Recovery of
Penalties, &c.

XVIII. Provided always, and be it enacted, That all Penalties and Colts and Charges of Suit, and all Sums of Money for which any Per fon or Perfons is or are by this A&t made anfwerable, may and fhall be recovered in any of His Majefty's Courts of Record at Westminster, or in His Majefty's Court of Exchequer in Scotland, according as the Cafe may require, by Action of Debt, Bill, Paint, or Information, wherein no Effoign, Wager of Law, or Protection, or more than Ose Imparlance fhall be allowed.

CA P. LXXXVIII.

An Act for making Allowances in certain Cafes to Subaltern Officers of the Militia in Great Britain, while difembodied. [10th June 1809.]

"Continuance of A&t 25th of March 1810. § 10.

[In all Refpells the fame as 4S G. 3. c. 51.]

An Act to revive and continue, until the Twenty-fifth Day of March One Thoufand eight hundred and ten, and amend fo much of an Act, made in the Thirty-ninth and Fortieth Year of His prefent Majefly, as grants certain Allowances to Adjutants and Serjeant-Majors of the Militia of England, difembodied under an Act of the fame Seffion of Parliament, [10th June 1809.]

[See 42 Geo. 3. c. 64. to which this Aat is fimilar, mutatis mutandis.]

'C A P. XC.

An Act for providing Relief for the Wives and Families of the Militia Men in Scotland, when called into actual Service. [10th June 1809.]

W

HEREAS an A&t paffed in the Forty-third Year of the Reign of his prefent Majefty, intituled, An A& for providing Relief for the Families of Militia Men in Scotland, when called int adual Service: And whereas the faid Act requiring to be amended, it is expedient to repeal the fame, in order that the whole Provifions for fuch Relief may be confolidated in one Act; may it therefore pleafe Your Majefty that it may be enacted;' And be it enacted by the King's molt excellent Majetty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Farliament affeinbled, and by the Authority of the fame, That after the Expiration of Two Calendar Months after the paffing hereof, the faid Act shall be and the fame is hereby repealed (excepting in fo far as the fame relates to the Qualification and Appointment of Deputy-Lieutenants for the Counties of Bute and Sutherland; and allo excepting in fo far as it prevents a Subftiture from being received for any ballotted Man in the Militia of Scotland, which Substitute fhall have more than Two lawful Children at the Bute and Suth- Time he fhall be produced to be enrolled); and from and after the as to Subftitutes Expiration of fuch Two Months, wherever the faid recited A&t fhall not having more have been referred to in any Act or Acts of Parliament, this Act fhall

43 G. 3. c. 99.

recited and re

pealed: Except § 22. respecting the Qualification and Appoint

ment of Deputy

Lieutenants for

erland, and 21.

than two Chil

be

dren.

be deemed and taken to be the Act fo referred to, in the fame Manner as if this Act had been therein referred to.

Families of

Militia Men in
Scotland called

out into actual
Service, fhall

11. And be it enacted, That if any Perfon ferving or enrolled in the Militia of Scotland as a Non-commiffioned Officer or Drommer, or as a ballotted Man or Subtitute, hired Man or Volunteer refp. &tively, fhall, when embodied and called out into actual Service, leave a Family unable to fupport themselves, the Family of every fuck Non-commif- receive a weekly fioned Officer, Drummer, ballotted Man. Subftitute, hired Man, or Allowance. Volunteer refpectively, fhall receive in the Manner herein-after directed a weekly Allowance, by the following Rule; that is to fa, a Sum not exceeding the ufual and ordinary Price of one Day's Labour in Hufbandry within the County, Stewartry, Divifion, District, Parish, or Place where fuch Family fhall dwell, nor lefs than One Shilling for each and every Child born in Wedlock, and under the Are of Ten Years; and for the Wife of fuch Non-commissioned Officer, Drummer, ballotted Man, Subftitute, hired Man, or Volun teer, whether he fhall or fhall not have any Child or Children, a Sum not exceeding the Price of one Day's fuch Labour, nor less than One Shilling.

III. And be it further enacted, That it shall be lawful for the Juftices of the Peace of any County or Stewartry, in Scotland. raifing any Militia, affembled in Quarter Seffions, either upon the Day on which the Michaelmas Head Court is held, or on the Day on which the Commiffioners of Supply meet to affefs the Land Tax, and they are hereby directed to fettle, afcertain, and regulate the Rate of Allowance to be paid under this Act to the Families of Militia Men refident within fuch County, Stewartry, D vifion, or Place, and every fuch Rate of Allowance fo fettled, ascertained, and regulated as aforefaid, shall be binding upon all Juftices of the Peace making any Order for the Payment of Allowances under this Act in fuch County, Stewartry, Divifion, or Place, until another or new Rate of Allowance fhall be fettled by them as aforefaid.

"Former Rate of Allowance continued till new Rate made. § 4.

Rate of Allow-,

ance fhall be

fixed by Justices at Michaelmas Quarter Sellions,

V. Provided always, and be it further enacted, That no Allowance Allowance fhall fhall be ordered or paid under this Act to the Wife or Children not be made unti of any Perfon ferving in the Militia, until fuch Perfon fhall have Militia Man fhall joined the Regiment, Battalion, or Corps to which he belongs, or for have joined his any longer Period than fuch Perfon fhall continue to ferve and remain Corps. embodied in actual Service; nor in any Cafe in which the Wife in respect of or by whom any fuch Relief is demanded fhall be in the fame Parish or Flace wherein the Regiment, Battalion, or Corps in which her Hufband fhall ferve fhall be for the Time, or fhall leave her Child or Children (if any) or depart from her Home or Place of Refidence specified in the Declaration herein-after mentioned, unless under Certificate of any neighbouring Jultice of the Peace, or the Minister and One or more Members of the Kirk Seffion of the Parish in which fuch Relief fhall be given, authorizing fuch Departure for a Time specified therein, not exceeding Ten Weeks, for the Purposes of Harveft, or obtaining 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 paffing of this Act, no Aliowance under this A&t fhall be any Subliitute, given or ordered to be given to the Family of any Subftitute, hired &c. marrying without Confent Man or Volunteer, who fhall marry after and during the Time of his of Commanding being Officer.

Commanding Officers fhall regifter Certificates of fuch Confent,

&c.

No Family to be entitled to Allow ance unless Huf

band makes a Declaration,

To remain in force only Six Months.

Declaration and
Certificate fhall

A.D. 1809, being called out into actual Service, unless fuch Marriage shall have taken place with the Confent of the Colonel or Commanding Officer of the Regiment, Battalion, or Corps to which fuch Militia Man fhall belong, and fuch Confent fhall have been certified under the Hand of fuch Colonel or other Commanding Officer previcus to fuch Marriage. VII. And be it enacted, That previous to the granting of any fuch Certificate, fuch Commanding Officer fhall fatisfy himself that every fuch Subftitute, hired Man, or Volunteer, was not previously married; and every Commanding Officer granting fuch Certificate fhall keep or caufe to be kept, a Regifter thereof, and of the Marriage, in the Manner appearing from Schedule (F.) hereunto annexed. VIII. Provided always, and be it further enacted, That no Wife, Child or Children of any Militia Man fhall be entitled to any Al lowance under this A&t, unlefs fuch Militia Man fhall make and fign a Declaration before the Commanding Officer of the Regiment to which he belongs according to the Schedule (A.) hereunto annexed, and unless fuch Commanding Officer fhall certify that fuch a Declaration has been made before him according to the Form appearing from Schedule (B.) hereunto annexed, and unless fuch Commanding Officer fhall tranfmit fuch Declaration and Certificate to the Clerk of Supply of the County or Stewartry wherein fuch Wife or Children relide, which he is hereby required to do.

IX. And be it enacted, That any fuch Declaration and Certificate shall remain in force for Six Months, and no longer.

X. And be it further enacted, That upon fuch Declaration and Certificate being tranfmitted to the Clerk of Supply of the County be tranfmitted to or Stewartry where fuch Wife or Children refide, he fhall enter the Clerk of Supply. fame in a Register to be kept of fuch Declarations and Certificates, in the Manner appearing from Schedule (G.) hereunto annexed. and fuch Clerk of Supply fhall tranfmit every fuch Declaration and Certificate within Six Days after he fhall have received the fame to the Minifter of the Parish wherein fuch Wife or Children refide; and any Clerk of Supply receiving any fuch Declaration and Certificate, and failing or neglecting to regifter and tranfmit the fame in the Manner herein directed, fhall forfeit and pay a Sum not exceeding Five Pounds for each Default, to be recovered with Expences or Cofts of Suit, by a fummary Complaint to be made to the Sheriff or Stewart-Depute of the County or Stewartry by any Perfon or Perfons, One Half of which Penalty to be applied to the Ufe of His Majefty, His Heirs and Succeffors, and the other Half to be paid to the Perfon or Perfons fuing for the fame.

Minifter and Kirk Seffion fhall inquire into State of the Family, and thereupon grant Cer

tificate.

XI. And be it further enacted, That the Minifter upon receiving fuch Declaration and Certificate, fhall lay the fame before the Kirk Seffion, and the faid Minifter and Kirk Seffion fhall inquire into the Situation of the Family, and if upon fuch Inquiry it fhall appear that they are unable to maintain themfelves, fuch Minifter and Kirk Seffion fhall thereupon fign a Certificate in the Terms appearing from the Schedule (C.) hereunto annexed, and fhall tranfmit the fame to fome Commiflioner of Supply refiding within the Parish, or in the Event of no Commiffioner of Supply refiding within the Parish, to fome Heritor poffeffed of Land within the Parish to the Amount of at leaft Fifty Pounds of valued Rent, or fome Person occupying Land within the Parish, and paying Rent of not less than Fifty Pounds Sterling per Annum; and in Cities or Towns Corporate, to one of

the

the Magiftrates thereof; and if fuch Commiffioner or Heritor, or Perfon or Magistrate refpectively, fhall be fatisfied of fuch Inability, they, as well as fuch Minifter and Kirk Seffion, shall sign fuch Certificate.

Certificate shall

be renewed every Three Months.

XII. Provided always, and be it enacted, That if upon fuch Smaller Allow Inquiry it fhall appear that fuch Wife or Children may be enabled ance may be paid to maintain themselves with a smaller Allowance than the Rate hereby in certain Cafes. directed to be paid to fuch Wife or Children, fuch Minifter and Kirk Seffion are hereby authorized to afcertain and fpecify the Amount of fuch fmaller Allowance to be paid to fuch Wife or Children in fuch Certificate as aforefaid, and every smaller Allowance, fo afcertained and fpecified, fhall be paid in the fame Minner as if the full Allowance authorized by this Act were to be paid to fuch Wife or Children. XIII. And be it further enacted, That fuch Certificate fhall remain in force for Taree Months and no longer; and if at the Expiration of fuch Period the Wife or Children fhall fill be unable to fupport themselves, they shall again apply to the Minifter, who fhall again lay their Application before the Kirk Seffion, and fuch Minifter and Kirk Seffion hall again inquire into fuch Inability, and if fuch Inability fhall appear to continue, another Certificate fhall 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 fuch Application fhall be made; provided that a Return fhall not have been made in the Manner herein-after directed, of the Death, Defertion, Removal, or otherwise from the Regiment of any Militia Man, in Behalf of whofe Wife or Children any fuch Application fhall have been made.

an Order for Al

lowance.

XIV. And be it further enacted, That upon the Production of On Production of fuch Certificate to a Jultice of the Peace of the County or Stewartry Certificate, Jufwhere fuch Family relides, fuch Juftice fhall, if he be fatisfied there- tices fhall make with, make an Order in the Form appearing from Schedule (D) hereunto annexed, for the Payment of a weekly Allowance, according to the Rate which shall have been fettled by the Justices of the County or Stewartry as aforefaid, for each and every Child and the Wife named in fuch Certificate, or where a smaller Allowance fhall appear to have been ascertained, and fhall be specified in fuch Certificate, then for the Payment of fuch fmailer Allowance.

XV. And be it further enacted, That every fuch O der fhall remain in force for Three Months, and no longer.

XVI. And be it further enacted, That every fuch Certificate upon which any fuch Order fhail have been made fhail forthwith be tranfmitted by the Juftice of the Peace making the fame to the Cerk of Supply of the County, Stewartry, City or Place in which fuch Families fhali dwell, who fhall record the fame, and fhall forth with tranfmit Copies of fo many of fuch Certificates as relate to Allowances to Families of Militia Men ferving for any other County, Stewartry, City, or Place, to the Clerk of Supply of fuch other County, Stewartry, City, or Place, and shall alfo tranfmit the Originals of all Certificates tranfmitted to him by a Juftice of the Peace as aforefaid, to the Collector of the Cefs 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 fuch Certificates, to record and tranfmit Copies and the Originals thereof in the Manner herein directed, fhail forfeit and pay a Sum not exceeding Five Pounds for each Neglect, to be recovered with Expences or Colts of Suit, in the fame Manner

To be in force for Three Months. Order fhall be tranfmitted by Juftice to Clerk of Supply, who hall tranfmit it

to Collector of

Cefs.

Collector of Cefs fhall remit for Allowances to

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 Majefty, His Heirs and Succeffors, and the other Half to be paid to the Perfon or Perfons fuing for the fame.

XVII. And be it further enacted, That it fhall be lawful for fuch Collector of the Cefs, and he is hereby authorized and required to remit or pay out of fuch publick Monies as may be in his Hands, to Kirk Treasurer. the Treasurer of the Kirk Seffion of each Parish, and where there fhall be no fuch Treasurer, then to the Minister and Kirk Seffion of fuch Parish, at least once in every Month, a Sum fufficient to fatisfy and pay the Amount of the Allowances fpecified in fuch Certificates fo tranfmitted to fuch Collector; and any Collector failing or neglecting to remit fuch Sum in the Manner herein directed, fhail forfeit and pay a Sum equal to twice the Amount thereof, to be recovered with Expences or Cofts of Suit, by a fummary Complaint to be made to the Sheriff or Stewart-Depute of the County or Stewartry, by any Perfen or Perfous, One Half of which Penalty fhall be paid to the Kirk Treafurer, or to the Minister and Kirk Soffioon where there is no Kirk Treasurer, to make good the Sum' which ought to have been remitted to him or them by fuch Collector, and the other Half to be paid to the Perfon or Perfons fuing for the fame.

Treafurer of

Kirk Seffion fhall pay upon an Or

der from the Juftice, and tranímit Account to

XVIII. And be it further enacted, That the Treasurer of the Kirk Seffion or Minifter and Kirk Seffion, (as the Cafe may be,) to whom fuch Sum fhall be remitted, fhal. give a Receipt for the fame; and fuch weekly Allowances fhall be paid by the Kirk Treasurer, or the Minifter and Kirk Seffion, upon Production of the Order made Clerk of Supply. by a Juftice of the Peace as aforefaid, to the Perfons entitled to receive the fame, provided fuch Perfons are actually refiding in the Parth where fuch Allowances are demanded at the Time, but not otherwife, unless upon Permiffion for a limited Time, and upon a Certificate thereof in the Manner herein before directed, and Receipts fhall be taken from the Perfons to whom fuch Allowances fhall be paid; and the faid Kirk Treafurer, or Minifter and Kirk Seffion, shall tranfmit an Account once in every Month to the Clerk of the Commiffioners of Supply, to be by him preferved and kept, fhewing the Monics received and paid purfuant to this Act, in which the Perfons to whom the fame fhall be paid fhall be fpecially defcribed by Name, Age, Refidence, 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 Minifter and Kirk Seffion, to whom Money fhall have been remitted or paid as aforefaid, (as the Cafe may be,) who fhall refufe or delay to pay fuch weekly Allowances in the Manner herein directed, fhall forfeit and pay a Sum equal to twice the Amount of each Sum fo refufed or delayed to be paid, or who fhall fail or neglect to tranfmit an Account in the Manner hereby directed, fhall forfeit and pay a Sum not exceeding Five Pounds for each Neglect, to be recovered in a fummary Manner, with Expences or Cofts of Suit, upon Complaint made to any Juftice of the Peace of the County or Stewartry in which fuch Treafurer, Minifter, and Kirk Seffion refide, by the Perfon or Perfons to whom the fame ought to have been paid, or by the Clerk of Supply, to whom the fame ought to have been tranfmitted, One Half of which Penalty to be applied to the Ufe of His Majefty, His Heirs and Succeffors, and the other Half to be paid to the Perfon or Perfons fuing for the fame.