pence, and every Drummer the Sum of Sixpence per Day, and no more. XXIX. Provided always, and be it enacted, That no Perfon who fhall keep any Houfe of publick Entertainment, or who hail fell any Ale, or Wine, or Spirituous Liquors by Retail, fhall be capable of being appointed or ferving as a Serjeant, Corporal, or Drummer in the Militia, nor fhall any Serjeant, Corporal, Drummer, or Private of the Militia, while he fhall continue fuch, be compelled to serve as a Peace Officer, or a Parish Officer, or to ferve in any of His Majefty's Sea Forces. Serjeants, &c. fhall not keep Public Houses. thall not be Peace Officers, &c. Militia Men Courts Martial XXX. And be it further enacted, That it fhall be lawful for the Conlonel of any Regiment or Battalion of the faid Militia, or in his on Serjeants, &c. Abfence the Officer actaily in command of fuch Regiment or Bat- while Militia is talion, to direct the holding of Courts Martial as herein-after directed, not embodied. for the Trial of any Serjeant Major, Serjeant, Corporal, Drum Major, or Drummer of fuch Regiment or Battalion, by a Regimental Court Martial, for any Offence against this Act, or against the Articles of War, committed during the Time fuch Regiment or Battalion, shall not be embodied, but so that no Punishment thereon fhail extend to the Lofs of Life or Limb; and it fhall be lawful for the Colonel of the Regiment or Battalion to which the Perfon on whom fuch Court Martial is to be held fhall belong, to order any Officers of the Militia of the County, County of a City, or Town, or Piace to which fuch Regiment or Battalion fhall belong, actually refident within the Town where fuch Serjeant Major, Serjeant, Corporal, Drum Major, or Drummer is to be tried, or within Fifteen Miles thereof, to attend and affilt as Members of fuch Court Martial, who shall thereupon attend at the Time required, and affiit accordingly; but no Officer fhall be entitled to receive Pay for any fuch Attendance: Provided always, that no Sentence of any Court Martial held as aforefaid on any Serjeant Major, Serjeant, Corporal, Drum Major, and Drummer, fhall be put in Execution until it fhail have been confirmed by fuch Colonel or Commanding Officer. XXXI. And be it further enacted, That any Serjeant, Cor- Serjeants, &c. poral, or Drummer of the Militia, may, by Sentence of a Court may be reduced Martial, or by Order of the Colonel of the Regiment, be reduced to the Ranks. to the Condition of a Private Militia Man, and fuch Perfon fo reduced fhall be bound to ferve as fuch Private Militia Man, for any Time not exceeding Fifteen Months, in cafe the Regiment or Battalion to which he belongs fhall not be then embodied or called out in actual Service; and in cafe the Regiment or Battalion to which he belongs fhall be then embodied or called out into actual Service, fuch Perfon fo ordered hali be bound to ferve as aforefaid until the difembodying of the faid Regiment or Battalion; and that after the Expiration of the Time during which fuch Serjeant, Corporal, or Drummer fhall be fo bound to ferve as a Private Man, fuch Serjeant, Corporal, or Drummer, if not regularly re-appointed to the Rank of a Non-commiffioned Officer or Drummer, fhall be difcharged from the Service. XXXII. And be it further enacted, That no Officer ferving in Militia Officers the Militia of Ireland fhall fit in any Court Martial upon the Trial fhall not fit on of any Officer, Non-commiflioned Officer or Soldier ferving in any Court Martial of His Majefty's other Forces, nor fhall any Officer ferving in His of Regulars, &c. Majefty's other Forces fit in any Court Martial upon the Trial of any Officer, Non-commiflioned Officer, or Private Man ferving in the Hh2 faid Militia Commiffion vacated by accepting one in the Regulars. Militia Commiffion fhall not vacate Seat in Parliament. Officers ferving in Militia fhall not forfeit Halfpay. Half-pay Officer's Oath. Penfioners ferving in Militia fhall receive the Allowance. Serjeants, Corporals, and Drummers Twenty Years in the Militia, and difcharged for Age or Infirmity, on being recommended as herein may be placed on Kilmainham Penfion. Pention paid under 35 G. 3. c. 8. declared valid. Chelfea Penfioner entering Ino Militia fhall be entitled to Kilmainham Penton. faid Militia: Provided always, that any Colonel or Officer ferving in the faid Militia, and at the fame Time holding a Commiffion in any other of His Majefty's Forces, on the Half-pay thereof, may fit upon any Court Martial upon the Trial of any Officer, Non-commiffioned Officer, or Private, in His Majelly's other Forces; any Thing herein-before contained to the contrary notwithstanding. XXXIII. And be it further enacted, That the Acceptance by any Officer of the faid Militia, except the Colonel, of any Commiffion in any of his Majefy's Regular Forces, fhall, from the Date of fuch Commiffion fo accepted, abfolutely vacate any Commiffion fuch Officer may hold in the Militia of Ireland. XXXIV. And be it further enacted, That the Acceptance of any Commiffion in any Regiment or Battalion of the faid Militia, fhall not nor fhall be conftrued to vacate the Seat of any Member returned to serve in Parliament. XXXV. And be it further enacted, That no Officer who is or fhall be entitled to Half-pay, fhall be deemed or taken to forfeit or quit fuch Half pay, during the Time he fhall ferve in any Regiment or Battalion of Militia, but that the fame fhall nevertheless continue; and inftead of the Oath directed by any Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters, to be taken by fuch Officer, he fhall take the following Oath; A. B. do fwear, That I had not between the I any Place or Employment of Proft, Civil or Military, under His Majefty, befides my Allowance of Half-Pay, as reduced late Regiment of fave and except my Pay for ferving in a Regiment of Militia.' And the taking of the faid Oath fhall, without taking any other Oath, be fufficient to entitle fuch Perfon to receive his Half-pay. XXXVI. And be it further enacted, That any Perfon being a Serjeant. Letterman or other Penfioner, on the Eftablishment of Kilmainham or Chelsea Hofpitals, at the Allowance of fuch Hofpitals or either of them, and being appointed to ferve in the Militia, fhall and may receive the faid Hofpital Allowance, together with his Pay from the faid Militia; and any Perfon who fhall have faithfully ferved as a Serjeant, or as a Corporal or Drummer in the faid Militia for Twenty Years, and who fhail be discharged on account of Age or Infirmity, fhall on the Recommendation of the Commanding Officer of the Regiment or Battalion to which he belonge, be entitled to Examination at the Kilmainham Board, and be capable to be placed on the Penfion of fuch Hofpital, if the faid Board fhould judge him deferving thereof: Provided always, that all Payments of any Penfion which at any Time after the paffing of an A&t of the Thirty-fifth Year of His prefent Majelty's Reign, herein-before recited and repealed, and before the paffing of this Act, fhall have been made to any Serjeants, Lettermen or other Perfioners, fhall be and the fame are hereby declared to be good and valid to all Intents and Purpoles whatsoever; and that all fuch Serjeants, Lettermen and other Penfioners, as at the Time of the pafling of this A are in the Receipt of any fuch Penfions fhall continue in the Receipt of the fame as heretofore; and that any Serjeant, Letterman or other Penfioner on the Establishment of Chelsea Hofpital, who at any Time after the paffing of this Act fhall voluntarily enter into the Militia of Ireland, Ireland, fhall be placed on the Eftablishment of the Royal Hospital of Kilmainham from the Day of his having entered into fuch Militia, and fhall from fuch Day and during his Continuance in the faid Militia, receive fuch Penfion, and no more, as a Penfioner of the like Clafs on the Eftablishment of Kilmainham Hofpital fhall be entitled to receive, as if he had been originally on that Eftablishment, and not on the Establishment of Chelfea. XXXVII. And be it further enacted, That all Mufkets, Bayonets, Arms shall be Swords, Stores, and Accoutrements, delivered for the Service of the marked. faid Militia, fhall be marked in fome diftinct Piace with the Letter (M) and the Name of the County to which they belong. One-third of Non-commiffioned Officers thall refide XXXVIII. And be it further enacted, That the Arms, Accou- Adjutant and trements, Clothing, and other Stores, belonging to every Regiment or Battalion of the faid Militia, when not embodied, fhall be kept in fuch convenient Piace within the County, County of a City, or Town, to which fuch Regiment or Battalion fhall belong, as the Colonel or other Commandant of fuch Regiment or Battalion fhall direct, with the Approbation of the Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being; and that the Adjutant, and One Third at leaft in Number of the Serjeants, Corporals, and Drummers, in every Regiment or Battalion of the faid Militia, fhall be constantly refident within the City, Town, or Place, where the Arms belonging to fuch Regiment or Battalion are fo kept, and fuch Serjeants, Corporals, and Drummers, fhall be under the Command of the Adjutant, who fhall act in fuch Command under the Orders of the Colonel or other Commanding Officer of fuch Regiment or Battalion; and that the Adjutant, and in the Abfence of the Adjutant, the Serjeant-M-jor, fhall have free Access to the Arms, Accoutrements, Clothing, and other Stores as aforefaid, and fhall caufe the fame to be examined, cleaned and preferved by the faid Serjeants, Corporals, and Drummers from Time to Time, as the fame fhall be neceffary, and fhall make a Monthly Return of the true State of the Serjeants, Corporals, and Drummers, and of the faid Arms, Accoutrements, Clothing, and other Stores, of the Regiment or Battalion refpectively, to the Governor or Governora of the County, and to the Commanding Officer of the faid Regi ment or Battalion; and in cafe of any Default and Neglect therein, fuch Adjutant or Serjeant-Major fhall for every fuch Offence, Neglect, or Default, be fubject to fuch Punishment as a Court Martial fhall adjudge; and no fuch Serjeant, Corporal, or Drummer, fhall be abfent from fuch City, Town, or Piace, without a regular Furlough from the Adjutant, or in his Abfence from the Serjeant Major; and every fuch Serjeant, Corporal. and Drummer, who fhall ablent himself without fuch Furlough, fhall be liable to be apprehended as a Deferter; and fuch Adjutant fhall never abfent himself from fuch City, Town, or Place, without Leave of the Colonel or other Commanding Officer of fuch Regiment or Battalion: Provided nevertheless, that whenever fuch Adjutant shall be abfent with fuch Leave as aforefaid, then fuch Serjeants, Corporals, and Drummers, fhall be under the Command of the Serjeant-Major, or of fome Serjeant who fhall be appointed by the faid Adjutant, with the Approbation of the faid Colonel or other Commanding Officer, to act as Serjeant-Major during the Abfence of such Adjutant. Hh3 XXXIX. Militia fhall be called out in their Counties, 28 Days for annual Exercife when not embodied. Notice of Time and Place of Exercifing fhall be sent by Clerk of Gene ral Meeting to Chief Conflable of Barony, and by him to Conftables of Parishes. Subdivifion Clerks fhall fend Lifts of Perfons enrolled to Colonels, &c. Penalty on not appearing, XXXIX. And be it further enacted, That when the faid Militia fhall not be drawn out into actual Service, the feveral Regiments and Battalions thereof fhall, unlefs the Lord Lieutenant or other Chief Governor or Governors of Ireland, for the Time being, shall order the contrary, be refpe&tively trained and exercised in their refpective Counties Once in every Year, for Twenty-eight Days together, in the Manner herein-after directed, at fuch Time and Place as fhall be the leaft inconvenient to the Publick; fuch Time and Place to be appointed by the Governor, or where there are more Governors than One of any County, then by the Governors of each County refpectively, at a General Meeting to be holden at their ufual Place of Meeting refpectively within fuch County, upon the Tuesday that fhall happen next before the Twenty-fourth Day of October in every Year, or at fuch other Place therein, and at such Time as fhall be appointed by fuch Governor or Governors, or in Default of any fuch Meeting or Appointment, then at fuch Time and Place as fhall be appointed by Three or more Deputy Governors of fuch County; and during fuch Time as the feveral Regiments or Battalions of the faid Militia fhail be affembled refpectively for the Purpose of being trained and exercifed, all the Claufes, Provifiona, Matters, and Things, contained in any Act of Parliament which shall be then in force for the punishing Mutiny and Defertion, fhall be in force with refpe&t to the faid Militia, and all the Officers and private Men of the fame, in all Cafes whatsoever, but fo that no Punishment fhall extend to Lofs of Life or Limb. XL. And be it further enacted, That Notice of the Time and Place of the Exercife of the Militia Men of each Parish shall be sent by the Clerk of the General Meetings to the Chief or High Conftable or other Officers of the feveral Baronies or other Divifions, with Directions to forward the fame to the Constables or other Officers within their respective Baronies or other Divifions; which Conftables or other Officers fhall caufe fuch Notice as aforefaid to be affixed on the Outfide of the Doors of the Church belonging to their respective Parishes or Piaces; or if any Place has no Church belonging thereto, on the Outfide of the Doors of the Church of fome adjoining Parish or Place; and all fuch Militia Men fhall duly attend at the Time and Place of Exercife according to fuch Notice. XLI. And be it further enacted, That the Clerks of the feveral Subdivifion Meetings in every County, thall, Ten Days at least before the Time fo appointed for the annual Exercife, caufe a full and true Lift, fpecifying the Names and Dates of the Eurolment of all the Perfons rolled within each Subdivifion refpectively, to ferve in fuch Regiment or Battalion, to be tranfmitted to the Commanding Officer of fuch Regiment or Battalion, or to fuch Perfon as fhall be appointed by fuch Commanding Officer to receive the fame, and fhall in like Manner caufe a Duplicate of fuch Lift to be tranfmitted to the Adjutant of fuch Regiment or Battalion. XLII. And be it further enacted, That every Militia Man not labouring under any Infirmity incapacitating him, who fhall not appear at the Time and Place appointed for annual Exercife according to the Directions of this Act, Notice having been published as this Act requires, fhall be deemed a Deferter, and if not taken until after the Time of fuch Exercise fhall forfeit and pay the Sum of Ten Pounds and and alfo every Militia Man, who, having joined the Regiment or Battalion to which he belongs, fhall defert or abfent himself during the Time of annual Exercife, and fhall not be taken till after the Time of fuch Exercife, fhall forfeit and pay the Sum of Ten Pounds; and if in either Cafe fuch Penalty fhall not be immediately paid, the Juftice of the Peace before whom any fuch Militia Man fhall be convicted of any fuch Offence shall commit fuch Militia Man to the Common Gaol, there to remain without Bail or Mainprize for the Space of Six Months, or until he fhall have paid the Peralty. XLIII. And be it further enacted, That if any Perfon fhall har- Penalty on bour, conceal, or affift any fuch Deferter, knowing him to be fuch, harbouring the Perfon fo offending fall forfeit for every fuch Offence a Sum Deferters, 31. not exceeding Twenty Pound and not lefs than Five Pounds. XLIV. And be it further enacted, That in cafe any Militia Man Penalty on fhall fell, pawn, or lose any of his Arms, Clothes, or Accoutrements, felling Arms, or neglect or refufe to return the fame in good Order to his Cap. 51. tain, or to the Perfon appointed to receive the fame, every fuch Mi litia Man fhall for every fuch Offence, forfeit and pay a Sum not exceeding Five Pounds. XLV. And be it further enacted, That if any Perfon fhall know- Penalty on ingly and willingly buy, take in Exchange, conceal, or otherwife buying Arms, receive any Arms, Clothes, Stores, or Accoutrements belonging 51. to any Militia Man, upon any Account or Pretence whatsoever, contrary to the true Intent and Meaning of this Act, the Perfon fo offending, upon Conviction thereof before any Juftice of the Peace, fhall forfeit and pay for every fuch Offence the Sum of Five Pounds; and if fuch Offender fhall not immediately pay fuch Penalty, and fhall not have fufficient Goods and Chattels whereon to levy fuch Penalty, the Juttice before whom he fhall be convicted fhall commit him to the Common Gaol, there to remain without Bail or Mainprize for the Space of Three Months, or fhall caufe fuch Offender to be publickly whipped, at the Diferetion of fuch Juftice. Secretary the XLVI. And be it further enacted, That the Colonel or other Colonel fhall Commanding Officer of every Regiment or Battalion of the faid return to Chief Militia fhall and he is hereby required, as often as the Regiment or Battalion fhall be fo called out to annual Exercife, to return to the Chief Secretary of the Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being, a true State of fuch Regiment or Battalion; and in cafe any fuch Colonel or Commanding Officer fhall refufe or negle&t for One Month after the faid annual Exercife fo to do, he shall for every fuch Offence forfeit and pay the Sum of One hundred Pounds. XLVII. And be it further enacted, That when any Regiment or Militia Men Battalion of Militia fhall be affembled for the Purpofe of being trained when affembled and exercifed, it shall be lawful for the Captain or Commanding for training may Officer of every Company, to put the Militia Men of his Company Stoppages for be put under under Stoppages not exceeding Sixpence per Day, for the Purpofe Neceflaries. of providing them with Linen, and alfo with Stockings and other Neceflaries, and for defraying the Expence of repairing any Arms which shall have been broken or damaged by any fuch Militia Man's Neglect: Provided always, that every fuch Captain or Commanding Officer fhall account with each Militia Man for fuch Stoppage, and a ter deducting what fhall have been laid out and paid for Neceffaries, an1 for repairing the Arms as aforefaid, fhall pay the Sum remaining Hb 4 (if |