Page images
PDF
EPUB

Billeting Militia when called out to Exercife, and Serjeants, Corporals, &c.

Providing
Carriages, &c.

Rates for
Carriages.

(if any there fhall be) into the Hands of the Militia Man to whom the fame belongs, before fuch Militia Man fhall be difmiffed from fuch Training and Exercife.

XLVIII. And be it further enacted, That it fhall be lawful for all Mayors, Sovereigns, Bailiffs, Burgomafters, Senefchals, Conftables, and the Chief and other Magiftrates and Officers of Cities, Towns, Parishes and Places, and (in their Default or Abfence) for any Justice of the Peace inhabiting within or near any fuch City, Town, Parish or Place, and they and he are and is hereby required to quarter and billet the Officers, Non-commiffioned Officers, and Private Men ferving in the faid Militia, at the Times when they fhall be called out to any Exercife, as by Law they may billet His Majefty's other Military Forces; and when the faid 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 Abfence) any One Juftice of the Peace as aforefaid, may, and they and he are and is hereby required to billet as aforefaid ail Serjeants, Corporals, and Drummers of the Militia.

XLIX. And be it further enacted, That when the said Militia fhall be called out to be trained and exercifed, any Juftice 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 fuch County, or from the Colonel or other Commanding Officer of the Regiment or Battalion of Militia of fuch County, or. any Detachment thereof, being within fuch County) fhall iffue his Warrant to the Chief or High Conftables of Baronies, or to Conftables or other Officers of the feveral Parishes or Piaces from, through, or near to which any fuch Regiment, Battalion, or De tachment of Militia fhall be ordered to march, requiring them to provide fuch fufficient Horfes and Carriages to convey the Arms, Clothes, Accoutrements, and Stores, with able Men to drive the faid Horfes and Carriages, as fhall be mentioned in fuch Order; and in cafe fuch fufficient Horfes, Carriages, and Men cannot be provided within any fuch County, Barony, Parish, or Place, then any Juftice of the Peace for the fame or any adjoining County fhall, upon fuch Order as aforefaid being fhewn unto him, iffue his Warrant to the Chief or High Constable or Conftables, or other fuch Officers of any Barony or Place within the fame County or within fuch adjoining County or Place, for the Purpofes aforciaid, to make up fuch Denciency of Horfes, Carriages, and Men; and fuch Governor, Deputy Governor, or Colonel, or other Commanding Officer requiring fuch Carriages and Men to be provided as aforefaid, fhall, at the fame Time, pay to every fuch Chief or High Conftable or other Officer, for the Ufe of the Perlon or Perfons who fhall provide fuch Carriages and Men, fuch refpective Rates and Sums as fhall be payable for Carriages and Men in hke Cafes. under any Act which fhall be in force for the Punishment of Mutiny and Defertior, and the better Payment of the Army and their Quarters, for which refpective Sums every Chief or High Constable or other Officer receiving the fame, is hereby required to give a Receipt to the Perfon paying the fame; and every fuch Chief or High Conftable, Conftables, or other Officers, fhall order and appoint fuch Perfon or Perfons having Horfes and Carriages within their respective Baronies or Places as they fhall think proper, to provide and furnish fuch 7

Horfes,

Horfes, Carriages, and Men, according to the Warrant aforefaid; and every Perfon fo ordered is hereby required to provide and furnish the fame accordingly for One Day's Journey, and no more.

L. And be it further enacted, That if any Militia Man fhall not Apprehension of join the Regiment or Battalion to which he belongs at the Time of Deferters from annual Exercife, and fhall not be apprehended before the Expira- annual Exercise. tion of the Time appointed for fuch Exercife; and if the Commanding Officer or Adjutant of fuch Regiment or Battalion, or the Commanding Officer of the Company to which fuch Offender belongs, fhail receive Information of the Place where he shall be or refide, any fuch Commanding Officer or Adjutant may, by Writing under his Hand, defcribe the Perfon of fuch Offender, and alfo certify that he did not join the Regiment or Battalion at the Time of annual Exercise, or that he deferted during the Time of annual Exercife (as the Cafe may be) and fend the fame by a Serjeant, Corporal, or Drummer of fuch Regiment or Battalion, to the Adjutant or Serjeant Major of the Regiment or Battalion in the County wherein fuch Offender is fuppofed to be or refide; and the Adjutant or Serjeant Major to whom fuch Certificate fhall be fent, fhal dire a Party of the Serjeants, Corporals, or Drummers of the Regiment or Battalion to which he belongs, to affift in apprehending fuch Offender, and conveying him before a Justice of the Peace of the County wherein fuch Offender fhall be apprehended; and if by his Confeffion, or the Testimony of any Witnefs or Witneffes upon Oath, or the Knowledge of fuch Juftice, it fhail appear or be found that fuch Perfon is guilty of fuch Offence, fuch Adjutant or Serjeant Major fhall order a Party of the Serjeants, Corporals, or Drummers, under his Command, to convey fuch Offender to the Head Quarters of the Regiment or Battalion of Militia of the next County, in the Way to the County to which fuch Offender belongs, and deliver him into the Cuftody of the Adjutant or Serjeant Major of fuch Regiment or Battalion, who fhall caufe 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 fo in like Manner until fuch Offender fhall be delivered into the Cuftody of the Adjutant or Serjeant Major of the Regiment or Battalion to which he belongs, who fhall take him before a Jultice of the Peace, to be dealt with as herein directed in Cafes of Muitia Men deferting or abfenting themfelves from their Duty.

Serjeants, &c. being Deferters.

LI. And be it further enacted, If any Serjeant, Corporal, or Apprehenfion of Drummer, fhall defert from the Regiment or Battalion to which he belongs, it fhall be lawful for any Conftable or other Officer of the Town or Place where any Perfon, who may be reasonably fufpected to be fuch Deferter, fhall be found, to caufe fuch Perfon to be apprehended, and taken before any Juftice of the Peace, being in and near to fuch Town and Place, who is hereby empowered to examine fuch fufpected Perfon; and if by his Confeffion, or the Teftimony of any Witnels or Witneffes upon Oath, or by the Knowledge of fuch Juftice, it fhall appear or be found that fuch fufpected Perion is such Deferter, fach faltice fhall forthwith caufe him to be conveyed to the Common Gaol of the County or Place where he shall be found, or to the House of Correction, or other publick Prifon in the Town or Place in or near to which fuch Deferter fhall be apprehended, there

to

to remain until he fhall be demanded by fome Perfon or Perfons authorized to receive him, as by this Act is dire&ed, and fhall trans mit an Account thereof to the Clerk of the General Meeting of the County to which fuch Deferter belongs, and the Keeper of fuch Gaol or Houfe of Correction fhall receive the full Subfiftence of such Deferter, for the Maintenance of fuch Deferter during the Time he fhall continue in his Cuttody, but fhall not be entitled to any Fec or Reward on account of his Imprisonment; and fuch Clerk of the General Meetings receiving fuch Account, fhall immediately tranfmit a Copy thereof to the Colonel or other Commanding Officer of the Regiment or Battalion of the County, and alfo to the Adjutant or other Officer commanding the Serjeants, Corporals, and Drummers of fuch Regiment or Battalion; and where there are more Regiments or Battalions than one, fuch Clerk fhall fend fuch Copy to all the Colonels or other Commanding Officers of Regiments or Battalions, and alfo to all the Adjutants or Officers commanding Serjeants, Corporals, and Drummers, within his County; and the Colonel or Commanding Officer of the Regiment or Battalion to which fuch Deferter fhall be found to belong, or the Adjutant or Officer commanding the Serjeants, Corporals, and Druminers of fuch Regiment or Battalion, fhall and he is hereby required, immediately on receiving fuch Copy as aforefaid. to fend from among the Serjeants, Corporals, or Drummers of the Regiment or Battalion under his Command, a fufficient Perfon or Number of Perfons to the Place where fuch Deferter fhall be confined; and (hall alfo fend by fuch Serjeant, Cor. poral or Drummer, or the Serjeant commanding the faid Party of Serjeants, Corporals or Drummers, an Order under his Hand and Seal to the Keeper of the faid Gaol, Houle of Correction or Prifon, requiring him to deliver fuch Deferter to the Perion or Perfous therein named, which he is hereby required to do; and the Serjeant, Corporal or Drummer to whom fuch Deferter fhall be to ordered to be deli vered, in cafe One only fhall be fent on fuch Duty, fhall apply to the Adjutant or Serjeant Major of the Regiment or Battalion of the County where fuch Deferter fhail be fo confined as aforefaid, and fuch Adjutant or Serjeant Major fhall order a fufficient Party of the Serjeants, Corporals, or Drummers under his Command to affift in conveying tuch Deferter, and he shall be conveyed to the Adjutant or Serjeant Major of the Regiment or Battalion to which he belongs, in the fame 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 fhail belong; and fuch Adjutant or Serjeant Major fhall take fuch Deferter before a Juftice of the Peace of the County to which he belongs, who fhall forthwith caufe him to be conveyed to the Common Gaol or Houfe of Correction, or other publick Prifon of fuch County, where he fhall remain without Bail or Mainprize, until the Regiment or Battalion to which he belongs. fhall be embodied for annual Exercife, or for a&tual Service, which fhall firft happen; and the Colonel or other Commanding Officer of fuch Regiment or Battalion fhall then iffue an Order under his Hand and Seal to the Keeper of the Gaol, Houfe of Correction, or Prifon where fuch Deferter fhail be confined, requiring him to deliver fuch Deferter to the Perfon or Perfons therein named, which he is required to do; and fuch Colonel and other Commanding Officer is hereby empowered and required to fummon and hold a Court Martial for the

Trial of fuch Deserter, in fuch Manner and with the fame Power and Authority, as fhall be given and directed by any Act of Parliament which fhail then be in force for punifhing Mutiny and Defertion, and for the better Payment of the Army and their Quarters; and if upon any fuch Trial fuch Deferter fhall be found guilty, it shall be lawful to punish fuch Deferter in fuch Manner as fuch Court Martial fhall in their Difcretion think fit, according to the Powers and Provifions of fuch Act, and of the Articles of War, but fo that no fuch Punishment fhall extend to the Lofs of Life or Limb,

to receive

LII. And be it further enacted, That all Gaolers and Keepers of Penalty on Pr.fons fhall, if required fo to do by any Serjeant, Corporal, or Drum- Gaolers refufing mer employed in conveying any Offender or Deferter as aforefaid to the Regiment or Battalion to which he belongs, receive into their Deferters, 51. Cuftody, and confine fuch Offender for such Time as they fhall be refpectively fo required as aforesaid, not exceeding Twenty-four Hours; and any Gaoler and Keeper of any Prifon who fhall refufe fo to do, fhall forfeit the Sum of Five Pounds.

LIII. And be it further enacted, That all Serjeants, Corporals, Billeting and Drummers, while they are employed in executing fuch Duty as Sericants, & aforefaid in the apprehending and conveying Deferters, fhall be bil- conveying letted in like Manner as Serjeants, Corporals, or Drummers belonging to His Majefty's other Forces employed in apprehending and conveying Deferters are to be billetted.

LIV. And be it further enacted, That in cafe any Militia Man fhall, on his March, or at any Place where he fhall be called out to annual Exercife, be difabled by Sickness or otherwise, it fhall be law. ful for any One Juftice of the Peace of the County or Place, or any Mayor or Chief Magiftrate of any City, Town, or Piace, where fuch Man fhall then be, by Warrant under his Hand and Seal, to order him fuch Relief as fuch Juftice, Mayor, or Chief Magistrate, fhall think reasonable; and the fame fhall be given by the Collector of His Majesty's Excife of the Place where fuch Militia Man fhall then be; and the Collector giving fuch Relief fhall, upon producing an Account of the Expences thereof, be allowed the fame in his Accounts, fuch Account being first allowed under the Hands of Two Jultices of the Peace.

Deferters.

When a Militia Man fhall be difabled by Sickness, any Juftice, &c. may order him Relie

embodied.

LV. And be it further enacted, That in all Cafes of actual In- In cafe of vafion, Rebellion, or Infurrection, or upon immediate Danger thereof, Invafion, to be fignified by Proclamation from the Lord Lieutenant or other Rebellion, &e. Chief Governor or Governors of Ireland for the Time being, it fhall Militia fhall be be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being, to order and direct that the Muitia of the laid feveral Counties herein before appointed to be raised and trained, or fuch Parts of them as the Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being fhall in his or their Wifdom judge neceffary, fhall be drawn out and embodied, and that in fuch Manner as fhall be bett adapted to the Circumftances of the Danger, and to put the faid Forces under the Command of fuch General Officers as the faid Lord Lieutenant or other Chief Governor or Governors of Ireland, for the Time being, fhall be pleafed to appoint, and to direct the faid Forces by their respective Officers into any Parts of Ireland, for the repelling and Prevention of any fuch Invafion, and for the Suppreffion of any Rebellion or Infurrection therein; and the Officers, Non-commiffioned Officers,

Drummers,

Governors of
Counties fhall

iffure Orders to
Chief Conftables,
and they to
Constables, to
give Notice to
Militia Men to
affemble;

Militia Men not
attending fhall
be Deferters, as
under Mutiny
A&t; Penalty
on harbouring
fuch, 51.

Militia when

called out, shall have l'ay of Regulars (except as under

46 G.3.c.140.)

When Militia

is embodied, Colonels may appoint Agents

Drummers, and Private Men, of the feveral Regiments and Battalions of the faid Militia, fhall, from the Time of their being drawn out and embodied as aforefaid, and until they fhall be returned again to their respective Parishes or Places of Abode, remain under the Command of fuch General Officers; and during fuch Time as aforefaid, all the Provifions contained in any Act of Parliament which fhall then be in force for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters, fhall be in force with refpe&t to the faid Militia, and shall extend to all the Officers, Non commiffioned Officers, Drummers, and Private Men of the faid Militia, in all Cafes whatever.

LVI. And be it further enacted, That the Governor or Governors of every County in Ireland, or any of them, or on the Death or Removal of fuch Governor or Governors, or during his or their Abfence from the County, any Three or more Deputy Governors to whom any fuch Order from the Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being, for embodying the Militia as aforefaid, shall be directed, fhall iffue his or their Order to the Chief or High Conflables or other Officers of the feveral Baronies or other Divifions within their refpective Counties, with Directions to forward the fame immediately to the Conftables or other Officers of the feveral Parishes and Places within their refpective Baronies; and fuch Conflables and other Officers are hereby required, upon Receipt thereof, forthwith to caufe Notice in Writing to be given to the feveral Militia Men, or left at their feveral Places of Abode within their respective Parishes or Places, to attend at the Time and Place mentioned in fuch Order; and if any Militia Man fo ordered to be drawn out and embodied as a orefaid (not labouring under any Infirmity incapacitating him from ferving as a Militia Man) fhall not appear and march in purfuance of fuch Order, every fuch Militia Man fhall be liable to be apprehended and punished as a Deferter, according to the Provifions of any Acts which fhall be then in force for punishing Mutiny and Defertion; and if any Perfon fhall harbour or conceal any fuch Militia Man when ordered out into actual Service, knowing him to be a Militia Man. every fuch Perfon fhall for every fuch Offence forfeit and pay the Sum of Five Pounds.

LVII. And be it further enacted, That from the Date of the Warrant of the Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being, for drawing the Militia out into actual Service, the Officers, Non commiffioned Officers, and Private Men of the Militia fhall be entitled to the fame Pay as the Officers and Private Men of His Majefty's other Regiments of Foot receive, and no other; fubject nevertheless to th- Provifions contained in an Act made in the Forty-fixth Year of His prefent Maj:ty's Reign, intituled, An A& to amend Two 18s paffed in the Forty fecond Year of His prefent Majefty, relating to the Muitia of Engiand and Scotland reffectively, as to the Pay of the Officers and Men of the faid Militia; and if any Non commiffioned Officer, Drummer, or Private Man of the Militia fhall be aimed or wounded in a&tual Service, he fhall be equally entitled to the Benefit of Kilmainham or Chelsea Hospitals with any Non comm ffioned Officer, Drummer, or Private Man belonging to any of His Majefty's other Forces.

LVIII. And be it further enacted, That when any Regiment or Battalion of Militia fhall be drawn out into actual Service, and during

the

« PreviousContinue »