Page:Ruffhead - The Statutes at Large - vol 8.djvu/123

A. D. 1757' Anno tricefimo Georgii II. C. 25. 89 ftiall be io convi(fled as aforefaid, rendering the Overplus, if any, on Demand, after deduiling the Charges of fuch Diftrefs and Sale, to fuch Offender, upon whom fuch Diftrefs fliall have been made as aforefaid. XXXVIII. And be it ena£ted. That if any Non-commifTion Officer of the Militia, or private Militia N . comml/Tion Man, fliall be abfcrt from the annual Meeting of the Militia, to vi'hich he fhall belong, without jufl ^Tn^b"?^^"^ Caufe fhewn, fuch Non-commiffion Officer or private Militia Man, being thereof convicted upon Oath, without ^"[t before one or more Juftice or Juflices of the Peace, fliall forfeit and pay ten Shillings for each Day ofcaufe, iom tSc fuch Abfence ; and if fuch Non-commiffion Officer or private Militia Man, fhall refufe immediately to annual Meeting. pay fuch Penalty, the Juftice or Jufticcs of the Peace before whom fuch Non-commiffion Officer or pri- fo.feits los. per vate Militia Man fliall be {o convi6led, fliall, by Warrant, commit fuch Non-commiffion Officer or pri- *^'""' vate Militia Mm to the Houfe of Correction for the Space of one Month. ^ XXXIX. And be it enaded. That if any Non-commiffion Officer fliall be negligent in his Duty, or info- offic/rTei^.g „T- lent or difobedient to the Orders of the Adjutant, or other his Superior Officer, and be thereof convicted giigent, infoknt*, as aforefaid upon the Oath of the Adjutant, or other Superior Officer, before one or more Juftice or Ju- or difobedient, flices of the Peace, fuch Non-commiffion Officer fliall forfeit and pay any Sum not exceeding thirty Shil- forfeits any Sum lings, at the Difcretion of fuch Juftice or Juftices j and if fuch Non-commiffion Officer fliall refufe im- "^^ exceeding mediately to pay fuch Penalty, the Juft:ice or Juftices of the Peace before whom fuch Non-commiffion ' Officer fliall be fo convicted as aforefaid, (hall, by Warrant, commit fuch Non-commiffion Officer to the Houfe of Correction for the Space of fourteen Days, and his Majefty's Lieutenant may difcharge fuch Non-commiffiiOn Officer out of the Militia, if he fliall think fit. XL. And be it enacted. That if any Perfon fliall knowingly and willingly buy, take in Exchange, ifanyPerfon conceal or otherwife receive, contrary to the true Intent and Meaning of this ACt, any Arms, Clothes or Hiaii uniawfujiy, Accoutrements, belonging to the Militia, upon any Account or Pretence whatfoever, the Perfon fo of- buy, exchange, fending, being conviCtcd thereof upon Oath before one or more Juftice or Juftices of the Peace, fliiU for- * nceaiorre- feit and pay for every fuch Oft'ence the Sum of five Pounds; and if fuch Offender fliall refufe immedi- Arm's or"ao;h-' ately to pay fuch Penalty, the Juftice or Juftices of the Peace before whom fuch Offender fliall be fo con- ing, he forfeit* vi£ted as aforefaid, fliall, by Warrant under the Hand and Seal, or Hands and Seals, of fuch Juftice or 5 i. f r every Juftices, levy the fame by Diftrefs and Sale of the Offender's Goods and Chattels, rendering the Over- fuch Offence, plus (if any) on Demand, after deducting the Charges of fuch Diftrefs and Sale, to fuch Offender upon whom fuch Diftrefs fliall liave been made as aforefaid; and for want of fuch Diftrefs fliall commit fuch Offender to the common Gaol of the County, Riding or Place, where the Offence fliall have been com- mitted, there to remain, without Bail or Malnprlze, for the Space of three Months, or fliall caufe fuch Offender to be publickly whipt, at the Difcretion of fuch Juftice or Juftices. XLI. Provided always, and be it enadted. That no Officer of the Militia, or private Militia Man, ^""e "able to fliall be liable to any Penalty for or on Account of his Abfence during the Time he fliall be going to vote ^^^^^^1^°'.,^^' at any Election of a Member to ferve in Parliament, or during the Time he {hall be returning from fuch xi'nfe ongoing to Election. vote for a Mem- ber, or returning. XLII. And be it enacted. That all the Muflcets delivered for the Service of the Militia, fliall be mark- Mu/ketstobe ed diftlnitly in fome vifible Place, with the Letter M^ and the Name of the County, Riding or Place, ni/rk^edwithaa ,0 which thV belong. ifir;:!;: County, &c. XLIII. And be it enacted. That the feveral Serjeants fliall receive all their Military Orders, with re- Serjeants to re- fpedt to the training the Militia Men under their Care, from the Adjutant, and their Superior Officers; "'^e Orders and are hereby required to report, from Time to Time, all Crimes and Mifdemeanors of the feveral Mi- ^°'^ '"^^ ^^i"^' litia Men under their Command to their Adjutant, or Superior Officers, or to fome Civil Maglftrate, as an"d"'to leport to the Cafe fliall require. him, &c. the Misdemeanors of XLIV. Provided always, and be it ena^ed. That all Chief Conftables, Petty Conftables, Tything- '*^«= Me,). men, Headboroughs, and other Officers of Hundreds, Rapes, Laths, Wapentakes, Parillies, Tythlngs '^I' Conftables and Places, within that Part of Great Britam, czWed Engla?2d, and the Dominion of fVales, fliall, and ^'^_^';^'^ ^"^= they are hereby required to be aiding and affifting to the Juftices of the Peace, and to his Majefty's faid t^ braffiftino'in refpe6tive Lieutenants, and their Deputy Lieutenants, and to any of them, and to all to whom any Power Execution of the or Authority is by this Adt given, in the Execution of the Premiffes. i^remifles, XLV. And be it enadted, That in cafe of adtual Invafion, or upon imminent Danger thereof, or in in cafe of inva- cafe of Rebellion, it may and fliall be lawful for his Majefty, his Heirs and Succeffors (the Occafion be- fion or Rebel, ing firft communicated to Parliament, if the Parliament fliall be then fitting, or declared In Council, and °"' ^^- ^^'^ notified by Proclamation, If no Parliament fliall be then fitting or in Being) to order and direct his Lieu- the"Miritfa*to^b tenants, ^and on their Death or Removal, or in their Abfence from their refpedtlve Counties, Ridings or (irawn'om^and "^ Places, any three or more Deputy Lieutenants, with all convenient Speed, to draw out and embody all embodied, the Regiments and Battalions of Militia of their refpedtlve Counties, Ridings or Place-?, herein appoiiited to be ralfed and trained, or fo many of them as his Majefty, his Heirs and Succeffors, (hall in his or their and put them great Wifdom judge neceffary, in fuch Manner as fhal! be beft adapted to the Circumftancea of the Dan- ""«'■ ^^ '^°'^' ger ; and to put the faid Forces under the Command of fuch General Officers as his Majefty, his Heirs "aroirc^^"^" and Succeffors, fliall be pleafed to appoint over them ; and to dlredt them to be led by their refpedtive and dir«athem Officers into any Parts of this Kingdom, for the Suppreffion of fuch liivafions and RebelliQus ; And the to be led to any Vol. VIII. N - • laid ?af" of the ^ iiingdo.Ti J