Militia (Scotland) Act 1803
| Jurisdiction | UK Non-devolved |
| Citation | 1803 c. 89 |
| Year | 1803 |
(43 Geo. 3) C A P. LXXXIX.
[11th July 1803]
'WHEREAS it is expedient to provide Relief for the Families of the Non-commissioned Officers, Drummers, and Privates of the Militia ofScotland , when embodied and called out into actual Service, so long as Provision shall continue to be made for the Families of such Non-commissioned Officers, Drummers, and Privates of the Militia of England ;' 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 if any Person serving or enrolled in the MilitiaofScotland as a Non-commissioned Officer or Drummer, or as a ballotted Man or Substitute, hired Man, or Volunteer respectively, shall, when embodied and called out into actual Service, leave a Family unable to support themselves, the Family of every such Non-commissioned Officer, Drummer, ballotted Man, Substitute, hired Man, or Volunteer respectively, shall receive, in the Manner herein-after directed, a weekly Allowance according to the usual and ordinary Price of Labour in Husbandry within the County, Stewartry, Division, District, Parish, or Place where such Family shall dwell, by the following Rule; that is to say, a Sum equal to but not exceeding the Price of one Day's such Labour for each and every Child born in Wedlock, and under the Age of ten Years, and for the Wise of such Non-commissioned Officer, Drummer, ballotted Man, Substitute, hired Man, or Volunteer, whether he shall or shall not have any Child or Children, a Sum equal to but not exceeding the Price of one Day's such Labour.
‘The Justices in any General Quarter Sessions may regulate the Rate of Allowance, ∥ 2. [As Justices inEngland may under 43 G. 3. c. 47. ∥ 3. at the Michaelmas Sessions.] — No Allowance shall be made till the Man has joined his Corps, nor longer than he shall remain in actual Service, nor to any Wife who shall follow the Corps, or leave her Child, or depart from her Home, unless under Certificate of a Justice or of the Minister of the Parish for obtaining Work, &c. ∥ 3. [See ∥ 4. of 43 G. 3. c. 47.] — Nor to the Family of any Substitute, hired Man, or Volunteer who shall marry after being called out without Consent of the Commanding Officer certified previous to the Marriage, ∥ 4. [See ∥ 7. of 43 G. 3. c. 47.]’
V Families to obtain Certificates of their Inability to maintain themselves, before entitled to Relief.
V. And be it further enacted, That the Wives and Children of Militia Men entitled to Relief under this Act, shall, in the first Instance, obtain a Certificate of their Inability to maintain themselves, and the Causes thereof, from the Minister of the Parish in which they reside, who shall sign the same, together with one Heritor or one respectable Person occupying Land, and paying the Rent of not less than twenty Poundsper Annum ; or in Cities or Towns Corporate from the Minister and one of the Magistrates thereof.
VI On Production of such Certificate to a Justice, he shall order a weekly Allowance to be paid.
VI. And be it further enacted, That upon the Production of such Certificate to a Justice of the Peace, such Justice shall, if he be satisfied therewith, make an Order for the Payment of a weekly Allowance, according to the usual and ordinary Price of Labour in Husbandry within such County or Stewartry, Division or Place, where such Family shall dwell, by the following Rule; that is to say, a Sum equal to but not exceeding the Price of one Day's such Labour, as ascertained by the Justices of the Peace at the Quarter Sessions of such County or Stewartry, in the Manner herein directed, for each and every Child born in Wedlock, and under the Age of ten Years; and for the Wise of such Militia Man, whether he shall or shall not have any Child or Children, a Sum equal to but not exceeding the Price of one Day's such Labour so ascertained.
VII Such Order and Certificate shall be transmitted to the Clerk of Commissioners of Supply of the County, &c. who shall transmit the same to the Collector of the Cess, on Penalty of 5 l.
VII. And be it further enacted, That such Order so made, with such Certificate annexed thereto, shall be transmitted by the Justice of the Peace making the same, to the Clerk of the Commissioners of Supply of the County or Stewartry, City or Place, in which such Wife or Family shall dwell, who shall record the same, and shall transmit the original Order and Certificate to the Collector of the Cess for such County or Stewartry, City or Place; and any Clerk of the Commissioners failing or neglecting, for the Space of six Days after the Receipt of such Order and Certificate, to record and transmit the same in the Manner herein directed, shall forfeit and pay the Sum of five Pounds for each Neglect, to be recovered with double Costs of Suit, in the same Manner that any Penalty against Commissioners of Supply is herein directed to be recovered, one Half of which Penalty to be applied to the Use of his Majesty, his Heirs and Successors, and the other Half to be paid to the Person or Persons suing for the same.
VIII Collector of the Cess shall pay monthly an Allowance to the Treasurer of the Kirk Session of each Parish.
VIII. And be it further enacted, That it shall be lawful for such Collector of the Cess, and he is hereby authorized and required to remit or pay, out of such publick Monies as may be in his Hands, to the Treasurer of the Kirk Session of each Parish, at least once in every Month, a Sum sufficient to satisfy and pay the Amount of such Orders for Relief so transmitted to such Collector; and any Collector failing or...
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