Notice of Quotas

and Ballots to Sub-divifional Clerks.

Vacancies fhall be fupplied out of exifting Lifts.

caufe the Names of all the Men fo remaining in the faid Lift, after all fuch Credit being given, to be fairly written on diftin&t Pieces of Paper, being as near as may be all of equal Size, and rolled in the fame Manner, to be put into a Box; and they fhall also cause the Names of the feveral Parishes or Places on which any Appointment fhall have been made, of the Number of Men to be turnished to the Militia, fairly written on diftin& Pieces of Parchment or Paper, being as near as may be all of equal Size, and rolled up in the fame Manner, to be put into another Box, and they or he, as the Cafe may be, fhail caufe One indifferent Perfon, publickly and fairiv to draw a Roll out of one Box, and One other indifferent Perfon to draw in like Manner a Roll out of the other Box, and the Name of the Perfon fo drawn out of the one Box fhall be immediately fet down to the Credit of the Parish or Place fo drawn out of the other Box, and the Roll containing the Name of fuch Parish or Place fhall aga n be returned into its Box rolled up in like Manner as before, and to the faid drawing of the Rolis fhall be continued by drawing one ot of each Box at a Time, always thaking each Box before each Drawing, until all the Names contained in the First Box fhall be completely drawn and fet down to the Credit of the Parish or Place refpectively with which they shall be drawn: Provided always, that fo foon during fuch Drawing as there fhall be let down to the Credit altogether of any Parish or Place the full Number of the Quota it is to furnish its Name fhall not be again put into the Box until the whole of the Drawing fhall be over.

CVIII. And be it further enacted, That as foon as the Number of Men to be raifed from each particular Parish or Place thall be afcertained as aforefaid, the Clerk of the General Meetings fhall ferd Notice to every Sub-divifional Clerk of the Quota or Proportion of Men which each Parish or Place in his Sub-divifion is to furnish to the Militia; and fhall fend a Copy of the Names of the feveral Men fet down to the Credit of each fuch Parish or Place, fpecifying uppofite to each Name the diftinct Caufe of fuch Credit; and every Sub-divifional Clerk shall respectively lay fuch Copy before the Subdivifional Meeting whien fhall next meet for the Purpose of taking a Baliot.

CIX. And be it further enacted, That whenever any Vacancy or Vacancies fhall happen in the Regiment or Battalion of Militia for any County or County of a City, or Town, by Death, Desertion, or lawful Difcharge, and it fhali not be provided by Law, or directed by the Lord Lieutenant or other Chief Governor or Governors of Ireland, that the fame fhall be flied by enrolling Volunteers, the Clerk of the Peace fhall, within Seven Days after he fhali receive an Account thereof under the Hand of the Officer commanding the Regiment or Battalion, give Notice thereof to the Clerk of the Sub-divifion in which the Parish or Piace where the Perfon or Perfo: s who has or have occafioned fuch Vacancy or Vacancies fhali have been refpectively fet down to ferve for is fituated, and fuch Clerk fhall fummon a Subdivifional Meeting to be held within Seven Days, to provide a Man or Men to ferve in his or their Room, and a Man or Men shall at every fuch Meeting be chofen by Ballot, to be held in Manner hereinbefore prefcribed; and in cafe any Deferter fhail at any Time return to his Regiment or Battalion, or be taken, he fhall, notwithstanding

any

any Perfon fhall fo have been chofen in his Room, be compelled to ferve in the fame Manner and for the faid Term as if no Perfon had been fo chofen in his Room.

any

further Bailot,

CX. And be it further enacted, That if through the Negl &t or Amendment of Miftake of any Chief or High Conftable, Conftable, or other Perfon, Lifts, and or from any other Caufe, the full Number of Men appointed for Sub divifion fhould not be duly enrolled at any Meeting appointed for that Purpose, then the Governor or Governors, and Deputy Governors, or any Two or more of them, may and are hereby required immediately to caufe the Lift to be amended, and to proceed to a fresh Ballot. and to adjourn their Meeting or appoint other Meetings, and repeat the amending of the Lifts as often as may be neceffary and expedient for carrying the Purpofes of this Act duly and fully into Execution; and it fhall be lawful for any One Governor or Deputy Governor to adminifter the Oath herein-before required to be taken by Perfens to ferve in the Militia, to any Perfon ballotted for under the Directions of this Act, or to any Perfon who, being qualified as this Act requires, fhall offer to ferve as a Subftitute or Volunteer; and fuch Governor or Deputy Governor is hereby authorized to direct and require the Clerks of the Sub-divifion for which every fuch Perfon by whom the faid Oath has been taken before him is to ferve, to enrol the Name of every fuch Perfon, together with the Date of the Day on which the faid Oath was fo adminiftered to him, in the Roll of fuch Sub-divifion.

Administering

Oath to

diltia Man, and enrolling

him.

Clerks fhall

tranfmit Lifts of all Men eurolled.

CXI. And be it further enacted, That the refpe&ive Clerks of the Sub-divifion Sab-divifional Meetings fhall, as foon as the Militia Men are enrolled, tranfmit to the Clerk of the General Meetings. and to the Colonel or Commanding Officer, a Lift, fpecifying the Names and Trades and Places of Abode of all fuch Militia Men as are enrolled; and where there are Subftitutes, the Names, Trades, and Places of Abode of the Perfons in the Room of whom they were enrolled as Subftitutes, in the Form in Schedule C. to this A&t annexed.

Places where

CXII. And be it further enacted, That every Perfon chofen by Perfons Ballot to ferve in the Militia fhall be liable to fuch Service, although removing, &c. he may have removed from the Place where his Name was inferted thall ferve for in the Lift. provided he was refiding in fuch Place at the Time when the Lift was according to the Directions of this Act prepared; and every Perfon liable to ferve in the Militia having more than One Place of Refidence, fhall ferve for the County or Place where his Name fhall be firft drawn, as aforefaid.

CXIII. And, to prevent the Militia Service from fuffering by ballotted Men not appearing pursuant to Notice as aforefaid;' Be

they are drawn.

it enacted, That on the Non appearance of any Perfon drawn by Where ballotted Bilot as afor faid, Notice having been given or affixed as aforefaid, Man does not and no Subftitute as aforefaid being produced, the Perfon or Perfons appear, another prefiding thall immediately proceed to choose another to ferve in his fhall be chosen. Plice, and fo from Time to Time on every Day appointed for the Appearance of the Perfon fo drawn not appearing until a fufficient Man fhall be enrolled.

CXIV. Provided always, and be it enacted, That every Perfon Ballotted Man cholen at any Time by Ballot as aforefaid, who shall not by virtue of not appearing this Act be excufed from ferving or produce a Subftitute, which shall be held a Substitute fhall be approved of and enrolled, who fhall not immediately enrol himself and join the Regiment or Battalion, fhall be liable to

Deferter.

Ballotted Man failing at first to appear, may give Surety to ferve on next Vacancy.

Subftitates not appearing fhall repay Money received, with

Penalty.

ferve, notwithstanding another Perfon may have been chofen in his Room; and it fhall be lawful for any Magiftrate to iffue his Warrant for apprehending him in the Manner and with like Authority as for apprehending a Deferter, and upon Conviction upon Oath before any Magiftrate that fuch Perfon was ballotted to ferve in the Militia, and not excufed, he shall be fined in the Sum of Five Pounds, and in cafe of Non-payment thereof, the fame may be levied by Diftress of his Goods and Chattels, by Warrant under the Hand and Seal of fuch Magiftrate, or he may be committed to the Common Gaol of the County if he shall be apprehended, there to remain for the Space of Six Months, or until the Commanding Officer fhall defire that he may be fent to the Regiment or Battalion, and the like Reward fhall be paid for apprehending him as for apprehending a Deferter, and he fhall be deemed a Deferter, and fuffer as fuch.

CXV. Provided alfo, and be it enacted, That if any Person fo drawn by Ballot, and failing to appear, fhall afterwards voluntarily appear at a Time when the Militia is complete, he shall be immediately enrolled, and fhall be bound in the Sum of Twenty Pounds, and fhall find a fufficient Surety to be bound in the Sum of Ten Pounds for his Appearance, and joining the Militia whenever there fhall be a Vacancy, or he fhall be required by the Commanding Officer or Clerk of the Sub-divifion to join, and his Time of Service fhali commence from the Day of his joining; and if he shall fo fail to bind himself, or to find fuch Surety, he fhall be committed by any Magiftrate, Governor, or Deputy Governor, to the Common Gaol of the County, there to remain until he shall be sent to the Regiment or Battalion to ferve therein as aforefaid.

CXVI. And be it further enacted, That if any Perfon fhall receive Money from any other Person to serve as a Volunteer or Suðftitute in the Militia as aforefaid, and hall neglect to appear at the ufual Meeting appointed for fwearing the Militia Men, or before fome Twenty Shillings Governor or Deputy Governor, in order to be fworn according to the Directions of this Act, every fuch Perfon fo neglecting to appear and be fworn, being convicted thereof before any Governor or Deputy Governor, fhall be obliged to return the Money to the Perfon or Perfons from whom he received it, and fhall alfo forfeit and pay to fuch Perfon or Perfons any Sum not exceeding Twenty Shillings, at the Difcretion of fuch Governor or Deputy Governor before whomi he fhall be fo convicted; and if fuch Offender fhall not immediately return the Moncy fo by him received as aforefaid, and likewife pay the faid Penalty, he fhall be committed to the Common Gaol or House of Correction for the Space of Three Months, or until the fame Sum fhall be paid.

Penalty on
Ferious refufing
to pay their
Substitutes, 51.

CXVII. And be it further enacted, That if any Person chosen by Ballot to ferve in the Militia, fhall have engaged any other Perion to ferve as his Substitute, and the Perfon so chofen by Ballot fhall have agreed to pay to the Perfon fo engaged a certain Sum for fuch Services, and fall after such Subftitute has been enrolled refuse to pay him the full Som agreed on, it fhall and may be lawful for any Go. vernor or Deputy Governor, or Juftice of the Peace, on Application made to him, and fuch Governor, Deputy Governor, or futtice is hereby required to order fuch Sum of Money as fhall appear to him to be due to the Perfon fo engaged, to be immediately paid to him by the Perfon or Perfons by or for whom he fhall be engaged to ferve

as aforefaid; and in cafe of his refufing or neglecting fo to do, to forfeit the Sum of Five Pounds, and alfo the Sum engaged to be paid to the Subftitute, the fame to be levied by Warrant under the Hand and Seal of any Governor or Deputy Governor, or Justice of the Peace, off the Goods and Chattels of fuch Perfon fo engaging fuch Subftitute.

CXVIII. And be it further enacted, That if any Perfon being Substitutes fworn and enrolled to ferve as a ballotted Man, Subftitute, or deserting shall, Volunteer in the Militia, fhall afterwards defert or abfent himself from if retaken, ferve the Regiment or Battalion to which he belongs, every fuch Perfon their full Period. fhall be liable to, and fhall ferve as a Militia Man in fuch Regiment or Battalion for and during the full Term for which he thall be enrolled, to be computed from the Day on which he fhall be apprehended, and fhall also be fubject to fuch other Penalty or Punishment as fhall be inflicted upon him for fuch Offence by virtue of this Act; and the Commanding Officer of fuch Regiment or Battalion fhall caufe Notice to be given to the Clerk of the Sub-divifion for which fuch Perfon was enrolled, of the Day on which he was apprehended; and fuch Clerk fhall make an Entry on the Roll of the Militia of the Name of fuch Perfon, and alfo of the Time of his being fo apprehended.

Expence on

Quaker's

Goods, &c.

CXIX. And be it further enacted. That if any Perfon, being one Subftitutes fhall of the Perfuation called Quakers, fhall be chofen by Ballot to ferve in be provided for the Militia, and fhall retufe or neglect to appear and take the Oath Quakers; and ferve in the Militia, or provide a Subftitute to be approved of as aforefaid, who shall take the Oath and subscribe his Confent to ferve as the Subftitute of fuch Quaker, then and in every fuch Cafe, any Two or more Governors or Deputy Governors shall, if they shall think proper, upon as reafonable Terus as may be, provide and hire a fit Perfon to ferve as a Subititute for fuch Quaker, and fuch Subfiitute fhall take the Oath herein prefcribed for a Subftitute, and fubfcribe his Confent to serve in the Militia for the fame Term, and on the fame Conditions as are herein-before directed in the Cafe of Substitutes produced by Perfons chofen by Ballot; and any Three or levying the more Governors or Deputy Governors may and are hereby authorized by Warrant under their Hands and Seals, to levy, by Diftrefs and Sale of the Goods and Chattels of fuch Quaker, fuch Sum of Money as fhall be neceffary to defray the Expence of providing and hiring fuch Substitute, rendering to fuch Quaker the Overplus (if any). after deducting the Charges of fuch Diftrefs and Sale; and if no Goods or Chattels belonging to fuch Quaker can be found fufficient to levy fuch Diftrefs, and it fhall nevertheless appear fatisfactorily to fuch Governor or Governors, or Deputy Governors, that fuch Quaker is of fufficient Ability to pay the Sum of Ten Pounds, then it fhail be lawful for fuch Governor or Governors, or Deputy Governors, to commit fuch Quaker to the Common Gaol, there to remain without Bail or Mainprize for the Space of Three Months, or until he fhall have paid fuch Sum of Money as fuch Governor or Governors, or Deputy Governors fhall have agreed to pay to fuch Subftitute as aforefaid; and in cafe any Meafure fhall be used in making Distress Appeals by as aforefaid which may be by any fuch Quaker thought oppreffive, Quakers to it fhall be lawful for fuch Quaker to complain to the Governor or Governors, or Deputy Governors, at their next Meeting, who are

hereby

Governors..

Demands on Quakers under this Act fhall be made

feparately from other Demands.

Fraudulent Apprentices compellable to ferve.

Juftice of Peace
may fettle

Recompence
to Matters in
cafe of Servants
enrolling into
Militia.

hereby empowered and required finally to hear and determine the fame.

CXX. And be it further enacted, That in all Cafes where under this Act any Perfon, being one of the Perfuafion of the People called Quakers, fhall be required to pay any Sum of Money to be applied to the Purposes of this Act, either by the Warrant of any Governor or Deputy Governor as aforefaid, or by the Warrant of the Treasurer of any County, City, or Town, in confequence of any Prefentment of any Grand Jury, or otherwife, the Demand for fuch Sum of Money to be applied to the Purposes of this A&t fhall be made upon fuch Quaker (if required fo to be by fuch Quaker) feparate and diftinct from any other Demand to which fuch Quaker may be liable, and fhall and may be levied by Diftrefs and Sale of the Goods and Chattels of fuch Quaker, feparately and diftinctly from any other Sum or Sums of Money to the Payment of which fuch Quaker may be liable under or by virtue of any other A& or Acts in force in Ireland.

CXXI. Provided always, and be it further enacted, That if the Governor or Governors, or Deputy Governors, fhall at any of their Sub-division Meetings receive Information, or fhail fufpect that any Person whose Name is inferted in any Lift, and defcribed as an Apprentice, has been fraudulently bound Apprentice in order to avoid ferving in the Militia, it fhail be lawful for them to make Inquiry thereof, and to fummo fuch Perfons as they fhall think neceffary to appear before them at fuch Time and Place as they fhali appoint, and examine fuch Perfons upon Oath; and in cafe it fhall appear that fuch Binding was fraudulent, in order to avoid ferving in the Militia, it shall be lawful for fuch Governor or Governors or Deputy Governors, to appoint fuch Perfon fo fraudulently bound Apprentice to ferve as a Militia Man for the Parish or Place for which fuch Lift fhall have been returned, if there fhall be a Vacancy, and if there fhall be no Vacancy at that Time, fuch Perfon fhall be immediately enrolled, and fhall be bound in the Sum of Twenty Pounds, and fhall find a fufficient Surety to be bound in the Sum of Ten Pounds for his Appearance, and joining the faid Militia whenever there fhall be a Vacancy, or whenever he shall be required by the Commanding Officer or Clerk of the Sub-divifion to join; and his Time of Service fhall commence from the Day of his joining; and if he fhall fail to bind himself, or to find fuch Surety, he shall be committed by any Magiftrate, Governor, or Deputy Governor, to the Common Gaol of the County, there to remain until he fhall be fent to the Regiment or Battalion to ferve therein; and the Perfon to whom fuch Apprentice fhall have been fo bound fhail for fuch Offence forfeit and pay the Sum of Ten Pounds.

CXXII. And be it further enacted, That if any Servant whatfoever hired by the Year or otherwife fhall be enrolled as a Militia Man, and any Dispute fhall arife between his Matter and Mistress, Employer or Employers, and fuch Servant, touching any Sum or Sums of Money due to fuch Servant, for or on account of his Service performed before the Time of fuch Swearing or Enrolment, or to fuch Time as under the Conditions of the faid Swearing and Enrolling he fhall be obliged to quit the Service of his faid Mafter or Miltress, by being called out to join the Militia in which he fhall have been 5 fwern