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Chief Secretary fhall transmit fuch Lifts to Treasurers of

Counties, to be by them laid before Grand Juries, and

Prefentments of

the Amount of Bounty advanced

fhall be made accordingly.

kept true and regular Entries of the Names, Additions, Places of Refi tence, Parifh and other Defcriptions of the Perfons they fhall enrol as aforesaid, and the feveral Sums which shall have been advanced and paid to fuch Perfona refpectively, and fhall tranfmit regular Copies of fuch Entries, certified by them refpectively, as well as by the Adjutant and Pay mafter of the Regiment or Battalion refpectively, to the Office of the Chief Secretary of the Lord Lieutenant or other Chief Governor or Governors of Ireland.

CXXXVII. And be it further enacted, That the faid Chief Se cretary fhall caufe Copies of the Returns of the Men thus enrolled, and the Sums advanced to fuch Men refpectively, to be tranfmitted to the feveral and refpe&ive Treasurers for the feveral Counties and Counties of Cities and Towns in Ireland, Ten Days at leaft previous to the then next enfuing General Affizes, which fhall not commence within fuch Ten Days; or if to the Treasurer of the County and City of Dublin, within Fourteen Days previous to the then next prefenting Term, which fhall not commence within fuch Fourteen Days; and the faid feveral Treafurers fhall, and they are hereby refpectively required to lay the faid Returns before the Judges of Affize on the Commiffion Day of fuch Affizes, or in the County and City of Dublin before the Court of King's Bench, on the First Day of fuch Term, and before the respective Grand Juries for fuch Counties or Counties of Cities and Towns fhall be fworn, and the faid Judges or the faid Court, as the Cafe may be, fhall and they are hereby required to give the fame, except as herein-after excepted, in charge to the faid Grand Juries, in order that the Sums thus expended may be prefented and raised off the faid Counties or Counties of Cities or Towns, or any Barony or Laronies, Parifh or Parishes therein refpectively as fuch Grand Juries respectively fhall think proper, which faid Prefentments the faid refpe&ive Grand Juries are hereby refpect, ively authorized and required to make, unlefs the Amount of the Sum thus to be raised fhall appear to the faid refpective Grand Juries too large to be raised at one Affizes, or at one prefenting Term, within the refpective Counties or Counties of Cities or Towns, in which Cafe it fhall and may be lawful for the faid feveral Grand Juries, by and with the Concurrence of the Judges of the faid Aflizes, or the faid Court, to present any Part of fuch Sum, not lefs than one Moiety thereof, at such Affizes or Terms, and the Refidue shall in like Manner be given in charge and prefented by the Grand Jury of fuch County or County of a City or Town, or Grand Juries of fuch refpective Counties or Counties of Cities or Towns, as the Cafe may be, at the then next enfuing Affizes or prefenting Term; and in cafe the Grand Jury of any County or County of a City or Town fhail, after the Judges of the Court fhall have given the fame in charge to them, omit, neglect, or refufe to prefent the fame. then and in every fuch Cafe it fhall and may be lawful for the faid Judges of Affize, or the Court of King's Bench refpectively, and they are hereby refpectively required to order and direct the Treafurer of fuch County or County of a City, to include the whole of fuch Sum, and return the fame among the Prefentments of the County, fo that the fame fhall be raised and levied forthwith; and it fhall not be lawful to traverse any fuch Prefentment: Provided always, that within every County of a City and County of a Town all Sums fo prefented fall and may be raifed by an Affeffment on Houfes and Land, according to a Valuation

of

of the fame refpectively, in fuch Manner as fuch Grand Jury shall from Time to Time order and direct.

CXXXVIII. And be it further enacted, That the feveral Trea- Levying of Sums furers of the refpective Counties and Counties of Cities and Towns as to be prefented. aforefaid, fhall collect and receive the said several Sums, and shall forthwith pay the fame to the Collector of Excife for such County or County of a City or Town or in cafe there fhall be in any County Two or more Districts, with Two or more Collectors refpectively, or Parts of fuch Dittricts, then to the Collector of that Part of fuch County in which the County Town is fituate and every fuch Collector fhall, and he is hereby required to give a Receipt for all Sums of Money that fhall be fo paid to him as aforefaid, and fuch Receipt thall be lodged among the Records of fuch County, and fhall be a Difcharge and Acquittance to fuch County for all fuch Men as fhall be so raised, for the Time for which they shall be fo enrolled to ferve as aforefaid, unless Vacancies fhall occur by Death, Desertion, or lawful Difcharge, CXXXIX And Whereas feveral Regiments and Battalions of Militia have been augmented in Manner herein-before mentioned, to the Establishment of One Hundred Rank and File per Company, with the ufual Proportion of Commiffioned and Non-commiffioned Officers, and the Refidue of the faid Regiments and Battalions, ♦ or any of them, may hereafter be fo augmented;' Be it enacted, That whenever any Vacancy or Vacancies thall occur by Death, De Vacancies in fertion, or lawful Discharge, in any Regiment or Battalion which fhall augmented have been or fhall be fo augmented, during the Continuance of fuch Begiments fhall be filled up by Augmentation. fuch Vacancies fhall from Time to Time be filled up Volunteers, and by enrolling Volunteers, and not by ballotting, and for that Purpofe Seven-Tenths of it fall and may be lawful for the feveral Colonels or Commanding the Expence Officers of fuch Regiments to procure and enrol Volunteers to fill up thall be levied hy fuch Vacancies, and to make Returns in Manner herein-before directed, which Returns fall be fent and given in Charge to the several Grand Juries refpectively in Manner aforefaid, and the feveral Grand Juries of the Counties or Counties of Cities, at the respective enfuing Affizes or prefenting Term, fhall thereupon prefent fuch Sum of Money as fhall 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 Chief Governor or Governors of Ireland for the Time being, for the procuring and enrol ing fuch Volunteers to fupply fuch Vacancies, or in default of fuch Prefentment the Judge of Affize or the Court fhall order and dire& the Treasurer of the County, or County of the City, to include fuch Sum, and return the fame among the Prefentments thereof, fo that the fame fhall be raised and levied forthwith; and every such Sum fhall be levied, cole lected, and received by the Treasurers of the Counties or Counties of Cities, and paid by them to the Collectors of Excife, in like Manner as is herein-before directed with refp: &t to the other Sums directed to be prefented, levied, collected, and paid, under the Authority of this A&: Provided always, that in any County, County of a City or Vacancies in Town, where the Militia Men ferving fhall have been or fhall be ap. original Quota portioned in Manner herein-before directed, among the feveral Parishes may be fupplied and Districts, it fhall and may be lawful to proceed from Time to by Ballot: Time by Ballot, for the filling up of Vacancies for the original by Volunteers, In Augmentation Quota of fuch County, County of a City or Town; and that all under Vacancies arifing in the augmented Numbers fhall be filled up by the 44 G. 2. c. 28, Volunteers,

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Prefentment b the Counties.

The embodying of any Militia nay be fufpended, &c.

Fine on County of 101. per

Man deficient.

A.D. 1809. Volunteers, in fuch Manner as is directed by the faid recited A& of the Forty-fourth Year, intituled, An Ad for empowering His Majefly to direct the Augmentation of his Militia Forces in Ireland, to an Extent therein limited; any Thing herein-before contained to the contrary notwithtanding.

CXL. Provided always, and be it further enacted, That if it fhall be deemed inexpedient by His Majefty, or the Lord Lieutenant or other Chief Governor or Governors of Ireland, in Council, to raife, embody, cr continue any Regiment or Battalion of Militia in any County or City in Ireland, it shall be lawful for His Majetty, or for the faid Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being, by and with the Advice of the Privy Council of Ireland, to forbid the railing, or embodying of fuch Regiment or Battalion, and to lay all Proceedings therein for fuch Time as shall be deemed expedient, or to order that all or any of the faid Regiments or Battalions fhall be difembodied and wholly cease and determine; any Thing in this A&t to the contrary in anywife notwithstanding,

CXLI. And be it further enacted, That if it fhall happen in any Cafe that the Number of Militia Mon duly appointed or to be ap Annum for every pointed to be raised for any Regiment or Battalion of Militia of Ireland, fhall not be reifed within Three Calendar Months from and after the Time when the fame ought to be raised by Ballot as aforefaid, or within Four Months from the Date of the Order for railing the fame. by enrolling Volunteers, then and in every fuch Cafe the County or County of a City or Town in which fuch Namber of Militia Men ought to be railed, fhall be charged with the Payment of the yearly Sum of Ten Pounds for and in lieu of every private Militia Man fo deficient; and upon Proof on Oath firtt laid by any Governor or Deputy Governor of fuch Deficiency before the Judges of Affize, or in the County or City of Dublin before the Court of King's Bench, it fhall be lawful for fuch Judge of Affize and fuch Court, and they are hereby refpectively required to fine the County or County of a City or Town, or fuch Diftrict, Baronies or Barony, or Parish or Parishes thereof in which fuch Neglect fail happen, in a Sum after the Rate of Ten Pounds for any Private Mau fo deficient, and to re-. peat the faid Fine annually fo long as the faid Deficiency shall continue, which Fine or Fines fhall be eftreated into His Majesty's Exchequer. and iffued in Procefs, and fhall be duly levied by the Sheriff or other Officers refpectively to whom fuch Procefs fhall be directed refpect. ively; and it fhall not be lawful for the Barons of the Exchequer or Commiffioners of Reducement, on any Account, to take off, release or reduce fuch Fine or Fines, or any Parts thereof.

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CXLII: And be it further enacted, That all fuch Fines, and all other Fines hereby impofed, when not otherwife exprefsly directed, fhall, when levied, be paid into His Majetty's Treafury, and shall be kept feparate and apart from all other Money, and fhall 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 of receiving or iffuing any fuch Money: Provided always, that fuch Money, or any Part thereof, may be applied by or under the Orders of the Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being, if he or they fhall think proper, in providing Substitutes or Volunteers to ferve in the Militia for the Counties, Counties of Cities, or Diftrict, from which fuch Fines refpectively

fhall

fhall have accrued, by applying the fame refpe&tively, or in Eafe and Diminution thereof, either in addition to the Bounties herein-before mentioned refpectively, or partly 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 fhall dire&t.

before a Juftice.

CXLIII. And be it further enacted, That in all Cafes where any Fines exceeding other Mode of Proceeding is not hereby provided, all Fines, Penalties, 20. recoverable and Forfeitures, by this Act impofed, which fhall exceed the Sum in a Court of of Twenty Pounds, fhall be recovered by Action of Debt, Bill, Record; not Plaint, or Information, in any of His Majefty's fuperior Courts of exceeding 20!. Record at Dublin, wherein no Effoign, Privilege or Protection, Wager of Law, or more than One Imparlance fhall be allowed; and that all Fines, Penalties, and Forfeitures, by this Act impofed, which fhall not exceed the fum of Twenty Pounds, fhal, upon due Proof of the Offence before any Juftice of the Peace of the County where the Offence fhall be committed. be levied by Diftrefs and Sale of the Offender's Goods and Chattels, by Warrant under the Hand and Seal of fuch Juftice, rendering the Overplus (if any) on Demand, after deducting the Charge of fuch Diftrefs and Sale, to the Perfon whofe Goods and Chattels fhall have been so distrained and fold; and for Want of fuch Distress such Juttice is hereby required, in all Cafes where no particular Time of Commitment is herein-before directed, to commit fuch Offender to the Common Gaol of the County where the Offence fhail have been committed, for any Time not exceeding Three Months; and the Money arifing by all fuch Fines, Penalties, and Forfeitures, the Application whereof is not other wife directed by this A&t, fhall be paid to the Coll ctors of Excife, and accounted for and paid over by them as all other Monics received by them refpectively.

CXLIV. And be it further enacted, That if any Treafurer of any Penalty on County, any Clerk of the Peace, or any Coll. &tor of His Majefty's Treaturers, Revenue, or of any County or County of a City, Barony or Half Ba. Clerks, &c. for rony, fhall refuse or knowingly neglect to do any Matter or Thing Neglect, 100L required by this A&t to be done by him, or fhall wilfully omit to carry any of the Provilions in this Act refpecting himself or his Office into execution, and shall be thereof convicted by Information or Indictment at the Aflizes or King's Bench in the County or County of the City of Dublin, he fhall be fined any Sum not exceeding One hundred Pounds, at the Difcretion of the Court.

CXLV. And be it further enacted, That all Convictions made by any Governor, or Deputy Governor, or Juftice of the Peace, under this Act, fhall be in the Form here following, or in fome other Form to that or the like Effect; that is to say,

BE it remembered, That on the

in the Year

at

County [or, County of a City or Town] of

Day of

Form of

in the Conviction under this Ac A. B. of was convicted before me E. F. the • Governor, [or, One of the Governors, or, One of the Deputy Governors, or, of the Juftice of the Peace] of the faid County [or County of a City] for that on the

4 at

in the faid

Day of

where the faid A. B.

did [here flate the Offence]. In Witnefs whereof, I thefaid E. F. have hereunto fet my Haud and Seal, this

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Day of

Convictions fhall

not be removed by Certiorari.

Limitation of
Actions, &c.
Six Months.

General Iffue,

Treble Cofts.

Penalty of Perjury on falfe Oaths.

Commencement

of Act.

Which Conviction, or any other Form of Conviction to that or the like Effect. fhall be good, valid, and effectual in Law, without fetting out the Evidence, or flating any other Matter more particularly or otherwife than as aforefaid.

CXLVI. And be it further enacted, That no Order or Conviction made by any Governor or Governors, or by any Juftice or Juftices of the Peace, under or by virtue of this Act, fhall be removed by Certiorari or other Wiit or Procefs, out of the County, City, or Piace wherein fuch Order or Conviction was made, into any of His Majefty's fuperior Courts of Record in Dublin; and that no Writ of Certiorari or other Writ fhall fuperfede anv Execution or other Proceedings upon any fuch Order or Conviction fo made in pur fuance of this A&t. but that the Execution fhail be made thereupon; any fuch Writ or Writs, or Allowance thereof notwithstanding.

CXLVII. And be it further enacted, That if any Action fhall be brought against any Perfon or Perfons for any Thing done in purfuance of this Act, fuch Action or Suit fhalti be commenced within Six Months next after the Fact committed, and not afterwards, and shall be laid in the County or Place where the Caufe of Complaint did arife, and not elsewhere; and the Defendant or Defendants in every fuch Action or Suit may plead the General Iffue, and give this A& and the fpecial Matter in Evidence at any Trial to be had thereupon; and in any fuch Action or Suit, if the Plaintiff or Plaintiffs fhali be ́nonfuited, or discontinue his or their Action or Suit after the Defendant or Defendants fhall have appeared, Judgment fhall be given against the Plaintiff or Plaintiffs, the Defendant or Defendants hall have Treble Cofts, and have the like Remedy for the fame as any Defendant hath in other Cafes to recover Cofts by Law.

CXLVIII. And be it further end, That in all Cafes in the Execution of this Act, when any Matter or Thing is directed to be inquired of or examined into, upon the Oath or Affirmation of any Witness or Wineffes, before any Governor of any County, or any Deputy Governor or Governors, or Juftice or Juftices of the Peace, they and every of them is and are hereby respectively authorized to adminifter fuch Oath or Affirmation to any Witnefs or Witneffes; and that all other Oaths or Affirmations to be taken in pursuance of this A&t fhall and may be refpectively adminiftered by any Governor or Deputy Governor; and every Perfon who shall knowingly or willingly take any falfe Qath or Affirmation in any Matter required by this Act, and be thereof convicted, shall suffer the Penalties of wiltul and corrupt Perjury.

CXLIX. And be it enacted, That this At, and the feveral Claufes, Provifions, Matters, and Things therein contained, fhall commence, take effect, and be of force from and after the Expiration of one Calendar Month after the paffing thereof, and not sooner.

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