Militia with his Regiment or Regiments, Battalion or Battalions, or Corps, or with Part thereof, under the Provifions of the faid recited A& or this A&t, to retain fuch Command, and to continue to act as Colonel or Commanding Officer of any Regiment, Battalion or Corps, or Regiments, Battalions or Corps, fo transferred and become Local Militia, and together with any Regiment of Regular Militia, if he fhall have commanded any Regiment of Regular Militia at the Time of fuch Transfer as aforefaid; any Thing in any Act or Acts of Parliament to the contrary notwithstanding.

XVII. And be it further enacted, That all Officers of Local LieutenantMilitia holding the Rank of Lieutenant-Colonel Commandant, fhall Colonels Com take Rank of and command all other Lieutenant-Colonels ferving in maudant fhall the faid Local Militia, notwithstanding the Commiflions of the faid command LienLieutenant-Colonels fhould be of a prior Date to the Commiffions of fuch Lieutenant-Colonels Commandant.

tenant-Colonels.

XVIII. And be it further enacted, That all Officers of Yeomanry Rank of Officers Corps fhall rank with the Officers of the Local Militia according to of Yeomanry the Dates of their refpective Commiffions.

Corps,

XIX. Provided always, and be it further enacted, That every Officer and of Officers of of Local Militia, who fhall have held any Commiffion in any Volunteer Local Militia Corps at the Time of his becoming an Officer of the Local Militia, holding Comfhall be entitled to rank with the Officers of Yeomanry Corps, miffions in Voaccording to the Date of his Commiffion of the fame Rank in the

Volunteers.

lunteers.

XX. And be it further enacted, That it fhall be lawful for any Vice-Lieutenant Vice-Lieutenant, who fhall be authorised by the Lieutenant for that may grant ComPurpose, to grant Commiffions to Officers to ferve in the Local Militia, millions. in fuch and the like Manner as the Lieutenant giving fuch Authority may grant fuch Commiffions.

XXI. And be it further enacted, That no Commiffion granted No Stamp Duty before the paffing of this Act, or which fhall be granted after the on Commiflions paffing of this A&t, to any Officer in the Local Militia, fhall be fubject in Local Militia. to any Stamp Duty.

XXII. And be it further enacted, That all Bills, Drafts, and Orders, drawn for the Pay or Allowance of the Local Militia, or of any Yeomanry or Volunteer Corps, and alfo all Bills, Drafts, and Orders, by which any Sums of Money or Fines are remitted to the Bank of England, or the Paymaster-General, or any Perfon or Perfons authorized by the Secretary at War to receive Money on account of the Local Militia or Yeomanry or Volunteer Corps, may and fhall be drawn upon unftamped Paper; and no fuch Bill, Draft, or Order, fhall be void by reafon of not being fo drawn or written on ftamped Paper, any Thing in any A&t or Acts of Parliament to the contrary notwithstanding.

Bills for Pay or Money on Account of Local Militia, &c. may be drawn on unftamped Paper.

commodation for

XXIII. And be it further enacted, That it fhall be lawful for His Where Towns in Majefty, by any Order notified by His Secretary of State, upon the the Country do Application of the Lieutenant of any County in which the principal not afford AcTown or Towns of fuch County fhall not afford fufficient Accomquartering Local modation for the quartering of the Local Militia of the County, during Militia, they may the training and exercifing of fuch Local Militia, or in any Cafe in be marched into which it may be more convenient with refpect to the Refidence of an adjoining the Perfons enrolled in fuch Local Militia, and to the Distance which County. fuch Perfons may have to march for the Purpose of being trained and exercised, to authorize and allow, and to order the Local Militia of

fuch

Adjutants and
Non-commif-

fioned Officers of
Local, may train
Regular, Militia
Men until

marched to their
Regiment.
[See 49 G. 3.
<. $2. §2.]

Colonels may
appoint Quarter

Masters for
Regiments of
Local Militia.

Qualification for Officers [of Local Militia] may be in any Part of Great Britain.

[See 49 G. 3. c. 82. §3.]

Local Militia Officers not exempt from being Sheriffs.

Serjeants, &c. not allowed to enlift in

A.D. 1809. fuch County, or any Regiments or Regiment thereof, to be marched into any adjoining County for the Purpose of training and exercifing; any Thing in the faid recited A&t to the contrary notwithstanding.

XXIV. And be it further enacted, That it fhall be lawful for the Adjutants, Quarter Mafters, and alfo for the Non-commiffioned Officers of the Local Militia, being on permanent Pay as fuch, to receive and command, and train and exercise any Men enrolled for the Regular Militia of their respective Counties at any Time after their Enrolment, and for any Period, until they can conveniently be marched and shall be ordered to march to their refpective Regiments; and all fuch Adjutants, Quarter Mafters, and Non-commiffioned Officers, fhall for fuch Purpose have the like Command over fuch Men as any Officer of the Regular Militia of the County to which they belong, and fhall for that Purpofe, and as to all the Provifions of any Act for Punishment of Mutiny and Defertion, be deemed and conftrued to be Officers for the Time being of fuch Regular Militia having the Command of fuch Men.

XXV. And be it further enacted, That it fhall be lawful for the Colonel or Commanding Officer of any Regiment of Militia to appoint any fit and proper Perion, with the Approbation of His Majefty, to be Quarter-Master of his Regiment of Local Militia, although fuch Perfon fhall not have ferved in His Majesty's other Forces, or in the embodied Militia, as required by the Provifions of the said Act paffed in the Forty-fecond Year aforefaid, and fuch Perfon may be appointed to ferve with fuch Rank as is in the faid Act mentioned.

XXVI. And be it further enacted, That every Eltate of the Value, or to the Amount, or of the Defcription fpecified in the feveral Acts relating to the Militia as a Qualification for any Officer in the Militia. fituate, lying, or being in any Part of Great Britain, fhail, from and after the paffing of this Act, be, and be deemed and conftrued to be a good and valid Qualification, although the fame fhall not be fituate in the County to which the Officer having fuch Estate shall belong; any Thing in any A&t or Acts of Parliament to the contrary notwithstanding.

XXVII. And be it further enacted, That no Person shall be entitled to claim any Exemption, or to be exempt from serving the Office of Sheriff, by reafon of holding any Commiffion in the Local Militia ; any Thing in any Act relating to the Militia to the contrary notwith ftanding.

XXVIII. And be it further enacted, That no Serjeant, Corporal, or Drummer, of any Regiment of Local Militia, on permanent Pay as fuch, or as a Mufician in the Band of the Regiment of Local Militia Regulars without Confent of Com- to which he fhall belong, fhall be entitled to his Discharge, or be manding Officer. allowed to enlift into the Army, Navy, or Marines, or Regular Militia, or to engage himself as a Subftitute or Volunteer in the Regular Militia at any Time, whether the Regiment to which fuch Non-commiffioned Officer or Drummer or Mulician fhall belong, fhall be affembled for the Purpose of annual Training and Exercise or not, unless with the Confent in Writing of the Commanding Officer of his Regiment given for that Purpose.

Men fhall not change their

Regiments on removing from one Part of a County to another.

XXIX. And be it further enacted, That no Perfon who shall be enrolled in any Regiment of Local Militia fhall be removed or transferred from the Regiment in which he fhall have been placed upon his Enrolment, by reafon of his removing from any one Division or Part

of

of his County to any other Divifion or Part of his County, but any fuch Perfon fhall, notwithstanding fuch Removal, be obliged to join his Regiment wherever the fame fhall be affembled or called out under the Provifions of the faid recited, Act or this Act; any Thing in the faid recited Act to the contrary not withstanding.

XXX. Provided always, and be it further enacted, That it fhall not be lawful for any Ferfon enrolled to ferve as a Local Militia Man to remove from one County to another County, or from one Divifion to another Divifion of the fame County, during the Time that the Regiment to which he belongs fhall be affembled, without having first obtained the Confent of his Commanding Officer exprefled in Writing.

XXXI. And be it further enacted, That no Commiffioned or Noncommiffioned Officer or Private Man in the Local Militia, fhall be fubject to any of the Provifions contained in any Act of Parliament which fhall be in force for the Punishment of Mutiny and Desertion, and for the better Payment of the Army and their Quarters, or any Articles of War made in pursuance thereof, except during fuch Time as he shall be receiving the Pay of his Rank in the Local Militia, or fhall be called out or affembled or embodied under any of the Provifions of the faid recited A&.

Men fhall not remove while the Regiment is

affembled.

Local Militia fhall not be fubject to

unlefs when Mutiny Act, receiving Pay, or embodied.

one Act.

XXXII. And be it further enacted, That all and every the Pro- This Act and visions of this A&t hall, in Execution of the faid recited Act, be recited Act tha ufed and applied and conftrued in like Manner as if the fame Provifions be conftrued as were fpecially enaЯted in the faid Act, and ali and every the Provifiona of the faid Act fhall, in the Execution of this A&t, except where the fame are thereby exprefsly varied, be ufed and applied, extended and construed, in like Manner as if the fame Provifions (except as aforefaid) were fpecially enacted in this Act.

"Aft may be altered this Seffion. § 33. [See 49 G. 3. c. 82. § 129.]

CA P. XLI.

An Act to amend an Act made in the Forty-eighth Year of His prefent Majefty, to provide that British Ships captured by the Enemy, becoming the Property of British Subjects, shall not be entitled to the Privilege of British Ships.

[12th May 1809.]

THEREAS by an A&t paffed in the Forty-eighth Year of His

prefent Majefty's Reign, intituled, An Act to provide that 48 G. 3. c. 70 British Ships which shall be captured by the Enemy, and shall afterwards become the Property of British Subjects, fhall not be entitled to the Privilege of British Ships, it is enacted, that no British built Ship or Veffel which has been captured by the Enemy, and which fhall not have been registered de novo before the First Day of October One thousand eight hundred and eight, nor any Britifb-built Ship or Veffel which fhall thereafter be captured by the Enemy, fhall be registered as a Britishbuilt Ship or Veffel; but every fuch Ship or Veffel, although owned by a British Subje& or Subjects, fhall be deemed and taken to all Intents and Purposes as a Foreign-built Ship or Veffel: And whereas it may be an Eacouragement to the Recapture of fuch Ships and Vaffels, if fuch recaptured Ships and Veffels were admitted to the Privilege of British-built Ships and Veffels as before their Capture

8

• by

British-built

Veffels, if recaptured may be registered, and

have the Privilege of British Ships.

Scotch Act 1685, cap. 38.

Clerks of Burgh
Courts fhall not
record Probative
Writs, or Deeds,

in virtue of Claufes of Registration: except that

Clerks of Royal Burghs may record Protefts on Bills; and Inftruments of Seifin of Tene ments within

Burghs;

by the Enemy,' Be it therefore enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That every British-built Ship or Veffel recaptured from the Enemy by any of His Majesty's Ships of War, or by any Ship or Veffel having Letters of Marque and Reprizal, or by any Ship or Veffel of War belonging to any State in Alliance with His Majefty, may be registered, and fhall be deemed and taken to have the Privileges of a British-built Ship or Veffel, in the fame Manner as if it had not been captured by the Enemy; any Thing in the faid Act to the contrary in any wife notwithstanding.

CA P. XLII.

An Act for better regulating the Publick Records of Scotland. [12th May 1809.]

WHEREAS Irregularities and Inconveniences have arisen or may arife from the unneceffary Multiplicity of Registers in Scotland in which Deeds and other Writings may be competently recorded, either for Execution or for Prefervation: And whereas the Laws heretofore devised for regulating the Formation and Cuftody of the Publick Records, and more efpecially of those in the Local Regiftries throughout Scotland, have not been found effectual; and it is of high Importance that the whole of the Publick Records within that Part of the United Kingdom fhould be placed under one general and effectual Plan of Management and Controul: And whereas by an A&t of the Parliament of Scotland, paffed on the Thirteenth Day of June in the Year One thousand fix hundred and eighty-five, intituled, A concerning the Registration of Writs in the Books of Seffion, it is, inter alia, ftatuted and ordained, "That no Clerk of interior Court for the future prefume to registrate any Writs in his Books, either for Confervation, or where Execution is to pafs against any Party that dwells without the Jurifdi&tion, under the Pain of Deprivation, and of Five hundred Merks of Penalty, the one Half to His Majefty, and the other Half to the Party Purfuer," which Provifions of the aforefaid A&t it has become neceffary to renew, modify, and enlarge; May it therefore please Your Majefty that it may be enacted;' and be it enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That from and after the Expiration of Six Months after the paffing of this Act, but with and under the Exceptions and Refervations herein-after-mentioned, it fhall not be lawful for the Clerks of Royal Burghs, or of Burghs of Regality or Barony within Scotland, to receive any Deeds or other Writings for the Purpofe of being recorded by them in the Books or Registers of their refpective Courts, either in virtue of an A&t of the Parliament of Scotland paffed on the Thirtieth Day of Auguft in the Year One thousand fix hundred and ninety-eight, intituled, A concerning Regiflration of Probative Writs, or in virtue of any Clause contained in fuch Deeds and Writings, confenting that the fame should be recorded either for Preservation thereof, or for Execution: Provided always, that this A&t shall not extend to or affect the Right

of

and Deeds

relating exclu fively to fuch

Tenements;

or any Deeds where all the

domiciled

of the Clerks of Royal Burghs to receive Inftruments of Proteft on Bills of Exchange, Inland Bills and Promiffory Notes, and to record the fame: Provided alfo, that this Act fhall not extend to or affect the Right of the Clerks of Royal Burghs to record in their Books Inftruments of Seifin and other Writs relative to heritable Property holding in Burgage and fituated within their refpe&ive Burghs or Li- Parties are berties thereof in virtue of an Act of the Parliament of Scotland, paffed Burgeffes or on the Sixth Day of September in the Year One thousand fix hundred Inhabitants. and eighty-one, intituled, A concerning the Regiflration of Seifins and Reverfions of Tenements within Burgh: Provided alfo, that this Act fhall not extend to or affect the Right of the Clerks of Royal Burghs to receive and record Difpofitions, Tacks, and other Deeds, relating exclufively to the Property or Poffeffion of Subjects holding in Burgage and fituated within fuch Burghs or Liberties thereof refpectively, or any Deeds or Inftruments where all the Parties to the fame fhall be Burgeffes or have a legal Domicil within fuch Burghs, at the Time that fuch Deeds or Inftruments fhall be prefented for Registration.

fhall not record

II. And be it further enacted, That from and after the Expiration Clerks of Comof Six Months after the paffing of this Act, it shall not be lawful for millary Courts the Clerks of the feveral Commiffary Courts within Scotland, to receive Probative Writs any Deed or other Writing for the Purpose of being recorded by them or Deeds, in in the Books or Regifters of their refpective Courts, either in virtue of virtue of Claufes the above-mentioned Act of the Parliament of Scotland, paffed on the of Registration. Thirtieth Day of August in the Year One thoufand fix hundred and ninety-eight, or in virtue of any Claufe contained in fuch Deeds or Writings confenting that the fame fhould be recorded either for Prefervation ther of or for Execution, or in virtue of an Act of the Parliament of Scotland, pafied on the Sixteenth Day of September in the Year One thoufand fix hundred and eighty-one, intituled, A concerning Bills of Exchange, or of any Acts of the Parliament of Great Britain author zing the Registration of Bills and Prom fory Notes for the Purpote of fummary Execution.

Officers difobeying.

III. And be it further enacted, That, if after the Date aforefaid, Penalties on any of the Clerks of Royal Burghs, or Burghs of Regality or Barony, or any of the Clerks of the Commillary Courts within Scotland, fhall receive any of the above-mentioned Deeds or Writings, for the Purposes of recording the fame in their refpective Books or Registers, or fhall transcribe the fame into their Books, or fhall give forth Copies thereof, bearing to be Extracts from their refpective Books or Registers, excepting as above excepted, the aforefaid Books, Copies, and Extras, fhall not make Faith or be of any Avail or Authority whatever; and the aforefaid Clerks or others fo offending, fhall be liable in a Penalty of Five Pounds for each Offence, which may be fued for and fhall be recoverable to his own Ufe, together with the Expences of Process, by the Sheriff Clerk or Stewart Clerk of the Shire or Stewartry within which fuch Offence fhali have been committed, on a fummary Complaint to the Sheriff Depute or Stewart Depute of fuch Shire or Stewartry; and in default of fuch Profecution at the Inftance of the Sheriff Clerk or Stewart Clerk, within Twelve Months from the Date of the Commission of such Offence, then fuch Penalty fhall and may be fued for and recovered, together with the Expences of Procefs, by the Lord Clerk Regifter on a fummary Complaint prefented within Three Years after the Date of 49 Geo. III.

G

fuch