Page:Ruffhead - The Statutes at Large - vol 8.djvu/119

 A. D. 1757* Anno tricefimo Georgii II. C. 25. 85 puty Lieutenants, together with any one Juftice of the Peace, or any one Deputy Lieutenajit, together or more of them, or any two Deputy Lieutenants, together with any one Juflice of the Peace, or any one Deputy Lieuteiiant, together with any two Jnflices of the Peace, fhall caufe a like Number of other Perfons to be chofen by Lot out of the Lifts of fuch Parifhes, Tythings or Places where fuch Vacancies fliall happen, unlefs the Perfon by whom any fuch Vacancy fhall be made, ferved as a Subltitute ; in which cafe the Perfon for whom he ferved fhall himfelf ferve, or provide another Subftitute for the Re- mainder of the three Years unexpired from his having provided his firfl Subftitute ; which Perfons fo fcrfons cho'bn chofen, or Subflitutcs fo provided and approved as aforeiaid fhall take the fud Oaths, and make, repeat OathV ^^c^ m'j and fubfcribe the Aiid Declaration ; and every Perfon fo chofen fhall be inrolled, and every Subftitute fo be^^rollcd/" j#ovided fliall fubfcribe his Confent to ferve, and fliall ferve in the faid Militia for the Space of three Years, or for the Remainder of the three Years unexpired, fubjctSl to the Diredtions, Provifions and Pe- nalties in this ASt contained. XXf. Provided always, and be it enabled, That every Militia Man fhall, if he change the Place of Private fan, his Abode, continue adually bound to ferve in the Militia of the Parifli, Tything or Place to which he changing his lliall fo have removed, until his three Years Service fhall be completed ; and if the Quota to the Militia J-„ve inThe^^ of the Parifh, Tything or Place to which he fhall fo have removed, be full, he fhall, on the firft Vacancy, pjacehe remove: be inrolled to ferve in the Militia thereof, until the whole Term of three Years ailual Service be com- to, ana to give pleted ; and every fuch Militia Man fhall, before he change the Place of his Abode, give Notice thereof previous Notice to any three or more Deputy Lieutenants, or to any two Deputy Lieutenants, together with any one Ju- °* ^'^ Removal ftice of the Peace, or to any one Deputy Lieutenant, together with any two Juftices of the Peace, at fome lJu [£„/„' j."'^ publick Meeting, or to one Deputy Lieutenant, who fhall give to fuch Militia Man a Certificate of the Time he fhall have ferved in the Militia of the refpeilive Parifli, Tything or Place, from his Inrollment to ferve in the fame ; and if fuch Certificate fhall have been given by one Deputy Lieutenant only, fuch Deputy Lieutenant fhall certify the fame to the Deputy Lieutenants and Juftices of the Peace at their next Meeting within fuch Subdivifion ; and if any Militia Man fo changing the Place of his Abode, fliall On Negleft of not give Notice" as aforefaid, fuch Militia Man fo neglefting, and thereof convi6ted on Oath before one giving 'uchNo- or more Juftice or Juftices of the Peace, fhall forfeit and pay the Sum of twenty Shillings ; and if fuch ^'"^' '^^ '"^"eit* Offender fhall refufe immediately to pay fuch Penalty, it fhall be levied by Diftrefs and Sale of his Goods ^°^' and Chattels, by Warrant under the Hand and Seal, or Hands and Seals of fuch Juftice or Juftices, ren- dering the Overplus (if any) on Demand, after deducting the Charges of fuch l3iftrcfs and Sale to fuch Offender, upon whom fuch Diftrefs fhall have been made as aforefaid ; and for want of fuch Diftrefs, fuch Juftice or Juftices fliall commit fuch Offender to the Houfe of Corredlion, there to be kept to hard Labour for the Space of one Month. XXIL And be it enadted. That the faid Deputy Lieutenants, or any three or more of them, or any NewLirtstobe two Deputy Lieutenants, together with any one Juftice of the Peace, or any one Deputy Lieutenant, inade out, and together with any two Juftices of the Peace in the feveral Subdivifions, fhall yearly caufe new Lifts in returned to the the feveral Parifhes, Tythings or Places within the fame, to be made as is before diredfed, and to be re- nan''"s'^a,. the"r^" turned to them at their faid annual Meetings in the feveral Subdivifions ; and fliall in every third Year annuaiMectings- appoint what Number of Perfons fhall ferve for each Parifh, Tything or Place ; and fliall caufe a fufficient and every thud * Niimber of Perfons to be chofen by Lot, in the Room of fuch Perfons as fhall have ferved three Years, Year the Num- and of thofe who fhall have been difcharged ; which Perfons fo chofen fhall take the faid Oaths, make, ber of Men to repeat and fubfcribe the faid Declaration, and be inrolled in Manner aforefaid, fo that by Rotation all g oj^j/j" ^^^ Perfons not excepted by this A6f, 'living in fuch Parifhes, Tythings or Places, may ferve Perfonally or by chofen by Lot, Subftitute, for the Space of three Years ; and fhall be fubjeft to, and under the Diredions, Provifions &c. and Penalties in this A61 contained; and no Adilitia Man having ferved as a Subftitute, fhall by fuch No Subftitute to Service be excufed from ferving for himfelf, when he fliall he chofen by Lot as aforefaid ; and the faid be excufed from Deputy Lieutenants, or any three or more of them, or any two Deputy Lieutenants, together with any Serving tor him- one Juftice of the Peace, or any one Deputy Lieutenant, together with any two Juftices of the Peace, fhall tranfmit to his Majefty's Lieutenant true Copies of the faid Rolls, within fourteen Days after their Roj'i's^o'be^* refpeclive Meetings for that Purpofe ; and if any Chief Conftable, or other Officer of any Hundred, Rape, tranfmiued to Lath, V/apentake, or other Divifion, or any Conftable, Tythingman, Headbcrough, or other Officer, the Lieutenant. of any Parifh, Tything or Place, fhall refufe or negledt to return fuch Lifts from time to time, or to Conftablfs or comply with fuch Orders and Directions as he fhall from time to time receive from his Majefty's Lieu- other Officeis tenant, and the faid Deputy Lieutenants or any three or more of them, or any two Deputy Lieutenants, neg'«<^t'ng their together with any one Juftice of the Peace, or any one Deputy Lieutenant, together v/ith any two Ju- ^^y' °a ^"'"^ ftices of -the Peace, in purfuance of this Ait, or fhall in making fuch Return, be guiliy of any Fraud or ' v/ilful Partiality, any three or more Deputy Lieutenants, or any two Deputy Lieutenants, together with any one Juftice of the Peace, or any one Deputy Lieutenant, together with any tu^o Juftices of the Peace, are hereby impowered and required to imprifon in the common Gaol of the refpcitive County or Place, fuch Chief Conftable or other Officer of any Hundred, Rape, Lath, V^-^apentake, or other Divi- fion ; or fuch Conftable, Tythingman, Headborough, or other Officer of any Parifh, Tything or Place ; maybe imprifon- there to be kept v/ithout Bail or Mainprize for the Space of one Month ; or at their Difcretion, to fine edtoroneMontir, fuch Officer in any Sum not exceeding five Pounds, nor under forty Shillings ; fuch Fine to be levied by or fined, not ex- Dif^refs and Sale of the Offender's Goods and Chattels, by Vv^arrant under the Hands and Seals of any 'Ztc.^^o "'^ _ three