in like Manner as if they had been originally returned for One Parish or Place, fo as to make the Choice of Militia Men by Ballot within every fuch Sub-divifion as equal and impartial as poffible.

XCIV. And be it further enacted, That if the Lift of any Parish New Lifts in or Place fhall be lost or deftroyed, it fhall be lawful for the Governor the Room of or Governors, or Deputy Governors within any fuch Sub-divifion, or Lifts loft, &c. any Two or more of them, to caufe a new Lilt as aforefaid in any fuch Parish or Piace, to be made and returned to them at their next Sub-divifion Meeting, in the fame Manner as the Lift loft or deftroyed was made, and ought to have been returned to them by the Direction of the General Meeting.

XCV. And be it further enacted, That the Governors and Settling Lifts of Deputy Governors at each Sub-divifional Meeting appointed as Names at aforefaid, fhall immediately proceed thereat to inquire into the Fitnefs Sub-divifion Meetings. for Service of all Perfons named in the Lifts returned to them, and felect their Names, and hear fuch Objections as fhall be made on the Part of fuch as they fhall fo felect; and in making fuch Inquiry and Selection, it fhall be lawful to and for fuch Governors and Deputy Governors to examine upon Oath, which Oaths, as alfo the Oath to be taken by the Perfon making the Return, they or any of them, are hereby required and empowered to adminifter; and when fuch Lifts fhall be fo prepared by fuch Inquiry and Selection, they shall appoint a Day and Place for the next Meeting, to be held at a Day not more diftant than Ten, or sooner than Six Days, and the Clerk of the Meeting fhall forthwith deliver Copies of the Lifts fo made refpectively, to the feveral Conflables or other Perlons who refpectively returned the general Lifts, to be by them affixed, without Delay, on the Outfide of the Door of every Church and other Place of Divine Worship in the Parish or Place to which faid Lift was made, or at the ufual Place or Places therein for pofting Notices within fuch Parish or District, fpecifying at the Foot thereof the Day and Place appointed for the next Meeting; and that all Perfons who think themfelves aggrieved by the Infertion of their Names, or by the Omiflion of the Names of others in fuch Lifts, may then appeal; and that no Appeal will be afterwards received.

Militia.

XCVI. Provided always, and be it further enacted, That no Peer Perfons of this Realm, nor any Perfon who fhall act as a Commiffioned Officer exempted from in any Regiment, Troop, or Company in His Majefty's other Forces, ferving in the or in any of His Majefty's Cattles or Forts, nor any Non commiffioned Officer or Private Man ferving in any of His Majefty's Forces, nor any Commiflioned Officer ferving or who has ferved Four Years in the Militia, nor any Perfon enrolled in any Troop or Company of Yeomanry, who fhall produce a Certificate from the Commanding Officer of fuch Troop or Company, that he has punctually attended the Exercife of the Troop or Company to which he belongs, for Three Months, immediately preceding the Day on which he shall have been ballotted to ferve in the Militia, according to the Provi fions of an Act made in the Forty-fecond Year of His prefent Majefty's Reign, intituled, An Ad to enable His Majefly to accept and continue the Services of certain Troops, or Companies of Yeomanry in Ireland, nor any Perfon being a Member of the University, nor any Clergyman or Licenfed Teacher of any feparate Congregation, nor any Juftice of Peace, Contable, or other Peace Officer, nor any articled Clerk, Apprentice, Seaman, or Seafaring Man, nor any

Perfon

Hearing of Appeals and correcting Lifts.

Annual Return

of Lifts to Privy Council.

General

Meeting for
apportioning
Numbers on
Parishes.

Perfon doing Duty in His Majefty's Ordnance for the Service thereof, or at any Magazine or other Storehouse belonging to His Majefty, or under the Directions of the Board of Ordnance, nor any poor Man not worth Ten Pounds in Goods or Chattels, or who does not pay Five Pounds a Year Rent in the Whole for Lands, Tenements, and Cottake or Crophold, for the Crop or by the Year, who has more than Three Children born in Wedlock, living and under the Age of Fourteen, fhall be liable to ferve perfonally or provide a Subftitute, according to the Directions of this A&t; and no Perfon having served perfonally or by Subtitute in any Regiment or Battalion of Militia, fhall be obliged to ferve again until by Rotation it fhall come to his Turn; but no Perfon who has ferved only as a Subftitute fhall, by fuch Service, be exempted from ferving again if he thall be chofen by Ballot.

XCVII. And be it further enacted, That at every Sub-divifion Meeting for hearing Appeals, the Perfons prefiding fhall inquire upon Oath into the Allegation of every Perfon who fhall appear perfonally to fupport his Appeal, or on whofe Behalf, if he fhall be fick or ab fent, an Appeal fhall be brought, which Oath they or any of them are hereby empowered to adminifter; and they fhall ftrike out of the Lit every Perfon who fhail appear to them to be unfit to ferve, or to be legally exempted from ferving; and they fhail likewife infert in fuch Lift the Name of any Perfon who it fhall appear to them ought to be inferted therein, and fhall have been omitted; and they fhall forthwith return to the Clerk of the General Meeting a Certificate under their Hands of the Number of Men contained in the Lift of every Parish or Place after fuch Amendment thereof, for the Use of the General Meeting; and they fhail likewife fend to the Clerk of the Peace a full and accurate Copy of every fuch amended Lift, under their Hands and Seals, counterfigned by the Clerk of the Meeting, to be by him filed and kept among the Records of the County, which Copy fhall be of equal Authenticity for every lawful Purpofe refpecting the Militia, and of all Proceedings and Acts to be done under this or any Act for raifing, embodying, or regulating, or otherwife refpecting the Militia, as the Original, in cafe the Original fhall be loft, effaced, or mislaid.

XCVIII. And be it further enacted, That the Cuftos Rotulorum, or Senior Governor in case of the Abfence of the Cuftos Rotulorum, of every County, fhall and he is hereby required to tranfmit to His Majefty's Privy Council annually, as foon after the Returns of Men fhall have been made to the General Meetings as the fame can be done, an Account in Writing of the true State of the Number of Perfons fit and liable to ferve in the Militia for fuch County, in the Form of Schedule (B.) to this A&t annexed.

XCIX. And be it further enacted, That a General Meeting of the Governors and Deputy Governors of every County refpe&tively, fhall be fummoned by the Clerk of the General Meetings immediately on his receiving fuch Certificates or any of them, to be held within Seven Days thereafter, and not fooner than Four Days, for the Purpose of apportioning the Number of Militia Men to be raised on the feveral Sub-divifions, Parifhes, or Places; and the Perfons who fhall prefide at fuch General or other Meeting, fhall appoint what Number of Men fhall be the Quota or Proportion for each Parish or Place to furnish or keep fupplied to the Militia of the County, County

of a City, or District, apportioning the whole Number of the Militia, Non-commiffioned Officers, and Drummers included, as nearly as may be, to the Numbers contained in the certified Lifts of each Parish or Place, and the Clerk of fuch Meeting hall forthwith give Notice thereof to the feveral Sub-divifional Clerks, who fhall enter and file the fame for the Ufe of their refpective Sub-divifions, and he fhall allo give a Copy thereof, figned by himself, to the Clerk of the Peace, to be by him filed and kept among the Records of fuch County; and fuch General Meeting fhall appoint Meetings to be held in the several Sub-divifions for the Purpose of choofing by Ballot the Number of Perfons to be furnished from each Sub-divifion to the Militia.

C. And be it enacted, That the Governor or Governors with the Apportionment Deputy Governors of any County, or a competent Number of them may be altered. affembled at any General Meeting, may alter the Allotment of the Number of Men to be raised in each refpective Barony, Parish, or other Division to serve in the Militia, whenever it shall appear to them that any fuch Allotment is injurious to any Barony, Parish, or other Division.

Notice of

Time for Appeal,

or providing Subftitutes.

CI. And be it further enacted, That at every Sub-divifional Meeting fo to be held for ballotting, whether the fame be for forming any Regiment or Battalion, or for fupplying any Deficiency of Men, or filling up any Vacancy or Vacancies therein, the Perfon or Perfons prefiding at fuch Divifional Meeting fhall forthwith cause the Number of Men which each Parish or Place ought then to furnish. to be forthwith chefen by Ballot, in Manner following; that is to fay, the Names of all Perfons contained in the aforefaid Lift for fuch Parish or Place fhall be fairly written on diftinct Pieces of Paper, being as pear as may be of equal Size, and rolled up in the fame Manner, and put into a Box, Cafe, or Bag, by the Clerk, and thereout the Names fhall be impartially drawn by One of the Perfons prefiding, or fome indifferent Perfon, until the whole Number which fuch Parifh or Place ought then to furnish fhall be drawn; and the Perfon or Perfons prefiding at fuch Sub divifional Meeting fhall appoint another Meeting of the Sub-divifion, to be held within Seven and not fooner than Four Days, and thall caufe Notice thereof to be given to each Perfon drawn by the Ballot, requiring him to appear at fuch other Meeting, and fhew Caufe, if any he can, why he should be excused, or there to enrol himself or produce a fufficient Substitute, who fhall be approved of or enrolled, fuch Notice to be left at his Place of Abode Two Days at the leaft before the Day of his Appearance, or in cafe he fhall have no Place of Abode, or the fame cannot be discovered, fuch Notice to be affixed on the Door of the Church and other Places of Divine Worship, and in all Places where Notices are ufually potted in fuch District or Parish, Two Days at lealt before the Day for his Appearance; and if he shall not appear, and Proof fhall be made upon Oath of fuch Notice having been given or affixed, and no fufficient Caufe on Oath fhall be given for his not appearing, or if he fhall not be excufed when he fhall fo appear, or produce a Subftitute as aforefaid, he shall be adjudged liable to ferve, and ferve accordingly. CII. And be it further enacted, That if it fhall appear to any Sureties for Jattice of the Peace, Governor, or Deputy Governor, that any Perfon Appearance of drawn by a Ballot is not a Leffee of any Land or Lands, or Houfe, ballotted in the Sub-divifion, in which he fhall be drawn, for Years or for Perfons. Life or Lives, it fhall be lawful for him to iffue his Warrant for

bringing

Oath of ballotted
Militia Man.

Oath of

Subftitute or
Volunteer.

Providing
Subftitutes,

who fhall take

the Oath before required.

bringing fuch Perfon before him, and to bind him, together with One fufficient Surety, in the Sum of Twenty Pounds, for his Appearance at the next Sub-divifional Meeting, and from Meeting to Meeting, until he fhall be difcharged or enrolled; and if he thall refufe to be fo bound, or fhall negle&t to find fuch Surety, fuch Juftice is hereby required to order the Clerk of the Sub-divifion to enrol his Name, and he fhall be delivered over without Delay to the proper Officer of the Militia, to serve for fuch Term as a Man drawn by Ballot fhall be bound to ferve: Provided always, that nothing herein contained fhall extend to prevent any fuch Perfon from having or taking the Benefit of any Exemption or Appeal to which he may by Law be entitled.

CIII. And be it further ena&ted, That every Perfon so chosen by Ballot who fhall fo appear at fuch Meeting, and fhall not be excufed or provide a Subftitute, fhall there 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 I do fwear, that I will faithfully ferve in the Militia of Ireland in the

Regiment [or Battalion] during the Term of Five Years, unless I fhall be fooner difcharged.'

And that every Substitute and every Volunteer, and every Man who fhall be raised by any Parish Affeffment in Manner directed by this Act, who fhall fo appear at fuch Meeting, or who may be at any Time enlifted to ferve in fuch Militia, fhall take the following Oath; that is to fay,

I

• the

A. B. do folemnly promife and fwear, That I will be faithful and bear true Allegiance to His Majefty King George, and I do fwear, that I will faithfully ferve in the Militia of Ireland, in Regiment [or Battalion] during the Term of Five Years; and alfo for fuch further Time as the faid Regiment [or Battalion] fhall remain embodied for Service, if at the Expiration of Five Years the faid Regiment [or Battalion] fhall be fo • embodied, unk fs I fhall be fooner difcharged.'

And every fuch Perfon fhall he enrolled in a Roll to be then and there prepared for that Purpose, to ferve in the Militia of the faid County or City as a Militia Man accordingly; and that in the Certi ficate of fuch Atteftation the Day of the Month when fuch Oath was administered shall be specified in Words, and not in Figures, and that if any fuch Atteftation fhall be antedated, the Perfon knowingly antedating the fame fhall, if an Officer, be cafhiered, and if a Magiftrate or Deputy Governor fhall became liable to and incur the Penalty of Fifty Pounds on Conviction thereof.

CIV. Provided always, and be it further enacted, That if any Perfon fo chofen by Ballot fhall procure and produce for his Subftitute a Man able and fit for Service, and who fhall be approved of by the faid Governor or Governors, or Deputy Governors, or any Three or more of them, fuch Subftitute fo produced and approved fhall be enrolled to ferve in the Militia of fuch County or City as a private Militia Man for the Space of Five Years, and alfo for such further Time as the Militia fhall remain embodied, if at the Expiration of the faid Term of Five Years, the Regiment or Battalion to which

fuch

Men inrolled fhall not be deemed Militia

Men until approved by the Colonel, &c. and Surgeons.

fuch Man fhall belong shall be on Service out of fuch County or City, and fuch Substitute hall take the Oath herein-before appointed to be taken by a Subftitute or Volunteer; and any Perfon fo chofen by Ballot for whom fuch Subftitute fhall have been fo produced, enrolled, and fworn as aforefaid, shall be exempted from Service in the Militia, in the fame Manner as if he himself had ferved according to the Directions of this A&t: Provided that no Person who fhall be hereafter enrolled in the faid Militia, whether as a ballotted Man or Substitute or Volunteer, fhall be deemed to be fully approved of, fo as to exonerate the Perfon or Perfons, Diftrict or Districts bound to provide fuch Man, or to entitle fuch Man to receive the Second In talment of his Bounty if a Volunteer, unless and until fuch Appro bation fhall be exprefled by the Commanding Officer of the Regiment or Battalion, or feme proper Officer by him appointed; and alfo by fome Perfon or Perfons duly appointed or authorized by or under the Army Medical Board to hold a medical Infpection on fuch Perfon. CV. Provided alfo, and be it enacted, That when it fhall appear to Difcharging of the Governor or Governors, and Deputy Governors, or any of them, Perions who fhall be affembled and competent to prefide at any Sub-divifion Meeting, that any Perfon chofen by Ballot to ferve in the Militia is unable by any Infirmity, or not being of the Heighth of Five Feet Two Inches, or is otherwife unfit for Service, it fhall be lawful for the Governor or Governors, or Deputy Governors fo affembled, and they are hereby required to dfcharge fuch Perfon, and immediately to amend the Lift for the Place for which fuch Perfon fhall have been ballotted, by ftriking his Name out of the fame, and caufe another Perfon to be chofen in his Stead by Ballot, according to the Directions of this A&t.

CVI.. And for the afcertaining what Numbers may be actually ferving for any particular Parish or Place in Cafes where a Ballot is to be held for filling up Vacancies, or in any other Cafes;' Be it enacted, That every Commanding Officer of a Regiment or Battalion of Militia fhall, within Seven Days after the Firit Day of October in each and every Year, and as often as he fhall be required fo to do by the Governors or Deputy Governors at any General Meeting, fend to the Clerk of the General Meeting of the County or County of a City, to which his Regiment or Battalion belongs, a full and accurate Account of the Names of all Non-commifioned Officers, Drummers, and Privates, ferving at the Time in his Regiment or Battalion, fpecifying the feveral Parishes or Places for which each Man ferves, or is fet down to ferve, as far as it has come to his Knowledge; which Lift fhall, by the Clerk of the General Meetings, be filed and preferved for the Use of the Governor or Deputy Governors.

infirm, &c. although ballotted.

Returns to
Clerks of Peace
Officer of the
by Commanding
State of the
Regiment.

Credit of each
Parish, &c. by
Ballot, &c.

CVII. And be it further enacted, That the Perfons who fhall How Men fhall prefide at any General or other Mecting which fhall be held by virtue be fet down to of this Act, for the Purpose of apportioning the Militia, fhall fet down to the Credit of each Parish or Piace all fuch Men in the faid Account, as by fuch Account or by other fufficient Documents fhall appear to be ferving for the fame; and that the remaining Men fhall be divided by Lot among the feveral Parishes and Places aforefaid, within the County, or County of a City or Town, in Manner following; that is to fay, the Perfon prefiding at fuch Meeting fhall

3

caufe