Militia (Stannaries) Act 1802

JurisdictionUK Non-devolved
Citation1802 c. 72
Anno Regni GEORGII III. Britanniarum Regis,Quadragesimo secundo. An Act for repealing an Act, made in the thirty-eighth Year of the Reign of his present Majesty, intituled, Cornwalland Devon, for the Defence of the Kingdom during the present War ; and for the more effectually raising and regulating a Body of Miners for the Defence of Great Britain .

(42 Geo. 3) C A P. LXXII.

[22d June 1802]

'WHEREAS by the Laws now in force for regulating the Militia ofEngland , it is provided that nothing therein contained should extend to the Miners in the Counties of Devon and Cornwall , but that the Warden of the Stannaries, in pursuance of his Majesty's Commission in that Behalf, and such as he should commissionate and authorize under him, should have and use the like Powers, and array, assess, arm, muster, and exercise the said Miners within the said Counties, or either of them, as hath been theretofore used, and according to the ancient Privileges and Customs of the said Stannaries, and the like Provision had been made by divers former Acts of Parliament concerning the Militia: And whereas by reason of the Length of Time which elapsed since any Commission hath issued to the Warden of the Stannaries aforesaid to array, assess, arm, muster, and exercise the said Miners, great Difficulties might occur in the Execution of such Commission: And whereas an Act was made in the thirty-eighth Year of the Reign of his present Majesty, intituled, of Cornwalland Devon for the Defence of the Kingdom during the present War : And whereas it is expedient that the said Act should be repealed, and that further and more effectual Provision should be made for raising and regulating a Body of Miners, within the Counties of Cornwall and Devon , for the Defence of Great Britain ;' 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, from and after the passing of this Act, the said recited Act, passed in the thirty eighth Year of the Reign of his present Majesty, shall be repealed; and that his Majestymay from Time to Time, as Occasion shall require, issue his Commission to the Warden of the Stannaries of the CountiesofDevon and Cornwall for the Time being, giving him Power and Authority during his Majesty's Pleasure, and such Warden is hereby, according to such Commission, authorized and required to call together, arm, array, and cause to be trained and exercised, such Miners once in every Year, in such Numbers and in such Manner as herein-after is directed; and the said Warden shall constitute and appoint, from Time to Time, such Persons as he shall think fit, being qualified as herein-after mentioned, to be his Deputy Wardens for the special Purposes of this Act, the Names of such Persons having been first presented to and approved by his Majesty, and the said Wardenshall also appoint such Field Officers, and other Officers as herein-after directed, qualified as herein-after mentioned, to train, discipline, and command the Miners so to be armed and arrayed, according to the Rules, Orders, and Directions after mentioned, and shall certify to his Majesty the Names and Ranks of all such Officers so to be appointed; and if 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 Warden to grant a Commission to any Person so disapproved, but Commissions shall be granted by the said Warden to all such Persons so to be appointed as shall not be disapproved by his Majesty; and the Officersso appointed shall rank with the Militia Officers of this Kingdom, according to the Dates of their respective Commissions, and with all Officers of his Majesty's Regular Forces, in the same Manner as the said Militia Officers are entitled to Rank; and the Commissions so to be granted by the said Warden shall not be vacated by reason of the Revocation, Expiration, or Discontinuance of his Majesty's Commission to the said Warden: Provided always, that if any Warden of the said Stannaries to whom his Majesty shall have issued his Commission as aforesaid shall be removed from or resign his Office of Warden of the said Stannaries, and cease to be Warden of the said Stannaries, the said Commission, issued to the said Warden for the Purposes aforesaid, and all and every the Powers and Authorities vested in such Warden by virtue of such Commission, and of this Act, shall cease and determine: Provided also, that on every such Removal or Resignation his Majesty may issue his Commission to any Warden of the Stannaries, appointed to succeed on any Vacancy, to exercise the Powers hereby given to the Warden of the Stannaries for the Time being, and such Warden shall thereupon have full Power and Authority to exercise all the Powers vested in such Warden by the said Commission, and by this Act.

S-II Warden shall appoint 12 at least Special Deputy Wardens, qualified, &c. as Deputy Lieutenants.

II Warden shall appoint 12 at least Special Deputy Wardens, qualified, &c. as Deputy Lieutenants.

II. And be it further enacted, That the said Warden shall constitute and appoint twelve Special Deputy Wardens, at the least, for the Purposes of this Act, if so many Persons can be found qualified as herein-after directed; that is to say, every such Person so to be appointed a Special Deputy Warden shall be qualified in the same Manner as Deputy Lieutenants are required to be qualified in the said Counties ofCornwall and Devon , by the Laws in force relating to the Militia of England (or by any Act to be passed in this Session of Parliament, or by any former Act or Acts); and every Person so to be appointed a Special Deputy Warden shall take and subscribe the Oaths, and make, repeat, and subscribe the Declaration required to be taken, made, repeated, and subscribed by such Deputy Lieutenants, by virtue of any such Act, changing only what ought to be changed.

S-III Warden shall displace Deputies or Officers, according to his Majesty's Pleasure.

III Warden shall displace Deputies or Officers, according to his Majesty's Pleasure.

III. And be it further enacted, That his Majesty, his Heirs and Successors, may, from Time to Time, as he and they shall think fit, signify his and their Pleasure to the Warden of the Stannaries to displace all or any Deputy Wardens or Officers aforesaid, and thereupon the said Warden shall forthwith displace such Deputy Wardens or Officers, and appoint others within the same County, with the like Qualifications, and under and subject to the like Provisions and Restrictions, to serve in their Stead.

S-IV Justices with one Deputy Warden may act.

IV Justices with one Deputy Warden may act.

IV. And be it further enacted, That it shall be lawful for any Justice or Justices of the Peace of the said Counties respectively, together with one or more Special Deputy Warden or Deputy Wardens, to do all Matters and Things in the Execution of this Act which might be done by a like Number of Special Deputy Wardens, in the same Manner as Justices of the Peace are authorized to act with Deputy Lieutenants in executing the Laws concerning the Militia.

S-V Warden shall appoint Clerk of the General Meetings, and Deputy Wardens Subdivision Clerk.

V Warden shall appoint Clerk of the General Meetings, and Deputy Wardens Subdivision Clerk.

V. And be it further enacted, That the said Warden shall, from Time to Time, appoint a Clerk of the General Meetings, to be holden as her in after directed, and May displace such Clerk, if he shall think fit, and appoint another in his Room; and the Special Deputy Wardens within their respective Subdivisions, or the major Part of those present at any Subdivision Meeting, shall also, from Time to Time, appoint a Clerk for their Subdivisions, and may displace such Clerk, as they or the major Part of them shall think fit, and appoint another in his Room; and such Clerk of such General Meeting shall be paid five Guineas for every General Meeting; and such Clerks of Subdivision Meetings shall be paid one Guinea for every Subdivision Meeting; such Feesto be paid by the Receiver General of the Land Tax in the Counties ofCornwall and Devon respectively; and such Clerks shall receive no other Fee or Reward whatsoever.

S-VI General Meetings shall be holden annually, of which fourteen Days Notice shall be given,

VI General Meetings shall be holden annually, of which fourteen Days Notice shall be given,

VI. And be it further enacted, That General Meetings of the said Warden and Special Deputy Wardens shall be holden at the most convenient Towns of the Counties ofCornwall and Devon respectively; and such Meetings shall consist of the Warden and two Special Deputy Wardens at the least, or on the Death, Removal, or Absence of the Warden, of three Special Deputy Wardens at the least; and one such General Meeting shall be holden within each of the said Counties, annually, upon the last Tuesday which shall happen before the tenth Day of October in every Year; and the said Warden and two Deputy Wardens (or on the Death, Removal, or Absence of the Warden), any three Deputy Wardens, when they shall find it necessary for carrying the Purposes of this Act into Execution, may summon, or cause to be summoned, other General Meetings, on any Days to be fixed by such Summons; and Notice of such Meetings shall be given fourteen Days at the least before the Day of any such Meeting, in some Newspaper or Newspapers, usually circulated in the said Counties of Cornwall and respectively; and such General Meeting shall and may summon other Meetings, and be adjourned in the same Manner as General Meetings of Lieutenancy may be summoned and adjourned by virtue of the Laws then in force, concerning the Militia Forces inEngland .

S-VII First General...

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