THE STATUTES AT LARGE. A Anno Regni GEORGII III. Britanniarum Regis, T the Parliament begun and holden at Westminster, the Twenty fourth Day of November, Anno Domini 1812, in the Fifty third Year of the Reign of our Sovereign Lord GEORGE the Third, by the Grace of God, of the United Kingdom of * Great Britain and Ireland, King, Defender of the Faith; And from thence continued, by feveral Prorogations, to the Fourth Day of November 1813; being the Second Seffion of the Fifth ♦ Parliament of the United Kingdom of Great Britain and Ireland.? CAP. I. An Act to enable His Majesty to accept the Services of a Proportion of the Militia out of the United Kingdom, for the vigorous Profecution of the War. [24th November 1813.] WHEREAS it is highly important that the most effectual Measures should be adopted for the vigorous Profecution of the War upon the Continent of Europe; and it is therefore expe'dient that His Majefty fhould be empowered to accept any Offers ' of a Proportion of the Officers, Non Commiffioned Officers, Drummers and Private Men, of the Militia of the United Kingdora, to ferve in any Part of Europe, or to transfer their Services to Regiments of the Line, under certain Regulations;' 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 it fhall be lawful for His Majefty to accept the Services, and His Majelly to employ in any Part of Europe, under the Regulations and Re- may accept voftrictions fpecified in this Act, fuch Part of the prefent Regular luntary Offers of Militia of Great Britain, and of the Militia of Ireland, not exceeding to ferve in any cafe three fourths of the Number actually serving in any Regi- in any Part of ment, Battalion or Corps of any fuch Militia, as may make a voluntary Europe. Offer, duly certified by their refpe&tive Commanding Officers, of extending their Services to all Parts of Europe, and as His Majefty may think proper to permit to extend their Services in confequence of fuch voluntary Offers as aforefaid; and it fhall be lawful for His Majesty, by any Order figned by the Principal Secretary of State, or by the Lord Lieutenant or other Chief Governor or Governors of Irad, or by his or their Chief Secretary, directed to the Commanding Officer of any Regiment, Battalion or Corps of the Militia of Great vitain 54 GEO. III. B or Proportion of Bounty of Eight fons making Oath. Enrolment. Discharge. Commanding Officers to explain that Offer is voluntary. Services of Three Field Of ficers accepted with 900 Men; Two Field Officers with 600 Men; and One with 300, &c. and Proportion of other Officers according to Establishment. or Ireland, to propofe to fuch Regiment, Battalion or Corps, or any Part or Parts thereof, not exceeding fuch Proportion as aforefaid, to extend their Services to all Parts of Europe, under fuch Rules and Regulations as His Majefty may think fit to appoint. Il. Provided always, and be it further enacted, That it shall be lawful for His Majefty to direct that a Bounty not exceeding Eight Guineas fhall be allowed to every Non Commiffioned Officer, Drummer and Private Man, who fhall make fuch voluntary Offer as aforefaid; and every Non Commiffioned Officer, Drummer and Private Man, making fuch voluntary Offer as aforefaid, fhall take the following Oath; videlicet, IIA. B. do fincerely promife and fwear, That I will be faithful and bear true Allegiance to His Majesty King George, his Heirs and Succeffors, and that I will faithfully ferve in the Militia in any Part of Europe, during the Remainder of the War, and until the Expiration of Six Months after the Termination thereof, to be reckoned from the Ratification of any Definitive Treaty of Peace, unless I fhall be fooner difcharged.' And every Non Commiffioned Officer, Drummer and Private Man, making fuch voluntary Offer as aforefaid, and taking fuch Oath, fhall be enrolled to ferve in the Militia in any Part of Europe, according to the Terms of fuch Oath; and fuch feveral Enrolments fhall take place and fuch Oaths fhall be administered, by the Officer commanding any Regiment, Battalion or Corps of Militia, or by any Deputy Lieutenant or Juftice of the Peace, at fuch Times, and under fuch Regulations, as His Majesty, by any Order to be figned by the Secretary of State, or by the Lord Lieutenant or other Chief Governor or Governors of Ireland, or his or their Secretary, fhall in that Behalf direct or appoint; and every Non Commiffioned Officer, Drummer and Private Man, fo enrolled to ferve in the Militia in any Part of Europe, under the Provifions of this Act, fhall be entitled to his Difcharge at the Expiration of the Period fpecified in fuch Oath, without any regard to the Period for which he shall have been enrolled to ferve in the Militia under any former Act or Acts of Parliament relating to the Militia, in any Part of the United Kingdom. III. And be it further enacted, That no Perfon ferving in the Militia of any Part of the United Kingdom fhall be compelled to make fuch Offer, or be engaged to ferve out of the United Kingdom for which he is enrolled and ferving, except by his own Confent; and no Commanding Officer fhall certify according to this Act any volun tary Offer, before he fhall have explained to every Perfon offering to ferve, that the Offer is to be purely voluntary on his Part. IV. And be it further enacted, That it fhall be lawful for His Majefty to accept the Services of Three Field Officers of any Regiment of Militia, in which Nine hundred Private Men fhall offer to extend their Services under this Act; and of Two Field Officers of any Regiment, Battalion or Corps of Militia, in which Six hundred Private Men fhall fo offer to extend their Services; and of One Field Officer of any Regiment, Battalion or Corps of Militia, in which Three hundred Private Men, or Three Fourths of the Number of Private Men actually ferving in any fuch Regiment, Battalion or Corps of Militia, fhall fo offer to extend their Services; and in every cafe in which fuch Proportion of Field Officers of any Regiment, Battalion or Corps of Militia, from which fuch Numbers of Men Men respectively shall so volunteer as aforefaid, fhall not offer to extend their Services with fuch Men, it shall be lawful for His Majefty to give the Rank of Field Officers to any Captains in fuch Regiments, Battalions or Corps of Militia refpectively, who may offer to extend their Services with fuch Men; and it fhall also be lawful for His Majefty to accept the Services of fuch Proportion of other Officers, Non Commiffioned Officers and Drummers, with any fuch Numbers of Private Men as shall be allowed to fuch Numbers of Men refpectively in the Establishment of the Regiment, Battalion or Corps to which they respectively belong. Militia for Ex V. And be it further enacted, That it fhall be lawful for His His Majefty Majefty, from time to time to form the Officers, Non Commiffioned may form Officers, Drummers and Private Men, who fhall fo extend their tended Service Services from the Regiments, Battalions or Corps of Militia, into into Provifional fuch Provifional Regiments or Battalions as may be deemed moft Regiments or expedient for His Majefty's Service: Provided always, that in all Battalions. cafes in which a Field Officer of Militia fhall have volunteered for Extended Service in any Part of Europe, the Officer having the Chief Command in fuch provisional Battalions shall be a Field Officer of Militia. VI. Provided always, and be it enacted, That no Officer of the Rank of Officers. VII. Provided always, and be it further enacted, That in any cafe in In what cafe which the Number of Officers of each Rank fo volunteering to extend His Majefty their Services to any Part of Europe, and accepted by His Majefty, may appoint fhall not be in due Proportion to the Number of Men fo volunteering, it fhall be lawful for His Majefty to appoint any fit and proper Perfons to be Officers in fuch provifional Battalions of Militia without regard to the Qualifications now required by Law for fuch Officers in the Militia, and from time to time to fupply any Vacancies which may occur in fuch provifional Battalions of Militia in confequence of the Death, Refignation or Difmiffal of any fuch Officer who shall have been fo appointed by His Majefty: Provided always, that no Person Proviso. fo appointed by His Majefty fhall hold a Commiffion in any fuch provifional Battalion of higher Rank than that of a Subaltern, unless he fhall at the time of fuch Appointment have been an Officer of His Majefty's Regular Forces or Militia: Provided always, that nothing Provifo. herein contained fhall be conftrued to affect the Appointment of Officers, as by Law established, in any case of Vacancy which may occur in confequence of the Death, Refignation or Difmiffal of any Militia Officer who may have volunteered for Extended Service in Europe. are accepted, in VIII. And be it further enacted, That all Commiffioned Officers Officers, whofe of the Militia, whofe Offers of extending their Services to all Parts Offers of Exof Europe under the Provifions of this Act fhall be accepted by His tended Service Majefty, fhall be entitled to Half Pay according to the Ranks in what cafe enti which their Services fhall be accepted to ferve out of the United tled to Half Kingdom, in like manner and under fuch and the like circumstances Pay. Penfions as Officers of His Majefty's Regular Forces; and the Widows of to Widows of all fuch Commiffioned Officers killed in fuch Extended Service fhall Officers. be entitled to receive fuch Penfions for Life as are given to Widows of His Majefty's Regular Forces: Provided always, that no Officer B 2 who Subje to Mutiny Act. Officers and of ficers of Regulars fitting on Courts Martial. How far to remain fubje&t to Militia Regu lations. His Majesty may make Regulations for reaining Officers, &c. as Supernu. meraries, Number of Men in a Company. His Majesty may appoint Officers from Make Battalions who fhall be appointed to fupply any Vacancy which may arise in the Militia on fuch Extended Service fhall be entitled to fuch Half Pay, unless he shall actually join the Militia upon fuch Extended Service. IX. And be it further enacted, That all Officers, Non Commiffioned Officers, Drummers and Private Men, of the Militia extending their Services as Militia to any Part of Europe, fhall, upon leaving the United Kingdom upon fuch Extended Service, and during fuch Service until their Return to the United Kingdom, be subject to all the Laws in force for the Punishment of Mutiny and Desertion, in like manner in every refpect as His Majefty's Regular Forces; and all Officers of His Majefty's Regular Forces fhall be entitled to fit in any Court Martial upon the Trial of any Officer Non Commiffioned Officer, Drummer or Private Man of the Militia, while fo ferving out of the United Kingdom under this A&t; and all Officers of the Militia fhall, during fuch Extended Service, be entitled to fit in any Court Martial upon the Trial of any Officer, Non Commiffioned Officer or Soldier of His Majefty's Regular Forces; any thing in any Act or Acts of Parliament to the contrary notwithstanding. X. Provided always, and be it further enacted, That all the Militia enrolled and formed for Extended Service as Militia to any Part of Europe under this A&t fhall, notwithstanding fuch Extenfion of Service, remain fubject to all the Provifions and Regulations in force, in relation to the Militia to which they fhall refpectively belong (except in fuch cafes as are in this Act particularly fpecified), and hall be entitled to all fuch Privileges and Immunities, and to fuch Provifions for their Wives and Families, as if they had continued ferving as Militia in the United Kingdom. XI. And be it further enacted, That it fhall be lawful for His Majefty from time to time to make fuch Regulations as His Majefty may deem moft expedient in relation to the retaining upon the Eftablishment of the Militia to which they belong, as Supernume raries or otherwife, any Officers, Non Commiffioned Officers and Drummers, of any Regiment, Battalion or Corps of Militia, as may not fo volunteer to extend their Services to any Part of Europe, or as may not be fo employed upon fuch Extended Service; any thing in any A&t or Acts of Parliament relating to the Militia, and the officering of the Militia, to the contrary notwithstanding. XII. And be it further enacted, That where any Number of Private Militia Men fhall be defirous of enlifting into any Regiment of the Line of His Majefty's Regular Forces which may be appointed by His Majefty for that Purpofe, as a Company or Companies of not lefs than One Hundred Men to each Company, and His Majefty fhall have fignified His Intention of granting Commiffions in His Majefty's Regular Forces to any Officer or Officers actually ferving in the Regiment, Battalion or Corps of Militia, from which any fuch Company or Men fhall volunteer to ferve as aforefaid in His Majefty's Regular Forces, as Captain, Lieutenant and Enfign of any fuch Company, that in every fuch case it shall be lawful for fuch Men to enlift as fuch Company or Companies as aforefaid; and in every such case it fhall be lawful for any Number of Non Commiffioned Officers, Corporals and Drummers of fuch Regiment, Battalion or Corps of Militia, not exceeding Five Serjeants and Six Corporals to every Hundred Men, to enlift with any fuch Com pany pany of Men as aforefaid; and every Colonel and Commanding not to enlifts Officer. XIII. Provided alfo, and be it further enacted, That no Perfon Certain Perfon serving in the Militia, who fhall be ufually employed as Adjutant's without Confent Clerk or Regimental Clerk, or as a Drummer, or as a Mufician in of Commanding the Band of the Regiment of the Militia to which he fhall belong, or fhall be ufually employed as an Armourer in any fuch Regiment, or who fhall have been trained as an Artillery Man or Matrofs, and as fuch fhall be attached to any Artillery belonging to any Regiment of Militia, not exceeding Twenty Men in each Battalion, shall be entitled to his Discharge, or to enlift into the Regular Forces as aforefaid under this Act, unless he fhall obtain the Confent for that Purpose of the Commanding Officer of the Regiment of Militia in which he shall be then ferving. for XIV. And be it further enacted, That it fhall be lawful for the Commanding Officer of any Regiment of Militia to refufe to difcharge any Private Militia Man, who fhall defire his Discharge the Purpose of being enlifted into the Regular Forces under this Act, upon affigning in Writing to the General Officer commanding in the District within which fuch Regiment of Militia fhall be quartered, or to the Adjutant General of His Majesty's Forces where there fhall not be fuch General Officer as aforefaid, such Caufe for his Refufal as fhall be deemed fufficient by fuch General Officer or Adjutant General, as the cafe may be. Commanding fufe to discharge ficient Cause. XV. Provided always, and be it further enacted, That if any In what cafe Perfon discharged from the Militia for the Purpofe of being enlifted Perfons difinto His Majefty's Regular Forces under this Act, fhall notwith- charged to con tinue to belong ftanding refufe to enlift pursuant to any Declaration of being defirous to Regiment to enlift, fo made by him as aforefaid, or fhall not be approved from which difof by the Officer appointed by His Majefty for that Purpofe, then charged. and in every fuch cafe, fuch Perfon fhall continue to belong to the Regiment of Militia from which he shall have been fo discharged for the Purpose of enlifting as aforefaid, notwithstanding any fuch Discharge. XVI. And be it further enacted, That every Person who fhall be No Perfon to be enlifted to ferve in any Regiment fo named and appointed as aforefaid drafted from Thall ferve in the Regiment in which he fhall have originally enlifted Regiment in which enlisted. |