Local Militia (England) Act 1812

JurisdictionUK Non-devolved
Citation1812 c. 38
Anno Regni GEORGII III. Britanniarum Regis,Quinquagesimo Secundo. An Act for amending the Laws relating to the Local Militia inEngland .

(52 Geo. 3) C A P. XXXVIII.

[20th April 1812]

'WHEREAS the Local Militia, as by Law established, has been found of the utmost Importance to the internal Defence of this Realm: And whereas it is necessary, in the present Circumstances ofEurope , that the said Force should be permanently maintained; And whereas the Laws now in force for regulating the Local Militia require Amendment; and it is expedient that some of the Provisions contained in the several Acts relating to the same should be repealed, and others of them continued and amended, and that new Provisions should be made; and it would greatly tend to the better Execution thereof if the Whole of the said Provisions were comprized in One Act of Parliament: And whereas it is necessary for the Purposes aforesaid, that certain Actsand Parts of Acts now in force should be repealed;' Be it therefore enacted by the King's Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this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 an Act, passed in the Forty eighth Year of the Reign of His present Majesty, intituled An Act for enabling His Majesty to establish a permanent Local Militia Force, under certain Restrictions, for the Defence of the Realm;and also Three several Acts, passed in the Forty ninth Year of the Reign of His present Majesty, relating to the Local Militia, the one intituled An Act to amend and render more effectual an Act, passed in the last Session of Parliament, for enabling His Majesty to establish a permanent Local Militia Force, under certain Restrictions, for the Defence of the Realm;the other intituled An Act to amend serveral Acts passed in the last and present Sessions of Parliament, relating to the Local Militia;and the other intituled An Act to prevent the enlisting of Local Militia Men into the Regular Militia of any other County or Stewartry than the County or Stewartry to which they belong;and also so much of another Act, passed in the Fiftieth Year of the Reign of His present Majesty, intituledAn Act to amend several Acts relating to the Local Militia of Great Britain, as relates to the Local Militia, shall be and the same are hereby repealed; and that the Local Militia raised by virtue of the said Act of the Forty eighth Year aforesaid shall, from and after the passing of this Act, be subject to all the Provisions and Regulations thereof: Providedalways, that the repealing of the said several Acts hereby repealed, or any or either of them, shall not affect any Commission already granted under or by virtue of the said Acts, or any or either of them, but that all such Persons to whom any such Commissions shall have been granted, shall and may act in the Execution of this Act, in like manner as they might have acted in the Execution of the said former Acts, or any or either of them: Provided also, that so many of the Serjeants, Corporals, Drummers and private Local Militia Men as are now serving for the several Counties, Ridings and Places aforesaid, shall be liable and continue to serve in the same Manner and for the same Length of time as they ought to have served if this Act had not been made, and shall be liable and subject to the same Penalties, Pains, Fines and Forfeitures for any Offence which they may have respectively committed previous to the passing of this Act, in the same manner as if the Offence had not been committed till after the passing of this Act; and from time to time, in every case where it shall be necessary to supply any Deficiency in the Number of private Local Militia Men of any County, Riding or Place, the Man or Number of Men required to supply such Deficiency shall be raised, provided and enrolled, and shall serve in the manner and for the time directed by and under and according to the Provisions, Rules and Regulations of this Act.

S-II Lieutenants shall appoint Officers.

II Lieutenants shall appoint Officers.

II. And be it further enacted, That the several Lieutenants of Counties, or, in the Absence of the Lieutenant, the Vice Lieutenant or any Three Deputy Lieutenants duly authorized by His Majesty, shall have full Power and Authority and are hereby required from time to time to constitute and appoint such Persons as they shall think fit, being qualified as hereinafter is directed, and living within their respective Counties, Ridings and Places, or within some adjacent Counties, Ridings or Places, to be Colonels, Lieutenant Colonels, Majors and other Officers, qualified as hereinafter directed, to train, discipline and command the Persons to be so armed and arrayed according to the Rules, Orders and Directions hereinafter mentioned, and shall certify to His Majesty the Names and Ranks of all such Officers so to be appointed; and in case his Majesty shall, within Fourteen Days after such Certificate shall have been laid before Him, signify His Disapprobation of any of the Persons so to be appointed, it shall not be lawful for the said Lieutenants to grant a Commission to any Person so disapproved, but Commissions shall be granted to all such Persons who shall not be disapproved by His Majesty; and the Officers so appointed for the Local Militia, to be armed and arrayed as hereinafter directed, shall rank with the Officers of His Majesty's Regular Militia as youngest of their Rank: Providedalways, that no higher Rank shall be given in any Regiment of Local Militia than that of Lieutenant Colonel Commandant, except in Cases where the Commandant shall have served with the Rank of Colonel in His Majesty's Regular Forces, or Regular or Supplementary Militia or Fencibles, or be the Lieutenant or Vice Lieutenant of any County.

S-III Lieutenant Colonels Commandant to command Lieutenant Colonels.

III Lieutenant Colonels Commandant to command Lieutenant Colonels.

III. And be it further enacted, That all Officers of Local Militia holding the Rank of Lieutenant Colonel Commandant, shall take Rank of and command all other Lieutenant Colonels serving in the said Local Militia, notwithstanding the Commissions of the said Lieutenant Colonels should be of a prior Date to the Commissions of such Lieutenant Colonels Commandant; and that Officers of the Local Militia shall rank with the Officers of Yeomanry and Volunteer Corps, according to the Dates of their respective Commissions: Provided always, That every Officer of Local Militia, who shall have held any Commission in any Volunteer Corps at the time of his becoming an Officer of the Local Militia, shall be entitled to rank with the Officers of Yeomanry and Volunteer Corps, according to the Date of his Commission of the same Rank in the Volunteers.

S-IV Rank in Local Militia of Officers who have served in Regular or Supplementary Militia.

IV Rank in Local Militia of Officers who have served in Regular or Supplementary Militia.

IV. Provided always, and be it further enacted, That any Person who shall have held the Rank of Colonel of any Regiment or Battalion of Regular or Supplementary Militia, and who may be appointed to the Command of any Regiment or Battalion of Local Militia to be raised by virtue of this Act, shall rank as Colonel, according to the Date of his Commission, in the Local Militia; and every Lieutenant or Vice Lieutenant of any County, as long as he shall continue to act as such, who shall be appointed to the Command of any Regiment or Battalion of Local Militia as aforesaid, shall rank as Colonel, according to the Date of his Commission in the Local Militia; and every Person who shall have served in the Regular or Supplementary Militia as a Commissioned Officer, and by reason of the Reduction of such Militia shall have ceased to hold such Rank, shall, if appointed to a like Commission in the Local Militia, rank according to the Date of his first Commission: Provided always, that no Officer holding the Rank of Colonel in the Local Militia, shall be entitled to or receive any greater Pay or Emolument than that of Lieutenant Colonel Commandant.

S-V Commissions not revoked by Revocation of Power of Grantor.

V Commissions not revoked by Revocation of Power of Grantor.

V. And be it further enacted, That no Commission of any Officer in the Local Militia, already granted or to be granted by any Lieutenant or Vice Lieutenant or Deputy Lieutenants, shall be vacated by reason of the Revocation, Expiration or Discontinuance of the Commission by which any such Lieutenant or Vice Lieutenant or Deputy Lieutenants as aforesaid was or were appointed.

S-VI Lieutenant to have Chief Command of Local Militia.

VI Lieutenant to have Chief Command of Local Militia.

VI. And be it further enacted, That the Lieutenant of every County, Riding or Place, shall have the Chief Command of the Local Militia within the County, Riding or Place, to which he is appointed.

S-VII Qualifications of Officers.

VII Qualifications of Officers.

VII. And be it further enacted, That all Persons to be appointed Officers of the Local Militia, in pursuance of this Act, shall be qualified as follows; that is to say, every Person to be appointed a Lieutenant Colonel shall be seised or possessed either in Law or Equity for his own Use and Benefit in Possession of a Freehold, Copyhold or Customary Estate for Life, or for the Life of his Wife, she having a Freehold, Copyhold or Customary Estate for her Life, or for some greater Estate, or of an Estate for some long Term of Years, determinable on One or more Life or Lives, in Manors, Messuages, Lands, Tenements and Hereditaments, inEngland, Wales or the Town of Berwick upon Tweed , of the yearly Value of Six hundred Pounds, or shall be Heir Apparent of some Person who shall in like manner be seised or possessed of a like Estate as aforesaid of the yearly Value of One thousand two hundred Pounds; and every Person so...

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