Militia (Scotland) Act 1802
| Jurisdiction | UK Non-devolved |
| Citation | 1802 c. 91 |
| Year | 1802 |
(42 Geo. 3) C A P. XCI.
[26th June 1802]
'WHEREAS a well-regulated Militia has been found to be of great Utility, and is of the utmost Importance to the internal Defence of the Realm: An whereas the establishing of a Militia Force inScotland , on a permanent Footing, would essentially contribute to the Safety of the United Kingdom;' 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 his Majestymay and shall from Time to Time constitute and appoint Lieutenants for the Counties, Stewartries, Cities, and Places herein-after mentioned; and the several Lieutenants so appointed shall have full Power and Authority, and are hereby required to call together, arm, array, and cause to be trained and exercised, such Persons, and in such Manner, as is herein after directed, once in every Year; and the said Lieutenants severally shall from Time to Time constitute and appoint such Persons as they shall think fit, being qualified as herein-after is directed, and living within their respective Counties, Stewartries, Cities, and Places, to be their Deputy Lieutenants (the Names of such Persons having been first presented to and approved by his Majesty); and the said Lieutenants shall, in Manner herein-after mentioned also appoint a proper Number of Colonels, Lieutenant Colonels, Majors, and other Officers, qualified as herein-after directed, to train, discipline, and command the Persons so to be armed and arrayed according to the Rules, Orders, and Directions herein-after mentioned, and shall certify to his Majesty the Names and Ranks of all such Officers do 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 Officersso appointed for the Militia, to be armed and arrayed as herein-after directed, shall rank with the Officers of such of his Majesty's Regular Forces as youngest of their Rank.
II Commission of Lieutenant or Deputy already granted, shall remain in force.
II. Provided always, and be it enacted, That the Expiration of the several Acts heretofore passed, relative to a Militia Force inScotland , shall not affect any Commission of Lieutenant already granted under or by virtue or relative to the said Acts, or any or either of them; but that all such Persons to whom any such Commission 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.
‘Three Deputy Lieutenants may be authorized to act, in case of Absence, &c. of the Lieutenant. ∥ 3.’ [See ∥ 3. of c. 90.]
IV Commissions shall not be vacated by Removal, &c. of the Lieutenant.
IV. And be it further enacted, That no Commission of any Deputy Lieutenant, nor any Commission of any Officer in the Militia to be henceforth granted by any Lieutenant or Deputy Lieutenants, shall be vacated by reason of the Revocation, Expiration, or Discontinuance of the Commission by which any such Lieutenant or Deputy Lieutenants as aforesaid was or were appointed.
V Qualifications of Deputy Lieutenants and Officers \(except for Edinburgh City); viz. Deputy Lieutenants 400 l. Scots per ann. &c.
V. And be it further enacted, That all Persons to be appointed Deputy Lieutenants or Officers of the Militia in pursuance of this Act, (except within the City ofEdinburgh and its Liberties,) shall be qualified as follows; (that is to say,) Every Person so to be appointed a Deputy Lieutenant shall be seised or possessed of an Estate in Property, either in his own Right or in Right of his Wise, of four hundred Pounds Scots of valued Rent in Scotland , or shall be Heir Apparent of some Person who shall in like Manner be seised or possessed of a like Estate as aforesaid of four hundred Pounds Scots of valued Rent; and every Person so to be appointed a Colonel shall in like Manner be seised or possessed of a like Estate as aforesaid of eight hundred Pounds Scots of valued Rent, or shall be Heir Apparent of some Person who shall in like Manner be seised or possessed of a like Estate as aforesaid of eight hundred Pounds Scots of valued Rent; and every Person so to be appointed a LieutenantColonel, shall in like Manner be seised or possessed of a like Estate as aforesaid of six hundred PoundsScots of valued Rent, or shall be Heir Apparent of some Person who shall in like Manner be seised or possessed of a like Estate as aforesaid of six hundred Pounds Scots of valued Rent; and every Person so to be appointed a Major or a Captain, shall in like Manner be seised or possessed of a like Estateas aforesaid of four hundred PoundsScots of valued Rent, or shall be Heir Apparent of some Person who shall in like Manner be seised or possessed of a like Estate as aforesaid of four hundred Pounds Scots of valued Rent, or shall be a younger Son of some Person who shall be, or at the Time of his Death was in like Manner seised or possessed of a like Estate as aforesaid of four hundred Pounds Socts of valued rent; and every Person so to be appointed a Lieutenantshall in like Manner be seised or possessed of a like Estate as aforesaid of one hundred PoundsScots of valued Rent, or shall be possessed of a personal Estate alone, or seised or possessed of Real and Personal Estate together, to the Amount or Value of one thousand Pounds Sterling, or shall be Son of some Person who shall be, or at the Time of his Death was in like Manner seised or possessed of a like Estate as aforesaid of one hundred Pounds Scots of valued Rent, or who shall be, or who at the Time of his Death was possessed of a Personal Estate alone, or seised or possessed of Real and Personal Estate together, to the Amount or Value of one thousand Pounds Sterling; and that every Person so to be appointed an Ensignshall in like Manner be seised or possessed of a like Estate as aforesaid of fifty PoundsScots of valued Rent, or shall be possessed of a personal Estate alone, or seised or possessed of Real and Personal Estate together, to the Amount or Value of five hundred Pounds Sterling, or shall be Son of some Person who shall be or at the Time of his Death was in like Manner seised or possessed of a like Estate as aforesaid of the yearly Value of one hundred Pounds Scots of valued Rent, or who shall be or who at the Time of his Death was possessed of a Personal Estate alone, or seised or possessed of Real and Personal Estate together, to the Amount or Value of five hundred Pounds Sterling; of which said Estates, required as Qualificationsfor Deputy Lieutenants, Colonels, Lieutenant Colonels, Majors, and Captains respectively, one Moiety shall be situate or arising within the respective Counties, Stewartries, Cities, or Places in which they shall be appointed to serve, or within the Counties, Stewartries, Cities, or Places joined together, as herein-after mentioned, to form the Regiment or Battalion to which they shall belong.
VI The Lieutenant, with the King's Approbation, may appoint the Provost of any Royal Burgh, &c. to be Deputy of the Subdivision in which it is situate.
VI. Provided always, and be it enacted, That where it shall appear necessary to any Lieutenant that a Deputy Lieutenant or Deputy Lieutenants should be resident in any Royal Borough, within the County or Stewartry of which he is Lieutenant, it shall be lawful for such Lieutenant, with the Approbation of his Majesty, to appoint the Provost of the Borough for the Time being, or any three Persons resident in such Borough, who shall be seised or possessed of a Real Estate in Houses or other Property within such Borough and Liberties thereof of the yearly Value of one hundred Pounds Sterling, or shall be possessed of a Personal Estate alone, or seised or possessed of a Real and Personal Estate together, to the Amount or Value of two thousand Pounds Sterling, to be Deputy Lieutenant or Deputy Lieutenants of the Subdivision within which such Borough is situated.
VII Regulations respecting the City and County of the City of Edinburgh.
VII. And be it further enacted, That within the City and County ofEdinburgh and Liberties thereof, the Lieutenant of the said City, or where there is no Lieutenant appointed, then the Chief Magistrate thereof shall appoint the Deputy Lieutenants within the said City, and shall also appoint Officers of the Militia, whose Number and Rank shall be proportionable to the Number of Militia Men which the said City shall raise, as its Quota towards the Militia of the County to which the said City is united for the Purposes aforesaid; and all Powers and Provisions made by this Act, with respect to the Counties at large, and the Militia thereof, and the Registering herein-after directed of the Qualification of Deputy Lieutenants and Officers, shall take place and be in force, with respect to the said City and its Liberties, and the Militia thereof, and the Registering of the said, Qualifications, and the...
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