regulation of the militia in Scotland are defective and ineffectual,— Be it therefóre enacted,

That all acts relating to the militia in Scotland, fhall, from the paffing of this act, be, and are hereby

That in Scotland there shall be militia-men, exclufive of officers, in the whole, chofen by lot, who shall be armed and arrayed in fuch manner, and according to fuch rules and regulations as are herein after expreffed.

That for carrying this act into execution, his Majefty, &c. may and fhall iffue forth commiffions to commiffioners of militia in each county, &c. and the refpective commiffioners thereby appointed, or of them, fhall appoint deputy commiffioners, who fhall be respectively qualified as herein after is expreffed; and fhall caufe advertisements to be published in the news-papers, that all gentlemen willing to ferve as officers in the militia of fuch county, &c. fhall return their names, and places of abode, and additions, to his Majefty's commiffioners of militia, fpecifying the rank in which they are willing to ferve refpectively: and his Majefty's commiffioners fhall appoint a proper number of lieutenant-colonels, majors, and other officers, qualified as herein after directed, to train and difci pline the perfons fo to be armed and arrayed, according to the rules, &c. herein after provided, and fhall certify to his Majefty, &c.

That each perfon fo to be appointed a deputy-commiffioner, thall be proprietor and be in poffeffion of lands in Scotland, holden either of the crown or of a subject, and valued in the cefs-books of the county where they lie at or fhall be fuperior of lands yielding annnally to the fuperior not lefs than or fhall be heirapparent of fome perfon who fhall be, in like manner, proprietor and in poffeffion of a like eftate as aforefaid, valued in the cefs-books of the county where they lie or fhall be heir-apparent of a fuperior of lands yielding annually to the fuperior not less than

at

[The bill then proceeds to recite, in like manner, the qualifications neceffary for each lieutenant-colonel, major, captain, lieutenant, and enfign.]

That when any battalion of militia fhall be drawn out and embodied, his Majefty's commiffioners, or of them, may, upon account of military me.t Thewn in time of actual invafion or rebel

lion, promote any officer therein from 1 lower to a higher commiffion, notwith ftanding he shall not have the qualifica tion in point of eftate requifite for admittance into fuch higher rank; pr Ivided that no perfon not having the qualification herein before directed for captain, fhall be promoted to a highe rank than that of a captain.

That every commiffioner, deputy-commiffioner, and commiffion-officer, in th faid militia, fhall, at fome general quir. ter-feflions, or before the fheriff-dep of the county or his substitute, with

after he shall have accepted his comiffion, take the oaths of allegiance, ab juration, and affurance,-and fhall 2 make, repeat, and fubfcribe the declar tion in the act 19 Geo. I. directed to made, &c. by all officers civil and mo tary; and if any perfon fhall execute of the powers hereby conferred, not be ing qualified as aforefaid, every fo perfon fhall forfeit and pay the fum of

That nothing in this act contained & restrain his Majefty's commiffioners f appointing any peer, or heir-apparer! fuch peer, to be a deputy-commific or commiffion-officer in the militia, w in the county, &c. or oblige any peer, heir-apparent of fuch peer (fo appointe to leave with the clerk of the peace the county, &c. any qualification in ting as aforefaid.

That the acceptance of an appointm to be a deputy-commiffioner, or f commiffion in the militia, fhall not va the feat of any member returned to in parliament.

That his Majefty's commiffioners, the end of every at their annual m ing, fhall difcharge fome one field-of of each battalion, and fuch number efen cers of each inferior rank as fhall be to the number of perfons who thi given notice in writing to his Ma commiflioners at leaft before meeting, that they are willing to as field-officers, captains, lieutenant enfigns, as the cale may require ; F4 vided that the number of vacancies fo made fhall not exceed of fuch 4 cers who fhall have ferved for the p of in each rank refpectively. Pa ded that nothing herein contained prevent any officer who has fervid from offering to ferve in a higher ran he be qualified as this act requires.

That it fhall be lawful for the miffioner of any county, &c. to

lieuten

lieutenant-colonel of any battalion of militia, for fuch county, &c. during fuch time as there fhall not be any field-officer appointed for the command of the fame; but no commiffioner fhall, at any one time, act as a lieutenant-colonel to more than one battalion.

That his Majesty, &c. may and fhall appoint one proper perfon, who fhall have ferved for the space of in fome of his Majefty's other forces, or in any corps of militia that has been drawn out and embodied for the space of to be an adjutant to each battalion or independent company of militia; and fuch adjutant, if appointed out of his Majefty's other forces, fhall, during his fervice in the faid militia, preferve his rank in the army in the fame manner as if he had continued in that service.

That any person who fhall quit his halfpay to serve as a commiffioned officer in the militia, fhall, upon his quitting the fame, or upon unembodying thereof, be reftored to his half-pay, to recommence from the last quarter-day or day of payment next preceding.

That the colonel, or the commanding officer of each battalion of militia, fhall ppoint a ferjeant-major out of the fereants, and a drum-major out of the drummers, of fuch battalion.

That his Majefty, &c. may and shall appoint, according to the proportion of One ferjeant to private men, or more proper perfons to be ferjeants to very company in the militia, and from ime to time fhall fill up vacancies out of is Majesty's other forces, with proper erfons who shall have served in fuch other orces for the space of which ferjeants o appointed fhall take the oath of alleiance. And the service in the militia hall entitle to the benefit of Chelsea hopital.

That after any corps of militia fhall ave been inrolled, and formed for the pace of or fhall have been embodied, d called out into actual service, for the pace of the captain or commanding ficer fhall fill up the vacancies of ferants out of the corps. Provided that o perfon who fhall keep any houfe of ublic entertainment, or who shall fell ayale, wine, brandy, or other fpirituous quors, by retail, fhall be capable of beg appointed or continuing a ferjeant in e militia.-And it fhall be lawful for e commanding officer of any corps of ilitia, to displace ferjeants for mifbcha

viour; and he shall have the fame power with regard to the appointment and difmiffion of corporals, drummers, and fifers.

That when any corps of militia fhall be drawn out into actual fervice, and during the time they shall continue in fuch service, the commanding officer of fuch corps fhall appoint an agent to fuch corps, and fhall be accountable for, and make good, all deficiencies that may happen in refpect of the pay, cloathing, or public ftock, which shall be received by fuch agent.

That the number of private men to be raifed fhall be [for each county in Scotland, every one of which is particularly named.]

That the deputy commiffioners fhall hold general meetings in the first year after for each county, &c. and one fuch general meeting every year afterwards; and they may appoint fubdivi fion-meetings.

That the firft general meeting fhall be held on the in every year, or fo foon after as conveniently may be and this meeting fhall require the feffion-clerk in each parish within the county, &c, to return to the next general meeting fair and true lifts, in writing, of the names of all the men ufually and at that time dwell ing within their respective parishes, between the ages of and years com plete, diftinguishing their refpective ranks and occupations, and which of the perfons fo returned labour under any infirmities, incapacitating them from serving as militia-men, having firft affixed a true copy of fuch lift on the door of the parish church or chapel, on fome Sunday morning before they fhall make fuch return, and also notice in writing, at the bottom of fuch lift, of the day and place of fuch general or fubdivifion meeting refpectively, and fhall then attend, and verify the truth of fuch lifts upon oath; and that all perfons who fhall think themselves aggrieved, may then appeal; and that no appeal will be afterwards received.

That no peer of this realm, nor any person who fhall serve as a commiffionofficer, non-commiffion officer, or private man, ferving in any of his Majefty's other forces, or any commiffion-officer ferving, or who has ferved as a principal in the militia, nor any perfon being a member of any of the univerfities, nor any clergyman, nor any licenfed teacher of any feparate congregation, nor any ar

ticled clerk, apprentice, feaman, or feafaring man, nor any perfon mustered and doing duty in any of his Majefty's docks, nor any one who has a living child or children born in lawful wedlock, shall be compelled to serve perfonally, or provide a substitute to serve in the militia.

That if fuch deputy-commiffioners or juftices of the peace fhall, at any general or fubdivifion meeting, receive information, or shall fufpect, that any perfon inferted in any lift defcribed as an apprentice, has been fraudulently bound an apprentice, in order to avoid serving in the militia, they fhall enquire into fuch binding; and if fuch fraud fhall appear, they fhall appoint fuch perfon to ferve immediately in the militia for the parish; and the perfon to whom such apprentice fhall be fo bound fhall forfeit and immediately pay the fum of

That if any feffion-clerk fhall refuse or neglect to return fuch lifts, or to comply with fuch orders and directions as aforesaid, or shall, in making fuch return, be guilty of any fraud or wilful partiality, he fhall forfeit and pay any fum not exceed ing

That any perfon who fhall, by gratuity, or any undue means, or by menaces, endeavour to prevail on any feffion-clerk, to make a falfe return of any lift, or to erafe or leave out of any lift the name of any perfon who ought to be returned, or who fhall refufe to tell his Chriftian and furname, or the Chriftian and furname of any man lodging in his or her house, to any officer authorised to demand the fame; every fuch perfon fhall forfeit and pay the fum of

That the deputy-commiffioners and juftices of the peace, after hearing fuch perfons who fhall think themselves aggrieved by their names being inferted in any fuch lift, or by any others being omitted, fhall order fuch lift to be amendded; and, after fuch lifts are fo regulated, a fair copy thereof fhall be made by the clerk of each general or fubdivifion meeting, and figned by the deputy-commiffioners and juftices, and forthwith tranfmitted to the clerk of the general meeting for fuch county, &c. who fhall give a receipt for the fame; and the clerk of the general meeting fhall forthwith tranfmit fuch lifts to his Majefty's commiffioners of fuch county, &c.; who fhall thereupon appoint a general meeting of the deputycommiffioners; which meeting shall direct what number of private militia-men

fhall ferve for each refpective fubdivifion, towards raifing the whole number direc ed to be raised by fuch county, &c. and thall alfo appoint proper times and places for holding a fecond fubdivifion-meeting; and the clerk of fuch general meeting fhall forthwith transmit an account in writing, figned by the deputy commil fioners, to each clerk of every fubdivifion meeting in fuch county, &c. of the num bers of private militia-men to be raised in fuch fubdivifion.

That the deputy-commiffioners and juftices of the peace, fhall appoint whet number of men fhall ferve for each part or place, and fhall transmit an account thereof, under their hands, to the cit of the peace, to be inrolled among the records of session, and also to the rece ver general of the land-tax.

That at fuch fubfequent general fubdivifion meeting, any deputy-commiffioners and juftices of the peace, as forefaid, fhall cause the number of n appointed to ferve as aforefaid, to b chofen by lot out of the lifts returnedin fuch parish or place; and shall again a point a general or fubdivifion meeting within the space of for fwearing a inrolling the men.

That it fhall not be lawful for any pe fon to contract or agree with any peri to indemnify or infure any perfon ha to ferve in the militia, against ferir therein, or in like manner to contrac agree to provide a fubftitute for any p son who may be chosen by lot to ferve the militia, or to pay the penalty of by this act laid on any perfon chofen b lot to ferve in the militia, who shal fufe or neglect to appear, and take oath, and ferve in the militia, or prov a fubftitute; and if any perfon fhal fend herein, fuch perfon fhall, for e fuch contrac, &c. forfeit and pay fum of Provided that nothing bea contained fhall extend to prevent perfon who fhall have been chofen lot to ferve in the militia, from procu a proper person to serve as his fubftitut Provided also, that nothing in this fhall extend to prevent perfons of fame parish or place, or of added together, from entering into fcriptions amongst themfelves for pa jointly for fubftitutes, who may be vided for fuch of the fubfcribers on w the lot may fall.

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