Page:Ruffhead - The Statutes at Large - vol 8.djvu/669

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A. D. 1 761. Anno iecundo Georgii III, C. 20, 635 Fleadboroughs, or other Officers of the feveral PariHies, Tythings, and Places, v/!thin their refpec^l- The Ld.Ueut.crUtfu- ive Divifioiis; and fuch Conftables, Tythingmen, Hcadboroughs, or other Officers, are hereby re- ties, are to iffue Orders quired upon Receipt thereof, forthwith to give or leave in W riiing. Notice, or caufe fuch Notice t."°[iJ^cJ^|^.^^^e"°j^^^ be given to the feveral A4ilitia Men, or left at the ufual Places of their refpeitivd Abodes within their f^^rvvarded to the petty refpeilive Parifiies, Tytiiings, or Places, to attend at the Time and Place mentioned in fuch Order; conflablcs, who are And if any Militia Man fo ordered to be drawn out and embo('.ied as aforefaid (not labouring under thereupon to giveNotlcq an^ of not immediately pay fuch Penalty, the Juftices of the Peace, before whom fuch Militia Man iliallbe^ol. and on Non-pay- fo convicted, ihall, by Warrant, commit fuch Militia Man to the common Gaol of the County, "'^nt, is to be committed Riding, or Place, where he fliall have been fo conviilcd, there to remain without Bail or Mainprizep^ |^^^|.;'j^-^'p° ","^| for the Space of twelve Months, or until he (hall have paid the Penalty aforefaid : And if any Perfon And"an' "pt'n'bii know- fhall harbour or conceal any Militia Man, not attending when ordered out into a6lual Service, know- ingiy harbouring or con- ing him to be a Militia Man, and fhall be thereof convicted upon Oath, before any Juitice of the ceaiing any Militia Man, Peace, every fuch Perfon fliall, for every fuch OfFence, foifeit and pay the Sum of live Pounds, to-^'^""'^-s^/=" '^=^'.'-'^ be levied by Diftrefs and Sale of the Oflender's Goods and Chatties, by V/arrant under the Hand and ""^j-^f^^" f^'^^fY^^^^^^^^^ Seal of fuch Juftice, rendeving the Overplus, if any, after deducting the faid Penalty, and the by Diiirefs and SjIc • and Charge of fuch Diftrefs and Sale, to the Party whofe Goods and Chatties ihall be fo diftraincd and for Want of Diiin-f', lie fold j and for want of fufficient Diftrefs, it may and fhall be lawful for fuch Juftice, and he is here-'^i^y he committed for a by required, to commit fuch Offender to the Houfe of Corrcilion for the Space of two Months, or j^*^"'!'^' °'^ '-^^ pubuclc- to caufe fuch Ofl'ender tobe publickly whipped, at the Difcretion of fuch Juftice. ^^^ "^^ CXVII. And be it enaited. That if at any Time (in cafe of a£lual Invafion, or upon imminent in cafe of Invafion, or Danger thereof, or in cafe of Rebellion) the Parliament fliall happen to be ft-parated by fuch Ad- imminent- Danger there- journment or Prorogation as v/ill not expire within fourteen Days, it fhall be lawful for his^,*^^ °^^^^^^^-^'^?"' ^^'^ JMajefty, his Heirs, and Succeft"ors, to ilTue a Proclamation for the Meeting of the Parliament upon ^r proroau-d AoJi^^l fuch Day as he or they fnall thereby appoint, giving fourteen Days Notice oi" fuch Appointment; D.iys, is'to be fummon- and the Parliament fhall accordingly meet upon I'uch Day, and continue to fit and a£t in like mannered to meet; and are tu to all Intents and Purpofes, as if it had ftood adjourned or prorogued to the fame Day. ^' ^""^ '^^ ^^ "' a^journ-

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CXVIII. And be it enacted, that the Officers of the Militia and Private Militia Men, who fliall Qf^^-gfj^^^j j^^^j 3^^*jjj_ be drawn out and embodied, fliall be intitled to Pay from the Day of the Date of his Majefty's War- titled to Pay, from the rant for that Purpofe. Dateof the king's War- rant for their being embodied. CXIX. And be it enacted. That when any Regiment or Battalion of Militia fhall be drawn out When a Regiment, &c. and embodied, and during the Time they fhall continue embodied, the Colonel, or, where there is '^ irawn out and embo- no Colonel, the commanding Officer of fuch Regiment or Battalion, fhall and may appoint an A- ^'^^ ^'^^^ commanding gent to fuch Regiment or Battalion ; and fuch Colonel, and, where there is no Colonel, the com- A';enuheie°oTalcn'Se! manding Officer, Ihall be, and is hereby made fubjeft and liable to make good all Deficiencies thatcurity; and is liabtc to may happen upon account of the Pay, Clothing, or publick Stock of fuch Regiment or Battalion : make i-ood any Deficien- And fuch Colonel, and where there is no Colonel, the commanding Officer, fhall take Security '^=^^. ^^^y- '^'^^'"S' o"^ from the Agent fo appointed. Tca"tain^m' ui-h CXX. And be it enacted. That when the Militia of any County, Riding, or Place, fliall be or- Leavc^nugment'liisCom- dered out into a6tual Service, it fliall and may be lawful for the Captain of any Company of Militia pany/when ordered out to augment his Company, by incorporating, with the Confent of his Majefty's Lieutenant, or, in '"'o ^^■}^^'^ Service, with the Abfence of his Majefty's Lieutenant, with the Confent of tv/o or more of the Deputy Lieute- ]^°^"^"[i^"^' f /'°^^-^ nants, any Number of Perfons who fliall offer them felves as Voluntiers, and who fliall appear to him J^'^and"Vho^"vvii'lTake to be fufficicntly trained and difciplined, and provided with proper Cloths, Arms, and Accoutre- the Oath appointed, and ments, and who fliall take the Oath appointed to be taken by this A6t,.and fign their Confent tofign the Rolls, and be ferve in the Militia for the Time of fuch actual Service, and to fubmit to the fame Rules and Articles '""bjeatothe Articles of of War as .Militia Men are by this A6t liable to during the Time of their continuing in actual Service. ^'" Officer or Private Man ferving in the Militia. f'""' ti'^-"^^ co.nmiited CXXIL And belt enacted. That when the Militia of any County, Riding, or Place, fliall be R^JjveTfo't^^^^^^^^^^ ordered out into aftual Service, or fliall be out in a£tual Service, the Receiver or Receivers General Land Tax are to pay to of the Land Tax for fuch County, Riding, or Place, fhall, and he or they is, and. are hereby re-theCapt. orrommanding quired to pay, or caufe to be paid, to the Captain or other commanding Officer of each Company ^^^'^'j <**" '»'-' <^on'P>- of Militia fo ordered out, or being out in Service for fuch County, Riding, or Place, one Guinea j^^'^ ^J^Vse'vit 'one for each Private Militia Man belonging to his Company, whether fuch Militia Man marched with duin'eapcrMan t-oVe'Kit the Company when firft drawn out, or was ordered out afterwards to Join fuch Company, to be paid Private Mm bi-ionging over by fuch^Captainor other Officer to every fuch Private Militia Man who belonged to his Com- ^^fs'"' whether fuch pany ?.t the Time fuch Militia was ordered out into actual Service, on or before the Day appointed ^" ""'■^^^^^ with the for marching ; and to fuch Militia Man, who fliall be afterwards ordered out, when he fliall join his S'oor, or'was iLr- Company ; and fuch Receiver or Receivers General fiiall be allowed the fame in his or their Accounts, wards ordered to join it to be p^iuovcr by the Captain to the Men before they maich ; and to fuch aJ^rhall be afterwards ordered out, when they <h.ill join the Companies. 4 M 2 cxxin.