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kept true and regular Entries of the Names, Additions, Places of Resi ience, Parish and other Descriptions of the Persons they shall enrol as aforesaid, and the several Sums which shall have been advanced and paid to such Persons respectively, and shall transmit regular Copies of such Entries, certified by them respectively, as well as by the Adjutant and Paymafter of the Regiment or Battalion respedively, to the Office of the Chief Secretary of the Lord Lieutenant or other
Chief Governor or Governors of Ireland. Chief Sceretany CXXXVII. And be it further enacted, That the said Chief Sen. shall transmit such Lifts to
cretary shall cause Copies of the Rifuins of the Men thus enrolled, Treasurers of
and the Sums advanced to such Men respectively, to be traolmitted Counties, to be to the several and respective Treasurers for the several Counties and by them laid Counties of Cities and Towns in Ireland, Ten Days at leatt previous befo Grand to the then next ensuing General Aflizes, which shall not commence Juries, and
within such Ten Days; or if to the Treasurer of the County and Presentments of the Anicunt of City of Dublin, within Fourteen Days previous to the then next Bounty advanced presenting Term, which shall not commence within fuch Fourteen thall be made Days; and the said several Treafurers fhall, and they are hereby accordingly, respectively required to lay the said Returns before the Judges of
Aflize on the Commission Day of such Affizes, or in the County and
of the same respe&ively, in such Manner as such Grand Jury shall from Time to Time order and direct.
CXXXVII. And be it further enacted, That the several Trea• Levying of Sums furers of the respective Counties and Counties of Cities and Towns as to be presented. aforesaid, shall collect and receive the said several Sums, and Mall forthwith
the same to the Collector of Excise for such County or County of a City or Town or in case there fhall be in any County Two or more Distri@s, with Two or more Colleetors refpe&ively, or Parts of fuck Dittricts, then to the Collector of that part of such County in which the County Town is fituate: and every such Collector shall, and he is hereby required to give a Receipt for all Sums of Money that shall be so paid to him as aforesaid, and such Receipt thall be lodged among the Records of such County, and shall be a Discharge and Acqnittance to such County for all such Mn as Mall be fo raised, for the Time for which they shall be so enrolled to serve as aforesaid, unless Vacancies shall occur by Death, Desertion, or lawful Discharge,
CXXXIX • And Whereas several Regiments and Battalions of • Miheia have been augmented in Manner herein hefore mentioned, • to the ERablishment of One Hundred Rank and File per Company, • with the usual Proportion of Commissioned and Non-commissioned • Officers, and the Relidue of the fard Regiments and Battalions, • or any of them, may hereafter be so angmented;' Be it enacted, That whenever any Vacancy or Vacancies shall occur by Death, De Vacancies in fertion, or lawful Discharge, in any Regiment or Battalion which shall augmented have been or shall be so augmented, during the Continuance of such Regiments shall Augmentation, such Vacancies shall from Time to Time be filled up Volunteers, and by enro'ling Volunteers, and not by ballotting, and for that Purpose Seven-Tenths of it faali and may he lawful for the several Colonels or Commanding the Expence Officers of such R=giments to procure and enrol Volunteers to fill up thall be levied by
Presentinent on such Vacancies, and to make Returns in Manner herein-before directed,
the Counties, which Returns fall be fint and given in Charge to the several Grand Juries respectively in Manner aforesaid, and the several Grand Juries of the Counties or C runties of Cities, at the respective ensuing Affizes or presenting Term, thall thereupon present luch Sum of Money as Shall be fufficient to reimburse and repay Seven Tenth Parts of the Money fo advanced, at the Rate aforefaid, under the Order of the Lord Lieutenant or other Chicf Governor or Governors of Ireland for the Time being, for the procuring and enrol ing such Volunteers to supply such Vacancies, or in default of such Presentment the Judge of Affize or the Court Mall order and dire&t the Treasurer of the County, or County of the City, to include such Sum, and return the same among the Presentments thereof, for that the same thall be raised and levied forthwich ; and every such Sum shall be levied, cole lected, and received by the Treasurers of the Countics or Counties of Cities, and paid by them to the Colle&tors of Excisc, in like Manner as is herein-before dirreted with resp:ct to the other Sums direct-d to be presented, levied, collected, and paid, under the Authority of this A8: Provided always, that in any County, County of a City or Vacancies in Town, where the Militia Men serving shall have been or shall be ap- original Quota portioned in Maoner herein-before directed, among the several Parishes may be fupplied and Diftri&ts, it Thall and may be lawful to proceed from Time to by Bellot : Time by Ballot, for the filling up. of Vacancies for the original by Volunteers,
In Augmentation Quota of such County, County of a City or Town; and that all under Vacancies arising in the augmented Numbers shall be filled up by the 44 G. 2. 6. 28,
of 101. per
Volunteers, in such Manner as is directed by the said recited AA of the Forty-fourth Year, intituled, An Aa for empowering His Majefly to direct the Augmentation of his Militia Forces in Ireland, to an Extent, therein limited; any Thing hercin-before contained
to the contrary notwithltanding. The emborlying CXL. Provided, always, and be it further enacted, That if it shall of any Miitia
be deemed inexpedient by His Majelty, or the Lord Lieutenant or nay be suf
other Chief Governor or Governors of Ireland, in Council, co raisc, pended, &c.
embody, cr continue any Regiment or Battalion of Militia in any County or City in Ireland, it shall be lawful for H s M-jetty, or for the Said Lord Lieutenant or other Chief Givernor or Governora of Ire. land for the Time being, by and with the Advice of the Privy Council of Ireland, to forbid the railing, or embodying of luch R-gument or Battalion, and to Hay all Proceeding therein for such Tims as shall be deemed expedient, or to order that all or any of the said Regiments or. Battalions Thall be disembodied and wholly ceale and determine.;
aný Thing in this Ad to the contrary in anywise notwitháanding, Fine on County CXLI. And be it further enacted, That if it shall happen in any
Cale that the Number of Milivia Mon duly appointed or to be ap. Annum for every pointed to be raised for any Regiment or Battalion of Militia of Ireland,
Thall not be rrised within Three Calendar Months from and after the . Time when the same ought to be raised by Ballot as aforesaid, or within Four Monshs from the Date of the Order for railing the same hy enrolling Volunteers, then and in every such Cafe the County or County of a City or Town in which such Namber of Militia Men ought to be raild, thall be charged with the Payment of the yearly Sum of Ten Pounds for and in lieu of every privaie Militia Man.fo deficient; and upon. Proof on Oach firit laid by any Governor or Deputy Governor of such. Deficiency before the Judges of Alize, or in the County.or City of Dublin before the Court of King': Bunch, it shall be lawful for such judge of Allize and Mich Court, and they are hereby respectively required to time the County or County of a City or Town, or luch Diftrict. Baronies pr Barony, or Parish or Parishes thereof in which such Neglect Mail happen, in a Sum after the Rate of Ten Pounds for any Private Ma lo deficient, and to re.. peat the said Fine annually fo long as the sand Deficiency thall continue, which Fine or Fines thall be eftreated into His Maj-ity's Exchequer and issued in Process, and Mall be duly levied by the Sheriff or other Officers respoctively, to whom such Process Mall be directed refpret. ively; and it fhall not be lawful for the Barons of the Exchcquer or Commissioners of Reducement, on any Account, to take off, relcale or
reduce frich Fine or Fines, or any Parts therent. Fines shall be CXLII. And be it further enacted, That all such Fines, and all
other. Fines hereby imposed, when not otherwise expressly directed, 'Treasury, and
shall, when levied, be paid into His Majetty's Treasury, and shall be accounted for to Parliament.
kept feparate and apart from all other Money, and shall be accounted for Yearly to Parliament; and no Fee or Gratuity whatsoever shall
be given or paid to any Officer of the Exchequer for or on account Fines may be of receiving or issuing any such Money : Provided always, that such applier under
Money, or any part thereof, may be applied by or under the Orders Order of Lord
of the Lord Lieutenant or other Chief Governor or Governors of Lieutenant in providing
Ireland for the Time being, if he or they shall think proper, in proSubstitutes. viding Substitutes or Volupteers to serve in the Militia for the Counties, Counties of Cities, or Diftrict, from which such Fines respectively
paid into the
shall have accrued, by applying the same respecively, or in Ease and Diminution thereof, either in addition to the Bounties herein-before mentioned respectively, or par:ly in the one Way and partly in the other, in fuch Manner as the Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being thall dire&t.
CXLIII. And be it further enacted, That in all Cases where any Fines exceeding other Mode of Proceeding is noi hereby provided, all Fines, Pinalties, 20!. recoverable and Forfeitures, by this Act imposed, which shall exceed the Sum in a Court of of Twenty Pounds, shall be recovered by A&tion of Debt, Bii!, Record!; not Plaint, or Information, in any of His Majesty's superior Courts of exceeding 20!. Record at Dublin, wherein no Esfuign, Privileze or Protection,
before a Justice. Wager of Law, or more than one Imparlance shall be allowed ; and that all Fines, Penalties, and Forfeitures, by this Act imposed, which shall not exceed the sum of Twenty Pounds, Thal', upon due Proof of the Off-nce before any Jultice of the Peace of the County where the Offence shall be como:itted, be levied by Distress and Sule of the Offender's Goods and Chatiels, by Warrant under the Hand and Seal of such Justice, rendering the Overplus (if any) on Demand, after deducting the Charge of such Ditress and Salé, to the Person whose Goods and Chattels shall have been so diftrained and sold; and for Want of such Distress such Justice is hereby required, in all Cases where no particular Time of Commitment is herein-b-fore directed, to commit such Offender to the Common Grol of the County where the Offence Thail have been committed, for any Time not exceeding Three Months; and the Money arising by all such Fines, Penalties, and Forfeitures, the Application whereor is not other wise directed by this Ad, shall be paid to the Coll ctors of Excise, and accounted for and paid over by them as all other Mönics received by them refprctively.
CXLIV. And be it further enacted, That if any Treasurer of any Penalty on County, any Clerk of the Peace, or any Coll. Etor of His Majefty's Treasurers, Revenue, or of any County or County of a City, Barony or Half Ba. Clerks, &c. for rony, shall refuse or knowingly negleat to do any Matter or Thing
Neglect, 100h required by this A& to be done by him, or fhall wilfully omit to carry any of the Provisions in this Act respecting himself or his Office into execution, and shall be thereof convicted by Information or Indictment at the Asizes or King's Bench in the County or County of the City of Dublin, he shall be find any Sum pot exceeding One hundred Pounds, at the Discre:ion of the Court.
CXLV. And be it further enacted, That all Convictions made by any Governor, or Deputy Governor, or Justice of the Peace, under this Act, shall be in the Form here following, or in some other Form to that or the like Effect ; that is to say, • BE it remembered, That on the
Form of in the Year
at • County [or, County of a Ciry or Town] of
under this Act. A. B. of
was convicted before me E. F. the • Governor, [or, One of the Governors, or, One of the Deputy Go• vernors, or, of the Justice of the Peace) of the said County Cor • County of a City) for that on the Day of . at in the said
where the said A. B. did [here fate the Offen.e]. In Witness whereof, I thesaid E. F. • have hereunto set my Hand and Seal, this
Day of in the Year of our Lord
in the Conviction
Convictions thall not be reipoved by Certiorari.
Which Convi&tion, or any other Form of Conviction to that or the like Effect, shall be good, valid, and effe&ual in Law, without setting out the Evidence, or itating any other Matter more particularly or otherwise than as aforesaid.
CXLVI. And be it further enacted, That no Order or Conviction made by any Governor or Governors, or by any Justice or Juftices of the Peace, under or by virtue of this A&, Thall be removed by Ceriiorari or other W.it or Process, out of the County, City, or Piace wherein such Order or Conviction was made, into any of His Majesty'a fuperior Courts of Record in Dublin; and that no Writ of Certiorari or other Writ' thall supersede anv Execution or other Proceedings upon any fuch Order or Conviction fo made in pur. suance of this Aa. but that the Execution fail be made thereupon ; any fuch Writ or Writs, or Allowance thereof rot withitanding.
CXLVII. And be it further enacted, That if any Action Mall be brought against any Person or Persons for any Thing done in pur. suance of this Act, fuch Action or Suit shalı be commenced within Six Months nöxt after the fact committed, and not afterwardę, and shall be laid in the County or Place where the Cause of Complaint did arise, and not elsewhere ; and the Dcfeodant or Defendants in every such Adion or $uit may plead the General Issue, and give this Act and the special Marter in Evidence at any Trial to be had there upon ; and in any such A&tion or Suit, if the Plaintiff or Plaintiffs thali be nonsuited, or discontinue his or their Action or Suit after the Defendant or Defendants fhall have appeared, Judgment shall be given against the Plaintiff or Plaintiffs, the Defendant or Defendants thall have Treble Colts, and have the like Remedy for the fame as any Defendant hath in other Cases to recover Costs by Law.
CXLVIIJ. And be it further en: &td, That in all Cases in the Execution of this ĄG, when any Matter or Thing is directed to be inquired of or examined into, upon the Oath or Affirmation of any Witness or Witnesses, before any Governor of any County, or any Deputy Governor or Governors, or Justice or fuftices of the Peace, they and every of them is and are hereby respectively authorized to administer fuch Oath or Affirmation to any Witness or Witnesses; and that all other Oaths or Affirmations to be taken in pursuance of this A& shall and may be respeively adminiftered by any Governor or Deputy Governor; and every person who thall knowingly or willingly take any false Oath or Affirmation in any Matter required by this Act, and be thereof convicted, Mall suffer the Penalties of wiltul and corrupt Perjury.
CXLIX. And be it enacted, "That this Ad, and the several Claufes, Provisions, Matters, and Things therein contained, shall commence, take effc&, and be of force from and after the Expiration, of one Calendar Month after the pafung thereof, and not sooner.
Penalty of Perjury on falle Oaths,
Commencement of Act.