Page images
PDF
EPUB

Militia with his Regiment or Regiments, Battalion or Battalions, or Corps, or with Part thereof, under the Provisions of the said recited A& or this Act, to retain such Command, and to continue to act as Colonel or Commanding Officer of any Regiment, Battalion or Corps, or Regiments, Battalions or Corps, lo 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 such Transfer as aforesaid; any Thing in any Ad or Ads of Parliament to the contrary notwithAtanding.

XVII. And be it further enacted, That all Officers of Local LieutenantMilitia holding the Rank of Lieutenant-Colonel Commandant, shall Colonels Como take Rank of and command all other Lieutenant-Colonels serving in maudant thali the said Local Militia, notwithstanding the Commiflions of the said command Lieb

tenant-Colonel.. Lieutenant.Colonels should be of a prior Date to the Commissions of such Lieutenant-Colonels Commandant.

XVIII. And be it further enacted, That all Officers of Yeomanry Rank of Oficers Corps shall rank with the Officers of the Local Militia according to of Yeomanry the Dates of their respective Commissions.

Corps, XIX. Provided always, and be it further enacted, That every Officer andof Oficers of of Local Militia, who shall have held any Commission 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 Vo

lunteers according to the Date of his Commission of the fame Rank in the Volunteers.

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

XXI. And be it further enacted, That no Commission granted No Stamp Dary before the passing of this Act, or wbich shall be granted after the on Commillioras paffing of this Aą, to any Officer in the Local Militia, shall be subje& in Local Militia. to any Stamp Duty.

XXII. And be it further enacted, That all Bills, Drafts, and Bills for Pay or Orders, drawn for the Pay or Allowance of the Local Militia, or of Money on any Yeomanry or Volunteer Corps, and also all Bills, Drafts, and Account of

Local Milicia, Orders, by which any Sums of Money or Fines are remitted to the

&c. may be Bank of England, or the Paymaster-General, or any Person or Persons drawn on unauthorized by the Secretary at War to receive Money on account of stamped Paper. the Local Milicia or Yeomanry or Volunteer Corps, may and shall be drawn upon unitamped Paper; and no such Bill, Draft, or Order, shall be void by reason of not being so drawn or written on stamped Paper, any Thing in any AA or Acts of Parliament to the contrary notwithstanding

XXUT. And be it further enacted, That it shall be lawful for His Where Towns in Majesty, 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 Ac

commodation for Town or Towns of such County shall not afford sufficient Accommodation for the quartering of the Local Militia of the County, during Militia, they may

quartering Local the training and exercising of such Local Militia, or in any Case ia be marched inte which it may be more convenient with resped to the Residence of an adjoining the Persons enrolled in such Local Militia, and to the Distance which County. such Persons may have to march for the Purpose of being trained and cxercised, to authorize and allow, and to order the Local Militia of

such

Colonels may

fuch Countv, or any Regiments or Regiment thereof, to be marched into any adjoining County for the purpose of training and exercising ;

any Thing in the said recited Ad to the conirary notwithstanding. Adjutants and XXIV. And be it further enacted, That it shall be lawful for the Non-commif Adjutants, Quarter Masters, and also for the Non-commissioned Officers fioned Officers of of the Local Militia, being on permanent Pay as such, to receive Regular, Militia and command, and train and exercise any Men enrolled for the Regular Men until Militia of their respective Counties at any Time after their Enrolment, marched to their and for any Period, until they can conveniently be marched and shall Regiment. be ordered to march to their respective Regiments; and all such (See 49 G. 3.

Adjutants, Quarter Masters, and Non-commiflioned Officera, fhall c. $2. $ 2.)

for such Purpose have the like Command over such Men as any Officer of the Regular Militia of the County to which they belong, and shall for that Purpose, and as to all the Provisions of any AA for Punishment of Mutiny and Desertion, be deemed and conftrued to be Officers for the Time being of such Regular Militia having the Command of such Men.

XXV. And be it further enacted, That it shall be lawful for the appoint Quarter Colonel or Commanding Officer of any Regiment of Militia to appoint Masters for

any fit and proper Perion, with the Approbation of His Majesty, to be Regiments of Local Militia. Quarter-Master of his Regiment of Local Militia, although such

Person shall not have served in His Mujeity's other Forces, or in the embodied Militia, as required by the Provisions of the said Ae passed in the Forty-second Year aforesaid, and such Person may be appointed

to serve with such Rank as is in the faid Act mentioned. Qualification for XXVI. And be it further enacted, That every Estate of the Value, Officers (of or to the Amount, or of the Description specified in the several Aas Local Militia] relating to the Militia as a Qualification for any Officer in the Militia, may be in any l'art of Great

fituare, lying, or being in any Part of Great Britain, Thail, from and Britain.

after the passing of this Act, be, and be deemed and construed to be (See 49 G. 3. a good and valid Qualification, although the same shall not be fituate C. 82. $ 3.] in the County to which the Officer having such Estate shall belong ;

any Thing in any AA or Acts of Parliament to the contrary

notwithftanding. Local Militia XXVII. And be it further enacted, That no Person shall be entitled Officers not to claim any Exemption, or to be exempt from serving the Office of

Sheriff, by reason of holding any Commission in the Local Miitia ; being Sheriffs.

any Thing in any A& relating to the Militia to the contrary not

withftanding Serjeants, &c. XXVIII. And be it further enacted, That no Serjeant, Corporal, not allowed to

or Drummer, of any Regiment of Local Militia, on permanent Pay as cnlift in

such, or as a Musician in the Band of the Regiment of Local Militia Regulars without Consent of Com- to which he shall belong, shall be entitled to his Discharge, or be manding Officer. allowed to enlist into the Army, Navy, or Marines, or Regular

Militia, or to engage himself as a Substitute or Volunteer in the Re gular Militia at any Time, whether the Regiment to which such Non-commissioned Officer or Drummer or Mulician shall belong, shall be assembled for the Purpose of annual Training and Exercise or not, unless with the Consent in Writing of the Commanding Officer of his

Regiment given for that Purpose. Men shall not XXIX. And be it further enacted, That no Person who shall be change their enrolled in any Regiment of Local Militia shall be removed or transRegiments on

ferred from the Regiment in which he shall have been placed upon his senoving from one Part of a

Enrolment, by reason of his removing from any one Division or Part County to

of auther.

exempt from

of his County to any other Division or Part of his County, but any such Person shall, notwithstanding such Removal, be obliged to join his Regiment wherever the same shall be assembled or called out under the Provisions of the said recited, Ad or this Act; any Thing in the said recited Act to the contrary not withstanding.

XXX. Provided always, and be it further enacted, That it shall not Men shall not be lawful for any Ferson enrolled to serve as a Local Militia Man to remove while the remove from one County to another County, or from one Division Regiment is

assembled. to another Division of the same Connty, during the Time that the Regiment to which he belongs shall be assembled, without having firt obtained the Consent of his Commanding Officer exprefled in Writing.

XXXI. And he it further enacted, That no Commissioned or Non. Local Militia commissioned Officer or Private Man in the Local Militia, shall be shall not be subject to any of the Provisions contained in any A&t of Parliament fubject to which shall be in force for the Punishment of Mutiny and Desertion,

Mutiny Act,

unless when and for the better Payment of the Army and their Quarters, or any receiving Pay, or Articles of War made in pursuance thereof, except during such Time embodied. as he shall be receiving the Pay of his Rank in the Local Militia, or Thall be called out or assembled or embodied under any of the Pro. visions of the faid recited A&t.

XXXII. And be it further enacted, That all and every the Pro. This Act and visions of this A& hall, in Execution of the said recited Act, be recited Act thal used and applied and construed in like Manner as if the same Provisions be construed as were specially erated in the said Act, and all and every the Provisions of the said Ad shall, in the Execution of this A&, except where the same are thereby expressly varied, be used and applied, extended and construed, in like Manner as if the fame Provisions (except 28 aforesaid) were specially enacted in this Act. A&t may be altered this Sefion. $ 33. [See 49 G. 3. c. 82. § 129.]

one Act.

CAP. XLI.
An Act to amend an Act made in the Forty-eighth Year of His

present Majesty, 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 Ad passed in the Forty-eighth Year of His

present Majesty's Reign, intituled, An det 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 Subjeas, fall not be entitled to the Privilege of British Ships, it is enacted, that no britishs-built Ship or Vesel • whic' has been captured by the Enemy, and which shall not have been

registered de novo before the First Day of Odober One thousand eight

hundred and eight, nor any Britisb-built Ship or Vefsel which shall • thereafter be captured by the Enemy, shall be registered as a British.

built Ship or Velfel; but every luch Ship or Vellel, although owned e by a British Subject or Subjects, Mall be deemed and taken to all In.

tents and Purposes as a Foreign-built Ship or Velfel: And whereas it may be an Encouragement to the Recapture of such Ships and Vaffeis, if such recaptured Ships and Veffels were admitted to the Privilege of Britif.built Ships and Vessels as before their Capture 8

• by

.by the Enemy;' Be it therefore enacted by the King's most Ex. cellent Majesty, by and with the Advice and Consent of the Lords

Spiritual and Temporal, and Commons, in this prefent Parliament British-built afsembled, and by the Authority of the same, That every Britisb-built Vessels, if recap- Ship or Vessel recaptured from the Enemy by any of His Majesty's tureal may be

Ships of War, or by any Ship or Vessel 'having Letters of Marque registered, and have the Privilege and Reprizal

, or by any Ship or Veffel of War belonging to any of British Ships. State in Alliance with His Majesty, may be registered, and shall be

deemed and taken to have the Privileges of a British-built Ship or
Vessel, in the famae Manner as if it had not been captured by the
Enemy; any Thing in the said Act to the contrary in any wise
notwithstanding,

CA P. XLII.
An Act for better regulating the Publick Records of Scotland.

[12th May 1809.] :W

THEREAS Irregularities and Inconveniences have arisen or

may arise from the unnecessary Multiplicity of Registers in Scotland in which Deeds and other Writings may be competently • recorded, either for Execution or for Preservation : And whereas

the Laws heretofore devised for regulating the Formation and Custody of the Publick Records, and more especially of those in the Local Registries 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 should be placed under Scotch Act one general and effe&ual Plan of Management and Controul: And 1685, cap. 38.

whereas by an Ad of the Parliament of Scotland, palled on the • Thirte:nth Day of June in the Year One thousand fix

hundred and eighty-five, intituled, la concerning the Registration of Writs in the Books of Seffion, it is, inter alia, itatuted and ordained, " That no • Clerk of inferior Court for the future prefume to registrate any Writs • in his Books, either for Conservation, or where Execution is to pass • againt any Party that dwells without the Jurisdi&ion, under the • Pain of Deprivation, and of Five hundred Merks of Penalty, the

one Half to His Majesty, and the other Half to the Party Pursucr," • which Provisions of the aforesaid A& it has become necessary to

renew, modify, and enlarge ; May it therefore please Your Majesty • that it may be enacted ;' and be it enacted by the King's moft Ex, cellent Majesty, by and with the Advice and Consent of the Lords

Spiritual and Temporal, and Commons, in this present Parliament Clerks of Burgh assembled, and by the Authority of the fame, That from and after the Courts shall noc Expiration of Six Months after the passing of this A&, but with and record Probative under the Exceptions and Reservations herein-after-mentioned, it shall Writs, or Deeds, not be lawful for the Clerks of Royal Burghs, or of Burghs of Rein virtue of Clauses of

gality or Barony within Scotland, to receive any Deeds or other Registration :

Writings for the Purpose of being recorded by them in the Books or

Registers of their respe&ive Courts, either in virtue of an Ad of the Clerks of Royal Parliament of Scotland passed on the Thirtieth Day of August in the Burghs may

Year One thousand fix hundred and ninety-eight, intituled, A& conrecord Protests on bills; and cerning Registration of Probative Writs, or in virtue of any Clause Instruments of contained in such Deeds and Writings, consenting that the same Seifin of lene- should be recorded either for Preservation thereof, or for Execution : ments within

Provided always, that this A& shall not extend to or affcct the Right Burghs;

og

6

except that

of the Clerks of Royai Burghs to receive Inftruments of Proteft on and Deeds Bills of Exchange, Inland Bils and Promiffory Notes, and to record relating excluthe same: Provided also, that this Aa thall not extend to or affc&t fively to such

Tenements; the Right of the Clerks of Royal Burghs to record in their Books

or any Deeds Instruments of Scilin and other Writs relative to heritable Property where all the holding in Burgage and fituated within their respe&tive Burghs or Li. Parties are berties thereof in virtue of an Act of the Parliament of Scotland, passed Lurgeffes or

domiciled on the Sixth Day of September in the Year One thousand fix hundred

Iuhabitants. and ciyhty-one, intituled, Aa concerning the Registration of Seifins and Reverhons of Tenements within Burgh: Provided also, that this Act shall not extend to or affect the Right of the Clerks of Royal Burghs to receive and record Dispositions, Tacks, and other Deds, relating exclusively to the Property or Pufeffion of Subjects holding in Burgaze and lituated within such Burghs or Liberties thereof respectively, or any Deeds or In{truments where all the Parties to the same thall be Burgesses or have a legal Domicil within such Burghs, at the time that such Deeds or Inftruments fhall be presented for Registration.

II. And be it further enacted, That from and after the Expiration Clerks of Comof Six Months after the pafling of this Act, it shall not be lawful for miflary Courts the Clerks of the several Commissary 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 Registers of their respective Courts, either in virtue of virtue of Clauses the above-mentioned A&t of the Parliament of Scotland, palled on the of Registration. Thirtieth Day of August in the Year One thousand fix hundred and ninety-eight, or in virtue of any Clause contained in such Deeds or Writings consenting that the same should be recorded either for Preservation ther of or for Execution, or in virtue of an Ad of the Parliament of Scotland, pafied on the Sixteenth Day of September in the Year One thousand lix hundred and eighiy.one, intituled, A8 concerning Bills of Exchange, or of any Acts of the Parliament of Great Britain author zing the Registration of Bills and Prom fiury Notes for the Purpose of fummary Execution.

III. And be it further enacted, That, if after the Date aforesaid, Penalties on any of the Clerks of Royal Burghs, or Burghs of Regality or

Officers Barony, or any of the Clerks of the Comm:sary Courts within

disobeying. Scotland, shall receive any of the above-mentioned Deeds or Writings, for the Purposes of recording the same in their respective Books or Registers, or Mall transcribe the same into their Books, or hall give forth Copies thereof, bearing to be Extracts froin their respective Books or Regilters, excepting as above excepted, the aforesaid Books, Copies, and Extra As, Shall not make Faith or be of any Avail or Authority whatever; and the aforesaid Clerks or others fo offending, thall be liable in a Penalty of Five Pounds for each Offeace, which may be sued for and shall be recoverable to his owo Use, together with the Expences of Proceli, by the Sheriff Clerk or Stewart Clerk of the Shire or Stewartry within which such Offence shall have been committed, on a summary Complaint to the Sheriff Depute or Stewart Depute of such Shire or Stewartry; and in default of such Prosecution at the Instance of the Sheriff Clerk or Stewart Clerk, within Twelve Months from the Date of the Commission of such Offence, then such Penalty shall and may be sued for and recovered, together with the Expenc+s of Process, by the Lord Cleik Register on a Summary Complaint presented within Three Years after the Date of 49 G.o. III.

lucha

« PreviousContinue »