Page images
PDF
EPUB

(if any there shall be) into the Hands of the Militia Man to whom. the same belongs, before such Militia Man Mall be dismissed from such

Training and Exercise. Billeting Militia

XLVIII. And be it further enacted, That it shall be lawful for when called out all Mayors, Sovereigoa, Bailiffs, Burgomasters, Seneschals, Con. to Exercise, and ftables, and the Chief and other Magistrates and Officers of Cities, Serjeants, Towns, Parishes and Places, and (in their Default or Absence) for Corporals, &c.

any Justice of the Peace inhabiting within or near any such City, Town, Parish or Place, and they and he are and is hereby required to quarter and billet the Officers, Non-commissioned Officers, and Private Men serving in the said Militia, at the Times when they fall be called out to any Exercise, as by Law they may billet His Majesty's other Military Forces; and when the said Militia is not called out for Exercise, or embodied, all Mayors, and other Chief and other Magiftrates, and Officers aforesaid, or (in their Default or Absence) any One Justice of the Peace as aforesaid, may, and they and he are and js hereby required to billet as aforesaid ail Serjeants, Corporals, and

Drummers of the Militia. Providing

XLIX. And be it further enacted, That when the said Militia Carriages, &c. shall be called out to be trained and exercised, any Justice of the

Peace of any County, (being thereunto required by an Order from the Governor or Governors, or any of them, or from any Deputy Gover. nors of such County, or from the Colonel or other Commanding Officer of the Regiment or Battalion of Militia of such County, or. any Detachment thereof, being within such County) shall issue hiç Warrant to the Chief or High Constables of Baronies, or to Con. ftables or other Officers of the several Parishes or Places from, through, or near to which any such Regiment, Battalion, or De. tachment of Militia shall be ordered to march, requiring them to provide such sufficient Horses and Carriages to convey the Arms, Clothes, Accoutrements, and Store3, with able Men to drive the said Horses and Carriages, as shall be mentioned in such Order ; 2nd in case such sufficient Horses, Carriages, and Men cannot be provided within

such County, Barony, Parish, or Place, then any Juftice of the Peace for the same or any adjaining County shall, upon such Order as aforesaid being thewn unto him, illue his Warrant to the Chief or High Constable or Constablez, or other such Officers of any

Barony or Place within the same County or within such adjoining County or Place, for the Purposes aforesaid, to make up such Debciency of Horses, Carriages, an? Men; and such Gover: or, Deputy Governor, or Colonel, or other Commanding Officer requiring such Carriages and Men to be provided as aforesaid, shall, at the fame Time, pay to

every such Chief or High Conftable or other Officer, for the Use of the Perlon or Persons who shall provide Rates for such Carriages and Men, such respeciive Rates and Sums as shall be Carriages. payable for Carriages and Men in bike Cafes. under any Act which

Thall be in force for the Punishineet of Mutiny and Desertior, and the better Payment of the Army and their Quarters, for which re. {pective Sums every Chief or High Constable or other Officer receiving the same, is hereby required to give a Receipt to the Person paying the fame; and every such Chief or High Constable, Comitables, or other Officers, thall order and appoint such Person or Persons having Horses and Carriages within their respective Baronies or Places as they all think proper, to provide and furnish such

7

Horses,

any

Horses, Carriages, and Men, according to the Warrant aforesaid ; and every Person fo ordered is hereby required to provide and furnish the same accordingly for One Day's Journey, and no more.

L. And be it further enacted, That if any Militia Man shall not Apprehension of join the Regiment or Battalion to which he belongs at the Time of Deferters from aanual Exercise, and shall not be apprehended before the Expira. annual Exercise. tion of the Time appointed for such Exercise ; and if the Commanding Officer or Adjutant of such Regiment or Battalion, or the Commanding Officer of the Company to which such Offender belongs, shail receive Information of the place where he shall be or reside, any such Commanding Officer or Adjutant may, by Writing under his Hand, describe the Person of such Offender, and also certify that he did not join the Regiment or Battalion at the Time of annual Exercise, or that he deserted during the Time of annual Exercise (as the Case may be) and send the fame by a Serjeant, Corporal, or Drummer of such Regiment or Battalion, to the Adjutant or Serjeant Major of the Regiment or Battalion in the County wherein such Offender is supposed to be or relide ; and the Adjutant or Serjeant Major to whom such Certificate shall be sent, fha!I dire&t a Party of the Serjeants, Corporals, or Drummers of the Regiment or Battalion to which he belongs, to assist in apprehending such Offender, and conveying him before a Justice of the Peace of the County wherein such Offender sha!) be apprehended; and if by his Confeffion, or the Teltimony of any Witoefs or Witneflcs upon Oath, or the Koowledge of such Juftice, it fhail appear or be found that such Person is guilty of such Offence, such Adjutant or Serjeant Major shall order a Party of the Serjeants, Corporals, or Drummers, under his Command, to convey such Offender to che Head Quarters of the Regiment or Battalion of Militia of the next County, in the Way to the County to which such Offender belongs, and deliver him into the Custody of the Adjutant or Serjeant Major of such Regiment or Battalion, who fhill cause him to be conveyed in like Manner to the Adjutant or Serjeant Major of the Regiment or Battalion of Militia of the next County, and so in like Manner until such Offender shall be delivered into the Custody of the Adjutant or Serjeant Major of the Regiment or Battalion to which be belongs, who shall take him before a Juttice of the Peace, to be dealt with as hereio directed in Cases of Militia Men defertiog or absentiag themselves from their Duty.

LI. And be it further enacted, If any Serjeant, Corporal, or Apprehenfion of Drummer, shall desert from the Regiment or Battalion to which he Serjeants, &c. belongs, it shall be lawful for any Constable or other Officer of the being Desertera Town or Place where any Person, who may be reasonably suspected to be such Deserter, shall be found, to cause such Person to be apprebended, and taken before any Justice of the Peace, being in and near to such Town and Place, who is hereby empowered to examine fuch suípicted Person : and if by his Confeßion, or the Testimony of any Witness or Win-8-s upon Outh, or by the Knowledge of such Justice, it shall appear or be four.d that such suspect:d Pirloa is such Deserter, such justice fhail forth with cause bim to be conveyed to the Common G:ol of the County or Place where he shall be found, or to the House of Corre&ion, or other publick Prison in the Town or Place in or acar to which such Deferter shall be apprehended, there

to remain until he shall be demanded by some Person or Persons avthorized to receive him, as by this Act is directed, and shall trans, mit an Account thereof to the Clerk of the General Meeting of the County to which foch Deferter belongs, and the Keeper of such Gaji or H use of Correction Thall receive the full Sublistence of such Deserter, for the Maintenance of such Dcferter during the Time he fhall continue in his Cuttody, but shall not be entitled to any Fec or Reward on account of his Imprisonment; and such Clerk of the General Meetings receiving fuch Account, shall immediately trans. mit a Copy thereof to the Colonel or other Commanding Officer of the Regiment or Battalion of the County, and also to the Adjutant or other Onicer commandin, the Serjeants, Corporals, and Drumim.rs of such Regiment or Battalion ; and where there are more Regiments or Battalions shan one, such Clerk Mall send such Copy to all the Colonels or other Commanding Osicers of Regiments or Battalions, and also to all the Adjutants or Officers commanding Surjeants, Corporals, and Drummers, within his County; and the Colonel or Commanding Officer of the Regimeni or Battalion to which such Deferier Thall be found to belong, or the Adjutant or Officer com. manding the Sorjeanis, Corporais, and Druminers of suchi Regimeat or Battalion, thali and he is hereby required, immediately on receiving fuch Copy as aforefald. to ferd from among the Serjeants, Corporals, or Drummers of the Rugiment or Battalion under his Command, a fefficient Person or Nurbe: of Perfons to the Place where such De. ferier shall be confined ; and shall also send by fuch Scrjeant, Cor. poral or Drurm.r, or the Serjeant commanding the fait Party of Serjeants, Corporals or Drummers, an Order under his Hand and Seal to the Keeper of the said Gaol, House of Corre&tion or Prifon, requiring him to deliver such Doferter to the Perion or Persons therein named, which he is hereby required to do; and the Serj-ant, Corporal or Drummer to whom such Deserter hall be to ordered to be deli. vered, in case One only Mall be sent on such Duty, shall apply to the Adjutant or Serjeant Major of the Regiment or Battalion of the County where such Deserter (hail be so confined as aforelaid, ard fuch Adjutant or Serjeant Major Shall order a fufficient Party of the Serjeante, Corporals, or Drummers under his Command to aslift in couveying fuch Deserter, and he shall be conveyed to the Adjutant or Serjeant Major of the Regiment or Battalion to which he belongs, in the same Manner as before directed, with respect to the conveying of private Militia Men to the Adjutant or Serjeant Major of the Regiment or Battalion to which they shall belong; and such Adjutant or Serjeant Major shall take such Deserter before a Justice of the Peace of the County to which he belongs, who shall forthwith cause bim to be conveyed to the Common Gaol or House of Correction, or other publick Prison of such County, where he shall remain without Bail or Mainprize, until the Regiment or Battalion to which he belongs shall be embodied for annual Exercise, or for a&ual Service, which fhall first happen; and the Colonel or other Commanding Officer of such Regiment or Battalion shall then issue an Order under his Hand and Seal to the Keeper of the Gaol, House of Correction, or Prison where such Deserter Thail be confined, requiring him to deliver such Deserter to the Person or Persons therein named, which he is required to do; and such Colonel and other Commanding Officer is hereby empowered and required to summon and hold a Court Martial for the

Trial of such Deserter, in such Manner and with the same Power and Authority, as shall be given and directed by any Act of Parliament which shail then be in force for punishing Mutiny and Desertion, and for the better Payment of the Army and their Qirarters ; and if upon any such Trial such Deserter shall be found guilty, it shall be lawful to punish such Deserter in such Manner as such Court Martial fall in their Discretion think fit, according to the Powers and Provisions of fuch Act, and of the Articles of War, but so that no such Punish, ment shall extend to the Loss of Lite or Limb,

LII. And be it further enacted, That all Gaolers and Keepers of Penalty on Prisons Mali, if required fo to do by any Serjeant, Corporal, or Drum. Gaulers refufing mer employed in conveying any Offender or Deserter as aforesaid to to receive the Regiment or Battalion to which he belongs, receive into their Deserters, 51. Custody, and confine such Offeoder for such Time as they shall be respectively so required as aforesaid, not exceeding Twenty-four Hours ; and any Gaoler and Keeper of any Prison who shall refuse so to do, Thall forfcit the Sum of Five Pounds.

LIII. And be it further enacted, That all Serjeants, Corporals, Billeting and Drummers, while they are employed in executing such Duty as Sericants

, Sven aforesaid in the apprehending and conveying Deserters, shall be bil- conveying letted in like Manner as Serjeants, Corporals, or Drummers belonging

Deserters. to His Majefty's other Forces employed in apprehending and conveying Dclerters are to be billetted.

LIV. And be it further ena&ed, That in case any Militia Man When a Militia hall, on his March, or at any Place where he shall be called out to Mau Thall be annual Exercise, be disabled by Sickness or otherwise, it shall be law. disabled by ful for any One Juftice of the Peace of the County or Place, or any Justice, &c. may Mayor or Chief Magistrate of any Ciry, Town, or Piace, where orcier huim Relief such Man shall then be, by Warrant under his Hand and Seal, to order him such Relief as such Justice, Mayor, or Chief Magistrate thall think realonable; and the same shall be given by the Colle&tor of His Majesty's Excise of the Place where such Militia Man shall then be; and the Collector giving sạch Relief thall, upon producing an Account of the Expences thereof, be allowed the same in his Accounts, such Account being first allowed under the Hands of Two Justices of the Peace.

LV. And be it further enacted, That in all Cases of a&ual In- In case of yalion, Rebellion, or Insurrection, or upon immediate Danger thereof, Invasion, to be fignified by Proclamation from the Lord Lieutenant or other Rebellion, &c. Chief Governor or Governors of Ireland for the Time being, it shall Militia shell bo be lawful for the Lord Lirutenant or other Chief Governor or Governors of Ireland for the Time being, to order and dirc&t that the Muitia of the said several Counties hercin-before appointed to be raised and trained, or such Parts of them as the Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being shall in his or their Wisdom judge necessary, shall be drawn out and embodied, and that in such Manner as shall be best adapted to the Circumstances of the Danger, and to put the said Forces under the Command of such General Officers as the said Lord Lieutenant or other Chief Governor or Governors of Ireland, for the Time being, shall be pleased to appoint, and to direet the said Forces by their respe&tive Officers into any Parts of Ireland, for the repelling and Prevention of any such Invafion, and for the Suppression of any Rebellion or Insurrection therein; and the Officers, Non-commiffioned Officers,

Drommers,

Drummers, and Private Men, of the several Regiments and Battaliors of the faid Militia, shall, from the Time of their being drawn out and embodied as aforesaid!, and until they shall be returned again to their respective Parishes or Places of Abode, remain under the Command of fuch General Officers ; and during such Time as aforesaid, all the Provisions contained in any Act of Parliament which shall then be in force for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters, shall be in force with respect to the said Militia, and shall extend to all the Officers, Non commissioned Officers, Drummers, and Private Men of the said Militia, in all Cases

whatever. Gorernors of LVI. And be it further enacted, That the Governor or GoverCounties shall

nors of every County in Ireland, or any of them, or on the Death or ifiee Orders to

Removal of such Governor or Governors, or during his or their AbChief Conftables, and they to

sence frcm !he County, any Three or more Deputy Governors to Conftables, to whom any such Order from the Lord Lieutenant or other Chief Gogire Notice to vernor or Governors of Ireland for the Time being, for embodying Militia Men to the Militia as aforesaid, Mall be directed, thall issue bris or their Order allemblies

to the Chief or High Conflables or orber Officers of the several Baronies or other Divisions within their respective Counties, with Direčtions to forward the fame immediately to the Constables or other Officers of the several Parishes and Places within their respec. tive Baronies; and such Conitables and other Officers are hereby required, upon Receipt thereof, forthwith to cause Notice in Writing to be given to the several Militia Men, or left at their several Places of

Abode within tbeir respective Parishes or Places, to attend at the Militia Med not

Tiine and Place mentioned in such Order; and if any Militia Man so attending shall ordered to be drawn out and embodied as aforesaid (not labouring be Deferters. as under any Infirmity incapacitating him fioin serving as a Militia Man) under Mutiny thall not app:ar and march in pursuance of such Order, every fucii Act; Penalty on harbouring

Militia Man shall be liable to be appre headed and punished as a Defuch, sl. serter, according to the Provisions of any Acts which shall be then

in force for punishing Mutiny and Desertion; and if any Person shall harbour or conccal any such Militia Man when ordered out into actual Service, knowing him to be a Milutia Man, every such Person shall for

every such Offence forfeit and pay the Sum of Five Pounds. Militia when

LVII. And be it further enacted, That from the Date of the War. called out, shall

rant of the Lord Lieutenant or other Chicf Governor or Governors have Pay of Regulars (except

of Ireland for the Time being, for drawing the Militia o!it into as under actual Service, the Officers, Non commiffioned Officers, and Private 46 6.3.c.140.) Men of the Militia shall be cotitled to the same Pay as the Officers

and Private Men of His Majesty's other Regimenis of Fool receive, and no other; subject nevertheless to th- Provisions contained in an Act made in the Forty-fixth Year of His prefent Maj:sty's Reign, iptituled, An Aa to amend Two 18s pafled in the Forty-second Icar of His prefent Majesty, relating to the Miitia of England and Scotland reffectively, as to the Pay of the Officers and Men of the faid Militia ; and it any Non commiffwned Officer, Drummer, or Private Man of the Militia shall be inaimed or wounded in actual Service, he hell be equally entitled to the Benefit of Kilmainham or Chelsea Hospitals with any Non commissioned Officer, Drummer, or Private Maa be

longing to any of His Majesty's other Forces. When Militia

LVIII. And be it further enacted, That when any Regiment or is embodied, Coloncls may

Battalion of Militia shall be drawn out into actual Service, and during appoint Ageuls.

the

« PreviousContinue »