respective ranks in the general militia service. duly qualified, and commissioned under any former militia acts 42 G. 3. c. 90. and now actually serving, and who in consequence of the re- Lieutenantduction of the establishment of the regiment, battalion, or corps colonels or main which he is serving will no longer retain his commission; and jors reduced, any officer in the militia duly qualified, who in consequence of to hold their the augmentation of the militia forces hereinafter provided, may be promoted to the commission of lieutenant-colonel or major, and may by any subsequent reduction of that augmentation no longer retain such commission, shall and may continue to rank respectively in the general militia service according to the date of his commission or appointment in the militia so vacated as aforesaid; provided that nothing herein contained shall extend to give any such lieutenant, colonel, or major, any regimental rank. 17. And his majesty may signify his pleasure to the lieuten- Deputy-lieuteant to displace all or any deputy-lieutenants and officers, and nants or officers thereupon such lieutenant shall forthwith appoint others in their may be dis stead. placed. 18. The lieutenant shall from time to time appoint a clerk of the County-lieutegeneral meetings to be holden as hereinafter directed; and may nants and depudisplace such clerk if he shall think fit, and appoint another; and ties to appoint the deputy-lieutenants within their respective sub-divisions, or the clerks of their major part of those present at any sub-division meeting, shall meetings. also from time to time appoint a clerk for their sub-divisions, and may displace him if they think fit, and appoint another. By 53 G. 3. c. 81. § 3. It shall be lawful for the secretary at war for the time being, to require and take from all persons who shall be appointed to the situation of clerks of sub-division meetings after the passing of this act, security by bond, in such sum as to him shall seem reasonable, with two sufficient sureties for the due execution of the trusts reposed in them, and for the duly paying and accounting for, according to law, all sums of money which shall come to their hands as clerks of sub-division meetings; and no appointment of any person after the passing of this act shall be good or valid till such security shall be given; and every person so appointed as aforesaid, and acting as a clerk of sub-division meeting, without having first given such security as aforesaid, shall forfeit, for any time he shall so act before having given such security, the sum of 100l. together with the amount of all money which shall have been paid to him as such clerk of sub-division meetings as aforesaid. 53 G. 3. c. 81. Secretary at war to require clerks of sub divisions hereafter appointed to give security. And by 42 G. 3. c. 90. § 67. in all cases, in the execution of this 42 G. 5. c. 90. act, when any matter or thing is directed to be enquired of or Lieutenants, examined upon oath, before any lieutenant, deputy-lieutenant, or deputies, and justice, he and they are hereby authorised to administer the justices authosame; and all other oaths to be taken in pursuance of this act nister oaths. shall be administered by any lieutenant, or deputy-lieutenant. rised to admi § 171. And the provisions of 24 G. 2. c. 44. for rendering jus- Indemnity of tices more safe in the execution of their office, shall extend to all lieutenants and lieutenants and deputy-lieutenants acting in the execution of this deputy-lieuteor any other act relating to the militia, in like manner as the nants. same extend to justices in the execution of their office. 42 G. 3. c. 90. Number of private men. 2. Number of men to be raised in the respective counties. By f 19. the number of private men to be raised shall be as follows: Chester, with the city and county of the city of Chester 885 647 Cumberland 615 Derby 939 Durham Esser Devon, with the city and county of the city of Exeter Gloucester, with the city and county of the city of Glou- Hereford 1512 411 492 1244 1163 520 Hertford 480 Huntingdon 159 Kent, with the city and county of the city of Canterbury 1296 Lancaster 2439 Leicester 643 Lincoln, with the city and county of the city of Lincoln Monmouth Norfolk, with the city and county of the city of Norwich Northumberland, with the town and county of the town of Oxford 1368 3038 280 1209 724 649 564 603 Rutland Salop 83 991 Somerset Southampton, with the town and county of the town of 1556 850 Stafford, with the city and county of the city of Lichfield Warwick, with the city and county of the city of Coven try 853 Westmorland 243 Worcester, with the city and county of the city of Wor cester 616 Wilts 917 York, West Riding, with the city and county of the city Montgomery verford West Radnor 128 344 201 403 121 279 Pembroke, with the town and county of the town of Ha 201 140 Total 40,963 and thence until others § 20. And such numbers shall continue to be the respective Such numbers quotas, until the 25th day of June 1805, and thence until other to continue the quotas shall be appointed by his majesty's privy council in quotas until manner hereinafter directed; and the respective quotas that shall June 25, 1805, at or after the expiration of the said first mentioned period, and also from time to time at or after the expiration of every successive ten years after such period, be so appointed by the privy council, shall from the appointment thereof continue until other quotas shall be appointed. § 38. The privy council shall, on or before the 25th of June 1805, and from time to time at the expiration of every succeeding period of ten years, take into consideration the number of men fit and liable to serve in the militia, and shall forthwith ascertain and fix the number of men who shall for the next succeeding ten years serve for each county, as near as may be by the proportion that the number of men fit and liable to serve shall bear to the whole number of men by this act directed to be raised; and shall transmit the numbers so fixed to the respective lieutenants, and cause notice of the same to be thrice printed in the London Gazette. shall be settled. The privy council by 25th June, 1805, and every ten years after, to fix the quota. Where the number fixed shall be greater than the former quota, the gene ral meeting shall appoint what number shall be chosen for each division; § 39. And where the number so fixed shall be greater than the former quota, the lieutenant for such county, together with any two or more deputy-lieutenants, and on the death or removal or in the absence of the lieutenant, any three or more deputy-lieutenants shall, at a general meeting to be holden for that purpose, appoint what number of militia men shall serve for each hundred, rape, lathe, wapentake, or other division within such county, and the additional number to make up the whole number so fixed shall be provided in the same manner as other men are by this act to be provided; and all the additional men so provided, or their substitutes, and also all volunteers, shall take the oath by this act required to be taken, and shall be enrolled, or sign their consent to serve in the militia, in such manner as is directed by this act, and in case of refusal, shall be subject to the penalties in like cases inflicted by this act: Provided that where the number so fixed shall be less than the former quota of number shall be such county or place, the lieutenants, together with any two or less, shall dismore deputy-lieutenants, or (on the death or removal, or in the miss the excess absence of the lieutenant) any three or more deputy-lieutenants by ballot. and where the 42 G. 3. c.90. Men dismissed liable to serve. 57 G. 3. c. 57. His majesty may order quotas to be fixed before the 42 G. 3. c. 90. In case of in may increase the militia. shall, at a general meeting to be held for that purpose, dismiss to their own homes, by ballot proportionally out of each hundred, so many men as shall exceed the number so fixed; and those so dismissed shall remain liable to serve in the militia, and shall join any corps serving for the county, from the militia of which they shall have been dismissed, whenever called upon so to do for the purpose of supplying vacancies that may arise in it; and the names of all so dismissed shall be entered in a list; and the deputy-lieutenants shall cause the men necessary for supplying any vacancies that may thereafter arise, to be balloted for out of such list, and so as occasion shall require, so long as any contained in such list can be found fit to supply such vacancies; and every person so balloted who shall not be unfit by reason of sickness or bodily inability, shall serve in the militia upon the conditions and for the remainder of the time for which he shall have engaged to serve before he was so dismissed and as soon as all persons returned in any such list that can be found fit, shall by ballot have supplied such vacancies, the men necessary for supplying future vacancies shall be raised, chosen, and balloted for in manner directed by this act. By the 57 G. 3. c. 57. § 2. His majesty may order and direct that the quotas of the several counties and places shall be ascertained and fixed by the privy council before the expiration of the next period fixed in the 42 G. 3. c. 90. for ascertaining and settling such quotas, and all such proceedings are to be had for apportioning the same and giving effect thereto as if such quotas had been fixed at any period specified in the said act. 3. Supplementary and supernumerary militia. 42 G. 3. c. 90. § 146. In case of invasion, or of imminent danger thereof, and of rebellion, the king may (the occasion being vasion the king first communicated to parliament if sitting, or declared in council and notified by proclamation, if there be no parliament sitting,) by his proclamation order and direct, in addition to the number of men required to be raised under this act, any number of men not exceeding one half of such number to be raised and enrolled. His majesty, by proclamation may disembody the supplementary militia. And all the provisions of this act, relative to the militia are to be applicable to the raising, training, and exercising, and for the embodying and calling out into actual service the supplementary militia. $148. Whenever his majesty shall deem it expedient to reduce any part of the supplementary militia, he shall by proclamation declare such reduction, and if it shall be then embodied, shall disembody the same, or any number of private men equal thereto, whether such men were raised and enrolled in pursuance of any proclamation for raising the supplementary militia, or were enrolled before and serving at the time of the issuing thereof; and the private men so disembodied, or so many of them as may have been enrolled and not embodied at the time of such proclamation, shall nevertheless remain liable to serve for their respective periods of enrolment, and shall, during such periods, supply all the vacancies that may arise in the places for which they shall have been so enrolled, whenever called upon so to do; and the deputy-lieutenants shall cause any man that may be required for supplying any vacancy in the established militia, to be taken from 42 G.3. c. 90. the respective classes, or ballotted as the case may require, according to the provisions of this act relating to the taking men for the militia from classes, until all so remaining liable and fit to serve shall have supplied such vacancies. Provided, that no ballot shall take place for raising any man to supply any vacancy that may arise from any parish or place so long as the same can be supplied from any men, then enrolled for such parish or place that shall remain liable and be fit to serve, and that no man so remaining liable shall be called upon, or be liable to supply any vacancy arising for any other parish or place than that for which he shall be originally enrolled under this act; nor shall such man, so remaining liable (during such time) be capable of being inlisted into his majesty's regular forces. 4. Issuing precepts to return lists. § 21. General Meetings of the lieutenancy shall be holden in Regulations for some principal town; to consist of the lieutenant, together with holding general two deputy-lieutenants at the least, or (on the death or removal, meetings of or in the absence of the lieutenant,) of three deputy-lieutenants lieutenancy. at the least; and one such general meeting shall be holden annually, upon the last Tuesday which shall happen before the tenth day of October in every year, or earlier if occasion shall require; and such lieutenant, together with any two deputy lieutenants, or (on the death or removal or in the absence of the lieutenant) three deputy-lieutenants may summon other general meetings on any days to be fixed by such summons, of which days and the places of holding such meetings notice shall be given in the London Gazette, and also in any weekly newspaper usually circulated in the county, riding, or place, 14 days at least before the days appointed for such meetings; and the expence of all notices shall be paid by the treasurer of the county, and if any annual or other general meeting shall not be attended by the lieutenant and two deputy-lieutenants, or by three deputy-lieutenants, the lieutenant, or any one deputylieutenant attending, may adjourn the same to any other time and to any place within such county, and in case no deputylieutenant shall attend at the time and place appointed for the next meeting (a), then the clerk of the general meetings, or his deputy, shall adjourn such meeting to any other time, to be holden at the same place. § 22. And meetings of the deputy-lieutenants within the sub- Subdivision divisions of the respective counties, shall be holden as hereinafter meetings to be directed, which subdivision meetings shall consist of two deputy- appointed. lieutenants at the least: Provided that where two deputy-lieutenants do not attend, one deputy-lieutenant and one justice may do all things directed to be done by deputy-lieutenants at subdivision meetings. 23. The respective clerks of the subdivision meetings shall, Clerk to give as soon as conveniently may be after any such meeting shall have notice of subdibeen appointed, give notice in writing of the time and place of vision meetings. meeting to such of the deputy-lieutenants resident within such (a) This power of adjournment is very defective...... |