fhall be in or oppofite to their refpecive Counties and Stewartrics, or any Part of the Sea within the aforefaid Distance of the Coaft thereof. LXI. And be it further enacted, That this Act fhall continue in Continuance of, Force until the First Day of June One thoufaad eight hundred and Act. thirteen, and from thence to the End of the then next Seffion of Parliament. CA P. CXI. An At for enabling His Majefty to 6 W eftablifh a permanent [See Chapter 150 THEREAS it is expedient in the prefeat Circumstances of Europe, that a Local Militia Force fhould be eftablished, trained, and permanently maintained, under certain Restrictions in • England, to be called forth and employed in cafe of Invasion in Aid of His Majefty's Regular Militia Forces for the Defence of the Realm; May it therefore pleafe Your Majefty that it may be en acted; and be it enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That a permanent Local Militia Force fhall be ballotted and enrolled in England, at fuch Periods, and in fuch Counties, or in any fuch Divifions or Parts of any Counties, and in fuch Proportions in any fuch Divifions or Parts of any Counties, as His Majefty fhall by any Warrant or Warrants under His Royal Sign Manual fpecify, order, and direct in that Behalf, according to the Provifions of this Act, and under the Reftrictions and Regulations herein-after mentioned. II. Provided always, and be it further enacted, That the Number of Men fo ballotted and enrolled under this Act, fhall not, in any County or Divifion, or Part of any County, exceed fuch Number as will, in addition to and together with and including the effective Yeomanry and Volunteers then ferving in fuch County, or fuch Divifion or Part of fuch County refpectively, exclufive of Supernumeraries above the Establishment of fuch Corps ferving without Pay, who shall have been enrolled therein after the First Day of April One thousand eight hundred and eight, amount to Six Times the refpective original Quota or Proportion of the original Quota of Militia of fuch County, or Divifion or Part of fuch County refpectively, under an Act paffed in the Forty-fecond Year of the Reign of His prefent Majefty, relating to the Militia of England. A permanent Local Militia fhall be allotted and enrolled in England. Not to exceed Times the effective Volunteers fhall be fupplied by additional Loca Militia Meu. III. Provided alfo, and be it further enacted, That when and fo Deficiencies in often as the Number of effective Yeomanry and Volunteers in any County, or Divifion, or Part of any County, fhall be reduced by the difbanding or difcontinuing the Services of any Corps of Yeomanry or Volunteers, or by reafon of the effective Members of any fuch Corps being diminished, it fhall be lawful for His Majefty from Time to Time to order and direct that a Number of Local Militia Men equal in Amount to fuch Deficiency fhall be forthwith ballotted and enrolled under this Act, fo that the Number in the Whole of the Local Militia under this Act, and effective Yeomanry and Volunteers, fhall be equal to Six Times the Amount of fuch Quota or Proportion of Quota as aforefaid. On receiving Order to ballot Men, Lord IV. And be it further enacted, That immediately after any fuch Order fhall have been received by any Lord Lieutenant or Vice Lieu Lieutenant, &c. tenant, or Three Deputy Lieutenants executing the Office of Lord fhall appoint His Majefly may order Counties to be divided wherein more than One Regiment, &c. of Local Militia is to be raifed. Powers of Militia this Act. Lieutenant, the faid Lord Lieutenant, Vice Lieutenant, or Deputy Lieutenants fhall fummon General and Subdivifion Meetings, and fuch General and Subdivifion Meetings refpectively fhall enquire in what Hundreds or Parishes or Places fuch Deficiency fhall have arifen, and fhall proceed to divide and apportion the Numbers fo deficient among the Hundreds, Parishes, and Places refpectively in which fuch Defi ciency fhall be found to exift, and proceed to the ballotting and enrolling of Men for the Local Militia, according to the Provifions of this Act. V. And be it further enacted, That it fhall be lawful for His Majefty, in any Cafe in which more than One Regiment, Battalion, or Corps of Local Militia is ordered to be raised in any County, to direct the Lieutenant, Vice Lieutenant, or Deputy Lieutenants of fuch County to divide fuch County, for the Purposes of this Act, into fuch Number of Divifions as there are Regiments, Battalions, or Corps to be raised in fuch County, Regard being had to the Number of Perfons liable to ferve and the Establishment of each Regiment, and all other Circumstances of local Convenience; and from and after fuch Divifion, each of fuch Divifions of fuch County shall supply all Vacancies arifing in the Regiments, Battalions, or Corps refpectively belonging to fuch Divifions: Provided always, that fuch Divifions and all Apportionments made in pursuance thereof may be from Time to Time varied or altered, as Occafion may require. VI. And be it further enacted, That all Powers, Provifions, Acts extended to Rules, Regulations, Exemptions, Penalties, Forfeitures, Clauses, Matters, and Things contained in the faid Act of the Forty-fecond Year of His Majefty's Reign, or in any Act paffed in the laft Seffion of Parliament, or in any other Acts now in force relating to the Militia of England, fhall, as far as the fame are applicable and can be applied to and for the Purpose of carrying this Act into Execution, and are not hereby altered, varied, or repealed, be used, exercifed, applied, and put in force for the raifing the Local Militia, and for the training and exerciting the fame as the regular Militia may be trained and exercifed when not embodied, until the faid Militia shall be called out and embodied under any Order in Council or Proclamation purfuant to the Provifions of this Act; and all Powers, Provifions, Rules, Regulations, Exemptions, Penalties, Forfeitures, Claufes, Matters, and Things contained in the faid Acts in relation to the Regular Militia of England when embodied, and not hereby altered, varied or repealed, fhall, as far as the fame are applicable and can be applied, be ufed, exercised, applied, and put in force, in relation to the Militia under this Act, when fo called out and embodied, in as full and ample a Manner as if the faid Powers, Provifions, Rules, Regulations, Exemptions, Penalties, Forfeitures, Claufes, Matters, and Things, were again repeated and re-enacted in this Act: Provided always, that all Acts, Matters, and Things to be done by any Deputy Lieutenants or Juftices (fave and except fuch Matters and Things as are required to be done by the feveral Acts at General Meetings of Lieutenants) fhall and may be done and performed by Two Deputy Lieutenants, or by One Deputy Lieutenant and One Juftice of the Peace. Two Deputy Lieutenants, or Justice, may act. VII. And added to VII. And be it further enacted, That it fhall be lawful for the Extra-parochial Deputy Lieutenants, and they are hereby required, at the firft or any Places ihall be adjourned or other General Meeting held for the Purpose of carrying this Act into Execution, to afcertain the Number and local Situa- Parishes. tion of all Extra-parochial Places within their refpective Counties, and to add each of the fame for the Purposes of this Act to fuch Parifh as may appear to be moit convenient for the Purpofe of carrying this Act into Execution, and from and after the adding any Extra-parochial Place by the Deputy Lieutenants at any General Meeting to any adjoining Parish, fuch Extra-parochial Places fhall for the Purposes of this Act be deemed and taken to be Part of fuch Parish; and all Deputy Lieutenants, Chief Conflables, and Special and other Conftables, and all other Officers and Perfons whatfoever, having any Power, Authority, or Jurifdiction in fuch Parish, in relation to the carrying this Act into Execution, fhall have like Power, Authority, and Jurifdiction in fuch Extra-parochial Place for all Purposes whatever in relation to the carrying this Act into Execution, as fully and amply as if fuch Extra-parochial Place made Part of fuch Parish. VIII. And be it further enacted, That the Men to be raised under this Act fhall be ballotted out of and from the Perfons between the Ages of Eighteen and Thirty, returned in the Lifts now exifting, or which may hereafter be made and returned or amended and corrected for the railing of the Militia under any Acts relating to the Militia of England; and it fhall be lawful for His Majefty, if He fhall think fit, to order and direct the making out any new Lifts, and in fuch Claffes as to Age or otherwife, and in fuch Form as may be deemed expedient for the Purpofe of carrying this Act into Execution; and no Perfon ballotted to serve in the Local Militia, fhall be allowed to find or provide any Substitute to ferve in his Stead, or be entitled to any Bounty or Half Bounty; any Thing in this or any other Act to the contrary notwithstanding, IX. And be it further enacted, That on making out or amending of any Lifts after the paffing of this Act, of Perfons fit to ferve in the Local Militia, every Perfon who fhall wilfully neglect to appeal within the Time appointed for that Purpose, fhall forfeit for every fuch Offence any Sum not exceeding Five Pounds, nor lefs than Twenty Shillings, at the Difcretion of any Two or more Deputy Lieutenants or Juftices of the Peace or Magiftrates, and on Non-payment thereof be imprifoned, at the Difcretion of any Two or more Deputy Lieutenants or Juftices of the Peace or Magiftrates as aforefaid, for any Time not exceeding Fourteen Days. Men fhall be. ballotted out of Militia Lifts. Penalty on neglecting to appeal within the 51. to 20s., &c. limited Time, Special be above 30. Conftables fhall Years old. Exemption for 1 X. And be it further enacted, That no Perfon fhall be appointed or act as a Special Conftable for the Purpose of affifting in the making out any new Lifts, or otherwife in aiding in the Execution of this Act, who fhall not be above the Age of Thirty Years. XI. And be it further enacted, That it fhall be lawful for any Two Deputy Lieutenants, or any Deputy Lieutenant and Juftice of Perfons unable the Peace, upon the Examination of any Perfon ftating his Inability to ferve from to ferve from Illness, bodily Infirmity or Debility, or if fuch Perfonnei's or bodily Iufirmity. is prevented by fuch Illness or Infirmity from attending, on fuch Certificate of any Phyfician, Surgeon, or Apothecary, actually practifing as fuch, as fhall be fatisfactory to fuch Deputy Lieutenant or Juftice, that any Perfon enrolled to ferve under this Act is from Ill Exemptions: in the Tower, &c. nefs or any bodily Infirmity or Debility unable to ferve, to caufe fuch Perfon to be ftruck out of the Enrolment, and excufed from Fine and from Service under this Act, fo long as fuch Illness, bodily Infirmity, or Debility, fhall continue. XII. And be it further enacted, That no licenfed Teacher of any Congregation in Holy Orders, or pretended Holy Orders, and not carrying on any other Trade, or exercifing any other Occupation Perfons employed for his Livelihood, except that of a Schoolmatter, nor any Medical Man actually practifing as a Phyfician, Surgeon, or Apothecary, and no Perfon mustered, trained, or doing Duty or employed in His Ma jefty's Service in the Tower of London, the Royal Arfenal at Woolwich, or at any Gun Wharfs, or at any Powder Mills, Powder Magazines, or other Storehoufes belonging to His Majefty, under the Direction of the Board of Ordnance, fhall be liable to be ballotted for the Local Militia, fo long only as they respectively continue within any of the Defcriptions aforefaid; and every Perfon who fhall have Perfons ferving, ferved, or is now ferving in Perfon in the additional Military Force, &c. under 43 G. 3. c. $2. Period of Exemption of Perfons having ferved in Militia, &c. Certain Perfons exerapted from ferving in the Militia, liable to ferve in the Local Militia. Apprentices ballotted fhall not inlift in the Army, &c. without the raised under an Act paffed in the Forty-third Year of the Reign of His prefent Majefty, or who fhall have been ballotted, and fhall have provided any Subftitute, or fhall have paid any Fine for not ferving or finding a Subftitute in fuch additional Force, fhall be exempt from Ballot and Service in the Local Militia, in like Manner, and for the fame Period, as fuch Perfon was or is exempt from Ballot and Service in the Regular Militia during the Continuance of the faid Act of the Forty-third Year aforefaid; any Thing in any Act orActs of Parlia ment to the contrary notwithflanding. XIII. Provided always, and be it further enacted, That no Per. fon having served in the Regular Militia or fuch additional Force, or provided any Subftitute, or paid any Fine for not ferving, or fiading any Subftitute in the Regular Militia or fuch additional Force as aforefaid, fhall be entitled to Exemption from being ballotted under this Act, for any longer Period than Four Years after the Expiration of his Period of Service, if he shall have served in Person, or Six Years from the Period of any fuch Substitute being enrolled, or Four Years after having paid any fuch Fine. XIV. And be it further enacted, That no articled Clerk or Ap prentice, nor any poor Man who has lefs than Three Children born in Wedlock, nor any Perfon under the Height of Five Feet Four Inches, who fhall be of the Height of Five Feet Two Inches, or upwards, fhall, by reafon thereof, refpectively be exempt from being ballotted and ferving under this Act, notwithstanding fuch Perfons may, by reason of coming within any of fuch Defcriptions as aforefaid, refpectively be exempt from ferving in the Militia under any Acts relating to the Militia. XV. Provided always, and be it further enacted, That nothing in this Act contained fhall extend or be conftrued to extend to au thorize any Apprentice ballotted under this Act, to lift in the Army, Navy, Marines, or Regular Militia, or to enter as a Volunteer in the Local Militia without the Coufent of his Mafter; provided alfo, that no Ballot, Enrolment, and Service under this Act, fhall extend to this Act shall not make void or in any Manner to affect any Indenture of Apprenticefhip or Contract of Service between any Mafter or Servant, notwithftanding any Covenant or Agreement in any fuch Indenture or Contract, and no Service under this Act of any Apprentice or Servant shall Mafter's Confent. affect Contracts of Service. be be deemed or conftrued or taken to be an Abfence from Service, or a Breach of any Covenant or Agreement as to any Service or Abfence from Service in any Indenture of Apprenticeship or Contract of Service; any Thing contained in any Act or Acts of Parliament, or Law or Laws, or Deed or Indenture of Apprenticeship or Contract of Service, to the contrary notwithstanding. XVI. And be it further enacted, That every Perfon chofen by Ballot to ferve in the Local Militia, fhall appear at fome Meeting to be appointed for that Furpofe; and if on Examination fuch Perfon fhall be found able and fit for Service, he fhall then and there take the following Oath; (that is to fay,) A. B. do fincerely promife and fwear, that I will be faithful and bear true Allegiance to His Majefty King George; and that I will faithfully ferve in the Local Militia of the County or City of within Great Britain, for the Defence of the • fame, during the Time of Four Years for which I am enrolled, un- Cc4 |