Militia, etc. Act 1779
| Jurisdiction | UK Non-devolved |
| Citation | 1779 c. 72 |
| Year | 1779 |
(19 Geo. 3) C A P. LXXII.
'WHEREAS many Advantages may arise from further Regulations in the Militia Laws,' 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 so much of an Act, made in the eighteenth Year of his present Majesty's Reign(intituled,An Act to amend and render more effectual the Laws relating to the raising and training the Militia within that Part of Great Britain called England; and to establish certain Regulations with respect to Officers serving in the Corps of Fencible Men directed to be raised in that Part of Great Britain called Scotland, and certain other Corps therein mentioned ), as relates to the Relief to be given to the Families of Substitutes serving in the Militia, shall be, and the same is hereby repealed.
II How the Families of Substitutes, that may become chargeable, shall be supported.
'II. And whereas the Families of Substitutes, hired Men, or Volunteers, serving in the Militia, when embodied and called out into actual Service, and ordered to march, may become chargeable to the Parishes to which they belong;' be it enacted by the Authority aforesaid, That in case any Substitute, whose Family may so become chargeable, shall not serve for the Parish where his Family shall dwell, it shall be lawful for the Justice of the Peace, who shall make any Order for the Relief of such Family, at the same Time to direct the Overseers of the Parish for which he shall serve, to reimburse the Money so paid to the Overseer or Overseers who shall have advanced the same, in pursuance of the Order before-mentioned, if such Parish shall be situated within the same County; and if such Parish shall be situated in any other County, the said Justice shall cause the same to be reimbursed in Manner herein-after mentioned.
III Family of Substitute not to be sent to the Workhouse, &c. nor he deprived of his Privilege of voting.
III. Provided always, That no such Allowance shall occasion such Family to be removeable or compelled to be sent to any Workhouse or Poorhouse, nor shall such Substitute be thereby deprived of his legal Settlement elsewhere, nor of his Right of voting for the Election of Members to serve in Parliament.
IV In case the Family of a Substitute become chargeable to his Parish, and he serve for a Parish in a different County, then his Parish shall be reimbursed out of the Stock of the County for which he serves.
IV. And be it further enacted by the Authority aforesaid, That in case the Substitute, whose Family shall be relieved as aforesaid, shall serve for any Parish situate in another County, the Monies advanced by the Overseers of the Parish, Township or Place, where the Family shall dwell, shall be repaid them out of the County Stock by the Treasurer of the County to which the Parish, Township, or Place, shall belong, on producing a Certificate of the Order of the Justice allowing such Relief (which Certificate such Justice is hereby required to grant accordingly); and the Treasurer who shall so repay such Overseer, shall transmit such Certificate, and also an Account of all Monies so repaid by him from Time to Time, quarterly, to the Treasurer of the County, Riding, or Place, in the Militia whereof such Substitute shall serve; and the Treasurer to whom the same shall have been so transmitted, shall forthwith reimburse the same to the Treasurer from whom the said Account was received; which Account so received and reimbursed, shall be laid before the Justices of the Peace at their next General or Quarter Sessionwhich shall be held for such County, Riding, or Place, for their Allowance thereof; and the said Justices shall, and they are hereby required to allow the same accordingly, and forthwith to make an Order for the Overseers of the Poor of the Parish, Township, or Place, for which such Substitute shall serve, to make good the same to the Treasurer of the County, out of the Poor Rates of such Parish, Township or Place; and all Payments so made by such Treasurer or Treasurers, Overseer or Overseers, in pursuance of such Order or Orders of such Justice or Justices, shall be allowed and passed in their respective Accounts, in like Manner as other Expences incurred on account of the Militia are by the Militia Laws now in being directed to be passed and allowed.
V Proviso relating to peculiar Jurisdictions.
V. Provided always, That in all Places having peculiar Jurisdictions, and not contributing to the County, such Account shall be made over to the Treasurer, Receiver, or other public Officer belonging to such peculiar Jurisdiction, to be by him reimbursed, accounted for, and allowed, in Manner aforesaid.
VI. And be it further enacted by the Authority aforesaid, That, from and after the passing of this Act, it shall and may be lawful to and for his Majesty'sLieutenants of Counties to appoint Captain-lieutenants to all Regiments or Battalions of Militia to which such Appointment hath not been already made; and that all Captain-lieutenants shall rank with the Officers of his Majesty's other Forces of equal Degree as youngest of their Rank.
VII Qualifications of Captain-lieutenants.
VII. And be it enacted by the Authority aforesaid, That for the future all Persons to be appointed Captain-lieutenants, shall have the same Qualifications as Persons serving as Captains are required to have; provided that it shall not be necessary for any Person having acted as Captain-lieutenant before the first Day ofJuly , one thousand seven hundred and seventy-nine, to hold any other Qualification than as a Lieutenant.
VIII Officers who have neglected to qualify themselves agreeable to Militia Act 18 Geo. III. not liable to the Penalties thereof:
VIII. And be it further enacted, That in case any Officer or Officers of Militia shall have neglected or omitted to deliver in his or their several respective Qualification or Qualifications, agreeable to the Directions of an Act, made in the eighteenth Year of his Majesty's Reign (intituled,An Act to amend and render more effectual the Laws relating to the raising and training the Militia within that Part of Great Britain called England; and to establish certain Regulations with respect to Officers serving in the Corps of Fencible Men directed to be raised in that Part of Great Britain called Scotland, and certain other Corps therein mentioned ), such Officer or Officers, notwithstanding such Omission or Neglect, shall not be subject or liable to any of the Penalties imposed by the said recited Act; and all Acts done by them in virtue of their respective Commissions as Officers in the Militia are hereby declared to be valid and of full Effect; any Thing in the said recited Act to the contrary notwithstanding.
IX Provided they shall so qualify themselves on or before the First of Dec. next.
IX. Provided always, That this Act shall not extend to prevent such Officer or Officers, who shall neglect or omit to deliver in his or their respective Qualification or Qualifications, on or before the first Day ofDecember next, according to the Directions of the Act of the eighteenth Year of his present Majesty's Reign, to amend and render more effectual the Laws relating to the raising and training the Militia within that Part of Great Britain called England; and to establish certain Regulations with respect to Officers serving in the Corps of Fencible Men directed to be raised in that Part of Great Britain called Scotland, and certain other Corps therein mentioned , from being liable to the Penalties imposed by the same for such Neglect or Omission.
X All Militia Officers above the Rank of Lieutenant, to transmit to the Clerk of the Peace, on or before the first of Dec. next, or within six Months after accepting their Commissions, a Description of their Qualifications, &c.
X. And be it further enacted, That every Officer now holding, or hereafter accepting a Commission as Colonel, Lieutenant Colonel, Major, or Captain, in the Militia, shall, on or before the first Day ofDecember , one thousand seven hundred and seventy-nine, or within six Months after having accepted any such Commission in future, transmit to the Clerk of the Peace of the County in the Militia whereof such Officer shall serve, a true Description of his Qualification for holding such Commission as aforesaid, and also a Certificate of his having taken the Oaths required; and the Clerk of the Peace shall forthwith enter and inrol the same, and also shall transmit to the Lieutenant of the said County, a true Copy of every such List and Certificate so entered as aforesaid; and the Lieutenant shall (unless just Cause be shewn to the...
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