52. REGULA- Not join BOOK V. joining the regiment in the time of annual exercise, or deferting during faid period, and not apprehended before the expiration thereof, or of any ferjeant, corporal, or drummer, fhall forthwith direct a party of the ferjeants, corporals, or drummers of the regiment or battalion to which he belongs, to affift in the apprehending fuch offender, and in conveying him before fome juftice of the peace of the county, stewartry, city or divifion wherein fuch offender shall be apprehended; and if by his confeffion or the testimony of any witness or witneffes upon oath, or the knowledge of fuch juftice, it shall appear or be found that fuch perfon is guilty of fuch offence, fuch adjutant, ferjeant-major, or fenior ferjeant, as aforefaid, fhall order a party of the ferjeants, corporals and drummers, under his command, to convey fuch offender to the head quarters of the regiment or battalion of militia of the next county, ftewartry, city or place, in the way to the county, ftewartry, city or place to which fuch offender belongs, and deliver him into the cuftody of the adjutant or ferjeantmajor of such regiment or battalion, or fenior ferjeant, as aforefaid, who fhall caufe him to be conveyed in like manner to the adjutant or ferjeant-major of the regiment or battalion, or fenior ferjeant of the regiment or battalion of the next county, flewartry, city or place, and fo in like manner until fuch offender fhall be delivered into the cuftody of the adjutant or ferjeant-major of the regiment or battalion, or fenior ferjeant, as aforefaid, of the corps to which he belongs, who fhall take him before a juftice of the peace, to be dealt with as this act directs in cafes of militia men deferting or abfenting themselves from their duty when not embodied or called out into actual fervice; and from the time of his be ing fo apprehended, as aforefaid, until he is brought before fuch justice of the peace, as aforefaid, fuch offender fhall be fubfifted at the rate of 6d. per day, from the public monies in the hands of the collector of the land tax of the county, ftewartry, city or place, to which fuch regiment or battalion belongs, for which fubfiftence fuch justice is hereby required to make fuch order upon fuch collector, who fhall be allowed the fame in his accounts; and if any ferjeant, corporal, or drummer fhall defert from the regiment or battalion to which he belongs, it fhall be lawful for any conftable or other officer of the town or place where any person who may be reasonably fufpected to be fuch deferter fhall be found, to caufe fuch perfon to be apprehended and taken before any juftice of the peace living in or near to fuch town or place, who is hereby empowered to examine fuch fufpected perfon; and if, by his confeffion, or the teftimony of any wit nefs or witnesses upon oath, or by the knowledge of fuch justice, it shall appear, or be found, that such suspected perfon is fuch deferter, fuch juftice fhall forthwith caufe him to be conveyed to the common gaol of the county or place where he fhall be found, or the house of correction, or other public prifon in the town or REGULA § 2. deferting; and, farther, any justice of peace, before whom any deferter shall be convicted, may iffue his warrant to the TIONS. One justice, clerk of the regiment, or to the commanding officer, requir place, in or near to which fuch deferter fhall be apprehended, there to remain until he shall be demanded by fome perfon or perfons authorised to receive him, as herein after direct ed, and fhall tranfmit an account thereof to the clerk of the general meetings of the county, ftewartry, city or place, to which fuch deferter belongs, and the keeper of such gaol, houfe of correction, or prifon, fhall receive the full fubfiftence of fuch deferter, at the rate above fpecified, for his maintenance during the time he fhall continue in his cuftody; but fhall not be entitled to any fee or reward on account of his imprifon men; and fuch clerk of the general meetings, receiving fuch account, fhall immediately tranfmit a copy thereof to the colonel or commanding officer of the regiment or bat talion of his county, stewartry, city or place; and alfo to the adjutant or other officer commanding the ferjeants, corporals and drummers of fuch regiments or battalions; and the colonel or commanding officer of the regiment or battalion to which fuch deferter fhall be found to belong, or the adjutant or officer commanding the ferjeants, corporals and drummers, of fuch regiment or battalion, fhall, and he is hereby required immediately, on receiving fuch copy as aforefaid, to fend any ferjeant, corporal, or drummer, or any party of the ferjeants, corporals, or drummers of his regiment or battalion, to the place where such deferter shall be fo confined, and fhall also fend by such ferjeant, corporal, or drummer, or the ferjeant commanding fuch party of ferjeants, corporals, or drummers, an order under his hand to the keeper of the faid gaol, house of correction, or prifon, requiring him to deliver fuch deferter to the person or perfons therein named, which he is hereby required to do; and the ferjeant, corporal, or drummer, to whom fuch deferter fhall be fo ordered to be delivered, in cafe one only shall be fent on fuch duty, fhall apply to the adjutant or ferjeant-major of the regiment or battalion, or to the fenior ferjeant of the corps of the county, ftewartry, city, or place, where fuch deferter fhall be fo confined as aforefaid, and fuch adjutant, ferjeant-major, or ferjeant, shall order a sufficient party of the ferjeants, corporals, or drummers under his command, to affift in conveying fuch deferter, and he fhall be conveyed to the adjutant or ferjeant-major of the regiment or battalion, or fenior ferjeant of the corps to which he belongs, in the fame manner as before directed with refpect to the conveying of private militia men to the adjutant or ferjeant-major of the regiment or battalion, or fenior ferjeant of the corps to which they belong; and fuch adjutant or ferjeant-major, or ferjeant. fhall take fuch deferter before a justice of peace of the county, stewartry, city, or place to which he belongs, § 2. REGULA. ing them to pay 20s, to the person who apprehended fuch deferter 1. THE calling out the militia in cafe of invafion", the punishment for non-attendance", the pay and other privileges of the men turning out, the re-inlisting of men whofe time is near expiring P, the duty of county lieutenants and other of ficers, when the militia is embodied, as to making out lifts, ballotting for men, and other matters, and when only part who fhall forthwith caufe him to be conveyed to the common gaol, houfe of correction, or other public prilon of fuch county, ftewartry, city, or place, where he fhall remain without, bail or mainprize, until a court mar, tial can and shall be fummoned and held for the trial of fuch deferters according to the provifions of this act, when he fhall be delivered to the perfon or perfons named, in any order, to be iffued for that purpofe under the hand of the officer by whofe au-" thority fuch court martial shall be fummoned, requiring the delivery of fuch deferter; and all gaolers and keepers of prisons shall (if required fo to do by any ferjeant, or corporal, or drummer, employed in conveying any militia man or ferjeant, corporal or drummer,fo offending to the regiment or battalion to which he belongs) receive into their cuftody, and confine fuch offender for such time as they fhall be respectively fo required as aforefaid, not exceeding twenty-four hours; and every fuch gaoler or keeper of any prifon, who fhall refuse so to do, fhall forfeit the sum of twenty fhillings; and all fuch ferjeants, corporals, and drummers, while they are 1 employed in executing fach duty as aforefaid; and all other ferjeants, corporals, and drummers, of the militia, while on any march, or employed on any duty upon which they may he commanded by any legal authori ty, fhall be billetted in like manner as ferjeants, corporals, or drummers, belonging to his majesty's other forces employed in apprehending and conveying deferters, are to be billeted. whom And be it further enacted, that the justice of the peace, before w any deferter fhall be convicted, shall and may iffue his warrant to the clerk of the regiment or battalion to which fuch deferter fhall belong, or (where there is no clerk) to the commanding officer, requiring fuch clerk or fach commanding officer to pay, out of fuch regiment or battalion, the fum of twenty fhillings, to the person who fhall have apprehended fuch deserter; and fuch clerk or commanding officer is hereby authorized and required to pay the fame accordingly on demand. m Ibid. § 107. n Ibid. § 110. • Ibid. § 113-115, 117, 120, 122. P Ibid. § 118, 119. 9 Ibid. § 124, 125, 127, 128. REGULA thereof is embodied, the increase of the numbers lawful in cafe of invafion, the men continuing liable to ferve though TIONS. fuch fupplementary militia be reduced and difembodied by proclamation, the pardoning deferters who furrender, and fending them to ferve abroad ", ballotting for fupplementary militia, filling up of vacancies occafioned by militiamen who were seamen entering into the navy under 43 Geo. III, c. 62, § 1, these things are all particularly regulated. QUOTA. Commif 7 III. WHERE the quota of any county fhall not be raised within a time limited, there must be paid 151*. fterling Penalty. annually for each man. This fum is to be raised by affeffment, made by the commiffioners of fupply at their Affeffment. firft general meeting yearly, after the expiration of the time limited, on receipt of the certificate of the lieuten- fioners of ant, or of three deputy lieutenants, mentioning the defi- supply. ciency. The commiflioners are to affefs the valued rent of each parish, or, if there is no evidence of the valued rent, according to the cuftomary payment of the land tax, in proportion to the number of men in which it was deficient ©; and when the deficiency fhall arife in any particular parifh, fioners of the affeffment shall be made thereon. If the commiffioners fupply perfonally liaof fupply fail to make fuch affeffment, they are perfonally ble for liable for the amount, which may be fummarily recovered neglect. by complaint to the sheriff or stewart depute at the instance of the lieutenant. Commif IN cities, the affeffment is to be levied as the cefs ftente; In cities. and magiftrates neglecting to make fuch affeffment, are perfonally liable, on fummary complaint, at the inftance of the collector of the land tax to the fheriff or ftewart depute. b§ 154. d $152. c. 50, § 10, it was § 155. $3. QUOT A If the parish be partly landward, and partly within boFartly land- rough, the landward part is confidered as part of the county ward, or ftewartry, and the part within the borough is included in in borough, the affeffment for the borough'. partlywith Money to to the col lector. Pecuniary penalties. Employ ment there of. SUCH fums must be remitted immediately to the collector of the land tax, who fhall retain it in their hands for three months, for the purpose of paying bounties to any volunteers that the deputy lieutenant shall raise within that period for fupplying deficiencies, and then they shall pay the balance to the receiver general of Scotland h. And when the whole affeffment upon any place is paid to the receiver general for Scotland, it fhall be indemnified for raifing its quota. The receiver general, again, muft, within ten days, certify the fame to the treasury, and pay the money into the exchequer, to be disposed of by parliament. WHEN pecuniary penalties are paid by perfons in lieu of their quotas, it is the bufinefs of the lieutenant and his deputies therewith to procure fubftitutes as soon as poffible. And under the former acts, some questions had come before the court of feffion as to the right of lieutenants to order a new levy, till the said sums had been accounted for. The court had, in general, been of opinion, that whatever action might afterwards lie against the lieutenant to account for the fums received, ftill the public fervice could not be interrupted. The ballot must take place. And in the ftatute 43 Geo. III, c. 50, § 1, it is provided, that deputy lieutenants shall proceed to fupply vacancies in the militia without regard to Supplying the cause or continuance thereof. The vacancies are direct vacancies. ed to be certified from time to time to the clerk of the general meetings, and by him notified to the clerks of the fubdivifion |