by Night as by Day; and within the Limits aforefaid, every fuch XXIV. And be it further enacted, That this Act fhall continue Continuance of in force until the First Day of June One thousand eight hundred and A&t. twenty, and from thence until the Expiration of Six Weeks from the Commencement of the then next Seffion of Parliament. CA P. XXXVIII. An Act for allowing a certain Proportion of the London Militia to enlift into the Regular Forces for the vigorous Prosecution of the War; alfo, a certain Proportion to enlift annually into the Regular Forces; and for completing the faid Militia. [17th December 1813.] WHEREAS Two Regiments of Militia have been raised in and for the City of London, by virtue of Two several • Acts of Parliament, one of them paffed in the Thirty fixth Year of 36 G. 3. c. 92. the Reign of His prefent Majesty, intituled An Act for amending and reducing into One Act of Parliament Two feveral Acts paffed in the Thirty fourth and Thirty fifth Years of the Reign of His prefent Majefty, for the better ordering the Militia of the City of London; and for the further regulating of the Trained Bands or Militia of the faid City; and the other of them, paffed in the Thirty ninth Year 39 G. 3. c. 82. of the Reign of His prefent Majesty, intituled An A to explain and amend an Aa, paffed in the Thirty fixth Year of the Reign of His prefent Majefty, intituled An Act for amending and reducing into One Act of Parliament Two feveral Aus paffed in the Thirty fourth and Thirty fifth Years of the Reign of His prefent Majefty for the better ordering the Militia of the City of London; and for the further regulating the Trained Bands or Militia of the faid City: And whereas an A&t was paffed in the Fifty first Year of the Reign of His present Majefty, intituled An Ad to allow a certain Proportion 1 G. 3. c.20. of the Militia of Great Britain to enlift annually into the Regular • Forces; and to provide for the gradual Reduction of the faid Militia; and it was thereby enacted, that the faid Act should not extend to the c. I. ante. § 20. City of London (a); And whereas an Act has been paffed in this prefent Seffion of Parliament, intituled An Act to enable His Majefty to accept the Services of a Proportion of the Militia out of the United Kingdom, for the vigorous Profecution of the War; and it is thereby enacted, that the faid Act fhall not extend to the City of London: And whereas by an Act paffed in this prefent c.17. ante. Seffion of Parliament, intituled An Act to enable His Majefty to acccept the Services of a Proportion of the Militia of the City of London, out of the United Kingdom, for the vigorous Profecution of the War, His Majefty has been empowered to accept the ⚫ Services, and to employ in any Part of Europe, fuch Part of the (a) [No fuch Ena&ment appears.] • London His Majesty may accept Of fers of Propor tion of London Militia to enlist into the Line. pany. His Majefty may appoint Officers from and make Battalions of Companies, &c. • London Militia, not exceeding Three Fourths of the Number • actually ferving in each Regiment of fuch Militia, as may make a voluntary Offer of extending their Services to all Parts of Europe: • And Whereas it is highly important that the most effectual Measures fhould be adopted for the vigorous Profecution of the War upon the Continent of Europe, and it is neceffary to provide a permanent Supply of Men for His Majefty's Regular Forces: And Whereas the City of London, notwithstanding the Exemptions from raising of Men for Military Service contained in their Charters and in the faid recited Acts, are defirous, and have voluntarily agreed, that His Majefty fhould be empowered to accept any Offers of a Proportion of the Officers, Non Commiffioned Officers and Private Men of the London Militia to transfer their Services into Regi. ments of the Line, under certain Regulations; and that a certain Proportion of the faid Militia fhould be annually allowed to enlist into His Majefty's Regular Forces under certain Restrictions :' May it therefore pleafe Your Majefty, that it may be enacted; and be it enacted by The King's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That it fhall be lawful for His Majesty to accept the Services, under the Regulations and Restrictions specified in this Act, of fuch Part of the prefent London Militia not exceed ing in any cafe Three Fourths of the Number actually ferving in the faid Militia, as fhall be defirous of enlifting into His Majesty's Regular Forces in manner hereinafter mentioned. Number of II. And be it further enacted, That where any Number of PriMen in a Com- vate London Militia Men shall be defirous of enlifting into any Regi ment of the Line of His Majefty's Regular Forces, which may be appointed by His Majefty for that Purpofe, as a Company or Companies of not lefs than One hundred Men to each Company, and His Majefty fhall have fignified his Intention of granting London Militia, Commiffions in His Majefty's Regular Forces to any Officer or Officers actually ferving in the Regiment of London Militia, from which any fuch Company of Men fhall volunteer to ferve as aforefaid in His Majefty's Regular Forces as Captain, Lieutenant and Enfign of any fuch Company; that in every fuch case it shall be lawful for fuch Men to enlift as fuch Company or Companies as aforefaid, and in every fuch case it shall be lawful for any Number of Non Commiffioned Officers, Corporals and Drummers of fuch Regiment of London Militia, not exceeding Five Serjeants and Six Corporals to every One hundred Men, to enlift with any fuch Com. pany of Men as aforefaid; and every Colonel and Commanding Officer of fuch Regiment is hereby required to discharge fuch Non Commiffioned Officers, Corporals and Drummers as fhall be deftrous of enlifting as aforefaid, not exceeding fuch Number as aforefaid, and it fhall be lawful for His Majefty to attach fuch Company or Companies of Men to any Regiment of the Line of His Majefty's Regular Forces fo appointed by His Majefty, or to join together any Number of fuch Companies and form the fame into an additional Battalion or additional Battalions of any fuch Regiment as aforefaid, and in such case to appoint fuch and fuch Number of Field and Staff Officers to any fuch Battalion or Battalions as His Majesty fhall think neceffary: Provided always, that nothing herein contained Provifo. fhall ! fhall be conftrued to prevent any Number of Men lefs than One hun. Provifo. III. Provided always, and be it further enacted, That every Officers volunOfficer fo volunteering to ferve in His Majefty's Regular Forces, teering to ferve with any fuch Company of Men as aforefaid, fhall upon his Re- in Regulars to duction be entitled to and receive the Half Pay of the Rank in which he shall have been serving at the time of his Reduction. IV. Provided always, and be it further enacted, That the Number of Men to be raised in either of the faid Regiments under the laft recited A&t (b), paffed in this Seffion of Parliament, by extending their Services to Europe as Militia, and under this Act by Enliftment by Companies into fuch Regiments of the Line as may be appointed by His Majefty for that Purpose, shall not altogether exceed Three Fourths of the Number of Private Men actually serving in such Regiment. (b) [c. 17. §1. ante.] V. And, towards providing a Permanent Supply of Men for His Majefty's Regular Forces, be it further enacted, That it fhall be lawful for His Majesty annually to accept the Services of fuch Men of the London Militia, not exceeding One Seventh Part of the Number of Private Men in each of the faid Regiments, as fhall be willing to enlist into His Majefty's Regular Forces, under the Regulations and fubject to the Restrictions hereinafter mentioned, but in addition to the Men now ferving in the said Militia who may enlift in Companies by virtue of the Provifions hereinbefore contained. VI. And be it further enacted, That it fhall be lawful for His Majesty by any Order or Orders, figned by His Majefty's Secretary of State, to name and appoint such and fo many of the Regiments of His Majesty's Regular Forces as His Majefty fhall think fit, to re ceive Volunteers from the London Militia under this Act, out of either of the Regiments of fuch Militia named in any fuch Order; and it fhall be lawful for any Number of Private Men, of each of fuch Regiments of Militia, not exceeding the Proportion hereinafter mentioned, to enlift in the manner and under the Regulations herein mentioned into any Regiment as aforefaid, which, in any fuch Order of His Majefty, fhall be named to receive Volunteers from fuch Regiments of Militia. have Half Pay. Proportion of London Militia. Proportion of London Militia annually allowed to enlift. His Majesty may appoint Regiments in which Militia Men may enlist. VII. And be it further enacted, That His Majefty's Principal Number of Men Secretary of State fhall, annually, afcertain the Number of Private to enlut. Men that shall be allowed to enlift out of each Regiment of London Militia, fo that the whole Number do not exceed One Seventh Part of each of the faid Regiments; and His Majefty's Secretary of State fhall, annually, on or before the First Day of February, fignify to the Commanding Officer of each of the faid Regiments the Number of Private Men that fhall be allowed to enlift out of such Regiment respectively, under the Provifions of this Act. VIII. And be it further enacted, That it fhall be lawful for His His Majefty Majesty to appoint fuch General or Field Officers especially autho- may appoint rized by His Majefty, or by the Commander in Chief of His Officers to apMajefty's Forces for that Purpofe, to infpect, approve or reject the prove or reje Private Men who fhall be defirous of enlifting under this Act, and fuch Officers may approve of or reject fuch Private Men accordingly: M 54 GEO. III. Provided Men. Age, Height, &c. of Men. Commanding Officer of each Regiment fhall read His ment, & c. If Number who fhall en ft fhall not be due Pro portion, in what cafe further En liftment may take place. In what cafe His appoint further Provifo. As foon as Number enlifted from either Regiment is afcertained, they fhall be dif Provided always, that nothing in this Act contained fhall extend to authorize any fuch Officers to reject any Private Men, defirous of enlifting as aforefaid, who fhall be of the Height of Five Feet and Four Inches or upwards, and under the Age of Thirty five Years, and not disabled by Lameness or other Bodily Infirmity. IX. And be it further enacted, That the Commanding Officer of each Regiment of London Militia fhall, within "Two Days after the Receipt of the Order as to Men enlifting, caufe fuch Regiment to be drawn out, and fuch Commanding Officer fhall read, or caufe to be read, by fome Commiffioned Officer to the Regiment fo drawn out, His Majesty's Orders in relation to enlifting under this Act, and fhall caufe the fame to be given out in Orders, and shall in fuch manner as His Majefty fhall direct, explain to the Men the Terms upon which any Man ferving in fuch Militia may enlift into His Majefty's Regular Forces under this Act, and fhall, on the Day next fucceeding, caufe his Regiment to be drawn out, and the Names of the Men who fhall then voluntarily declare their Intention of enlifting to be written down, and if the Number of fuch Men fhall exceed the Proportion allowed to enlift, fuch Excefs fhall be reduced by Ballot to the Number authorized to enlift. X. Provided always, and be it further enacted, That if the Number of Private Men in either of the Regiments of London Militia, who fhall (when fo drawn out as aforefaid) voluntarily de clare their Intention to enlift, fhall not amount to the Proportion authorized to enlift as aforefaid, then and in fuch cafe, a Book fhall be opened by the Commanding Officer, and it fhall be lawful for any other of fuch Men, not exceeding the Number neceffary to complete the Number allowed to enlift under this Act, at any time within Seven Days after the laft Day of fuch Two Days on which fuch Regiment fhall have been drawn out, to enter their Names in fuch Book as willing to enlift as aforefaid. XI. And be it further enacted, That in cafe the whole Number of Men allowed to enlist in any One Year under the Provifions of this Act, from each or either of the faid Regiments, fhall not have enlifted into His Majefty's Regular Forces within the faid Seven Days as aforefaid, it fhall be lawful for His Majefty, by any Order of the Secretary of State, fignified to the Commanding Officer of fuch Regiment, to appoint, from time to time, further Periods of Three Days each for enlifting into His Majefty's Regular Forces, until the whole Number allowed to enlift fhall have declared their Intention of enlifting; and during any fuch Periods it fhall be lawful for any Man to enlift under this Act from fuch Regiment in manner aforefaid: Provided always, that Ten Days Notice fhall, from time to time, be given to fuch Commanding Officer, and by him to his Regiment, of the feveral Days or Periods fo to be appointed for enlifting previous to each fuch Period, and that there be an Interval of Fourteen Days at least between each fuch Period of Three Days. XII. And be it further enacted, That fo foon as the Number of Private Men to be eulifted from either of fuch Regiments fhall have been ascertained in manner by this Act directed at each of fuch refpective Periods as aforefaid, the Commanding Officer of fuch Regiment is hereby required to difcharge all fuch Private Men fo to be enlifted from the Militia; and every fuch Private Man fo shall, if approved, discharged as aforefaid, fhall, if approved by the Officer to be ap charged; and pointed pointed by His Majefty for that Purpose, immediately belong to the be attefted for Regiment into which he fhall have declared or fhall declare his In- Regular Service. tention to enlift, if he fhall have enlifted into any Regiment of His Majefty's Regular Forces fpecified in His Majefty's Orders, or fhall belong if he fhall not have enlifted into any fuch Regiment as an enlifted Soldier in His Majefty's Regular Forces, and every fuch Man fhall be thereupon immediately attefted for fuch Service in His Majefty's Regular Forces, and fhall (as foon as conveniently may be) be transferred to fome Officer of the Regiment into which he fhall have enlifted, or such Officer of His Majefty's Regular Forces as His Majefty may have appointed to receive Men enlifted under this Act. an Account of XIII. And be it further enacted, That the Commiffioners of Lieu- Lieutenancy to tenancy of the City of London fhall within Ten Days after the receiv- tranimit to ing of any Order for that Purpose from His Majefty, fignified by His Privy Council Majefty's Secretary of State, tranfmit to His Majefty's Privy Council Number difan accurate Account, in Writing, of the Number of Perfons that fhall charged, &c. have been discharged from the faid London Militia and enlisted as aforefaid under this Act, which Account fhall, in all cafes where the fame may be neceffary, be tranfmitted by the Commanding Officer of each Regiment of such Militia to fuch Commiffioners as aforefaid for that Purpose. hall have fuf XIV. Provided always, and be it further enacted, That no Private No Perfon unMilitia Man fhall be entitled to enlift under this Act who fhall be in der ConfineConfinement under any Sentence of any Court Martial, or with a View ment, entitled to being tried by any Court Martial, until he shall have fuffered the to enlift until he Sentence of fuch Court Martial, or shall have been acquitted, or until fered Sentence fuch Sentence fhall have been remitted; and that no Private Militia of Court MarMan fhall be entitled to his Difcharge or to enlift under this A&tial, &c. who fhall have been fentenced to any Punishment by any Court Martial for any Offence committed within the Space of Three Calendar Months next before the time of his fo offering to enlift, unlefs he fhall obtain the Confent of the Commanding Officer of the Regiment of Militia in which he fhall be ferving at the time of his being defirous of enlifting as aforefaid. enlift. XV. Provided always, and be it further enacted, That it fhall be Serjeants and lawful, with the Confent of the Officer commanding either of the Corporals may faid Regiments, for any Number of Serjeants and Corporals, not exceeding the Proportion of One Serjeant and One Corporal for every Twenty Men enlifting from fuch Regiment, to enlift in like manner and at fuch Periods as Part of the faid Quota into His Majefty's Regular Forces; and if any greater Number of Serjeants and Corporals, than fuch Proportion as aforefaid, fhall be defirous of enlifting as aforefaid, fuch Number shall be reduced by Ballot to the Number authorized to enlist. charged. XVI. Provided alfo, and be it further enacted, That nothing in At not to authis Act contained fhall authorize any Officers appointed by His thorize enlisting, Majefty to enlift and receive Militia Men under this Act, or any Com. or perfuading to enlift, any Man manding Officer or other Officer or Non Commiffioned Officer of any not duly di Regiment as aforefaid, or other Perfon, to enlift or perfuade to enlift or receive any Militia Men, other than fuch as fhall have been duly difcharged by the Colonel or Commanding Officer of the Regiment of Militia to which the Perfon defirous of enlisting fhall belong; and if any Officer fhall enlift, or attempt to enlist any London Militia Man, Luch M 2 |