Page:Ruffhead - The Statutes at Large - vol 8.djvu/650

 of a Captain, 150 1. per 616 C. 20. Anno fecundo Georgii IIL A. D. 1761. hundred and fifty Pounds, in Manors, Meffuages, Lands, Tenements or Hereditaments, or Perfdnal Eftate alone, or feifed or poffcfied of Real and Perfonal Eftate together, to the Amount or Value of Lieutenant or Enfign, two ihoufand fivc hundred Pounds : And theQiialification of a Lieutenant or Enfign flia'l be a like 50 1. per Ann. Eftate as aforefald, of^heyearlj^ Value of fifty Pounds, in Manors, Meffuages, Lands, Tenements A requ L.eiuenants ana tnngnf, )^ j.^ which luch City or 1 own IS, by this Act, United for thePurpofes aforefaid ; and his Majeilv' JL''co.mrnrarcTtV' Lieutenants" and the Chief Magiftrates of fuch Cities or Towns, being Counties in themfeives, re- v'hicrthcy"are uniteJ ; fpedivcly, (hall, aud they are hereby required to put the Powers conferred by thisAdt, for raifing and theMiiitia thereof to and training the Militia within fuch Cities or Towns, into Execution ; but the'Militia of fuchCiiicj join that of the County, ^j^j Towns as aforefaid being, by this Ad, declared to be Part of the Militia of the Counties to h'*'°i^h-hemaMhT'^^i^^^ ^"ch Cities and Towns are united for the Furpofes aforefaid, the Militia of fuch Cities or General^ Excrdfe • 'J'owns fhall join the Militia of the County to which fuch Cities or Towns are fo united for the Pur- and when drawn out and pofes aforefaid; and the whole Militia fo joined together, {hall be exercifed together at the General embodied, to be deemed Exercifc, and Hiall then, and alfo when drawn out and embodied, be deemed the Militia of the Part theiecf. County to which fuch Citics or Towns ate united for the Purpofes aforefaid. Officers ir.ay be promo. XIL And be it enafted. That when any Regiment or Battalion of Militia fhall be drawn out and ted tor tlie:r Military embodied, his Majelfy's Lieutenant of the County, Riding, or Place, for which fuch Regiment or Merit in Time or actual,-^ ,. ' ~. ,1 /- ' ^ ,- t,ic- t n ' ■ n • r-t^- r r 1 t ° /• invafion, or Rebellion, -Battalion Ihall fervc, may, upon account ot Military Merit Ihewn in 1 ime ot actual Invafion or though they want a pro- ad ual Rebellion, promote any Officer therein frcm a lower to a higher CommiiTion, inclufive of that per Qualification ; of Lieutenant Colonel, notwithftanding he fliould not have the <^ialifications requifite for his firfl bu: none to be promoted ^^jj^^j^j^j^^g j,.^tQ ^^K,^ higher Ps-ank in fuch Regiment or Battalion: Provided, That no Peifot:s Swan^tTiSficadon "Ot having the Qualification herein before diredled for a Captain, (hall be promoted to an higher Rank for chat Rank. than that of Captain. RecltedQualificationsnot XIIL And be it enafted. That the Qiialifications above recited to enable any Perfon to be a to extend to Coinmifiions Deputy Lieutenant, Lieutenant Colonel, Major, Captain, Lieutenant, or Enfign, fhall not extendi granted by the Conft^bCfQ ^'^^^'^ Commiffions as lliall be granted by his Majeity's Gonftable of the Tower, or Lieutenant of of the Tower, or L:eat. ^^^ ^^^.^^ HamlctS. S-Lur'and Officers ^^^- '^"^ ^^ ^^ enadcd. That his Majefty, his Heirs and Succefibrs, fiiall, from Time to Time, mav' bc^difpiaced at the ^s he and thfy fliall think fit, fignify his and their Pleafure to his and their Lieutenants of any Conn- King's Pleafure; ty, Riding or Place, to difpLice all or any fuch Deputy Lieutenants and Officers ; and thereupon his and others to be appoint- Majefty's refpeftivc Lieutenants Ihall appoint others within the fame County, Riding or Place, under ed in their Room. ^j^g ]i]^2 Qualifications, to fcrve in their Stead. Qualifications to be fign- XV. And be it enabled, That no Deputy Lieutenant or Commiffion Officer in the Militia fliall ^S: ea, and left with the ^j fuch, until he (ball have left with the Clerk of the Peace of the County, Ridin? or Place, in and S'o°lef Wo'e" he ' ^0^ ^hich hc fhall be fo appointed, his Qualification in Writing, figned by himfelf ; and fuch Clerk ■tjr^efumew'aa^^ ^^^ of the Pcace is hereby required to enter the fame upon a Roll to be kept for that Purpofe : And every Bnd they are to 'take the Dcputy Lieutenant and Cornmiffion Officer not having already taken and fubfcribed the Oaths, and Oaths appointed by Ad made, repeated, and fubfcribed the Declaration, as required by the faid former A6fs relating to the iGeo. I. .r. 13. Militia, fhall, at feme General Qiiarter Seffions, or in one of his Majefiy's Courts of Record at Wejtminjicr^ within fix Months after he fliall have accepted his Cornmiffion, take the Oaths in and by an Acl pafTed in the firll Year of the Reign of his Majefl:y King George the Firff, intituled, Jn Aolfor the further Security of his Majefly s Peifon and Govermnmt^^ or.d the Succcflori of the Croiv?2 in the Heirs of the late Princfs Sophia, being Proiefants, and for cxtinguiftnng the Hopes of the pretended •fcnd make and fubfcribe Prince of W2.]cs, and his Open and fecret Jbcttors, appointed to be taken, and fliall alfo make, repeat, the Declarat.on therein jjpj fubfcribc the Declaration in the faid A£l directed to be made, repeated, and fubfcribed by ail appointed. Officers Civil and Military. Dep. Licuts. and other XVI. And be it enacfed, That if any Perfon fhall execute any of the Powers hereby conferred on ■Field Officers, afting, Deputy Lieutenants, Coloncls, Lieutenant Coloiicis, crPvlajors (not being qualified as aforefaid) or Il^t' Sivin" S, tt ^lali r.ot deliver in fuch Qualification, and take the Oaths, and make, repeat, and lubfcribc the De- above Regulalions, for- claration aforefaid, as is herein before required, every fuch Perfon fhall forfeit and pay the Sum of feit2col, two hundred Pounds : And if any Perfon fhall execute any of the Powers hereby conferred on Cap- and Captains and Subal- tains. Lieutenants, or Enfigns (not being qualified as aforefaid) and fliall not deliver in fuch (>iiali- ternsiooJ. fication, and take the Oaths, and make, repeat, and fubfcribe the Declaration aforefaid, as is herein before required, every fuch Perfon fljall forfeit and pay the Sum of one hundred Pounds : Such fevcral to be recovered in any of pgj^j^jj.^g to be recovered by Action of J)ebt, Bill, Plaint, or Information in any of his Majefiy's i?r^'oneMoiayth^-ccf Courts of Record at IVefimirfhr :, wherein no Eifoin, Wager of Law or Protcaion, or more than one to "o to the Profecutor. Imparlance fliall be allowed,; one Moiety whereof fliall go to the Ufe of the Perfon who fhall fue for the fame, and the other Moiety to the Ufes herein after directed, proof of (iiaiification in XVII. And be it cnacled. That in every A£lion, Suit, or Information brought againft any Perfon DeftndanT '" "" "' for aitiiig as a Deputy Lieutenant, Colonc-l, Lieutenant Colcnel, Major, Captain, Lieutenant, or Enfign, not being qualified as herein before is diredfed, the Proof of his Qualification fhall lie upon the I'crfcjn apainft whom the fame is brought. ^rVpecr"Ta^bTr. XVIII. Provided always, and be it enacted. That nothing in this A^ contained fhall extend, or io^L°d Ofp/Lirn'rcnanu be eonftrucd to cxt^^ to rcfiiiain his Majcfiy's Lieutenant of any County, Riding or Plaec, from orConimirtionOffii'.rs appointing any Peer of this Realm, or Heir Apparent of any fuch Peer, to be a Deputy Lieutenant, for the County where or Commilfioji Officer in the Iviiliiia, within the County, Riding, or Place wherein fuch Peer, or Ht ir Ai'parcnt