Page:Ruffhead - The Statutes at Large - vol 9.djvu/214

 164 C. 17. Anno quarto Georgii III. A. D. 1763. producing Accounts Militia Man fhall ferve, fhall be rcimburfed fuch Expences by the Treafurer of fuch County, out of thereof allowed by a the County Stock, and fuch Treafurer fhall, upon producing fuch Account allowed as aforefaid, be Juftice of the Peace, allowed the fame in his Accounts. ' nifhing fuch Militia Men as fhall, after having joined their Corps, defert during the Time of an- ' nual Exercife, and not be taken till after the Expiration of the Time of fuch annual Ex- ' ercife, and confequently of the Period now fixed for the Continuance of martial Law ;' Be it l^vin" ^"ed^heir tnereiore enacted, That if any Militia Man fhall fo offend, and not be apprehended during the Corp" 8 ihalT defert 'du- Time of fuch annual Exercife, every fuch Militia Man, being thereof convicted upon Oath, before ing the Time of annual one Juflice of the Peace of any County where fuch Militia Man fhall be apprehended, fhall incur Exercife, and fhall not the Penalty, and be fubjedt to the Punifhment, inflicted by the faid Act. of the fecond Year of his betaken till after the Ex- p re fent Majefty upon Militia Men not joining their Corps. p,rat.on of the Time ot < vn And wherea j t ld be conducive to the Prefervation of Order and Difcipline, du- annual Exercife, fh3 II, . . „_,. r „ ' ,-_ . , r ^ , , n ■ n/r-i- • 'iir incur the fame Penalty ring the 1 ime of annual Exercife, of great Convenience to the Corporals and rnvate Militia Men as Militia Men not join- ' in the fupplying them with Neceffaries, and of effential Utility to their refpedtive Families, if the 5ng their Corps. ' Captains or commanding Officers were enabled to flop a limited Part of the daily Pay of fuch Cor- A Captain or command- ' porals and Private Men when called out to annual Exercife;' Be it therfore enabled, That it fhall ing Officer may putCor- anc j may be lawful for every Captain or commanding Officer of the Militia, to put the Corporals and under Slop paces not ex- Private Militia Men of his Company under Stoppages, not exceeding fix Pence a Day, for the Pur- ceeding 6d. a Day, and pofes aforefaid : Provided always, That every Captain and commanding Officer fhall account with fliali account with them each Corporal and Private Militia Man for the faid Stoppages, before fuch Corporal or Private Man forfuch Stoppages before f) )a u t, e fjjfmiffed from the faid annual Exercife, having firft deducted what fhall have been laid I nUlxS fr ° m out for them for Neceffaries and Repair of Arms damaged by their Negledt. ' VIII. And whereas no Powers are granted by the faid Adt, paffed in the fecond Year of the ' Reign of his prefent Majefty, for punifhing Drummers for Mifbehaviour during the Time the ' Militia to which they belong is not called out to annual Exercife (except by their being ' difplaced by their Captain) which Defect in the Law has been found inconvenient to the A Drummer negligent in' Service of the Militia;' Be it therefore enadted, That if any Drummer fhall be negligent in his his Duty, or difobedient Duty, or difobedient to the Orders of the Adjutant, or other his fuperior Officers, and be thereof immediately paid, the cretion of fuch Juftice or Juftiees ; and if fuch Drummer fhall not immediately pay fuch Penalty, it Captain of the Company fhall and may be lawful for the Captain, or commanding Officer of the Company of Militia to to flop the Pay of fuch wn ; c h fuch Drummer fhall belong, and he is hereby required to flop the Pay of fuch Drummer, Penalty" Penalty to be unt '* the fame fhall amount to the Sum of Money afcertained by fuch Juftice or Juftiees, as the applied as Part of the Penalty inflicted upon fuch Drummer; and the faid Captain, or command ing Officer, fhall pay the common Stock of the fame to the Clerk of the Regiment or Battalion, to be applied and accounted for as Part of the Regiment or Battalion, common Stock of fuch Regiment or Battalion ; and the Receipt of the Clerk for fuch Sum fhall be a Difcharge to the Captain or commanding Officer for the fame ; and the Money fo paid, fhall be deemed as fo much Money paid to fuch Drummer for his Service in the Militia. a Geo. 3. c. 20. <■ ix. And whereas by the faid Aft, paffed in the fecond Year of the Reign of his prefent Majefty, ' it is enacted, That in all Counties and Places where the Militia has not, or fhall not be raifed, ' by virtue of the feveral Adts made forraifing the Militia Forces, that the Sum of five Pounds fhall ' be annually paid for and in lieu of every Private Man therein directed to be raifed within each re- ' Juftiees of the Peace of each refpedtive County, Riding, and Place, affembled at their General or ' Quarter Seffions, are directed to rate and affefs on the County; and that the faid Sum and Sums ' tions, upon every Town, Parifh, and Place, within each refpedtive County or Riding, and fhall ' in fuch manner, and by fuch means, as the County Rates have been ufually, or may, by an Act si Geo. 2. c. 29. ' made in the twelfth Year of the Reign of his late Majefty, intituled, An Att for the ?nore eafy 4 ajjljjing, collecting, and levying of County Rates, be affeffed, collected, received, levied, paid, and 4 Ridings, which do not contribute to the Payment of the faid Rate, called the County Rate, by ' reafon whereof Doubts have arifen, whether fuch Cities, Towns, and Places can be legally rated ' of the Directions of the faid Act of the fecond Year of the Reign of his prefent Majefty : And ' whereas it is juft and reafonable, that all fuch Cities, Towns, and Places, fhould bear an equal Where the Militia fhall * within which fuch Cities, Towns, and Places, may happen to lie ;' Be it therefore enacted, That not be raifed for any in all Cafes where' the Militia has not been raifed, or fhall not at any Time hereafter be raifed, for County within which anv County or Ridins;, within which any City, Town, or Place, fhall not be rated to the faid Rate anv I ^otheCount Rate calIed the County Rate, the Payment of the faid Sum of five Pounds per Man, upon the whole Num- the Payment™" 5 y i. p^'ber of Private Militia Men directed to be raifed within every County or Riding, fhall be divided and Man ihall be apportioned apportioned between each refpedtive County or Riding, and each fuch refpedtive City, Town, and between fuch County Place within the fame, as lhall not contribute to the faid Rate, called the County Rate, in fuch Pro- <m<iCityasth.e.relpeftive portion 3
 * VI. And whereas, as the Laws for regulating the Militia now {land, no Power is given of pu-
 * fpedtive County, Riding, and Place; which faid Sum and Sums of five Pounds per Man, the
 * fhall be rated and affeffed in fuch and the fame manner, and according to fuch and the famePropor-
 * be collected, received, levied, paid, and accounted for, by the Perfbns making fuch Collection,
 * accounted for : And whereas there are feveral Cities, Towns, and Places, in many Counties and
 * or affeffed towards the Payment of the faid Sum and Sums of five Pounds per Man, in purfuance
 * Share and Proportion of the faid Payment of five Pounds per Man with each County or Riding