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XVIII. Provided always, and be it enacted, That all Penalties and Costs and Charges of Suit, and all Sums of Money for which any Per. son or Persons is or are by this A&t made answerable, may and shall be recovered in any of His Majesty's Courts of Record at Westminster, or in His Majesty's Court of Exchequer in Scotland, according as the Cafe may require, by Action of Debt, Bill, Paint, or Information, wherein no Esloign, Wager of Law, or Protection, or more than one Imparlance shall be allowed.
[10th June 1809.] " Continuance of A& 25th of March 1810. s 10.
[In all Refpe&is the same as 48 G. 3.c. 51.]
March One Thousand eight hundred and ten, and amend fo
[10th June 1809.] (See 42 Geo. 3. c. 64. to which this Aa is fimilar, mutatis mutandis.]
CA P. XC. An A&t for providing Relief for the Wives and Families of the Militia Men in Scotland, when called into actual Service.
[10th June 1809.] THEREAS an A&t passed in the Forty-third Year of the
Reign of his present Majesty, intituled, An Aa for providing Relief for the Families of Militia Men in Scotland, when called into • a&ual Service : And whereas the faid Act requiring to be amended, • it is expedient to repeal the same, in order that the whole Pro• visions for such Relief may be consolidated in one A&; may
therefore please Your Majesty that it may be enacted ;' And be it enacted by the King's most excellent Majelty, by and with the Advice and Consent of the Lords Spiritual and Temporal
, and Commons, in this present Farliament assembled, and by the Authority 43 G. 3. c. 89. of the fame, That after the Expiration of Two Calendar Months recited and re after the passing hereof, the said Act shall be and the same is hereby pealed: Except repealed (excepting in so far as the fame relates to the Qualification
refpecting and Appointment of Deputy-Lieutenants for the Counties of Bule thic Qualification and Appoint
and Sutherland; and also excepting in so far as it prevents a Subftitur? ment of Deputy- from being received for any ballotted Man in the Militia of Scotland, Lieutenants for which Substitute shall have more than Two lawful Children at the
and Suth- Time he shall be produced to be enrolled); and from and after the as to Subftilutes Expiration of such Two Months, wherever the said recited A& shall not having more have been referred to in any Act or Acts of Parliament, this Aa thall than iwo Chile dren.
be deemed and taken to be the Act so referred to, in the same Manner as if this Act had been therein referred to.
11. And be it enacted, That if any Person serving or enrolled in the Families of Militia of Scotland as a Non-commissioned Officer or Drommer, or as Militia Men ia a ballotted Man or Subtitute, hired Man or Volunteer resp. Etively, Scotland called fhall, when embodied and called out into actual Service, leave a Family out into acual unable to support themselves, the Family of every suck Non-commis- receive a weekly fioned Officer, Drummer, ballotted Man. Subftitute, hird Man, or Allowance. Volunteer refpectively, shall receive in the Manner herein-after directed a weekly Allowance, by the following Rule ; that is to fa", pot exceeding the usual and ordinary Price of one Day's Labour in Husbandry within the County, Stewartry, Divifion, District, Parish, or Place where such Family Mall dwell, nor less than One Shilling for each and every Child born in Wedlock, and under the Age of Ten Years; and for the Wife of such Non-commislioned Officer, Drummır, ballotted Man, Substitute, hired Man, or Volun. teer, whether he shall or shall not have any Child or Children, a Sum not exceeding the Price of one Day's such Labour, nor less than One Shilling
III. And be it further enacted, That it Thall be lawful for the Rate of Allox, Justices of the Peace of any County or Stewartry, in Scotland, raising ance shall be
fixed by Justices any Militia, assembled in Quarter Sessions, either upon the Day on which the Michaelmas Head Court is beld, or on the Day on
Quarter Sessions the Commissioners of Supply meet to assess the Land Tax, and they are hereby directed to settle, ascertain, and regulate the Rate of Allowance to be paid under this Act to the Families of Militia Men r-sident within such County, Stewartry, D vision, or Place, and every luch Rate of Allowance so fettled, ascertained, and regulated as aforesaid, shall be binding upon all Juftices of the Peace making any Order for the Payment of Allowances under this Act in such County, Stewartry, Division, or Place, until another or new Rate of Allowance shall be settled by them as aforesaid. “ Former Rate of Allowance continued till new Rate made. $ 4.
V. Provided always, and be it further enacted, That no Allowance Allowance shall shall be ordered or paid under this Ad to the Wife or Children not be made unti of any Person serving in the Militia, until such Person shall have Militia Man shall joined the Regimeni, Battalion, or Corps to which he belongs, or for have joined his any longer Period than such Person shall continue to serve and remain Corps. embodied in actual Service; nor in any Case in which the Wife in respect of or by whom any such Relief is demanded shall be in the same Parish cr Place wherein the Regiment, Battalion, or Corps in which her Husband fhall serve shall be for the Time, or shall leave her Child or Children (if any) or d-part from her Home or Place of Re. fidence specified in the Declaration herein-after mentioned, unless under Certificate of any neighbouring Justice of the Peace, or the Minister and one or more Members of the Kirk Session of the Parish in which such Relief shall be given, authorizing such Departure for a Time specified therein, not exceeding Ton Weeks, for the purposes of Harveft, or obtainiog by Work a better Support for her Family.
VI. Provided always, and be it further enacted, That from and Nor to Family of after the passing of this Aa, no Allowance under this Act shall be any Subltitute, given or ordered to be given to the Family of any Substitute, hired &c. marrying Man of Volunteer, who shall marry after and during the Time of his without Confent
being called out into actual Service, unless fuch Marriage shall have taken place with the Coniene of the Colonel or Commanding Oficer of the Regiment, Battalion, or Corps to which such Militia Man fhall belong, and such Consent shall have been certified under the Hand of
such Colonel or other Commanding Officer previcus to such Marriage. Commanding
VII. And be it enacted, That previous to the granting of any Officers shall re- such Certificate, fuch Commanding Officer shall satisfy himself that gister Certificates every such Substitute, hired Man, or Volunteer, was not previously of such Consent, married ; and every Commanding Officer granting such Certificate &c.
fall keep or cause to be kept, a Regifter thereot, and of the Mar.
riage, in the Manner appearing from Schedule (F.) hereunto annexed. No Family to be VIII. Provided always, and be it further enacted, That no Wife, entitled to Allow- Child or Children of any Militia Man shall be entitled to any Al. ance unless Hus- lowance under this AA, unless such Militia Man fhall make and liga band makes a Declaration.
a Declaration before the Commanding Officer of the Regiment to which he belongs according to the Schedule (A.) hereunto annexed, and unless fuch Commanding Onicer shall certify that such a Declaration has been made before him according to the Form appearing from Schedule (B.) hereunto annexed, and unless such Commanding Officer shall transmit such Declaration and Certificate to the Clerk of Supply of the County or Stewartry wherein such Wife or Children relide,
which he is hereby required to do. To remain in
IX. And be it enacted, That any such Declaration and Certificate force only Six Months.
shall remain in force for Six Months, and no longer.
X. And be it further enacted, That upon such Declaration and Declaration and Certificate thall Certificate being transmitted to the Clerk of Supply of the County be transmuted to or Stewartry where such Wife or Children refide, be fall enter the Flerk of Supply. same in a Register to be kept of such Declarations and Certificates, in
the Manner appearing from Schedule (G.) bereunto annesed. and fuch Clerk of Supply shall transmit every such Declaration and Certificate withio Six Days after he fall have received the fame to the Miotter of the Parish wherein such Wife or Children reside; and any
Clerk of Supply receiving any such Declaration and Certificate, and failing or reglecting to register and transmit the same in the Manner heren directed, shall forfeit and pay a Sum not exceeding Five Pounds for each Default, to be recovered with Expences or Colis of Suit, by a fummary Complaint to be made to the Sheriff or Stewart-Depute of the County or Stewartry by any Person or Persons, One Half of which Penalty to be applied to the Use of His Majesty, His Heirs and Successors, and the other Half to be paid to the Person or Persons
suing for the same. Minister and XI. And be it further enacted, That the Miniiter upon receiving Kirk Seffion shall such Declaration and Certificate, shall lay the same before the Kirk Savert the Fa. Seffion, and the said Minister and Kirk Session shall inquire into the mily, and there- Situation of the Family, and if upon such Inquiry it shall appear that upon grant Cer- they are unable to maintain themselves, such Minister and Kik Seflion tificate. Thall thereupon sign a Certificate in the Terms appearing from the
Schedule (C.) hereunto annexed, and shall transmit the same to some Commillioner of Supply residing within the Parish, or in the Event of no Commisioner of Supply residing within the Parish, to some Heritor poflefled of Land within the Parish to the Amount of at least Fifty Pounds of valued Rent, or some Person occupying Land within the Parish, and paying Rent of not less than Fifty Founds Sterling per Annum; and in Cities or Towns Corporate, to one of
the Magiftrates thereof; and if such Commissioner or Heritor, or Person or Magistrate respectively, shall be satisfied of such Inability, they, as well as such Minister and Kirk Sellion, shall fign such Certificate.
XII. Provided always, and be it enacted, That if upon such Smaller Allow. Inquiry it fall appear that such Wife or Children may be enabled ance may be laid to maintain themselves with a smaller Allowance than the 'Rate hereby in certain Cases, directed to be paid to such Wife or Childre?, fuch Minister and Kirk Soffion are her:by au: horized to ascertain and specify the Amount of fuch smaller Allowance to be paid to such Wife or Cildren in such Certificate as aforesaid, and every smaller Allowance, fo ascertained and specified, shall be paid in the same Minner as if the full Allowance authorized by this Act were to be paid to such Wife or Child:eo. XIII. And be it further enacted, That such Certificate shall remain
Certificate shall in force for Taree Months and no longer: and if at the Expiration be renewed every of such Period the Wife or Children Thall Atill be unable to support Three Montlu. themselves, they shall again apply to the Minister, who shall again lay their Application before the Kirk Seffion, and such Miniter and Kirk Seffion hall again inquire into such Inability, and if such Inability Thall appear to continue, another Certificate shall be granted according to the Forn and in the Manner before directed, and so at the End of every Three Months as often as any such Application shall be made ; provided that a Reiurn shall not have been made in the Manner herein-after directed, of the Death, Desertion, Removal, or otherwise from the Régiment of any Militia Man, in Behalf of whose Wife or Children any such Application shall have been made.
XIV. And be it further enacted, That upon the Production of On Production of such Certiacate to a Justice of the Peace of the County or Stewartry Certificate, Jufwhere such Family relides, such Justice shall, if he be satisfied there. tices thall make
an Order for Alwith, make an Order in the Form appearing from Schedule (D.) lowance. hereunto annexed, for the Payment of a weekly Allowance, according to the Rate which ihall have been set:led by the Juftices of the County or Stewartry as aforesaid, for each and every Chid and the Wife named in such Certificate, or where a smaller Allowance shall appear to have been ascertained, and shall be specifed in such Certificate, then for the Payment of luch smailer Allowance.
XV. And be it further enacted, That every such O der shall remain To be in force for in force for Three Months, and no longer.
Three Montlis. XVI. And be it further enacted, That every such Certificate upon Order shall be which any such Order shall have been made thail forth with he trans- transmitted by mitted by the Juftice of the Peace making the same to the Cerk of Justice to Clerk Supply of the County, Stewartry, City or Place in which fuch Families of supply, who
Thall transmit it Thall dwell, who sail record the same, and thall forth with transmit
to Collector of Copies of so many of such Certificates as relate to Allowances to Celso Families of Militia Men serving for any other County, Stewartry, City, or Place, to the Clerk of Supply of such other County, Stewartry, City, or Place, and shall also transmit the Originals of all Certificates transmitted to him by a Justice of the Peace as aforesaid, to the Colo lector of the Cess for his County or Stewartry, City or Place; and any Clerk of Supply failing or neglecting for the Space of Six Days after the Receipt of any such Certificates, to record and transmit Copies and the Originals thereof in the Manner herrin directed, shail forfeit and pay a Sum not exceeding Five Pounds for each Neglect, to be recorcred with Expences or Colts of Suit, in the same Manner
that any Penalty against Clerks of Supply is herein directed to be recovered, One Half of which Penalty to be applied to the Use of His Majesty, His Heirs and Successors, and the other Half to be paid
to the Person or Persons suing for the same. Collector of Cels XVII. And be it further enacted, That it shall be lawful for such thall rernit for Collector of the Cess, and he is hereby authorized and required to Allowances to remit or pay out of such publick Monies as may be in his Hands, to Kirk Treasurer.
the Treasurer of the Kirk Seslion of each Parish, and where there hall be no such Treasurer, then to the Minister and Kirk Seffion of such Parish, at least once in every Month, a Sum fufficient to satisfy and pay the Amount of the Allowances specified in such Certificates fo transmitted to such Coilector; and any Collector failing or neglecting to remit fuch Sum in the Manner herein directed, thail forfeit and pay a Sum equal to twice the Amount thereof, to be recovered wich Expences or Cofts of Suit, by a summary Complaint to be made to the Sheriff or Stewart-Depute of the County or Stewartry, by any Person or Persons, One Half of which Penalty shall be paid to the Kirk Treasurer, or to the Minister and Kirk Sallion where there is no Kirk Treasurer, to make good the Sum' which ought to have been remitted to bim or them by such Collector, and the other Half to be
paid to the Person or Perlons suing for the same. Treasurer of XVIII. And be it further enacted, That the Treasurer of the Kirk Sellion shall Kiik Sullion or Minister and Kirk Session, (as the Case may be,) 10 pay upon an Or whom fuch Sum shall be remitted, shal, give a Receipt for the same; rice, and trant- and such weekly Allowances shall be paid by the Kirk Treasurer, or mit Account to
the Minister and Kirk Seffion, upon Production of the Order made Clerk of Supply. by a Justice of the Peace as aforesaid, to the Persons entitled to re
ceive the same, provided such Persons are a&ually residing in the Par fh where such Allowances are demanded at the Time, but not otherwise, upless upon Permission for a limited Time, and upon a C:rtificate thereof in the Manner herein-before directed, and Receipts fall be taken from the Persons to whom such Allowances fall be paid; and the said Kirk Treasurer, or Minister and Kırk Seflion, shall transmit an Account once in every Month to the Clerk of the Commissioners of Supply, to be by him preserved and kept, shewing the Monies received and paid pursuant to this Act, in which the Persons to whom the same shall be paid shall be specially described by Name, Age, Residence, and as the Wife or Children of the Militia Man, declared and certified in the Manner herein directed ; and any Treasurer of the Kirk Seffion, or Minister and Kirk Siffion, to whom Money fall have been remitted or paid as aforefad, (as the Case may be,) who shall refuse or delay to pay such weekly Allowances in the Mandir herein directed, shall forfeit and pay a Sum equal to twice the Amount of each Sum so refused or delayed to be paid, or who shall fail or negleet to transmit an Account in the Manner hereby directed, shall forteit and pay a Sum not exceeding Five Pounds for each Neglia, to be recovered in a fummary Manner, with Experces or Colts of Suit, upon Complaint made to any Justice of the Peace of the County or Stewartry in which such Treasurer, Minister, and Kirk Seffion refide, by the Person or Persons to whom the fame ought to have been paid, or by the Clerk of Supply, to whom the fame ought to have been transmitted, One Half of which Penaliy to be applied to the Use of His Majesty, His Heirs and Succeffors, and the other Half to be paid to the Person or Persons suing for the fame.