Page:Ruffhead - The Statutes at Large - vol 8.djvu/281

 A. D. 1757. Anno tricefimo primo Georgii II, C. 26. 247 County to exceed the Number of twenty ; and every fuch Perfon fliall be, and is hereby deemed ^ and declared to be, duly and fufficiently qualified to atft and ferve under fuch refped^ive Ccm- miffion ; any thing in the faid recited A6t, or this Adt, contained to the contrary notwith- ftanding. VI. And be it enabled, That the Captain of every Company of Militia may and fhall appoint Power to Captains to appoint two Perfons to be Drummers to his Company, and may and ihall appoint Corporals out of the Corporals and Drummers, and Private Men of his Company, in the Proportion of one Corporal to twenty Men, and may ^'^¥^<:e ^^em -, and, with the difplace fuch Drummers and Coroorals rcfpeitively for Mifbehaviour, and appoint others in j'^pp'"^^^^!""^"^^^^ ^'^"'^"^"'s> their Room, from time to tim.e, as he fhall fee Occafion ; and may and fliall appoint, with the Mih^'tKenTfi'ifup Va^'canJ'ies- Approbation of his Majefty's Lieutenant, Serjeants out of the Private Men of his Company, and the Colonel or Commanolng* to fill up fuch Vacancies of Serjeants as may happen therein ; and every fuch Appointment fhall Officer of the Battalion, may, be deemed an adtual Difcharge of the Perfon fo appointed from fervihg in the Militia as a Pri- "P°" Complaint to the Captain, vate Militia Man ; and that it fhall be lawful for the Colonel, or, in his Abfence, for the Com- '■^'"ove fuch Serjeants, manding Officer of any Battalion of Militia, to difplace, upon the Application of the Captain, any Perfon fo appointed a Serjeant out of the Private Militia Men. VII. Provided always, and be it enaded and declared. That it is and fhall be lawful for any A Deputy Lieutenant and juftice Deputy Lieutenant, or Jullice of the Peace, to ail in the Execution of this AS: in any and "f the Peace may aft in any Sub- every Subdivifion within the County, Riding or Place for w^hich he is or fliall be commiflioned j <Ji"fion. and that each and every fuch Deputy Lieutenant and Juftice of the Peace hath, and (hall have, the fame Power and Authority therein, as is by the faid recited AS, or by this Acft, given to any Deputy Lieutenant or Juftice of the Peace, within the Subdivifion to which he is or (hall be particularly appointed ; any thing in the faid recited A6t, or in this AS, to the contrary not- withftanding. VIII. And be it enabled. That his Majefty's Lieutenant for any County, Riding or Place, a Clerk for the General Meet- may and fhall appoint a Clerk for the General Meetings within fuch County, Riding or Place, ings to be appointed by the Lieu- and may difplace fuch Clerk if he fhall think fit, and appoint another in his Room ; and the tenant; and clerks for the Sub- Deputy Lieutenants, at their firft Meeting within their refpeftive Subdivifions, or the major 5|^'^°" ^"""g^ '° ^ appointed Part of them prefent, may and fhall appoint a Clerk for their Subdivifion, and may, at any "^y *e Deputy Lieutenants, other Meeting within their Subdivifion, difplace fuch Clerk, if they, or the major Part of them prefent, fhall think fit, and appoint another in his Room. IX. And be it enacted by the Authority aforefaid. That in every County, Riding or Place, wi, ere Com ifr h in which Commiffions for the Field Officers, and Captain of any one Battalion of the Militia been iffneri J SrlL^A^l^- "^k* /•/-i/~i -n- 1- T>i 1 111 • 1 i-r»r <-i ""^t^" "'"ea, Or accepted 01, the of fuch County, Kidmg or Place, have not already been given and accepted m Purfuance of the Lieutenanttoadvertife a Meeting faid recited A£l, his Majefty's Lieutenant fhall, within fourteen Days after the paffing of this "f Pevfons qualified and willing Aft, or as foon after as may be, by an Advertifement inferted in the London Gazette, and alfo *° ^f =^^ Officers in the Militia in fome one or more of the Weekly News Papers (if any fuch there be) publifhed or ufually '"^^^'""'y"-'^''"^ circulated within fuch County, Riding or Place, fummon a Meeting of all Perfons qualified ac- cording to the Dire<5fions of the faid recited AS, and of this Avft, to ferve as Officers in the Militia of fuch County, Riding or Place, and willing to accept fuch Commiffions, to be holden on fome certain Day within one Month after the Publication of fuch Advertifement; and at fome certain Place within fuch County, Riding or Place ; in order that every Perfon fo qualified ,.,!,„„ .i, .„ j ,• •, . f ,- -J J -ir ^ ^ r , r^ ■ rr r l K/r • i i- i • ^"^f^ they are to deliver in their as aforelaid, and willing to accept any luch Lommillion, may, at luch Meeting, deliver his Names and Rank they are wil- Name in Writing, orcaufe it to be delivered to his Majefty's faid Lieutenant, or, in cafe of his ling to ferve in j Abfence, to fuch Perfon as fliall be authorized by fuch Lieutenant to receive the fame, fpecify- Ing alfo the Rank in which he is willing to ferve ; and that if his Majefty's faid Lieutenant fhall and if at fuch Meeting or with- not be able to find, within one Month after fuch Meeting, fo many Perfons qualified and wil- in one Month after, a Sufficient' ling to accept the Commiffions of Field Officers and Captains refpe(Stively, as (hall be equal to Number of Perfons duly qual fied the Number of Field Officers and Captains requifite for any one Battalion of the Militia of fuch ^"t^}. """^ ^i^ found to accept Com- County, Riding or Place, then, and in fuch Cafe, it ftiallbe lawful for his Majefty's faid Lieu- HtiTM /i'M^"'""'"r'. ""l » >r • i/-ii-niii' -1 T T /^ 1/-1. n JiKe publicx. Notice, to fulpend tenant, upon ivotice thereof publilhed by him in the London Lrazette, and fuch other Papers as all further ProcecJing aforefaid, to fufpend all farther Proceedings in the Execution of the Provifions of the faid re- cited A(5l, and of this Acf, v/ithin fuch County, Riding or Place, until the following Year ; and that whenfoever and as often as fuch Execution fhall have been fo fufpended, his Majefty's till March following, when like faid Lieutenant fhall, on or before the twenty-fifth Day of March next following, fummon, in Summons and Notice is to be like Manner, and with like Notice, a Meeting within fuch County, Riding or Place, of 8'^^"' ant* th? Provifions in the all Perfons fo qualified and willing to ferve as aforefaid; and his Majefty's faid Lieutenant, '"T" ^"^'^*' ^^'^n ^^'"^" and all other Perfons, fhall proceed thereupon, and alfo in the farther Execution of the Pro- *° '""'""^'" ^"'^^'"'""°"- vifions of the faid recited Adt, and of this A<5i, in like Manner, to all Intents and Purpofes, as he and they refpectively ought to have done, in cafe a fufficient Number of Perfons fo qua- lified and willing to ferve as aforefaid had been found in the Year one thoufand feven hundred and fifty-eight. X. Provided always, That no Commiffion fhall be granted to any Perfon to be an Officer The Names of Perfons intended of the Militia of any County, Riding or Place, until the Lieutenant of fuch County, Riding for Officers are to be certified or Place, fhall have certified the Name of fuch Perfon to his Majefty, his Heirs or Succeflbrs*^ to his Majefty, before Cooimif- (which fuch Lieutenant is required to do) and in cafe his Majefty, his Heirs or Succeffbrs, (hall, f'"n? be granted them; and if within one Month after fuch Certificate laid before his Majefty, his Heirs or Succcffors, fignify ll^} '^8"'fy. w.th.n a Mcmh, his ortheir Difapprobation of ftich Perfon to be fuch Officer in the faid Militia, his Majefty's nlV^^it^'tobc^J^^^^^^^^ laid Lieutenant Ihall not grant fuch Commiffion to fuch Perfon. fuch Perfon. XL And