Regiment of Cornwall and Devon Miners Act 1798
| Jurisdiction | UK Non-devolved |
| Citation | 1798 c. 74 |
| Year | 1798 |
(38 Geo. 3) C A P. LXXIV.
[21st June 1798]
'WHEREAS, by an Act passed in the twenty-sixth Year of his Majesty's Reign, intituled, Great Britaincalled England, 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 it is therefore expedient that Provision should be made for arming, arraying, and exercising a certain Proportion of such Miners, for the Defence of the Kingdom during the present War;' 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, Thathis Majesty may, from Time to Time as Occasion shall require, issue his Commission to the Warden of the Stannaries of the Counties ofDevon and Cornwall , 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, in such Numbers and in such Manner as hereinafter is directed; and the said Warden shall constitute and appoint, from Time to Time, such Persons as he shall think fit, being qualified as hereinafter mentioned, to be his Deputy Wardens for the special Purposes of this Act, the Names of such Persons having first been presented to and approved by his Majesty; and the said Warden shall also appoint such Field Officers and other Officers as hereinafter directed, qualified as hereinafter mentioned, to train and 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 Officers so appointed shall rank with the Militia Officersof this Kingdom, according to the Dates of their respective Commissions, and with all Officers of his Majesty's 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 Discontinuanceof his Majesty's Commission to the said Warden: Provided always nevertheless, That if any Warden of the said Stannaries, to whom his Majesty shall have if rued 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.
II Warden to appoint Special Deputy Wardens, who shall be qualified as, and take the Oath prescribed to, Deputy Lieutenants under 26 Geo. 3. c. 107.
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 hereinafter 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 by the said Act of the twenty-sixth Year of his Majesty's Reign, in the said Counties ofCornwall and Devon ; 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 the said Act of the twenty-sixth Year of his Majesty's Reign, changing only what ought to be changed.
III Justices with Deputy Wardens may act.
III. 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.
IV Warden to appoint a Clerk of the General Meetings, and Deputy Wardens a Clerk for their Subdivisions.
IV. 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 hereinafter 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 Meetings 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 Fees to 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.
V Number of Men to be raised to be One seventh of those liable to be ballotted for. \(See ∥ 8. 12.)
V. And be it further enacted, That the Number of Men to be raised by virtue of this Act shall be One-seventh Part of the Number of Persons who shall appear to be liable to be ballotted to serve in pursuance of this Act, as hereinafter directed.
VI General Meetings to be holden, of which 14 Days previous 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 Meeting 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 Notice thereof 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 CountiesofCornwall and Devon 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 in force concerning the Militia Forces of that Part of Great Britain called England .
VII First General Meeting to appoint Subdivision Meetings, &c.
VII. And be it further enacted, That the said Warden and Special Deputy Wardens, or such of them as shall be present at the first General Meeting to be held in pursuance of this Act, in each of the said Counties ofCornwall and Devon , shall appoint the several Subdivision Meetings which shall be held within the four Stannaries of Blackmore, Foymore, Tywarnhaite Penwith , and Kerrier respectively, for the County of Cornwall , and within the four Stannaries of Chagford, Ashburton, Plympton , and Tavistock , for the County of Devon ; which Subdivision Meetings shall consist of two Special Deputy Wardens, or one Special Deputy Warden and one Justice of the Peace for the County...
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