MILITIA. 373 
of London, Woolwich Warren* the feveral gun-wharfs at 
Portlmouth, Chatham, Sheernefs, and Plymouth, or at 
the powder-mills, magazines, or the houfes under the di¬ 
rection of the board of ordnance; and poor men who 
have more than one child born in wedlock. By 43 Geo. III. 
c. 113. a perfon lerving or having found a fubftitute in the 
army of relerve is exempted ; and by 44 Geo. III. c. 54. 
any effective volunteer. Perl'ons ballotted, that refufe to 
ferve or provide a fubftitute, fhall forfeit rol. which, by 
43 Geo. III. c. 50. is increafed to 15I. and at the expira¬ 
tion of five years be liable to ferve again, in perfon or by 
fubftitute. Thofe who have ferved arc to be returned 
home in due time, fo that they may reach the county to 
which they belong, if abfent from it, by the expiration of 
their term ; unlels they fhall confent to ferve again. The 
enlifting of perl'ons enrolled to ferve in the militia, for 
fervice in his majelty’s other forces, fhall be deemed null 
and void. The militia are required to be trained and ex- 
ercifed by regiment or battalion, once in a year for twenty- 
eight days together; (43 Geo. III. c. 19.) and the pe¬ 
nalty of not appearing, or of del'erting, is the immediate 
payment of 20I. or imprifonment for fix months, or till 
the money is paid. In cafe of aCtual invafion, or imme¬ 
diate danger of it, or rebellion in this kingdom, his ma- 
jefty, communicating the occafion to parliament, if fit¬ 
ting, or declared in council, and notified by proclama¬ 
tion, if parliament be not fitting, may order the militia 
to be embodied, put under the command of general offi¬ 
cers, and led to any part of the kingdom, but not to go 
out of it; and they fhall be fubjeCt to the aCts againll 
mutiny and defertion. And any perfon not appearing, 
fhall be liable to be apprehended and punifhed as a de- 
lerter; and, if any perfon fhall harbour or conceal any 
fuch militia-man, he fhall for every fuch offence forfeit 
100I. From the date of his majefty’s command for draw¬ 
ing out the militia into aCtual fervice, the officers and 
privates fhall be entitled to the fame pay as thofe of other 
infantry. Officers of the militia, during the time of fer¬ 
vice, are exempted from the office of lheriff; nor does the 
acceptance of a commiffion in the militia vacate the feat 
of any member returned to ferve in parliament (42 Geo. 
III. c. 90.) and private men from highway-duty, from 
parifh-offices, and lerving in his majefty’s other forces by 
lea or land. Militia-men, when fick, are entitled to re¬ 
lief ; and their dellitute families to a weekly allowance 
out of the poor-rates of the parifh, See. to which they be¬ 
long. If they are maimed or wounded in aftual fervice, 
they are entitled to the benefit of Chelfea-hofpital; they 
may fet up trades in any part of the kingdom. 
Nothing in the aft of the 26 Geo. III. c. 107, fhall 
extend to the tinners in Devon and Cornwall; but the 
lord warden of the ltanneries for the time being, in pur- 
fuance of his majefty’s commiffion, and fuch as he fhall 
commiflionate and authorife under him, fhall ule the like 
powers, and array, afl'efs,arm, mufter, and exercife, the laid 
tinners, as has been heretofore ul'ed, and according to the 
■» ancient privileges and cuftoms of the ltanneries. 
The lord warden of the sinque ports, and in his abfence 
his lieutenant or lieutenants, lhall put in execution with¬ 
in the fame all the powers and authorities granted by this 
aft, in like manner as his majefty’s lieutenants of coun¬ 
ties and their deputy-lieutenants may do; and may keep 
up and continue the ufual number of l'oldiers in the laid 
ports, towns, and members, unlefs he or they find caufe 
to lell'en the fame ; and the militia of the laid ports, 
towns, and members, lhall remain feparate from the mi¬ 
litia of the feveral counties within which the laid ports, 
towns, and members, are lituate ; and the laid warden, or 
his lieutenant or lieutenants, lhall, in purfuance of orders 
from his ihajefty, in the manner prefcribed by the 13 and 
14 Car. II. notwithftanding one or more months’ pay ad¬ 
vanced be not reimburled, raife and draw out the l'oldiers 
into aftual fervice, and caufe the perfons charged as by 
the laid aft to provide their fbldiers with pay in hand, 
not exceeding one month’s pay, in fuch manner as if all 
Vol. XY- No. 1050. 
the pay advanced and provided had been reimburfed ; 
and fhall ufe the like powers, and array, aflels, and arm, 
mufter, and exercife, the laid l'oldiers, and make alTefl- 
ments, and ifl'ue warrants for the affelfments made or to 
be made, for railing any trophy-money, and for defraying 
the neceftary charges of trophies, and other incident ex- 
penfes of the militia of the laid ports, towns, and mem¬ 
bers, as hath been heretofore ul'ed, and according to their 
ancient privileges and cuftoms; any thing in the laid aft 
or this aft to the contrary notwithftanding. 
By 48 Geo. III. c. 111. and fubfequent afts, a particu¬ 
lar l'pecies of force is ordered to be raifed under the name 
of the “ Local Militia;” the provifions of which aft re¬ 
gulate the mode of railing the fame kind of force in the 
cinque ports, ltannaries, and fome other privileged places. 
The number of men ballotted and enrolled under this 
denomination in any county, divifion, or part of any 
county, lhall not exceed fuch number as will, including 
the eft'eftive yeomanry and volunteers then lerving in 
fuch county, &c. exclufive of lupernumeraries above the 
eftablifhment of fuch corps, lerving without pay, who 
fhall have been enrolled therein after the ift of April 
1808, amount to fix times the relpeftive original quota 
or proportion of militia of fuch county, See. under the 
42 Geo. III. c. 90. The deficiencies in eft'eftive yeo¬ 
manry and volunteers in any county, Sec. lhall be fup- 
plied from time to time by local-militia men ; fo that the 
number in the whole of the local-militia under this aft, 
and eft'eftive yeomanry and volunteers, lhall be equal to 
fix times the amount of fuch quota or proportion. Vo¬ 
lunteers are allowed to enter, whether any order be given 
for fupplying deficiencies or not, until the local militia 
be completed ; and fuch volunteers fhall receive two gui¬ 
neas each, payable on their relpeftive enrolment. By 49 
Geo. III. c. 40, this is repealed, except as to members of 
volunteer corps. Volunteers transferring themlelves. 
into the local militia, are not liable to ferve in the regu¬ 
lar militia, in confequence of any former ballot. The 
men to be raifed finder the aft 48 Geo. III. c. hi. fhall 
be ballotted out of the perfons between the ages of 18 
and 30 returned in the lifts now exifting, or hereafter re¬ 
turned, amended or correfted for the railing of the mi¬ 
litia ; and his majefty may direft the making out of new 
lifts ; and no perfon ballotted to ferve in the local militia 
fhall be allowed to find any fubftitute, or be entitled to 
any bounty or half-bounty. Perfons ballotted are to take 
a prefcribed oath, and then to be enrolled to ferve in the 
local militia of fuch county as a private local-militia¬ 
man for the lpace of four years. Perfons unable to ferve 
from illnel's or bodily infirmity fhall be excui'ed ; and per¬ 
fons exempted are licenfed teachers of any congregation 
in holy orders, op pretended holy orders, and not carry¬ 
ing on any other trade, or exercifing any other occupa¬ 
tion for his livelihood, except that of a lchool-mafter; me¬ 
dical men aftually praftifing as phyficians, furgeons, or 
apothecaries ; no perfon mufterea, trained, or doing duty, 
or employed in his majefty’s fervice in the Tower of Lon¬ 
don, the royal arfenal at Woolwich, or at any gun-wharfs, 
or at any pow der-mills, powder-magazines, or other ltore- 
houfes belong to his majefty, under the direction of the 
board of ordnance, fhall be liable to be ballotted for the 
local militia fo long as they refpeftively continue within 
any of the aforelaid deferiptions; and every perfon w r ho 
fhall have ferved, oris now lerving, in perlon in the addi¬ 
tional military force raifed under an aft palled in the 
forty-third year of the reign of his prefen t majefty, or who 
lhall have been ballotted, and have provided any fubfti¬ 
tute, or lhall have paid any fine for not lerving or find¬ 
ing a fubftitute, in fuch additional force, lhall be exempt 
from ballot and fervice in the local militia, in like man¬ 
ner, and for the fame period, as fuch perlon was or is ex¬ 
empt from ballot and fervice in the regular militia dur¬ 
ing the continuance of the laid aft of the forty-third year 
aforelaid ; any thing in any aft or afts of parliament t© 
the contrary notwithftanding, 
5 C 
No 
