Page:Ruffhead - The Statutes at Large - vol 8.djvu/497

 A. D. 1759* Anno tricefimo tertio Georgh 11. C. 22. 463 X. And be it enabled. That where the Number of Officers in any Regiment, Battalion, or In- So many Officers now dependent Company of Militia, now imbodied and in a£lual Service, exceeds the Number by this embodied and m Service, Aa intitled to Pay under the Eftablifhment aforefaid, fuch and fo many of them of each refpeaive ^'''"ht EftaliHZen" Rank exceeding the Number fo intitled to Pay, fhall within two Months after the paffing of this of Pay, may be exempted Aa, be exempted from a<5tual Service, as fhall defire fo to be ; and no Officer fo exempted fliall be from Service as (hali de- intitled to or receive any Pay as an Officer of the Militia. fife it; but they are not to be XL And whereas it might conduce to the better DHcipling of the Militia, if the Adjutant of '"^^'^"^ " ^'^ • eutenants or inferior CommilTions may be or Pla'ce, to grant unto the Adjutant of each Regiment or Battalion a Commiffion of Lieutenant, or granted to Adjutants, any inferior Commiffion therein, if he {hall think fit, although fuch Adjutant (hall not have the Qua- ^^^^j.^^^J^i^^'"' ' ^"^"^ lification mentioned in this or any former Adt ; and fuch Adjutant (hall be and is hereby freed and ^ .' discharged from all Penalties and Forfeitures for taking and holding fuch Commiffion, or adling as for hoWingVie i^ame'. "^ a Commiffioned Officer in fuch Regiment or Battalion, without having fuch Qualification ; any thing herein, or any former A& or A(Sts, to the contrary notwithftanding. XII. Provided always, and be it enadted. That if the Number of private Militia Men within any Where the Men of any fuch City or Town as aforefaid, fliall not be fufficient to form one Company according to the Efta- City crTov/n fiiaii not blifhment aforefaid, then and in fuch Cafe, the private Militia Men of fuch City or 'l^own fhall be cJ^^.'nT"' *°™' and be deemed Part of, and fhall ferve in fome Company or Companies of the Militia of the County they aieto be deemed or Riding to which fuch City or Town is by an Ad made in the thirtieth Year of his Majefly's Part of', and to (erve in. Reign, intituled. An Ad for the better Ordering of the Militia Forces^ in the feveral Counties of thnt (ome Cocn^any of the Par? 0/ Great Britain called Enghnd ^ united, for the Purpofes therein mentioned ; and the Deputy c;"unty> &<=■ t? ^hidi Lieutenants and Juftices of the Peace of and for the County or Riding to which fuch City or Town ^^ gL^'^z. Tze? is fo united as aforefaid, fhall in fuch Cafe have full Power and Authority to a£l within fuch City u^tgd . " ' ' or Town with refpe£t to fuch Matters only as fhall relate to the Militia thereof, in the fame Man- and the Deputy Lieute- ner, and to all intents and Purpofes as they are by Law impowered and required to a£l with refped nants and Juftices may to the Militia of any other Part of fuch County, Riding or Place ; any thing herein or in any other ^^. '^^^fs'"' ^^ ^'''^y /"^y A <-. ^ • J ^L -L i. -^u/L J- 3 } o i do m any County with re- A61 contamed to the contrary notwithitandmg. fpeftto theMihtiathere- ' XIII. And whereas -fome Doubt hath arifen whether certain Provifions contained in an A&. niade y^jj the Provifions in the ' the better Payment of the Arrny and their ^wrters, do at any Time, or in any Cafe, extend to. the extend equally to the Time that any Regiment Battalion, or Independent Company of Militia fhall be drawn out and em- tTthe"K!n 'Se'^ ul« bodied, until they fhall be returned again by Order of their Commanding Officers, to their refpec- /orcel- ' ^ ^"" tive Parifhes or Places of Abode, all the Provifions contained in the faid A61 relating to Officers and Soldiers muftered, lifted, or in Pay in his Majefty's Service, do and fhall equally extend to, and ... take Place, in refpeft of the Officers and private Militia Men of every fuch Regiment, Battalion or otherwYe'fptdaHyVo- Independant Company of Militia refpe£tively, excepting only as to fuch Particulars as are or fhall vided for by any of the be otherwjfe fpecially provided for by any A6t or Ads of Parliament for regulating the Militia Forces Militia Afts. within the Part of Great Britain aforefaid. XIV. And whereas by a Claufe in an Adi made in the laft Seffion of Parliament, intituled. An The Claufeln theAft of the Captains, Lieutenants, and Enfigns, of the Pvljlitia in the Ifle of Ely, in the County of officers tor the Ifle of That fo much of the faid Claufe as requires that one Half of fuch Eftates fliall be fituate or arifing and the fame may lie ei- within the faid Ifle of £/y, be and the fame is hereby repealed ; and that one Half of the Eftates '''""1^'^°'^^^^' by the faid recited A£l refpecSlively required for the Qualification of the Deputy Lieutenants, and of " ^^ '^^ the Captains, Lieutenants and Enfigns, of the Militia, in the faid Ifle of£/y, fl:iall be fituate or arifing within the faid Me, or fome other Part of the County of Cambridge : And in cafe any Perfon ^^^^. the Penalty of aains fhall aft as a Deputy Lieutenant, or as a Captain, Lieutenant, or Enfign of the Militia, in the faid not being qualified, is Ifle, who Ihall not be refpedtively qualified in fuch Manner as by the faid recited Claufe (fo far as the fame as withia any the fame is not hereby altered) and by this Aft is required, every fuch Perfon fhall be fubjeft and other County. liable to the fame Penalties and Forfeitures as any Perfon is f^ubjeft and liable to for afting as a De- puty Lieutenant or Officer of the Militia, within any other County or Place in England^ without See farther Chapter %i^, being qualified according to the Afts of Parliament now in Force relating thereto, »«d 2 Cea. 3. c, 20. CAP. XXIII.
 * in this prefent Seffion of Parliament, intituled. An Ad for punijhing Mutiny and Defertion, and for Mutiny Aa are to
 * Officers of the Militia and Private Militia Men ;' It is hereby declared and enaded. That from the Mihtia while drawn
 * Cambridge, fhall be fituate or arifing within the faid Ille, from which Proviiion fome Inconveni- Ely, fliallliewichia the
 * ence has been found to arife ;' For Remedy whereof, Be it enaited by the Authority aforefaid, f^'"* ^^^» »« repealed;