Page:Ruffhead - The Statutes at Large - vol 8.djvu/667

A. D. 1 761. Anno fecundo Georgii III. C. 20. 633 CIV. And be it enat^ed. That the Captain of each Company of Militia fhall keep in his own The Ciptaia is tobivc Cuftody, or leave and depofit with the feveral Serjeants belonging to his Company, or with fuch tl^^ Charge of the Ar.n?, Perfon or Pcrfons as the faid Captain (hall appoint for that Purpofe, the Arms, Clothes and Accou- ^^°^'|^^"^/'^^^^.^'^"-^°^^ trements provided for his Company of Mihtia; and the Churchwardens of every Parifh or Place ^^"the'^ChLrcJnv'^rdrjis* where the faid Arms, Clothes and Accoutrements are fo depofited, or one of them, is and are hereby are to provide Chefis (or required to provide, at the Expence of fuch Parifh or Place, a Cheft, in which fuch Captain, Ser- the fafekeepng thereof j jeant, or other Perfon fo appointed as aforefaid, fhall keep the faid Arms in fome dry Part of his Houfe or Dwelling, under Lock and Key, and another Cheft in which he fhall keep, under Lock and Key, the faid Clothes and Accoutrements ; and the Serjeant, or fuch other Perfon as fhall be appointed and care b to be taken to train and difcipline the Men, is hereby required to take care that, after Exercife, every Militia *j»' the Men return Man cleans and returns his Arnis, Clothes and Accoutrements to his Captain, or to fuch Perfon or g^*'"^'^'j?^^s°'"' ^'■'^" "*' Perfons as fliall be appointed as aforefaid to receive the fame. CV. And be it cna£led. That his Majefly's Lieutenant of any County, Riding or Place, or, in the The Ld. Lieut, or Dfpu- Abfence of his Majefty's Lieutenant, any three or more Deputy Lieutenants, is and are hereby ^^- ZUlnd ^(:mwT'iY^^ thorized, by Warrant under his Hand and Seal, or their Hands and Seals, to employ fuch Perfon or Arms, &c. when necefla- Perfons as he or they fliall think fit, to feize and remove the Arms, Clothes and Accoutrements be- ryto the Publick Peace j- longing to the Militia, whenever his Majefly's faid Lieutenant or Deputy Lieutenants fha'l adjudge it neceffary to the Peace of the Kingdom, and to deliver the faid Arms, Clothes and Accoutrements othe! i4rfons'" ^ into the Cuftody of fuch Perfon or Perfons as his Majefty's faid Lieutenant or Deputy Lieutenants Ihall appoint to receive the fame, for the Purpofes of this A61. ^ ; ^ n j ^.j^^ CVI. And be it enacted, That if any Serjeant, or any other Perfon intrufted by the Captain with the Cuftody of dieArms, the Cuftody of any Arms, Clothes or Accoutrements belonging to the Militia, fhall deliver out any &c. deHvering out the ' fuch Arms, Clothes or Accoutrements, unlefs for exercifmg the Men, or by the Command of his fame, unlefs for Fxercife, Superior OfHcer, it may and fhall be lawful for any two or more Juftices of the Peace to commit fuch °^ ^y proper Command, Offender to the common Gaol of the County, Riding or Place where theOftence fhall be committed, ZZ&.s!'"' '° there to remain without Bail orMainprize for any Time not exceeding fix Months. -^^ I'ayArms orClotb- CVIL And be it further enadted by the Authority aforefaid. That no Pay, Arms, Accoutre- jng are to be iflued, nor ments or Clothing fhall be iflued, and that no Adjutant or Serjeant fhall be appointed, for the Militia Adjutant orSerjeantsap- of any County, Riding or Place, until it fhall appear by a Return figned by his Majefty's Lieutenant, poi ted, till 3 Fifths of or on the Death or Removal, or in the Abfence, of his Majefty's Lieutenant, by any three Deputy ^haycll"nTmSfdVnd Lieutenants, that three Fifths of the Militia Men of the faid County, Riding or Place have been taiJgn ^y" ti"^.;^ Co'm- inroUed, and that three Fifths of the Officers have taken out their Commifrions. minions, CVIIL And be it enacted. That all Mufkets delivered for the Service of the Militia fhall be are to be marked with an marked diftindtly in fome vifible Place with the Letter M, and the Name of the County, Riding or (M) and the Name ot Place to which they belong. tf^e County, &c. CiX. And be it enacted. That if any Militia Man fhall fell, pawn or lofe any of his Arms, Clothes Militia Man who ffiall or Accoutrements, and fhall be thereof convi£ted upon Oath before any one Juftice of the Peace, fuch ^^"' ra"'" o' lofe his Militia Man fhall forfeit and pay a Sum not exceeding three Pounds ; and if fuch Militia Man fhall coLTre'menTs forfctsVl. not immediately pay fuch Penalty, the Juftice of the Peace before whom fuch Militia Man fhall be and on Nonpayment, is' fo convicted as aforefaid, flia'I, by Warrant, commit fuch Militia Man to the Houfe of Corredtion to be committed to the for the Space of one Month, and until Satisfaction be made for the fiirae ; and if he fhall not be of f^°"'eofCorrc£tion for Ability to make fuch Satisfaaion, then for the Space of three Months : And if any Militia Man 'jsfSon'bTmadT- and Ihall refufe or neglecl: to return his Arms, Clothes and Accoutrements in good Order to his Captain, if not'of Abih'ty to'p!", or to fuch Perfon as fhall be appointed as aforefaid to receive the fame, whenever demanded, fuch he if to be committed for Militia Man, being thereof convi6led as aforefaid, fhall, for every fuch Offence, forfeit and pay the 3 Months ; and if he Sum of ten Shillings ; and if fuch Militia Man fhall not immediately pay fuch Penalty, the Juftice "'e'^;f^f°=«^7"]^'^'" of the Peace before whom fuch MilitiaMan fhall be fo conviaed as aforefaid, fhall, by Warrant, ^°3°^^j*^j^^'l[^7^^^^^^^^ commit fuch Militia Man to the Houfe of Correaion for any Time not exceeding fourteen Days. and on Nonpayment, is' to be committed for any Time rot exceeding 14 Days. ex. And be it cnafted. That if any Perfon fhall knowingly and willingly buy, take in Exchange, ifanyPerfon/hali know. conceal, or otherwife receive, contrary to the true Intent and Meaning of this Aa, any Arms, '"^jy^"""'^"'^)'^") Clothes or Accoutrements belonging to the Militia, upon any Account or Pretence whatfoever, the^^^g^g^y'^'^""^^^^^^^^^ Perfon fo offending, being conviaed thereof, upon Oath, before one or more Juftice or Juftices of Arms, clothes m-Accoj- the Peace, fhall forfeit and pay, for every fuch Offence, the Sum of five Pounds : And if fuch Of- trements, he forfeits 5 1. fender fhall not immediately pay fuch Penaltv, the Juftice or Juftices of the Peace before whom fuch f*"' every fuch orfence, Off"ender fhall be fo conviaed as aforefaid, fhall, by Warrant under the Hand and Seal, or Hands and ^°fsik'^ ^^ ^^"" Seals, of fuch Juftice or Juftices, levy the fame by Diftrefs and Sale of the Offender's Goods and ^" ^^' Chattels, rendering the Overplus (if any) on Demand, after deduaing the Charges of fuch Diftrefs and Sale, to fuch Offender, upon whom fuch Diftrefs fhall have been made as aforefaid ; and for want and for want of Diftrefs, of fuch Diftrefs, fhall commit fuch Offender to the common Gaol of the County, Riding or Place lie may be committed foe where the Offence fhall have been committed, there to remain without Bail orMainprize, for the "» '^""'^^^'J^'^P^K'^'^" Space of three Months, or ftiall caufe fuch Offender to be publickly whipped, at the Difcretion ofJ^JXiJjX?" fuch Juftice or Juftices. ■^ CXI. Provided always, and be it enaaed. That no Officer of the Militia, or Private Militia Man, None are liable to Penal- fhall be liable to any Penalty or Punifhment, for or on account of his Abfence during the Time hei^y fo' Abfence, during fh.U be going to vote at any Eleaion of a Member to ferve-^in Parliament, or during the Time he fj,^ J;^^^;;^|;'^;«;^^^^^^^^ Ihall be rcturnmg from fuch Ekaion. n-ent, or returning. Vol. Vm. 4 M CXIL