Yeomanry Act 1804
| Year | 1804 |
(44 Geo. 3) C A P. LIV.
[5th June 1804]
'WHEREAS an Act was passed in the forty-second Year of the Reign of his present Majesty, intituled, And whereas an Act was passed in the forty-third Year of the Reign of his present Majesty, intituled, Great Britainand Ireland; and for subjecting to Military Discipline, during the War, such Serjeants serving in any Volunteer or Yeomanry Corps of Cavalry or Infantry as receive constant Pay, and an Trumpeters, Drummers, or Buglemen serving therein, and receiving Pay at any daily or weekly Rate ; and for the further Regulation of such Yeomanry and Volunteer Corps: And whereas an Act was passed in this Session of Parliament, intituled, Great Britain: And whereas it is expedient that all the Provisions of the said Acts, so far as the same relate to Corps of Yeomanry and Volunteers inGreat Britain , should be consolidated in one Act; and that further Provisions should be made for the Regulation of such Corps and Persons serving therein respectively: May it therefore please your Majesty that it may be enacted;' and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That, from and after the passing of this Act, so much of the said recited Acts, as relates to Corps of Yeomanry and Volunteers inGreat Britain , shall be and the same are hereby repealed; save and except as to all Cases relating to the demanding, recovering, or levying any Fine or Penalty incurred before the passing of this Act.
‘Persons entitled to any Exemption under repealed Acts shall have the Benefit thereof until the Period, for the First Return under this Act, ∥ 2.’See ∥ 9.
III His Majesty may continue the Services of Corps accepted before this Act, and accept the Services of any formed after, and may disband or discontinue their Services.
III. And be it further enacted, That it shall be lawful for his Majesty to continue the Services of all Corps of Yeomanry or Volunteers accepted before the passing of this Act, and also to accept the Services of any Corps of Yeomanry or Volunteers that may be formed after the passing thereof, such Corps respectively being formed under Officers having or who shall have Commissions either from his Majesty or any Lieutenant of a County, or any other Person or Persons who may be specially authorized by his Majesty for that Purpose, as to his Majesty may seem proper, upon such Terms and Conditions, and under and according to such Rules and Regulations as have been approved by his Majesty, in regard to such Corps whose Services have been accepted before the passing of this Act, and upon such Terms and Conditions, and under and according to such Rules and Regulations with regard to such Corps whose Services shall be accepted after the passing thereof, as to his Majesty may hereafter seem fit and proper; and to disband or discontinue the Services of any Corps of Yeomanry or Volunteers now formed or hereafter to be formed respectively, or of any Parts of such Corps, whenever it may seem expedient to his Majestyso to do: Provided always, that the Services of all Corps of Yeomanry and Volunteers accepted before the passing of this Act, shall be deemed to be continued under the Provisions thereof, unless his Majesty shall signify his Intention of disbanding or discontinuing the Services of any such Corps, by any Order to be communicated by his Majesty's Principal Secretary of State.
IV Effective Members of Yeomanry or Volunteer Corps shall be exempt from Service in the Militia or other additional Force, but not to extend to Corps whose Offers specified that such Exemption would not be claimed, or to a greater Number than the Establishment.
IV. And be it further enacted, That every Person enrolled or to be enrolled, and serving as an effective Member of any Corps of Yeomanry or Volunteers, inGreat Britain , and who shall be duly returned or certified as such under this Act, shall be exempt from being liable to serve personally, or to provide a Substitute in the Militia of Great Britain , or in any additional Force raised or to be raised for the Defence of the Realm and more vigorous Prosecution of the War, under any Act or Acts of the last Session of Parliament, or under any Act or Acts of the present or any future Session of Parliament, and from supplying any Vacancies therein, and shall remain so exempted so long as he shall continue to be, and be returned or certified to be, an effective Member, in Manner by this Act required, and no longer: Provided always, that nothing in this Act contained shall extend, or be construed to extend, to entitle any Member of any Corps of Yeomanry or Volunteers, to any Exemption mentioned in this Act, in any Case in which, in the Offer or Acceptance of Service of such Corps, it shall have been specified that such Exemption would not be claimed by or allowed to the Members thereof; or to entitle any greater Number of Persons in any Corps, to any Exemptions under this Act, than shall have been or shall be allowed as the established Number of such Corps.
V To be deemed effective Members Person shall attend four Days if Cavalry, and eight if Infantry, in each four Months, &c.
V. Provided always, and be it further enacted, That no Person shall be deemed, construed, or taken to be an effective Member of any Corps of Yeomanry or Volunteers, or shall be returned or certified as such by any Commanding Officer under this Act, or be entitled to any Exemption, under any of the Provisions thereof, who shall not have duly attended, properly armed and accoutred, and mounted if Cavalry, at the Muster or Exercise of the Corps to which he belongs, if Cavalry four Days, if Infantry eight Days, at the least, in the Course of the four Months next preceding each Return made under this Act; unless he shall have been absent with Leave, under the Provisions of this Act, or shall have been prevented by actual Sickness, such Sickness to be certified by some Medical Practitioner, or otherwise proved to the Commanding Officer of the Corps to his Satisfaction; nor unless such Person shall be returned or certified by his Commanding Officer, in Manner directed by this Act, as an effective Member, and as having taken the Oath of Allegiance.
VI Where Arms or Accoutrements have not been yet supplied to Corps, Members having attended Muster may be returned effective.
VI. Provided always, and be it further enacted, That in every Case in which any Corps of Yeomanry or Volunteers, heretofore accepted or hereafter to be accepted, requiring any Arms or Accoutrements at the Expence of his Majesty, shall not have been supplied with such Arms or Accoutrements in sufficient Time to have enabled the Members thereof, or of any Part or Proportion of any such Corps, to have attended properly armed and accoutred at Muster and Exercise, according to the Provisions of this Act, every Member of such Corps who shall have duly attended Muster and Exercise, although without Arms or Accoutrements, shall nevertheless be deemed and taken to be, and may be returned or certified to be, an effective Member thereof, in like Manner as if he had so attended properly armed and accoutred.
VII Commanding Officers may grant Leave of Absence to Persons who shall be entitled to Exemption as effective, if they attend duly within 8 Months.
VII. Provided always, and be it further enacted, That it shall be lawful for the Commanding Officer of any Corps of Yeomanry or Volunteers, in any Case in which, on Application made for that Purpose, it shall appear to him proper to grant Leave of Absence to any effective Member of such Corps, who may be prevented from attending in any Period of four Months the Number of Days of Muster and Exercise required by this Act, to grant such Leave, and to return or certify such Person so absent in the next Return or Certificate; and every such Person shall in such Case continue entitled to Exemption as an effective Member; provided he shall in the succeeding four Months attend such Number of Days of Muster and Exercise, as will complete the full Number of eight Days Attendance if Cavalry, or sixteen Days if Infantry, in the whole Period of eight successive Months; and in default of having so attended eight Times if in the Cavalry, or sixteen Times if in the Infantry, in such eight successive Months, he shall be struck out of the List of effective Members, aud returned in the Muster Roll as Non-effective, and shall be no longer entitled to any Exemption under this Act, while so returned.
VIII How Members attending the full Number of 12 Days if Cavalry, or 24 if Infantry, though not in equal...
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