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after he fhall be difcharged from the Inilitia, provided he brings a certificate of his good behaviour, under the hand of the colonel or commanding officer of his regiment or battalion.

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15. No perfon who fhall keep any houfe of public entertainment, or who fhall fell ale, wine, or fpirituous liquors, by retail, fhall be capable of being a ferjeant in the militia.

16. The number of private men to be raifed, (exclufive of the places after excepted), fhall be, for

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to eighty private men, and fo in proportion.

18. If the lieutenant of any county fhall think that too large a proportion of men is directed to be raised for fuch county, it fhall be lawful for the privy council, on application made to them by fuch lieutenant, to fix the number of men which fhall be furnished from the lift of the county complaining, by the proportion which the whole number in all the lifts bears to the whole number of militia directed to be raised; all which lifts the lieutenants fhall tranfmit to the privy council. 640 19. The lieutenants and deputy-lieutenants fhall meet once every year, or of tener, to concert measures for the execution of the act. At their firft meeting they fhall iffue orders to the chief conftables, 960 to return to them, at their second meet800 ing, of which the day and place fhall 800 be mentioned in the orders, lifts of all men dwelling within their respective divi. fions, between the ages of eighteen and fifty years, (peers of the realm, deputylieutenants, commiffion-officers in the militia and in the King's forces and forts, members of either of the univerfities, clergymen, teachers and preachers of separate congregations, conftables and other peace and parish officers, ar400 ticled clerks, apprentices, and seafaring men, excepted), diftinguishing the num ber in each parish, and the perfons incapacitated from ferving, by infirmities. The chief conftables, by orders un200 der their hands, fhall require the con80 ftables to return to them, on a day and at a place in the order to be mentioned, fuch lifts as aforefaid of the men within 80 their refpective parishes, copies of which 240 lifts they fhall affix on the respective parish-church doors the Sunday morning before they make their returns. lieutenant and deputy-lieutenants fhall, on the day when and at the place where they fhall have ordered the lifts to be returned, meet, and appoint what number in each divifion fhall ferve in the militia, towards raifing the number directed to be raised for the county, in proportion to the whole number contained in the lifts. The deputy-lieute

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480 i. e. with the city and county of the city of Chefter; and fo in all other cafes where a city or town is annexed. The first word in each line is the name of a county.

17. There fhall not be more than three commiffion-officers, viz. one cap. gain, one lieutenant, and one enfign,

The

nants

20. The deputy-lieutenants, &c. shall meet in the feveral fubdivifions as often as they fhall think neceffary. One of thefe meetings every year shall be on Tuesday in the week before Michaelmas. If any militia-man, of the age of thirty-five or upwards, who shall have ferved two years, fhall defire, or if any perfon whatever shall shew just cause for his discharge; it fhall be lawful for the deputy lieutenants, &c. at their faid annual meetings for the refpective subdivifions, to difcharge fuch perfon; and they fhall fill up by lot the vacancies occafioned by fuch difcharges, or by death or otherwife, out of the lifts of the parishes where they fhall happen. If the person by whom the vacancy shall be made be a fubftitute, the perfon for whom he served fhall himself ferve, or provide another fubftitute, for the remainder of the three years; which perfon fo chofen, or substitute so provided, fhall take the oaths, &c. and be inrolled, as before directed.

nants fhall afterwards fubdivide them- the firft, for the year 1757, on the 12th felves; and fhall, within one month after of July; and for every fubfequent year, the fecond general meeting, meet within on the firft Tuesday of June. Three the respective fubdivifions. Before fuch deputy-lieutenants, or two deputy-lieumeeting they fhall iffue an order to the tenants and one juftice of the peace, or chief conftables, to return to that meet- one deputy-lieutenant and two juftices, ing, of which the day and place fhall are a quorum in the meetings of the fubbe mentioned in the order, copies of divifions; the day and place of which the lifts fo by them returned to the fe- fhall be appointed by one or more decond general meeting as aforefaid. puty-lieutenants. When fo affembled in the fubdivifions, they fhall, after hearing complaints with regard to names inferted or omitted to be inferted in the lifts, direct the lifts to be amended, and appoint what number in each parish shall serve, in proportion to the whole number in the lifts for the divifion; and fhall immediately caufe them be chofen by lot out of the whole number liable to ferve for each parish. Then they fhall appoint another meeting to be held in the fubdivifion, and fhall iffue an order to the chief conftables, to direct the conftables to give notice to every man fo chofen, to appear at the meeting; which notice fhall be given, or left at his place of abode, at least seven days before the meeting. Every perfon fo chofen fhall, upon fuch notice, appear at the meeting, and there take the oaths and make and fubfcribe the declaration, (as directed with regard to officers, 9. above), which any deputy-lieutenant is authorifed to adminifter; and fhall be inrolled to ferve, as a private militia-man of the county, for three years; or fhall provide a fit perfon, to be approved of by the meeting, to ferve as his fubftitute; which fubftitute shall take the oaths, &c. and fign his confent on the militia-roll to ferve as his fubftitute during the faid term. Every person so chofen, not being a Quaker, [§ 26.], who fhall refule or neglect to take the oaths, and to ferve, or provide a fubftitute, as aforefaid, fhall forfeit tol. and at the end of three years be appointed to ferve again. The lieutenant and two deputy-lieutenants, or in the absence of the lieutenant, three deputy-lieutenants, are a quorum in thefe county meetings. Thefe meetings are to be held at fome city or principal town of the county;

21. Every militia-man, changing his place of refidence, fhall ferve in the militia of the parish to which he removes, until his three years be completed. If the quota of fuch parifh be full, he fhall, on the firft vacancy, be inrolled to serve in it. Every fuch militia-man shall, before he change the place of his abode, give notice thereof to the meeting in the fubdivifion, or to one deputy lieutenant; who fhall give him a certificate of the time he fhall have ferved. Such deputy lieutenant, if the certificate be given by one only, fhall certify the fame to the next meeting. If any militia-man fo removing fhall not give fuch notice, he fhall, on conviction before one or more juftices of the peace, forfeit 20 s.; which, if he refufe immediately to pay.

shall

hall be levied by distress and sale of his goods, by warrant under the hand and feal of the juftice or justices. For want of diftrefs, the offender shall be committed to the house of correction for one month. 22. The deputy - lieutenants, &c. fhall yearly cause new lifts be made out, and returned to them, at their annual meetings in the fubdivifions; and fhall, every third year, appoint the number to serve for each parish, and caufe a fufficient number be chofen by lot, in the room of those who shall have ferved three years, or fhall be difcharged; which perfons fo chofen fhall take the oaths, and be inrolled in manner aforefaid; fo that by rotation all perfons not excepted may ferve perfonally, or by fubftitute, for three years. No militia-man fhall, by having ferved as a fubftitute, be excufed from ferving for himself when chofen. The deputy-lieutenants, &c. fhall tranfmit to the lieutenant copies of the rolls, within fourteen days after their meetings for that purpose. If any chief conftable or conftable fhall refufe or neglect to return the lifts, or to comply with any orders which he shall receive in purfuance of this act, or fhall, in making fuch return, be guilty of any fraud or wilful partiality, the deputylieutenants and juftices (a quorum of them) are required to imprison fuch offender in the county-gaol for one month; or, at their discretion, to fine him in a fum not exceeding 5 1. nor under 40 s.; to be levied by diftrefs and fale of the offender's goods, as aforefaid.

23. No private man ferving for himfelf in the militia, fhall, during fuch fervice, be liable to do perfonally any ftatute-work, or to ferve as a peace or parish officer, or to ferve in the land. forces unless he confent.

24. No perfon having ferved perfon, ally or by fubftitute three years in the militia, fhall be obliged to ferve again, until, by rotation, it comes to his turn. 25. Every married man having perfonally ferved in the militia when called out in cafes of invafion or rebellion, may fet up and exercise any trade he is fit for, in any town or place in G. Britain or Ireland, as freely as foldiers or mari

ners may do by the aft 22° Geo. II.

26. If a Quaker shall be so chosen by lot, and fhall refuse or neglect to take the oaths, and to ferve in the militia, or to provide a fubftitute as aforefaid, the deputy-lieutenants and justices fhall, upon reasonable terms, hire a fit perfon to serve as his fubftitute; and fhall, by diftrefs and fale, as aforesaid, of the Quaker's goods, levy a fum neceffary to defray the expence of hiring the sub. ftitute. If any oppreffive measures be used in making the distress, the Quaker may complain to the deputy-lieutenants and justices, at their next meeting; who are required to hear and finally deter mine the complaint.

27. Within one month after the rolls are returned, (as directed § 22.), the lieutenant and deputy-lieutenants, or any three or more of the latter, shall meet, and form the militia for the respective counties, into regiments, confifting, where the number of men will admit, of twelve, but in no cafe of less than feven companies, of forty men each at leaft, of perfons living as near to each other as conveniently can be; and shall poft to each company proper commis fion and non-commiffion officers. The militia fhall be exercised in manner following, viz. in half-companies, on the firft Monday in March, April, May, June, July, Auguft, September, and October, and in companies, on the third Monday in the faid months, at each place of exercise, or fo many, not amounting to half companies or companies refpectively, as can be conveniently brought together; and in regi ments or battalions, on the Tuesday, Wednesday, Thursday, and Friday, in Whitfun week, every year, at places of exercife to be appointed by the lieutehant and deputy-lieutenants as afore. faid, as convenient with regard to the abodes of the men as may be, and fo as they shall not be obliged to go above fix miles from home to be exercited in half or whole companies. Notice of the places of exercise to which the militia-men of each parish are to resort, fhall be fent to the chief conftables, with directions to forward the fame to the

conftables,

constables, who fhall cause such notice to be fixed on the respective parishchurch doors. The militia-men fhall duly attend at the times and places fo to be appointed. The lieutenant fhall, from time to time, appoint a clerk, and a fejeant-major out of the ferjeants, and a drum-major out of the drummers, to each regiment or battalion.

28. If any five or more of the principal inhabitants of any parifh fhall reprefent to the lieutenant, or to the deputy-lieutenants and juftices, at any meeting in their subdivision, that, on account of fairs or markets, it is inconvenient to exercife the militia on the day appointed by this act, it fhall be lawful for the meeting to order the militia of that parish, to be exercised on any other day of that week, Sunday excepted.

29. In any county where the number of men to be raised shall not amount to feven companies, and therefore not be fufficient to form a regiment, fuch companies fhall be formed into a battalion, under the command of the lieutenant; and shall have one field-officer, one adjutant (not of higher rank in the army than a fubaltern), one ferjeant-major, one drum-major, and one clerk. The whole militia of fuch county fhall be exercised on the four days in Whitfun week, in the fame manner as regiments in other counties.

30. Where, by reafon of distance from the place of exercise, a whole or half company cannot be got together, the lieutenant and deputy-lieutenants fhall order fuch fmaller numbers to be exercised by such person, and in fuch place, as they fhall think fit.

31. One commiffion-officer in every company fhall attend the exercife of his men, when in whole or half companies, as often as convenient, and fhall then inspect the state of their arms, cloaths, and accoutrements, and transmit a re port thereof to the lieutenant, or the commanding officer of the regiment or battalion.

32. Every captain fhall keep in his own cuftody, or depofit with the ferjeants, or with fuch perfons as he fhall VOL. XIX.

appoint, the arms, cloaths, and accou trements of his company. The churchwardens of every parith where the arms, &c. are depofited, fhall provide, at the expence of the parish, one cheft, in which the captain, or the perfon he appoints, fhall keep the arms, in fome dry part of his house, and another cheft, in which he fhall keep the cloaths and accoutrements, both under lock and key. The ferjeant, or other perfon appointed to exercise the men, fhall take care, that, after exercife, every militia-man clean and return his arms, cloaths, and accoutrements.

33. The King's lieutenant, or the colonel of any fuch regiment, is authorifed, by warrant under his hand and feal, to employ fuch persons as he shall think fit, to feize and remove the arms, cloaths, and accoutrements of the mili tia, when he judges it neceffary to the peace of the kingdom, and to deliver them into the cuftody of fuch persons as he fhall appoint to receive them, for the purposes of this act.

34. If any ferjeant, or other perfon fo intrufted, shall deliver out any arms, cloaths, or accoutrements, belonging to the militia, unlefs for exercifing the men, or by command of his fuperior officer, or by order of a juftice of peace; it shall be lawful for any two or more justices, to commit the offender to the countygaol, for any time not exceeding fix months.

35. No pay, arms, accoutrements, or cloathing, fhall be iffued, and no adjutant, or ferjeants, fhall be appointed, for the militia of any county, till it ap pear, by a return figned by the lieutenant, or in his abfence by three deputylieutenants, that four fifths of the men have been chofen, and that four fifths of the commiffion-officers have been appointed, and have taken out their commiffions, and entered their qualifications. 36. The ferjeant, or other perfon appointed to difcipline the militia-men, fhall call over their names when exercifed; and fhall certify, in writing, to fome neighbouring juftice of the peace, within one week after every exercife, the names of the abfent, with the rea3 E

fons

fons of their abfence, if known to him, and alfo if any of them be disobedient, or otherwise misbehave themselves; and the justice, on proof made upon oath of fuch abfence, infolence, or misbeha viour, fhall fine the offenders respective ly in the fums following and if they refufe immediately to pay the fines, fhall order them to be fet in the ftocks or committed to the house of correction for the spaces of time respectively aftermentioned as alternatives in cafe of fuch non-payment, viz. for being abfent from exercife, if the juftice fhall not allow of the excufe; for the firft of fence, 2 s. or one hour in the stocks; for the fecond, 4 s. or four days in the houfe of correction; for the third, and every other offence, 6 s. or any time not exceeding one month in the house of correction, or until the fine be paid: for being drank at the time of exercifing, 10 s. or one hour in the stocks: for being difobedient or infolent to their officer; for the first offence, 2 s. 6 d. or four days in the house of correction; for the fecond offence, 5 s. or feven days in the house of correction; and for the third, and every other offence, 40s. or any time not less than fourteen days nor exceeding one month in the house of correction: for felling, pawning, or lofing, any of their arms, cloaths, or accoutrements, a fum not exceeding 3 1. or one month in the houfe of correction, and until fatisfaction be made for the fine, or three months if the offender thall not be of ability to make fuch fatisfaction: and for refufing or neglecting to return their arms, cloaths, and accoutrements, in good order, to the captain, or the perfon appointed to receive them; for refufing or neglecting fo to return them, on the day of exercise, or the next day, 2 s. 6 d. or feven days in the houfe of correction; and for refufing or neglecting fo to return them on or before the Monday after Whitfun week, 5 s. or fourteen days in the houfe of correction.

37. If the ferjeant, or other perfon appointed to receive the arms, &c. fhall refufe or neglect to complain within three days to fome neighbouring juftice

of the peace, of any militia-man's not having fo returned his arms, cloaths, and accoutrements, he fhall, on conviction as aforefaid, forfeit 20 s. to be levied, if he refuse immediately to pay, by distress, and fale of his goods.

38. If any non-commiffion officer or private man of the militia, fhall be ab fent from the annual meeting, without just cause fhewn, he fhall, con conviction upon oath before one or more ju ftices of the peace, forfeit to s. for each day's abfence; and if he refufe imme diately to pay,f fhall be committed to the houfe of correction for one month.

139. If any non-commiffion officer fhall be negligent in his duty, 3orninfolent or disobedient to the adjutant, or other his fuperior officer, he hall, upon conviction as aforefaid by the oath of the adjutant or other fuperior officer, forfeit a fum not exceeding 30 s at the discretion of the justice or justices; and if he refufe immediately to pay, fhall be committed to the houfe of correction for fourteen days; and the King's lieutenant may discharge him out of the militia.

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40. If any perfon fhall knowingly and willingly buy, take in exchange, conceal, or receive, contrary to the meaning of this act, any arms, cloaths, or accoutrements, belonging to the militia, he fhall, on conviction as aforefaid, forfeit, for every fuch offence, 5; which, if he refufe immediately to pay, fhall be levied by diftrefs, and fale of his goods; and, for want of distress,che fhall be committed to the county gaol for three months, or publicly whipped, at the difcretion of the juftice or justices.

41. No officer or private man of the militia fhall be liable to any penalty for abfence, while going to vote at, or returning from an election of a member of parliament.

42. All muskets delivered for the militia, fhall be marked distinctly with the letter M, and the name of the county to which they belong.

43. The ferjeants fhall receive all the orders with respect to training the mili tia-men, from the adjutant, and their fuperior officers; and fhall report to

them,

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