Page:Ruffhead - The Statutes at Large - vol 8.djvu/658

 624 C. 20. Anno fecundo Georgii III. Ac D. 1761. None but Churchwar- LI. Provided always, and it is hereby enafted, That from and after the pafTing of this A£t, ft dens and Ove.'feers may {^laU ^Qt be lawful for any Perfon or Perfons whatfoever (other than fuch Churchwardens and jtiake any pecumaryCon- Qvcrfeers as aforefaid, for tlie Purpofes aforefaid) to contra6t, undertake, or agree, with any Per- fure'r°rfon';^rorn ferv- ^o" ^"^ Perfons, for any Sum or Sums of Money, or any other Confideration or Reward, to indem- ingin the Militia, or to nify or infure any Perfon or Perfons liable to ferve in the Militia, againft fervmg therein, or in like provide Subititutes, or manner to contract, undertake, or agree, to provide a Subflitute or Subftitutes for any Perfon or pay the lol. m liea Perfons who may be chofen by Lot to ferve in the Militia, or to pay the Penalty often Pounds by ^''"^^^ ' this A£l laid upon any Perfon chofen by Lot to ferve in the Militia, and who (hail refufe or negle6t on Penalty of forfeiting to appear, and take the Oath, and ferve in the Militia, or to provide a Subftitute ; and if any Perfon J^^'- fhall oft'end herein, every fuch Perfon fhall, for every fuch Contraft, Undertaking', or Agreement, forfeit and pay the Sum of one hundred Pounds, to be recovered in any of his Majefty's Courts of Record, by Action of Debt, Bill, Plaint, or Information, wherein no Efl'oin, Protection, Wager One Moiety thereofto go of Law, or more than one Imparlance, (hall be allowed; one Moiety of which Penalty fliall be to the Profecutor, and applied to the Ufe of the Profecutor, and the other Moiety to the Ufe of the Poor of the Pari(h tiieothcr tothc Poor of ^j^^j.gj^ jj^g Qj^gj^pg ^^jj j^g ^Qj^^jj.j.^j. and cvery fuch Contradt, Undertaking, or Agreement, is tra^dt to b> void ^ ''" hereby declared to be abfolutely null and void, to all Intents and Purpofes whatfoever. The above ciaufe not to Lli. Provided, That nothing herein b-fore contained, fhall extend to prevent any Perfon who prevent Perfons chofen fhall have been actually chofen by Lot to ferve in the Militia, from procuring, by himfelf or others, hy Lot from procuring a proper Perfon to ferve as his Siibflitute. Subft.tute3 for them- jr^jjj^ Provided alfo, that nothing in this Aa Ihall extend to prevent Perfons of the fame Parifh, fslves ; nor Perions ot the ,^ n- t^ ^l- t-ii *^ ,- d /u t- JL- m ji i, ■ ,' lame, cr neighbouring 1 ownmip, 1 ythmg, or Piace, or ot two or more ranlhes, lythmgs, or rlaces, added, or which Pariiiies, from fubfcrifa- may be added together, for the Purpofes of this AtSt, from entering into Subfcriptions amongft them- ingto^- ardspayinpjoint- felves, for paving jointly for any Subftitute or Subltitutes who may be provided for any one or more >yforSubftiru^es.ntheQjr ^^^ fubfcribing Perfons, on whom the Lot may fall. SXii be chofen byLcT LIV.^ And be it enafted. That if any Perfon fworn and inrolled to ferve in the Militia as Volun- Hired Voluntier or Sui:- tier or Subftitute, {hall have received any Sum of Money from any Perfon whatfoever for fuch Ser- Hitute ir.liAing in the vice, and ftall be inl fted to ferve in his Majefty's other Forces, fuch Inlifting fhall be, and thefarr.e Army, fuch Inlifting isjg hereby declared to be, null and void, until the faid Militia Man, or the Officer with whom he wttevte^'murnel'tc/the^^^^^ ^••^' ^^^^^ ^^"^ P'^'^ ^° *^^ Overfeer or Overfeers of the Parifli or Place, Parifties or Places, Overfeers of the Paii/h, ^or which the. faid A4ilitiaMan ferved, the full Sum he received for fuch his Service; which Sum iliall which is to be laid out be laii3 out by fuch Overfeer or Overfeers, in or towards the providing another fit Perfon to ferve in the ly them in providing a- Militia, for the Space of three Years, in the Place of the Militia Man fo inlifted into his Majefty's other ^f^^hl^^ 'h^^Vf?"'^^°^'"^^' "^^'^ '" *"'^'" ^''^ Money (o received (hall not be fufficient to provide another fit Perfon to ferve cnt' they"are^trbe'ie-^^ aforefaid, fuch 0erfeer or, Overfeers fhall be reimburfed fuch further Sum of Money as he fhall )mburfed the r.driitional pay for providing fuch Other fit Perfon, in the fame manner as is directed by this A6t upon the pro- Expence by a Rate, and viding of Voluntiers : And in cafe the Money fo received fhall exceed the Sum expended in provid- acccount for the Surplus jing f^jch fit I'erfon as aforefaid, the Surplus fhall be accounted for by fuch Overfeer or Overfeers, and fuch hired Voluntier ^ ^^ much Mon^y in his or their Hands lor the Purpofes of providing Voluntiers for fuch*Pari{li or ofSubftitutefoinliibng, Pariflieg, Place or Places: And in cafe fuch Militia M^an fhall jiot, at the Time of his Inlifting, not informing the OfHcjrinforni ths Officer with whom he inlifts, that he is a Militia Man, and for what Parifh, Tything, or ot his being in the Mil -p]acf.^ or Parifhes, Tythings, or Places, he ferves, and fliall be thereof convided upon Oath, be- tion not cxcec°dingThrcdqi^'''^^i by Warrant under his Hand and Seal, to commit fuch Militia Man to the Houfe of Cor- Months. rcction for any Time not exceeding three Months. Serjeant, Drummer, or LV. And be it enacted. That if any Serjeant, Drummer, or Fifer, ferving in the Militia, fhall, ~ 1, or Place, beat up for Voluntiers to ferve in the Militia, the Perfoji who fliall Drummer, or Fifer, Orders for fo doing, fhall, upon Proof of luch Beating up jiven, upon Oath, before any Juftice of the Peace, forfeic and pay the Sum of Moiety to the Iniormcr. twenty Pounds ; one Moiety whereof fliall be applied- to the Ufe of the Perfon who fhall make In- and the other to the re- formation thereof before any Juftice of the Peace of fuch Beating up for Voluntiers, and the other pmental Stock ; and the jyj^j^^j. q^^^^ ^.^ applied as Part of the Stock belonging to the Regiment or Battalion to which fuch •Scrieanr, &c. not declar- „. -J >-^ ' ' ,,. n n i i a j • r r u c • r T^ r--i- n n ^ ,- lag who gave fuch Or- ^^''J'^^ii^f > Drummer, or r iter, ihall belong: And it luch berjeant, iJrun.mer, or iMfer, (hall refuie riers, is to be committed to declare, upon Oath, before fuch Juftice, from whom he received fuch Orders, it may and (hall to the Houfe of Correc- be lawful for fuch Jultice, and he is hereby required, by Warrant under his Hand and Seal, to com- tion not exceeding three rnit fuch Serjeant, Drummcr, or Fifer, to the Houfe of Correction, for any Time not cxceedin? Months. ^1 n^l i. ° While the Militia is out'^^'cciMomns. j T-i. ^ r^xc XT r- -rr r-,^ ■ .l .of it< proper County, no l^V 1. And bc It further enacted and declared, 1 hat no Officer or JNon-Commimon Officer in the Pcrfonmay heer.gaged toMiliiia fhall, during the Time the Regiment, Battalian, or Independent Company, in which he, ferve therein, who IS not ferves, (hall bc out of the CouHty, Ridiiic, or Place, to which they belong, engage any Perfon to /uc?P?.ment'beron?^"^''^'^ ^^ a-MiUtia Man in fuch Regiment,^ Battalion or Independent Company, 'unlefs fuch Perfon .egimen e ongs. ^^ engaged (hail bc a Native of the County to which the faid Regiment, Battalion, or Independent Company belongs. A General Meeting of LVII. And be itciiacted, That in the fevcral Counties, Ridings, and Places, where the Militia The Ld. Lieutenant and has becn or (liall be raifed, his Majefty's Lieutenant of every fuch County, Riding, and Place, to- Dtpiuies, to be held an- ^eth^.^ ^vith any two or more Lieutenants, and on the Death or Removal, or in the Abfence, of his nuuiV on the laft lucf-V. ■ n j -r ■ l t-»..T-» .iT.li n 11,1 <Jayin M.y, or oaober, ^^J^^^y s Licutcnant, any three or more Deputy l^ieutenants, Ihall meet annually on the la(t as fhall be judged mt^Tufdaym AIo}^ or OH the ^ Tucfdciy in Oitoher, as they fhall think moft convenient for th-* due 4«fii)vcni(y)t. Execution of this Act ; and (h-iU appoint the 'Flmes and Places for holding four or more fubdivifion Alettings
 * o 'the Hrufe orcor'ec^ fore any one Jufrice of theT^eace, it may and.fliall be lawful for fuch Juftice, and he is hereby re-