Page:Ruffhead - The Statutes at Large - vol 8.djvu/284

 2 f:o C. 26. Anno tricefimo prinio Georgii II. A. D. 1757. ' for the Defence of the fame, during the Time for which I am inrolled, uiikfs I ' ' difcharged.' Ihall be fooner to fce adminidcred ty the Deputy Lieutenant. Penalty of refufing to take the f-me. Difchargcs miy lie granted, and V.'.caniics fillej up, at any Meet- jnc <'f the Deputy Lieutenants in their Subdivinons, A Vacancy upon the Death of a Siibftitute ; or liis entering into the King's Service ; or upon his FroiDotion in the Mili'ia ; or upon his Difcharge for juft Caufc J to be filled up by Lot. The Privy Council, upcn recei- ving the correiHel Lifts ordered to be tranfaiitteii to them, are to re:tle the Qj^ota of Men to ferve tor each County, according to fbe Proportion the Returns for tach Cninty bear to the While Number to be raifed throughout the Kingdom ; and are forthwith to tranfmit Accounts of the Nunibcrs {o tetlled, to the icf)tc!:ive Lieu- tfnan's ; and if the Number /hali be greater than was requi- revi by the fcrmer AO, a General Meeting Is to be held, and the additifnal M:n are to be fben chofcQ by Lot y ar^1 iflrf?, a. proportional Num- ber i* to be discharged by Lot. "Where the Number to he raifrd in any County, ftiall be unequally CI ciropcoufly apporiionrd a- mongA ihe Hunotcds or Divi- fioPf thereof ; the Lieutenant and Deputy Lieutenants ate to Which Oath any one Deputy Lieutenant is hereby authorized to adminifter : And In cafe any fuch Perfon lliall refiife or neglect to take the faid laft-mentioned Oath, he fliall be fubjeifl and liable to the fame Penalties as are inflidled in and by the faid recited Ait, for refufing to take the Oaths, and to make, repeat and fubfcribe the Declaration therein mentioned ; to be recovered and applied in the fame Manner as the faid Penalties are therein direcSled to be recovered and applied. >J XIX. And be it enailed. That it may and fhall be lawful for the faid Deputy Lieutenants, or any three or more of them, or any two Deputy Lieutenants, together v/ith any one Juftice of the Peace, or any one Deputy Lieutenant, together with any two Juftices of the Peace, at any • of their Meetings within their refpe£i:ive Subdivifions, as well as at their annual Meetings in the Week before Michaelmas Day, to difcharge Pcrfons from fcrving in the Militia, and alfo to fill up all Vacancies, according to the Direftions of the faid recited A.iSt, and this A6t. XX. Provided always. That when any Subftitute fhall, after having been approved of by any three Deputy Lieutenants, or by any two Deputy Lieutenants, together with any one Ju- flice of the Peace, or by any one Deputy Lieutenant, together with any tv/o juftices of the Peace, and before the Expiration of the Term for which he was to ferve, die, or enter into any of his Majefty's Land or Sea Forces, or be appointed a Serjeant in the Adilitia, or be difcharged for any other juft Caufe, the Perfon for whom he ferved as Subftitute fliall not be obliged to ferve himfelf, or to find another Subftitute ; but fuch Vacancy (hail be filled up in like Manner as is dire£led by the faid recited Act, and by this A61, in cafe of Vacancies occafioned by the Death or Difcharge of Perfons ferving for themfelves. ' XXL And whereas it is found by the Returns of the Numbers of Perfons contained in the Lifts for the Parillies, Tythings and Places within the fevcral Counties, Ridings and Pla- ces in that Part of Great Britain called England^ out of which Lifts the Private Militia Men are by the faid recited Act paficd in the laft Seffion of Parliament directed to be raifed, that the Numbers of Private Militia Men fo dire6led to be raifed in the faid fevcral Counties, Ridings and Places, do not bear fo juft a Proportion to each other, in making up the Whole Number of Private Militia Men, by the faid A61: directed to be raifed, within the Part of Great Britain aforefaid, as in Juftice they ought ;' Be It ena6ted, That after all the faid Lifts ftiall have been returned to, and amended by the refpective Deputy Lieutenants and Juftices of the Peace, and tranfmitted to his Majefty's Privy Council, as they are by the faid recited Adt, and by this Acft, directed to be, it fliall be lawful for the faid Council, and they are hereby re- quired to fix and fettle, as near as may be, the Number of Private Militia Men, who fliall for the future ferve for each County, Riding or Place, within the Part of Great Britain aforefaid, by the Proportion which the Number returned in all the Lifts for the Pariflies, Tythings and Places therein, bears to the Whole Number of Private Militia Men by the faid recited Act dircSled to be raifed, within the Part of Great Britain aforefaid; and forthv^ith to tranfmit Accounts of the Numbers fo fixed and fettled to all his Majefty's Lieutenants of Counties, Ridings and Places, v.'ithin the Part of Great Britain aforefaid refpectively : And where the Number of Private Mi- litia Men fo fixed and fettled as aforefaid, fliall be refpc6tively greater than the Number of Pri- vate Militia Men who fliall have been, by virtue of the faid recited Adt, appointed to ferve for any County, Riding or Place, then, and in fuch Cafe, his Majefty's Lieutenants, together wirfi any two or more Deputy Lieutenants, or, in the Abfence of his Majefty's Lieutenant, any three or more Deputy Lieutenants, fliall, at a General Meeting to be held for that Purpofe, appoint what Number of Private Militia Men fhall ferve for each rcfpe(5tive Hundred, Rape, Lathe, Wapentake, or other Divifion, within the County, Riding or Place to which they belong ; and the additional Number of Private Militia Men to make up the Whole Number fo fixed and fettled as aforefaid, fliall be chofcn by Lot, In the fame Manner as all other Private Militia. Men are by this A£t directed to be chofen ; and all the additional Men fo chofcn, or their Sub- ftitutes (to be appointed as Subflitutes are required to be by this A<ft:} fliall take the Oath by this Act required to be taken, and fliall refpe£tively be inrolled, or fign their Confcnt to ferve in the Militia in the fame Manner as is diredled, and fliall be fabjeift, in cafe of Refufal, to the fame Penalties as are in like Cafes inflicted by this Act : And where the Number of Private Militia Men fo fixed and fi.-ttled as aforefaid, fliall be refpeftivcly lefs than the Number of Private Militia Men who fhall have been, by virtue of the faid recited A6t, appointed to ferve for any County, Ridino; or Place, then and in fuch Cafe, his Majefty's Lieutenant, together with any tv.'o or more Deiuity Lieutenants, or, in the Abfence of his faid Alajefty's Lieutenant,, any three or more Deputy Lieutenants, fliall, at a General Meeting to be held for that Purpofe, difcharge by Lot proportionably out of each rcfpe6Hve Hundred, Rape, Lathe, Wapentake, 01- other l)ivifion, fo many private Militia Men as fliall exceed the Number fo fixed and fettled as, aforefaid. XXII. And be it enacted. That In cafe it fliall at any Time appear to his Majefty's Lieute- nant, and any two or more Deputy Lieutenants, or on the Death or Removal, or in the Abfence of his Majefly'sLieutenant, to any three or more Deputy Lieutenants of anyCounty, Riding orPIace^ at their (jcneral Me.-ting, that the Diflribution by them madeof the whole Number of Militia Men. charged upon fuch County, Riding or Place, among the fevcral Hundreds, Rapes, Lithes, Vv'^apon- takes, or other Divifions, was cither unequally and erroncoufly made, or, from any fubfcquent Altera-
 * uflant, and that 1 will faithfully ferve in the Militia within the Kingdom of Great Britain^