Page:Ruffhead - The Statutes at Large - vol 8.djvu/653

 A. D. 1 76 1. Anno fecundo Georgii III. C. 20. 619 XXXII. Provided, That nothing herein contained fhall prevent any Officer who has ferved four Officer who has ferveH^ Years, from oftcrine; himfelf to ferve in an higher Rank, if he be qualified as this A61 requires to ."^^^"'."^^y o'f'='^" '"-'ve /--/-, 1 • 1 D I '"a higher Rank, tf ierve in fuch higher Rank. ^ cualified. XXXIII. And be it ena£led. That his Majefty, his Heirs and Succeilors, may and fliall appoint j^n Adjutant maybe ap- one proper Perfon who fnall have ferved, or fhall, at the Time of fuch Appointment, aitually ferve pointed by the K.::?, to in fome of his Majefty's ocher. Forces, or in any Corps of Mihtia that has been drawn out and em- each Regiment, Scc. ont bodied, to be an Adjutant to each Regiment, Battalion, or Independent Company of Militia, in each " ^'^ Mycfty's other County, Riding, or Place refpedively ; and fuch Adjutant, if appointed out of his Majefty 's other f°5^"^^°y;^^^°^'^jJ^'- Forces, {hall, during his Service in the faid Militia, preferve his Rank in the Army, in the fameoutVfJlTE^IaielVscthe^ Manner as if he had continued in that Service: And it fhall and may be lawful for his Majefty's Forces, he ii to'teep Lieutenant of any County, Riding, or Place, to grant unto the Adjutant to each Regiment, Bac- ^'s Rar.k thertin, and talion, or Independent Company, a Commiffion of Lieutenant, or any inferior Commiflion therein, ^^' ^"l! * ^'^^'t^^" although fuch Adjutant fhall not have an Eftate to qualify him for fuch Commiffion as is required by ©""^^cadoV^" """^ * thisAcf. _ • ^'^ XXXIV. And be it cnacled, That no Perfon, during the Time he is ading as a Militia Officer, Militia Officer exempted fhali be obliged to ferve the Office of Sheriff. ^'""^ ^"^"'S " -'■^'■ff- unembodying thereof, be reftored to his Half-pay ; fuch Half-pay to recommence froni the lalt Quar- died, are to'be rettoredto ter-day, bi- Day of Payment next preceding. Ha'f'-pay again. XXXVI. And be it enailed. That his Majefty, his Heirs and Succefibrs, may and fhall appoint, Serjeants may be ap- according to the Proportion of one Serjeant to twenty Private Men, tv/o or more proper Perfons to i^oi-itcd by the King out Serje Space of one Year in u' s Majefty's faid Forces ; or out of ur from any Corps of Militia that has Men, 2 or more to every been drawn out and embodied ; which Serjeants fo appointed fhall take the following Oath ; that ^owp-'ny- is to fay, ' Defence of the lame, until I fhall be legally difcharged.' And the Service in the Militia of fuch Perfons fo appointed out of his Majefty's faid other Forces, Jti^Ma'-er^f oJher' fliall intitle them to the Benefit oi Chelfea Hofpital^ in the fame Manner as if they had continued to pgrccs aiTiititled t" ferve in the faid Forces ; and every Perfon appointed to be a Serjeant out of the Penfioners on the cheliea Hcfpital; and Eftablifhment of Chelfea Hofpital, fhall be intitled to be, and fhall be, put again upon the faid Efta- Penfioners of the laid blifliment, after he fnall be difcharged from the Service of the Militia; provided he brings a Certifi- ^°'^P'"'^'"^'*^^"i^^"^^' cate of his good Behaviour, under the Hand of the Colonel, or Commanding Officer of the Regi- p^oducLTce^tTfic^te; o" ment or Battalion in which he_ fnall have ferved : And his Majefty's Lieutenant fhall, from Time to good Behaviour. Time, as Occafion fhall require, appoint a Clerk to each Regiment or Battalion ; and the Colonel LA. Lieut, to appoint a of the Regiment or Battalion, or, where there is no Colonel, the Lieutenant Colonel, or, where Rs?''"«"tal CJeik, and there is no Colonel or Lieutenant Colonel, the Major, fhall appoint a Serjeant Major out of the Sef- ^^^ <^"Jo'^e'. &c. a Ser- 1 T^ i,T • .. i- ^u T^ " ■' t°ant Major, and Drum jeants, and a Drum Major out of the Drummers. "Major, t^ each Regim. XXXVII. /^nd be it enaded, That no Perfon who fhall keep any Houfe of publlck Entertain- ^lehoufe-keepers dif- * ment, or who fhall fell any Ale, Wine, Brandy, or other Spirituous Liquors by Retail, fhall be qualified from being 3er- capable of being appointed or continuing a Serjeant in the Militia. jeants. XXXVIII. And be it enacted. That the Captain of every Company of Militia may and fhall ap- Captain may appoint ;?, point two Perfons to be Drummers or Fifers to his Company, who, when fo appointed, and having '^/"'P'"'^" ° P"' '"^ received any Pay as fuch, fhall be deemed to be engaged, and fhall be compellable to ferve in the "" ompanj 5 fume Regiment or Battalion, until legally difcharged ; and may and fhall appoint Corporals out of the Private Men of his Company, in the Proportion of one Corporal to twenty Private Men ; and may f^'^ t CoFporal to 20 difplace fuch Drummers, Fifers, and Corporals refpeaively, for Mifbehaviour, and appoint others in J'J^^^'f^',!'?^vfp^gj,f^!^Ii^^^^^^^ their Room, from Time to Time, as he ihali lee Occafion; and may and fhall appoint (with the He mavalVo, with Leave Approbation of the Colonel, or, where there is no Colonel, the Lieutenant Colonel, or, where there or the'coione], fiil up is no Colonel or Lieutenant Colonel, the Major, of the Regiment or Battalion) Serjeants out of the Vacancies of Serjeantn Private Men of the Regiment or Battalion, to lill up fuch Vacancies of Serjeants as may happen ""^"^ "^ /^'* ^■^^"'^'• therein; which Serjeants fo appointed, fhall take the like Oath as is herein before required to be ^"^l^^'^n"''"-^.^^^^^^ taken by Serjeants appointed by his Majefty (v^/hich Oath any one Deputy Lieutenant, or incafe"^^"" ■''•" ^PP°'" '^ "the Regiment or Battalion then happening to be embodied fhould be in any other County, Riding, or Place, any one Juftice of the Peace thereof, are hereby refpedtively authorized to adminifter) and They may be difp.'a. that it fhall be lawful for the Commanding Officer of any Regiment or Battalion of Militia, being a "iP"" ^PP^'""°" "^^ Field Officer, upon the Application of the Captain, to dilpl.;ce Serjeants XXXIX. Provided al ' " " ^ - - ^ -^ -^"^""-~"' "* "' -•—, ""captain. aced the of or from any Company for any Mifbehaviour reduced 4 K 2 tion
 * T J. B. do finccrely promife and fwear. That I will be faithful and bear true Allegiance to his Oath to be taken by
 * X Majefty King GVor^i', his Heirs and SuccefTors : And I do fwear that I am a Proteftant, and Serjeants.
 * that I will faithfully ferve as a Serjeant in the Militia, within the Kingdom of Great Britain, for the