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Battalion, notwithstanding any Order, Direction, Matter, or Thing contained in any Commiffion or Appointment of a Governor or Governors of any County in Ireland.

XIII. And be it further enacted, That it fhall and may be lawful for His Majefty, his Heirs and Succeffors, from Time to Time as he or they fhall think fit to fignify his or their Pleasure to the Colonel or other Commanding Officer of any fuch Regiment or Battalion of Militia, to difplace all or any Officers or Officer of Militia ferving under him in fuch Regiment or Battalion; and upon fuch Signification of his or their Pleasure, the fame fhall be difplaced accordingly; and that it fhall and may be lawful for the Colonel of any fuch Regiment or Battalion to accept the Refignation of any Officer of his Regiment or Battalion, and under all Cafes of Vacancy by Refignation, Death, Removal, or otherwife, it fhall and may be lawful for fuch Colonel to appoint fuch other fit and qualified Perfons as he fhall think proper to fill up fuch Vacancy, in like Manner and under like Retrictions as he is by this Act empowered originally to appoint any Officer or Officers.

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XIV. And be it further enacted, That when any Colonel of any Regiment or Battalion of Militia fhall be abfent from the United Kingdom, all Powers which fhall from Time to Time be given by Law to fuch Colonel, whether in filling Vacancies in fuch Regiment or Battalion, or in any other Way what foever, fhall be vefted in and lawfully may be exercised by the next Officer in Command in fuch Regiment or Battalion who fhall be refiding within the United King. dom, until fuch Colonel fhall be returned to the United Kingdom, and fhall have notified his Arrival to the Officer entitled to exercise the faid Powers during his Absence; and all A&s, Matters, and Things done by fuch Officer next in Command as aforefaid, in exer cifing the Powers legally vefted in Colonels, fhall be good and valid in the Law equally as if they had been done by the Colonel himself.

XV. And be it enacted, That every Perfon to be appointed a Colonel of the faid Militia, fhall be feifed of a Real or Freehold Eftate of the Yearly Value of Two Thousand Pounds, or fhall be Heir Apparent of fome Perfon who fhall be feised of a like Eftate as aforefaid, of the Yearly Value of Three Thoufand Pounds; and every Perfon to be appointed a Lieutenant Colonel, fhall be feifed of a Real or Freehold Eftate, or fhall be poffeffed of a Term of Years whereof Fourteen Years fhall be unexpired, of the Yearly Value of One thoufand Two hundred Pounds, or shall be Heir Apparent of fome Person who fhall in like Manner be feised or poffeffed of a like Eftate as aforefaid, of the Yearly Value of One thousand eight hundred Pounds; and every Perfon to be appointed a Major, shall in like Manner be feifed or poffeffed of a like Eftate as aforefaid of the Yearly Value of Three hundred Pounds, or fhall be Heir Apparent of fome Perfon who fhall in like Manner be feifed or poffeffed of a like Eftate as aforefaid, of the Yearly Value of Six hundred Pounds; and every Perfon to be appointed a Captain, fhall in like Manner be feifed or poffeffed of a like Eftate as aforefaid, of the Yearly Value of Two hundred Pounds, or fhall be Heir Apparent of fome Person who fhall in like Manner be feised or poleffed of a like Eftate as aforefaid, of the Yearly Value of Four hundred Pounds, or fhall be a younger Son of fome Person who fhall in like Manner be seised or

poffeffed,

ap.

Qualification in the County

poffeffed, or who fhall have been at the Time of his Death in like Manner feifed or poffeffed of a like Estate as aforefaid, of the Yearly Value of Four hundred Pounds; and every Perfon to be appointed a Lieutenant, fhall in like Manner be feised or poff. ffed of a like Eftate Lieutenant. as aforefaid, of the Yearly Value of Fifty Pounds, or fhall be poffeffed of a Perfonal Eftate alone, to the Amount of Five hundred Pounds, or fhall be Son of fome Perfon who fhall be, or who fhall have been at the Time of bis or her Death, in like Manner feised o poffeffed of a like Eftate as aforefaid, of the Yearly Value of One hundred Pounds, or who fhall be, or who fhall have been at the Time of his or her Death, poff:ffed of a Perfonal Eftate alone, to the Amount of One thousand Pounds; and that every Perfon who fhall be appointed an Enfign, fhall in like Manner be feifed or poffeffed of Enfign. a like Eftate as aforefaid, of the Yearly Value of Twenty Pounds, or shail be poffeffed of a Perfonal Eftate, or feifed or poffeffed of a Real or Freehold Eitate and Perfonal Eitate together, to the Amount of Two hundred and fifty Pounds, or fhail be Son of fome Perfon who shall be, or who shall have been at his or her Death, in like Manner feifed or poffeffed of a like Estate as aforefaid, of the Yearly Value of Fifty Pounds, or who fhall be, or who at the Time of his or her Death was poffeffed of a Perfonal Eftate alone, to the Amount of Three hundred Pounds, fave and except in the Cafes herein-after Colonel's and Moiety of particularly mentioned: Provided always, that One Moiety at the Lieutenantleaft of the Qualification of the Colonel and Lieutenant-Colonel, fhall Colonel's be fituated within the County to the Militia of which he fhail be pointed Colonel or Lieutenant-Colonel. XVI. And be it enacted, That every Colonel or Commanding Qualification Officer of the Militia of the faid Cities of Dublin, Cork, and Lime- of Officers in rick refpectively, fhall be feifed or poffeffed, either in Law or Equity, for his own Ufe and Benefit, in Poffeffion of a Real or Freehold Eftate, or of a Term of Years whereof Fourteen Years fhall be unexpired, of the Yearly Value of One thoufand Pounds, or fhall be poffeffed of a Perfonal Estate alone, or feifed or poffeffed of Real and Perfonal Eftate together of the Value of Ten thoufand Pounds; and every Lieutenant-Colonel of the Militia of the faid Cities fhall in like Lieut. Col. Manner be feifed or poffeffed of a like Etate of the Yearly Value of Six hundred Pounds, or fhall be poffeff d of a Perfonal Eftate alone, or feifed and poff ffed of a Real or Freehold and Perfonal Estate together, of the Value of Five thoufand Pounds; and every Major Major. thereof fhall in like Manner be feifed or poffeffed of a like Eftate of the Yearly Value of One hundred and fifty Pounds, or fhall be poffeffed of a Perfonal Estate, or feifed and poffeffed of a Real or Freehold and Perfonal Etate together, of the Value of Three Thousand Pounds; and every Captain thereof fhall in like Manner Captain. be feifed or poffeffed of a like Etate of the Yearly Value of One hundred Pounds, or fhall be poffe ffed of a Real or Freehold and Perfonal Eftate together, of the Value of One thousand five hundred Pounds; and every Lieutenant thereof fhall in like Manner be feised or poffeffed of the like Etate of the Yearly Value of Twenty-five Pounds, or fhall be poffeffed of a Perfonal Eftate, or feifed or poffeffed of a Real or Freehold and Perfonal Eftate together, of the Value of Seven hundred and fifty Pounds; and every Enlign thereof Enfign fhall in like Manner be feifed or poffeffed of a like Etate of the Yearly Value of Ten Pounds, or fhall be poffeffed of a Perfonal Etate,

ог

Dublin, Cork,

and Limerick Cities;

Colonel

Lieutenant.

Officers fhall deliver their Qualifications to Clerk of the Peace.

Clerk of the

Peace fhall

register Quali-
fications, infert
Commiffions
in the
Gazette, &c.

Officers fhall take the Oaths.

Penalty on
unqualified
Perfons,
Colonels, &c.

Captains, &c.

or feifed and poffeffed of a Real or Freehold and Personal Estate together, of the Value of Four hundred Pounds.

XVII. And be it further enacted, That no Perfon fhall hereafter be appointed to any Commiffion in the Militia, who shall require a Qualification in refpect of Property by virtue of this A&t, until he fhall have delivered into the Clerk of the Peace of the County or City for which he fhall be appointed, or in the Abfence of the Clerk of the Peace to his Deputy, a fpecific Defcription in Writing, figned by himself, of his Qualification, ftating the County or Coun ties, Barony or Baronies, Parish or Parishes in which the Eftate or Eftates which form his Qualification is or are fituate, with the Denominations of the Lands; and the Clerk of the Peace or his Deputy fhall tranfmit to the Cuftos Rotulorum, or Senior Governor of the County, or Chief Magiftrate of the City, a Copy of fuch Defcription; and no Commiffion to be granted by virtue of this Act fhail be valid, unlefs it be declared in the Commiffion that the Officer to whom the Commiffion is given hath delivered in his Qualification as directed.

XVIII. And be it further enacted, That the Clerk of the Peace of every County or City fhall and he is hereby required from Time to Time, to enter the Qualifications tranfmitted to him according to the Directions of this Act, upon a Roll to be provided and kept for that Purpose, and to cause to be inferted in the Dublin Gazette the Dates of the Commiffions, and the Names and Rank of the Officers hereafter to be appointed, in like Manner as Commiffions in the Army are published in the War Office; and he is hereby authorized to charge the Expence of receiving and recording fuch Certificates refpectively, and of fuch Infercion in the Gazette, not exceeding the Sum of Ten Shillings for each Commiffion, to the Collector of His Majefty's Revenue of the County or District, who is hereby directed to pay the fame; and the faid Clerk of the Peace or his Deputy fhall, in the Month of January in every Year, tranfmit to the Secretary of the Lord Lieutenant, or other Chief Governor or Governors of Ireland for the Time being, a complete Account of the Qualifications fo left with him; and fuch Secretary receiving fuch Accounts, fhall caufe Copies thereof to be annually laid before both Houfes of Parlia ment; and every Commiffioned Officer fhall, at fome General Quarter Seffions of the Peace, or in One of His Majeky's Courts of Record at Dublin, within Three Months from and after the Date of their Commiflions refpectively, take fuch Oath or Oaths, and make and fign fuch Declaration or Declarations, as is, are, or fhall be required to be taken, made, and figned by the Officers of His Majesty's other Forces.

XIX. And be it further enacted, That if any Perfon fhall execute any of the Powers hereby direct.d to be executed by Colonels, Lieutenant-Colonels, or Majors, not being qualified as aforefaid, or without having delivered in fuch specific Defcription of his Qualifications as is herein-before required, fave in the Cafes herein-after particularly mentioned, or fhall omit to take the faid Oaths and make the faid Declaration within the Time hereby directed for thofe Purposes, every fuch Perfon fhall forfeit and pay the Sum of Two hundred Pounds; and if any Perfon fhall execute any of the Powers hereby directed to be executed by Captains, Lieutenants, or Ensigns, not being qualified as aforefaid, or without having delivered in fuch

fpecific

any

Sons.

Appointment of

fpecific Defcription of his Qualification as is herein-before required, or fhall omit to take the faid Oaths, and declare as before directed, every fuch Perfon fhall forfeit and pay the Sum of One hundred Pounds, One Moiety of which Penalties fhall go to the Ufe of the Perfon who fhall fue for the fame; and in every Action, Suit, or Information brought against any Perfon for acting as Colonel, Lieutenant-Colonel, Major, Captain, Lieutenant, or Enfign, not being qualified as herein-before directed, the Proof of his Qualification fhall be upon the Perfon against whom the fame fhall be brought. XX. Provided always, That nothing in this A&t contained, fhall Exceptions as to reftrain or prevent any Peer of this Realm, or Heir Apparent of Peers and their fuch Peer, from being appointed or acting as a Commiffioned Officer in the Militia, within any County or City wherein fuch Peer, or Heir Apparent of fuch Peer, fhall have fome Flace of Refidence, although he may not have the Qualification herein-before required, nor to oblige any Peer of this Realm, or Heir Apparent of such Peer, who fhall be appointed a Commiffioned Officer as aforefaid, to leave with the Clerk of the Peace for the County or City for which he fhall be appointed any Qualification in Writing as aforefaid. XXI. And be it further enacted, That every Adjutant to be appointed as aforefaid, fhall be a Perfon who shall have actually Adjutants. ferved in fome of His Majefty's Regular Furces for the Space of Three Yeare, or in the embodied Militia, for Five Years, or for fuch Time in the embodied Milicia, as together with his Service in the Regular Forces fhall in the whole make Five Years; and if fuch Adjutant fhall be appointed out of His Majefty's other Forces, he fhall during his Service in the Militia preferve his Rank in the Army in the fame Manner as if he had continued in that Service; and it fhall be lawful for the Colonel of any Regiment or Battalion of Militia to appoint the Adjutant of fuch Regiment or Battalion to the Rank of Captain by Brevet, provided fuch Adjutant has ferved Five Years as Adjutant in the Militia, or in His Majefty's other Forces, although fuch Adjutant may rot have the Qualifications required by Law for the Captains; Provided always, that no fuch Appointment to the Rank of Captain fhall be valid, unless in the Intrument granting the fame it be fpecified in what Regiment or Battalion, and whether of the Militia or of His Majesty's other Forces, fuch Adjutant hath ferved, and what was or were the Date or Dates of his Commiffion or Commiflions: Provided alfo, that no Adjutants fo appointed to the Rank of Captain fhall. by the Date of fuch Appointment as aforefaid or otherwife, be entitled to rank above or to command any Captain of a Company in the Militia.

XXII. And be it further enacted, That no Surgeon, or Affiftant Surgeon, fhall be capable of ferving in the Militia, unlefs he fhall have been certified by the Royal College of Surgeons in Dublin, London, or Edinburgh, after due Examination, to be properly qualified in like Manner as Surgeons in the Army are required to be certified; and that no Perfon who is or fhall be Surgeon of a County Hospital or Infirmary ettablished by Act of Parliament, fhall be capable of ferving in the Militia, while he continues Surgeon of fuch Hofpital or Infirmary.

Surgeons fhall

be qualified as Aray Surgeons.

XXIII. And be it further enacted, That no Perfon who at any Adjutant, Time after the Commencement of this Act fhall be appointed Ad- Pay Matter, &c. jutant, Paymafter, Surgeon, Quarter Mafter, or Affiitant Surgeon fhall not hold 49 Geo. III.

Hh

in

any other Commiffion.

Appointinent of
Serjeants, &c.

Oath of
Serjeants, &c.

Sericants Major and Drum Major.

Adjutants, &c. fhall be always fubject to the Mutiny Act.

Rates of Pay to Adjutants, &c. When Militia is not embodied.

in the faid Militia, fhall be capable of holding any Commiffion in the faid Militia, fave and except the Commiffion of Adjutant, Paymaster, Surgeon. Quarter Master, or Affiftant Surgeon refpectively; and that no Officer holding any Commiffion in the faid Militia fhall be capable of being appointed Adjutant, Paymaster, Surgeon, QuarterMafter, or Affilant Surgeon.

XXIV. And be it further enacted. That all Staff Serjeants, Serjeants, Corporals, Drummers and Fifers, fhall and may, from Time to Time, be appointed by the Colonel of the Regiment or Battalion; and that all Staff Serjeants, Serjeants, Corporals, Drummers and Filers, may be discharged by fuch Colonel from Time to Time: and that all Staff Serjeants, Serjeaute, Corporals, Drummers and Ffers, who fhall at any Time have received any Pay 23 fuch from any Regiment or Battalion, fhall be deemed to be engaged, and he compellable to ferve in fuch Regiment or Battalion, until they fhall be difcharged by the Colonel of the Regiment or Battalion to which they fhall refpectively belong.

XXV. And be it further enacted, That every Perfon who at any Time after the Commencement of this Act, fhall be appointed to be a Serjeant, Corporal, or Drummer of the faid Militia, fhall take the following Oath, that is to fay,

I A. B. do folemnly promife and fwear. That I will be faithful and bear true Allegiance to His Majefty King George, and that I will faithfully ferve in the Militia of Ireland, until I fhall be legally • difcharged.'

XXVI. And be it further enacted, That the Colonel of any Regiment or Battalion of the faid Militia, may appoint the SerjeantMajor and the Quartermaster Serjeant out of the Serjeants, and the Drum Major out of the Drummers.

XXVII. And be it further enacted, That every Adjutant, Fay. Matter, Surgeon, Serjeant Major, Quarter mafter Serjeant, Serjeant, Corporal, Drum Major, and Drummer of the faid Militia, fhall be at all Times fubje&t to any A& which fhall be in force for punishing 'Mutiny and Desertion, and for the better Payment of the Army and their Quarters, and the Articles of War, under the Command of the Colonel of the Regiment or Battalion to which he belongs.

XXVIII. And be it further enacted, That during any fuch Time as the Militià fhail not be embodied and drawn out into actual Service, the daily Pay of every fuch Adjutant, Pay Matter, and Surgeon refpectively, fhall be Six Shillings each; and the daily Pay of every Serjeant Major, Quartermafter Serjeant, Serjeant, Corporal, and Drummer refpe&t vely, when not in actual Service, but resident at the Head Quarters of the Regiment, Battalion, or Corps, fhall be as follows; that is to fay, One Shilling and Sixpence per Day for each Serjeant, with the Addition of Two Shillings and Sixpence per Week for each Serjeant Major and Quartermafter Serjeant; One Shilling and Two-pence per Day for cach Corporal; and Ose Shilling per Day for each Drummer, with the Addition of Sixpence per Day for each Drum Major; Provided always, that where any Serjeant, Corporal, or Drummer, fhall be abfent on Furlough or Licence, fuch Serjeant, Corporal, or Drummer, fhall during fuch Abfence, receive the Rates of Pay following; that is to fay, every Serjeant the Sum of One Shilling, every Corporal the Sum of Eight

pence

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