted by the Lord Lieutenant of the County from whom his Commission was derived.
XXXI. Provided always, and be it further enacted, That in making Apportionments all Apportionments of Milicia which shall hereafter be made, either thall be made ou in relation to Hundreds or Parishes, Regard shall be had to the Number Persons actually
liable to Ballot. of Persons serving in Yeomanry or Volunteer Corps and in the Local Militia in such Hundreds and Parishes respectively, and exempt by reason thereof from serving in the Militia, and to all other Exemptions from serving in the Mili:ia, so as that all such Apportionments shall -be made on the Numbers of Persons in such Hundreds and Pirishes rtsprat-vely, actually liable to be ballotted and to serve in the Militia,
XXXII. Provided always, and be is further enact:d, That it shall Periods allowed be lawful for His Maje!ly to appoint Two several Periods of 'Three for enlifting Days each resp. ct veiy, at any Time after the Firl Day of Augup the Line, under One thousand eight hundred and ten, for epifting of Militia Men into
49G.3. C. 4. $0. His Maj-Ay's Regulars, in addition to the Time and Periods fpecified in the said recited Act of this Seffion of Parliament as to any Regiment in which the full Number of Men allowed by the said Act to enlift shall not have enlifted under the Provisions of the said det into His Majesty's Regular Forces; and all the Clauses, Powers, Provilions, and Authori ies in the said recited Ad contained shall apply to such additional Piriods of Erlifting as fully as if the same had been soecifi-d in the said recited Act.
XXXIII. Whereas it may facilitate the Training of the Local «Militia to allow the Commanding Officers of the Regular Militia to 4
• discharge, if they shall think fit, Men from their respective Regiments
to be employed as Serjeants in the Local Militia of their respective Colonels of the Counties, be it therefore enacted, That it shall be lawful for the Regular Militha may discharge
Colonels or Commanding Officers of the Regular Militia, at the ReMen to supply quest of any Colonels or Commanding Officers of the Local Militia of Local Militia their respective Counties, to discharge any Number of Serjeants, Cor. with Serjeants. porals, or Private Men serving in their Regiments, to be enrolled and
employed as Serjeants in the Local Militia of their respective Counties, so that no greater Proportion thall be so discharged for the purpose of being enrolled in any Regiment of Local Milicia than 0.ie Serieant to every Two hundred Men of which such Regiment of Local Militia shall confilt, and the Vacancies occasioned by all such Discharges shall be supplied in like Manger as any Vacancies occafioned by transferring Men into His Majetty's Regular Forces are allowed or required to be
filled up and supplied. Fines of 201. XXXIV. Provided always, and be it further enact-d, That all (see $ 13.) Fines of Twenty Pounds which shall be paid by any Person ballotted and of 401.
and making Detault, shall be paid within Ten Days after the same (fee $ 24.) Thall be paid
shall be received, and also ail Fines of Forty Pounds for any Detault over to Receiver under this A&, shall be paid within Ten Days after the same shall General in have been affeised, to the Receiver. General of the County, to be England. by him paid into the Receipt of the Exchequer; and every Clerk
of Subdivilion Meetings, or other Person, who Thall retain in his Hands any such Fine of Twenty Pounds as aforesaid, or any fuch Fine of Forty Pounds as aforesaid, for the Space of Seven Days after the Expiration of such Period of Ten Days as aforesaid, shall forfeit double the Amount of the Money so returned, to be recovered as any Penalty may be recovered under this Act or any Act relating
to tbe Militia. In Scotland, XXXV. Provided always, and be it further enacted, That all Fines thall be Fines of Twenty Pounds which shall be paid by any Persons ballotted paid to Collector under this Act in Scotland, and making Default, shall within Ten of Cess, Sic.
Days after the same shall be received, and also all Fines of Forty Pounds for Deficiencies under this Act, shall within Ten Days after the same shail have been affefed, be paid respectively to the Collector of the Cels of the County, to be by him accounted for to such Re. ceiver-General of Scotland, in the same Manger as such Collector of the Cess accounts for the Land Tax ; and every Person and all Persons who shall retain in his or their Hands any such Part or Proportion of any Fine of Twenty Pounds as aforesaid, or any fuch Fine of Forty Pounds as aforesaid, for the Space of Seven Days after the Expiration of such Period of Ten Days as aforesaid, shall forfeit Double the Amount of the Money so retained, to be recovered as any Penalty may
be recovered under this Act, or any Act relating to the Milicia. His Majesty may
XXXVI. Provided aifo, and be it further enacted, That it shall be order Pallot at lawful for His Majesty, at any Time after the passing of this Act, any Time before and before the said First Day of June One thousand eight hundred 1 June 1910, and ten, if it Mail appear to His M jetty to be neceffáry, for the more or after 1 Oct.
speedily completing of the Militia, to order and dire&t ny ary Order of 1810, to complete Militia.
His M jelty in Conncil, that the Ballot for completing the Militia thall commence at any Time to be named in any fuck. Order in Council, any Thing in this Act or the said recited Act of the Forty seventh Year aforesaid to the contrary Hotwithftanding; and that the raising and eurol.ing M.n by B at of Drum or otherwise fhall either ceale or
proceed, together with such Ballot, as to His Majesty shall seem fit, and such Sum or Bounty of Ten Guineas shall is such Case be allowed and paid, and applied in respect of Men ballotted, or Substitutes, in Manner by this Act directed : Provided also, that it shall be lawful for His Majeity in like Manner to order and dire&t that the Militia of any County, which at the Conclusion of the Period allowed by this Act for completing the Militia remains or shall become deficient, shall be completed by Ballot; any Thing in any Act or Acts of Parliament to the contrary not withftanding; and notwithstanding any Sufpenfioa of Ballot which may have taken place or may hereafter take place.
XXXVII. Ard be it further enacted, That where Deputy.Lieu- Jastices may ang tenants are by this A& directed or empowered to do any AC, Matter, for and writla
Deputyor Thing, in or concerning the Execution thereof, the same shall be
Liemenanti good and valid if it be done by any One Deputy-Lieutenant, or in the Absence of any Deputy-Lieutenant, by One Justice of the Peace, except as to all such Matters as are direct-d to be done by Depuig Lieutenants acting in the Absence of a Lieutenant, or Vice-Lieu. ter:ant, or at any General Meeting, or at any Subdivision Meeting : Provided always, that where One Deputy-Lieutenant only shall be able to attend any Subdivision Meeting it shall be lawful for any One Justice of the Peace or Magistrate of the Division or District, to fit and act with such Deputy.Lieutenant, with all such Powers and Authoricies relating thereto as are in this Act, or any Act relating to the Militia, given to Deputy-Lieutenants. “ Provisions relating to Counties, &c. extended to Ridings, &c. 38. “ Powers of 42 G. 3. c. 90. and c. 91. and all other Militia Aas, “ extended to this Act. $ 39.
XL. And be it further enacted, That from and after the passing Penalty on Higle of this AA, if any High Constable, or Chief or other Conttable, Constables, de or any Clerk of General or Subdivision Meetings, or Schoulmaster, insuring for or any Commissioned Oficer, Adjutant, Quartermaster, or Sirjeant providing sub
1ool in the Militia or Local Militia, shall ensure or take any Money for the Insurance of, or be in any way concerned in any Company, Society, Partnership, or Office for the Insurance of any Perion or Perfons for the providing any Substitute or Volunteer, or Substitutes or Volunteers, or for the paying or returning any Money for the providing any Substitute or Volunteer, or Substitutes or Volunteers in the Militia, for any Person or Persons who may be ballotted to serve in the Militia, every such High Constable, or Chief or other Can. ftable, or any Clerk' of General or Subdivision Meetings, or Schoolmatter, or Commissioned Officer, Adjutant, Quartermatter, or S-rjeant as aforesaid, shall forfeit for every fuch Offence One hundred Pounds.
XLI. And be it further enacted, That all Fines, Penalties, and Recovery of Forfeitures, by this Act imposed, which thail exceed Twenty Pounds, Penalties shall be recovered by Action of Debt, Bill, Paint, or Information, exceeding 20l, at the Suit of His Majetty's Attorney-General for England, or Advocate for Scotland, or at the Suit of any Person appointed to sue for the same, by any Lieutenant, or Deputy.Lieutenants, or ViceLieutenants a&ting for any Lieutenant, in any of His Majesty's Courts of Record at Westminster, or the Courts of Great Session in the Principality of Wales, or the Courts of the Counties Palatine of Chejter, Lancafler, and Durham, (as the Case shall require,) in England, and in the Court of Excbequer in Scotland, wherein no Effign,