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mission is vacated by the revocation of the commission of the Lord Lieutenant.* Each Lord Lieutenant (or, in Ireland, the Governor of a Deputy.
Lieutenants. county, or a majority if there is more than one,) choses deputies to second him when present, and to replace him in his absence, their names having been first presented to and approved by Her Majesty (or, in Ireland, by the Lord Lieutenant). His functions are filled, in his absence, by three of the deputies authorized by the Crown. He may, however, when he is ill or absent from the country, appoint his Vice Lieutenant to act for him for the county; f or in England, with the approbation of the Crown, appoint any one Deputy Lieutenant to act as Lieutenant for a division of a county.S
There must be at least twenty deputies for a county, if it is possible to complete that number, fulfilling the conditions prescribed by the law.
For the purposes of qualification for deputies and officers the counties are divided into two classes. |. The first class
* 42 Geo. III. c. 90, sec. 4; 49 Geo. III. c. 120, sec. 67.
† If the Governors neglect to appoint deputies the Lord Lieutenant may appoint them; 49 Geo. III. c. 120, sec. 66.
17 and 18 Vic. c. 106, (Scot.) secs. 3 and 4. $ 55 Geo. III. c. 65, sec. 9; 46 Geo. III. c. 96, sec. 45.
| When it shall appear necessary to any Lieutenant of a county that a Deputies in Deputy-Lieutenant or Deputy-Lieutenants should be resident in any royal Royal Burghs. burgh within the county of which he is Lieute it shall be lawful for such Lieutenant, with the approbation of Her Majesty, to appoint the Provost of such burgh for the time being, or any persons, not being more than three, resident in such burgh, who shall be respectively in possession of a real estate in property within such burgh, of one hundred pounds of real rent, to be Deputy-Lieutenant or Deputy-Lieutenants of the subdivision of such county within which such burgh is situated.
Within the city and county of Edinburgh and liberties thereof, the Lieu- Qualifications tenant of the said city, or where there is no Lieutenant appointed, then the and County of chief magistrate thereof, shall appoint the Deputy-Lieutenants, and, in the City of Edin
burgh. officers of the Militia, number and rank in proportion to the quota of the said city; and provisions made by this Act with respect to the counties at large, and the Militia thereof, shall take place and be in force with respect to the said city and its liberties and the Militia thereof; and the qualifications
being all counties not in the second. The second class are less wealthy than the others, requiring less income for the militia officers. They are Cumberland, Huntingdon, Monmouth, Westmorland, Rutland, and the counties of Wales. The Isle of Ely stands alone in qualification. Cities and towns that are counties within themselves form another class. Qualification is required only for rank of Captain or
any higher rank.t Qualification. The following incomes constitute eligibility to the different ranks in the Militia. First Class Second Class Isle of
Cities, Counties. Counties. Ely. Income or Estate.
£ Deputy - - 200 150 150 150 or 3,000 Colonel
- 1000 600 Lieutenant-Colonel 600 400
400 200 Captain
200 150 100 150 „ 2,5001 of Deputy-Lieutenants and officers of the Militia of such city and its liberties to be as follows: every Deputy-Lieutenant shall be in possession, either in his own right, or in right of his wife, of a real estate in property, within the said city and liberties thereof, of one hundred pounds of real rent; and erery Lieutenant-Colonel shall be in possession in like manner, of a like estate as aforesaid, of two hundred pounds of real rent; and every Major or Captain shall be in possession, in like manner, of a like estate, as aforesaid, of one hundred pounds of real rent; saving always and reserving to the Royal College of Surgeons in Edinburgh all rights, immunities, privileges, and exemptions, of which the said College may have been and still are in the lawful possession, and the benefit of any Act or Acts of Parliament passed heretofore in their favour.*
* General Militia Act.
Heir apparent to
an income of Deputy-Governor - £200 or £400+ Colonel
3000 Lieutenant-Colonel 1200
In counties of the first class the heir apparent of a person possessing double the usual qualification, is qualified for deputy or Field-officer, and any son of a person possessing a double qualification, is eligible for the rank of Captain; but no privilege is extended to heirs or sons in cities and towns. An exception is made in favour of the Peerage. Every peer and his heir-apparent can obtain all ranks in the Militia without being obliged to prove their property, or to make any return of his qualification to the clerk of the peace.* In Scotland, the counties reckon as counties of the second class; the qualification, however, of the heir apparent or son being the same as that of the ancestor.
The qualification may be either landed or personal estate, and in Scotland real rent also. I
If in land, either freehold, copyhold, or customary freehold, or an estate in land for some long term of years, determinable on one or more lives, possessed or entitled at law or in equity, for the officer's own use or benefit, in possession for his own life or the life of his wife. If the qualification is a landed estate, the land may be situated in any part of the United Kingdom. In England also immediate reversions or leases for lives on reserved rents of the clear yearly value to the lessees of £300, are deemed equal to a qualification required of £100, and so on proportionally. . Estates in law or equity, for the officer's own use and benefit in possession, originally granted for twenty years or more, equal in value to the estate required for qualification, are sufficient. ||
* 42 Geo. III. c. 90, sec. 14. † 17 and 18 Vic. (Scotland) c. 106, sec, 6. † 17 and 18 Vic. c. 106, sec. 9; 17 and 18 Vic. (Ireland) c. 107, sec. 6.
§ 17 and 18 Vic. c. 105, sec. 31; 17 and 18 Vic. (Ireland), c. 107. sec. 6; Idem, (Scotland) c. 106, sec. 6.
|| 42 Geo. III. c. 90. secs. 6 to 11; 15 and 16 Vic. c. 50, sec. 4. No deputy, or officer above the rank of subaltern, can be appointed until his qualification has been delivered to the clerk of the peace.
Veteran In order to give the Militia the service of veteran officers,
India Company's Service, may, without any property quali-
Commissions in the Militia are not vacated by the revocation of the powers of the grantor.t
In order to give the County-Lieutenant a more direct interest in the corps of his county, he is allowed to act as Commandant, (if no other is appointed,) with the rank of Colonel, but the pay only of the proper Commandant.
The rank of Colonel can also be acquired by a LieutenantColonel, who has been Commandant of a battalion for five years, while the Militia has been embodied.
In order to give the officers as much liberty as possible, Militia officers who, from any reason, accept a commission of the same rank in any other corps, rank in the service according to the date of the vacated commission. Again, that Commandants may be free to travel, when away from Great Britain, the Queen may direct the officer next in command to act, with all the powers of Commandant, until the other returns and notifies his arrival. When the officer
* 15 and 16 Vic. c. 50, sec. 2; 17 and 18 Vic. c. 107, sec, 7; Idem, c. 106, sec. 10; Idem, c. 105, sec. 31.
† Militia Act (Scot.) 1854., sec, 5; 49 Geo. IIL c. 120, sec. 11. # 17 and 18 Vic. c. 106, sec. 15.
next in command assumes the command, he must, within seven days, notify the absence of his Commandant to the Lord-Lieutenant, and if in actual service, to the Secretary at War. *
Orders that have been given by an absent Commandant are to be completed, and the money to be paid to the tradesmen, to his order, though he may leave Great Britain; similarly, the orders given by the officer who acts for him during his absence are to be completed and paid for on his order, even after his superior's return.
In addition to the ordinary regimental officers, who are Permanent only bound to appear for exercise and training, every regiment or other independent corps of disembodied Militia has a permanent staff attached to it, consisting of one adjutant, one serjeant-major, one serjeant for every forty privates, and one drummer for every two companies, with an additional drummer for each flank company, and one drum-major for every corps of eight companies and upwards.
This permanent staff is at all times subject to the annual Mutiny Act and Articles of War, and under the command of the Commanding Officer of the corps of Militia. The persons composing it are bound to reside in the place where the arms of the regiment are kept, and are under the command of the adjutant, who is also bound to be resident in the same place, and to act in his command under the orders of his commanding officers. The principal duty of this staff is to take care of the arms and military stores of the regiment.f Where no barracks are provided for them, they may be billetted in the usual manner.
The adjutant who commands the permanent staff is ap
* 17 and 18 Vic. c. 106, sec. 17. † 16 & 17 Vic. c. 116, sec. 4.