Arms. entitled to pensions. Half-pay may be received by officers who are also on full pay, as Captains, Lieutenants, Cornets, Adjutants, or Quartermasters, on taking the following oath : 66 "I, A. B., do swear that I had not, between the and the any place or employment of profit, civil or military, under Her Majesty, besides my allowance of half-pay as a reduced in late regiment of save and except my pay as Adjutant or Quartermaster, (as the case may be) for serving in the corps of Yeomanry or Volunteers, (as the case may be.)”* Places for keeping the arms, as well as persons to take care of them, may be appointed by Commanding Officers. The places, when inspected by two Deputy-Lientenants, or one and a justice, are paid for, in England, by the ReceiverGeneral of the county. In Scotland, the Barons of the Exchequer grant a warrant for payment; the same must not exceed that which is authorized in a royal order issued for that purpose. The money paid by the Receiver- General is replaced out of the first aid and supplies thereafter granted to the Crown. Clerks to general and subdivision meetings in England are rewarded for their trouble, as under the Militia laws: in Scotland such rewards being certified to the Barons of Exchequer. The arms provided at public expense are marked, and penalties imposed for selling† or buying them. *44 Geo. III. c. 54; and 57 Geo. III. c. 44, sec. 2. Ten shillings, or one week's imprisonment with hard labour, or until the penalty is paid. Ten pounds or three months, or until the penalty is paid. There is also a penalty of £10 or two months imprisonment, on persons refusing to return, when ordered, the arms provided at the public expense. When any majority of the members of a corps of cavalry not assembled for military duty, are desirous of assembling under the command of their own officers for exercise, for not more than fourteen days in the twelve months, the County-Lieutenant, with the approbation of the Crown, may make an order for that purpose; and may also order any justice of the county to issue the proper precepts for billets, and these cavalry are to be legally billetted. They are not, when so out, under the Mutiny Act. The Lieutenant or his representative then signifies to the Secretaryat-War the days fixed, and the number of men; and the Secretary-at-War then causes to be paid to the Officer in Command two shillings and sixpence per man for each day, and one shilling and sixpence per day per horse.* The fines or subscriptions paid for the use of any corps, and the arms and other material of any corps, are vested in law in the Commanding Officer. Any subscriptions or fines required by the rules of any corps, if not paid, may be directed by a justice to be doubled, and to be levied by But no officer is deemed a public accountant by reason of his having thus to disburse public money. 44 Geo. III. c. 94. distress: such double fines are applicable to the stock of the regiment; the justice may however mitigate the penalty. Regulations. It seems that most of the ancient corps, being voluntary associations, had their own rules and regulations; but now no future regulations for any corps are valid, unless submitted to the principal Secretary of State, and allowed by the Crown. The Queen may also annul any former rules and regulations. The acceptance of a commission in a Yeomanry or Volunteer corps does not vacate a seat in Parliament. DIGEST OF THE MILITIA ACTS. The three principal Statutes of the Militia in the United Kingdom are the 42 Geo. III. c. 90 (England), the 42 Geo. III. c. 91 (Scotland), and the 49 Geo. III. c. 120 (Ireland). These three Acts are severally consolidations of all ancient Acts of the three countries respectively. Of these three, the English Act forms the model; and is the plan of the following Digest: the parts repealed, as well as the parts varied for Ireland and Scotland, are duly noted. If the reader wishes to find if any abstracted Section belongs to any one of the three countries, by referring to the foot notes he will find whether the Act or Acts of the Militia of the country he is referring to apply to that section. There are also many other Acts varying or adding to the Consolidation Acts, which also form an element of this Digest. The only Act not fully embodied in this Digest is the Annual Militia Pay Act. The sections and tables of that Act, relating to pay and allowances, are too minute for abridgment; the Act itself ought, in all cases, to be referred to. The sections not relating to pay, &c., will be found in their proper places. Section 2. The substance of this section, as well as the sub- The Queen stance of similar sections in the Scotch and Irish Acts, will be appoints Lieufound in pp. 229, 230; it is therefore unnecessary to repeat them tenants of here.* * 42 Geo. III. c. 90, sec. 2; Idem, c. 91, sec. 1; 49 Geo. III. c. 120, secs. 65, 66, 67. counties, &c. may be author section is given. Commissions not vacated by removal, &c., of the Lieutenants. mand of the Vide pp. 230 to 233, where the substance of this No commission of any deputy, nor any commission of any officer in the militia is vacated by reason of the revocation, expiration, or discontinuance of the commission by which the lieutenant, or the three deputy lieutenants, were appointed.* The lieutenant of every county has the chief command of the County lieutenants have militia of his county. Twenty (at the least) deputy-lieutenants the chief com- are to be appointed, if so many can be found qualified. In Ireland, however, it is expressly enacted that the commanding officer of each regiment has the chief command of his regiment, and not the governors of the county.† Militia. tenants. Qualifications of Deputies and Officers. No Deputy or Subaltern is to until his qua lification is delivered to the Clerk of the Peace, The Clerk of Sections 6, 7, 8, 9, 10, 11. These sections, which are in the Act very complicated, will be found tabulated and abstracted in the text in pages 233 and 234, and are therefore not here repeated.‡ No person can be appointed deputy of any county, or to a higher rank than that of lieutenant, until he has delivered to the clerk of the peace of his county (or in Scotland to the clerk of the commissioners), or, in the absence of the clerk of the peace or of supply, his deputy, a specific direction in writing, signed by himself, of his qualifications, stating the parish in which his estates are situate (and in Ireland with the denomination of the lands), and the clerk of the peace (or in Scotland, clerk of supplies), or his deputy, transmits to the lieutenant of the county (or in Ireland to the Custos Rotulorum or chief governor or chief magistrate) a copy of such description; and no commission is valid unless the qualification is delivered as above.§ The clerk of the peace of every county enters the qualifications the Peace en- transmitted to him upon a roll, and causes to be inserted in the rols qualifica * 42 Geo. III. c. 90, sec. 4; c. 91, sec. 4. † 42 Geo. III. c. 90, sec. 5; 49 Geo. III. c. 120, secs. 12 and 65. § 42 Geo. III. c. 90, sec. 12; Idem, c. 91, sec. 8; 49 Geo. III. c. 12 sec. 17. |