Page:Ruffhead - The Statutes at Large - vol 8.djvu/668

634 C. 20. Anno feciindo Georgii III. A. D. 1761, ir the Perfon intruftcd CXII. And bc it ena£tecl, That if the Serjeant, or other Perfon appointed by any Captain of the w ch the Care of the Militia to receive and keep in his Cuflody the Arms, Clothes, and Accoutrements thereto belonging. Arms, &c. ftall not f}^^!! not Complain, within three Days, to fome neighbouring Jurtice of the Peace, of any Miliua ph^n V a^nv Turiice""of^^^"'^ "°' having returned his Arms, Clothes, and Accoutrements as before direded, fuch Serjeant or any Militia' Man not Other Perfon appointed as aforefaid, being thereof convidled on Oath before one of his Majelly's liavingdulvretumed the Juftices of the Peace, fhall forfeit and pay the Sum of twenty Shillings ; which Penalty, if the Of- fame, he forfeits 20s. to fender (hall not immediately pay the fame, fhall be levied by Diftrefs and Sale of the Offender's Goods be kv.ed by Diftreis and ^^^ j Chatties, by Warrarit under the Hand and Seal of the Juftice of the Peace before whom fuch OiiTender fhall be fo convidled as aforeiaid, rendering the Overplus (if any) on Demand, after de- du£ling the Charges of fuch Diftrefs and Sale, to fuch Offender, upon whom fuch Diihefs (hall have been made as aforefaid. The Serjeants are to re- CXIII. And be it enacted. That the feveral Serjeants fhall receive all their military Orders, with ceivethe.rrnil.tary Or- ^^^^ to the Training the Militia iMen under their Care, from the Adjutant and their fuperior Of- fers from the Adiutanr, _ ' , o . ' J . atti' ^ and fuperiorOfScers ; and hccrs ; and are hereby required to report, from 1 ime to 1 nne, all Crimes and Mifdemeanors of are to reiwt to them, or the fevcral Militia Men under their Command, to their Adjutant or fuperior Officers, or to any two to 2Dep. Lieutenants, oi more Deputy Lieutenants, or to fome civil Magiftrate, as the Cafe (hall require. Crim^iI'an^'Mifd^'a^ ^^^^- ^^^ ^^ }} e"a<Sed, That if any Non-commiffion Officer fhall be negligent in his Duty, or ro'rs"^f^^ th"» Men ^'"^ i^folent or diibbedient to the Orders of the Adjutant, or other his fuperior Ofricer, and be thereof Non-Commiirion Officer convicted as aforefaid, upon the Oath of the Adjutant, or other fuperior Officer, before one or more being negligent in his Juflice or Jufticcs of the Peace, fuch Non-commiiTion Officer fhall forfeit and pay any Sum not ex- Duty, OT infolent, or ceeding thirty Shillings, at the Difcretion of fuch Juftice or Juftices ; and if fuch Non-commiffion riofof£"r '°forfct's7n' Officer {hall not immediately pay fuch Penalty, the Juftice or Juftices of the Peace before whom fuch Sum not exceeding ^cT. ^on-commiffion Officer ftiall be fo convicted as aforefaid, fhall, by Warrant, commit fuch Non-com- and on Non-payment, miflion Officer to the Houfe of Corre6lion for the Space of fourteen Days ; and his Majefty's Lieute- may be committed for 14 nant, or the Colonel or Commanding Officer of the Regiment or Battalion, may difcharge fuch £l;fytd ^^'^ '"^ Non-commiffion Officer, if he fhall think fit. ChH"*^ Omftables and CXV. And be it enacted. That all chief Conftables, petty Conftables, Tythingmen, Headbo- o'hers are required to be roughs, and Other Officers, of Hundreds, Rapes, Laths, Wapentakes, Parifhes, Tythings, and aiding and afTifting to the Places, within that Part oi Great Britain called England^ and the Dominion of JVales^ fhall, and they Lord Lieutenants, De- ^re hereby required to be aiding and affifting to his Majefty's faid refpe6tive Lieutenants, and their puries, and juflices, &c. J)ep^^fy Lieutenants, and to the Juftices of the Peace, and to any or them, and to all to whom any jn the txecution or this ,> ' •' a i • • i i • a r. • • i -r^ • i <- ' ^^'^ rower or Authority is by this Ait given, in the Lxecution thereof. In cafeof aaiial invafi- CXVL And be it cnadfcd. That in cafe of actual Invafion, or upon imminent Danger thereof, on, or imminent Dan- or in cafe of Rebellion, it may and fliall be lawful for his Majefty, his Heirs, and Succfffors (the ger thereof, or of Rebel- Q^^^^-jQj^ being firft Communicated to Parliament if the Parlian:ent fhall be then fitting, or declared fi'ni'commi.nuf?ted^ the" Council, and notified by Proclamation, if no Parliament fhall be then fitting or in being) to or- Occafion to Parliament, der and direct his or their Lieutenants, and on their Death or Removal, or in their Abfence from their it fitting, and if not, to refpedtive Counties, Ridings, or Places, any three or more Deputy Lieutenants, with all conveni- the Council, and notifi- g^,- Speed, to draw out and embody all the Regiments and Battalions of Militia of their refpedtive edthcrame^bvProciarna-Q^^^j.j^^^ Ridings, or Places, already raifed, and not yet embodied, or herein appointed toberaifed litia'to be drawn out and and trained, or fo many of them as his Majefty, his Heirs, and Succeftbrs, fhall, in his or their great embodied; or fo many of Wifdom, judge neceifary, in fuch manner as mall be beft adapted to the Circumftances of the Dan- them as he fhall judge ger; and to put the faid Forces under the Conimand of fuch general Officers as his Majefty, his Heirs, nccefTiry ; and put them ^j. .ucceffors, fliall be pleafed to apppiiit over them; and to direil them to be led by their refpedlive «nd.r Lomrnandot Ge. Qffic.rs into any Parts of the Kingdom for the Suppreffion offuchlnvafions and Rebellions: And the r neri r.ftthem to be led into Officers of the Militia and Private Militia Men of the Regiments, Battalions, and Independent Com- any Parts of the King- panies, already embodied, or hereafter to be embodied, fhall, from the Time of their being drawn out other "Re'gt?"ofFoot, tin Regiments of Foot receive, and no other; and the Officers of the Militia (hall, during fuch Time they fJjailbe returned a- as aforefaid, rank with the Officers of his Majefty's other Forces of equal Degree with them, as the gain ; and the Officers ^^^^^^ ^p ^j^^jj. Ra,-,)^ . and, during fuch Time, all the Provifions contained in any Adt of Parlia- eruaTDegrerirhis Ma- i^'^nt which nov/ is or fliall be then in force for the puniftiing Mutiny and Defertion, and for the jedy's other Forces, as better Payment of the Army and their Quarters, Ihall extend to, and take place in refpe6l of, the the youngeft of their Officers and Private Militia Men of every fuch Regiment, Battalion, or Independent Company of Rank; and are to be un- JVliiitia rcfpecSivcly (excepting only as to fuch Particulars as are or fhall be otherwife efpecially pro- ""r M^'-'^TA'"""'"^^'^^"'^ for by this or any Ad or Ads of Parliament, hereafter to be made for regulating the Mi- ee«rT.vh/rcitisotbw'-litia Forces within the Part of Great Britain aforefaid) and when they fliall be returned again to their ^[t fp<'cially provided rcfpedivc Parifhcs or Places of Abode, they (hall bc under the fame Orders and Diredions only, as for ; and when returned thcy wcrc bcfofc they werc drawn out and embodied as aforefaid ; and if any Non-commiffion OiHcer to their own Parifnes, ^f ^^^ Militia or Private Militia Man fliall be maimed or wounded in adual Service, he fliall be ih^yare tobeun.erihe^ J intitled to the Bzu^^toi Chelfe a Hc/hita/ whh any Non-commiffion Officer or Private Soldier lame Orders ana u.icc ~ij. i-^^.rv, i .'•' ■'■'ii-i*-n»T- ^ c ru/^ ^ n"i" t.onscr,:y, as before ti.ty belonging to his Majcfty s Other t^orccs; and hi^ Majefty s Lieutenant of every fuch County, Kidin^, v/eredra«nout andem-or Place, and on the Dcalh or Removal, or in the Abfence of his Majefty's Lieutenant from his bodied:^ And aiw Non (^Qu^ty^ Riding, or Placc, any three or more Deputy Lieutenants, fhall iftue his or their Order to tommifTioned (Officer or j^^, ^j^j^.j^j^j^f^^^j^^Q^ ^^j^^j. (jj^.^rs of the rcfjjcaive Hundreds, Rapes, Laths, Wapentakes, or ^d«r wounded^^'theOthcr Divifions, with Diicdions to forvk^arJ the fame immediately to the Conftables, Tythingmen, Ser/ire, ar< eqalJy inti- rleaa- tkd, With diole of hu Majefty's other Fcrcti, to ChelTca Hofpital.