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Provifo

Counterfeiting
Certificates, &c.

Death.

Bank to continue

fhall refpectively underwrite his, her or their Acceptance thereof, and that no other Method of affigning or transferring the faid Capital or Joint Stock, and the Annuities attending the fame, or any Part thereof, or any Intereft therein, shall be good and available in Law, and that no Stamp Duties whatfoever fhall be charged on the faid Transfers, or any of them: Provided always, that all Perfons pof. feffed of any Share or Intereft in the faid Joint Stock of Annuities, or any Eftate or Intereft therein, may devife the fame by Will in Writing, attested by Two or more credible Witneffes, but that no Payment shall be made upon any fuch Devife, until fo much of the faid Will as relates to fuch Eftate, Share or Intereft, be entered in the faid Office; and that in default of fuch Transfer or Devife as aforefaid, fuch Share, Eftate or Intereft fhall go to the Executors, Adminiftrators, Succeffors and Affigns.

XI. And be it further enacted, That if any Perfon or Perfous shall forge or counterfeit, or caufe or procure to be forged or counterfeited, or fhall willingly act or affift in the forging or counterfeiting any Certificate or Certificates directed to be made out by this A&, or any Affignment thereof, or Indorsement thereon, or shall alter any Number, Figure or Word, in any fuch Certificate, or in any Affignment thereof, or Indorsement thereon, or utter or publish as true any fuch falfe, forged, counterfeited or altered Certificate or Certificates, or Affignment or Affignments thereof, or Indorfement or Indorfements thereon, with Intent to defraud His Majesty or the Governor and Company of the Bank of England, or any Body Politic or Corporate, or any Perfon or Perfons whomfoever, every fuch Perfon or Perfons fo forging or counterfeiting, or causing or procuring to be forged or counterfeited, or willingly acting or affifting in the forging or counterfeiting, or altering, uttering or publishing as aforefaid, being thereof convicted in due Form of Law, fhall be adjudged guilty of Felony, and shall fuffer Death as a Felon, without Benefit of Clergy.

XII. Provided also, and it is hereby further enacted, That the said a Corporation for Governor and Company of the Bank of England, and their Succeffors, the Purpose of

this Act.

Taking Fee.

Penalty.

Bank to receive

notwithstanding the Redemption of all or any of their own Funds, in pursuance of the Acts for eftablishing the fame, or any of them, fhall continue a Corporation for the Purposes of this A&t, until all the faid Annuities fhall be redeemed as aforefaid, and the faid Governor and Company, or any Member thereof, fhall not incur any Difability for or by reafon of his or their doing any Matter or Thing in pursuance of this Act.

XIII. And be it further enacted, That no Fee, Reward or Gratuity whatsoever shall be demanded or taken for any Transfer of any Sum, great or fmall, to be made in pursuance of this Act, upon Pain that any Officer or Perfon offending, by taking or demanding any Fee or Gratuity contrary to this Act, fhall, for every fuch Offence, forfeit the Sum of Twenty Pounds to the Party grieved, to be recovered, with full Cofts of Suit, by Action of Debt, Bill, Plaint or Information, in any of His Majefty's Courts of Record at Wefminster, wherein no Effoign, Protection, Privilege, or Wager of Law, Injunction or Order of Retraint, or more than One Imparlance, fhall be granted or allowed.

XIV. Provided always, and be it further enacted, That the Coma Compenfation miffioners of the Treafury, or any Three or more of them, now

being, or the High Treasurer, or any Three or more of the Commif- for their fioners of the Treasury for the time being, fhall have Power, and Service, they are hereby authorized, out of the faid Confolidated Fund, to reward all fuch Perfons as fhall be any ways employed in the Execution of this Act, for their Service, Pains and Labour, and also to defray fuch incident Charges as shall neceffarily attend the fame, and alfo to fettle and appoint fuch Allowances as they fhall think proper, for the Service, Pains and Labour of the Cafhier or Cafhiers of the faid Go vernor and Company of the Bank of England, for receiving, paying and accounting for the faid Annuities made payable by this Act, and alfo for the Service, Pains and Trouble of the faid Accountant General of the faid Governor and Company for performing the Duty and Truft incumbent on or repofed in him by this Act; all which Allowances to be made as aforefaid, in refpect of the Service, Pains and Labour of any Officer or Officers of the faid Governor and Company of the Bank of England, fhall be for the Ufe and Benefit of the faid Governor and Company, and at their Difpofal only, any Thing herein contained to the contrary notwithstanding.

XV. And be it further enacted, That if any Perfon or Persons shall at any time or times be fued, molested or profecuted, for any Thing by him or them done or executed in purfuance of this Act, or of any Matter or Thing therein contained, fuch Perfon or Perfons fhalland may plead the General Iffite, and give the fpecial Matter in Evi- General Issue. dence for his or their Defence; and if a Verdict fhall pafs for the Defendant or Defendants, or the Plaintiff or Plaintiffs fhall difcontinue his or their Action, or be nonfuited, or Judgment fhall be given against him or them upon Demurrer or otherwife, then fuch Defend

ant or Defendants fhall have Treble Cofts to him or them awarded Treble Cofts. against fuch Plaintiff or Plaintiffs.

[See poft. c. 36.]

CA P. XXIV.

An Act to amend an Act, paffed in the laft Seffion of Parliament, for completing the Militia of Great Britain; and to make further Provifion for completing the faid Militia.

W1

49 G. 3. c. 53.

[18th April 1810.] HEREAS by an A&t passed in the Forty ninth Year of the Reign of His prefent Majefty, intituled, An Ad for complet. §6. ing the Militia of Great Britain, Provifion is made for placing the • Men which thall be raised by Beat of Drum for the Regular Mili. tia, to fill up Vacancies occafioned by Men having enlifted into the 'Line, in the Order and Succeffion to be fixed by Ballot in the Form prefcribed by the faid recited Act; and Provifion is also made for apportioning, before any Ballot fhall take place, the Men actually enrolled and fo entered as aforefaid, and the Deficien'cies to be fupplied; but no Provifion is made by the faid A&t for placing the Men which fhall be raised by Beat of Drum over and above any Number which may have enlifted into the Line;' May it therefore pleafe Your Majefty that it may be enacted; and be it en acted by the King's mott Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual aud Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame,

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That

Deputy Lieute

nants to apportion the Men

raifed by Beat of

Drum and Men

raifed by Ballot.

Provifions in
Mutiny As as to
enlifting to ex-
tend to raifing
Men by Beat of

Drum for
Militia.

How Families of

Perfons raised by
Beat of Drum

fhall be relieved.

Provifions of

That it fhall be lawful for the Deputy Lieutenants of the feveral
Counties, Ridings, Shires, Stewartries, Cities and Places in Eng-
land and Scotland refpectively, and they are hereby required at any
General Meetings which fhall be held, relating to the Regular Mili-
tia, or which fhall be affembled, and which General Meetings are here-
by required to be affembled in cafe it fhall be neceffary, to apportion
and distribute any fuch Excefs of Men raised by Beat of Drum over
and above the Number of Vacancies occafioned by enlifting into the
Line, and it fhall be lawful for the Deputy Lieutenants at any Ge-
neral Meetings to be held for that Purpose, to alter, from time to
time, any
fuch Apportionments, and make new and further Appor-
tionments or Diftributions, and place any Men fo apportioned or dif-
tributed or applied as aforefaid to any other Parishes, in cafe it fhall
appear to be neceffary for the making a juft Diftribution of the Men fo
raifed by Beat of Drum as aforefaid; and all fuch Apportionments
and Distributions fhall be made among the feveral Parishes either
by Ballot and entering upon Lifts of the Names of the Parishes or
otherwise, and in any fuch Manner as fhall appear to the Deputy
Lieutenants at any fuch Meeting moft effectually to produce an
equal and juft Diftribution of the Men raifed by Beat of Drum
among the Parifhes, and Apportionment of Men to be raifed by
Ballot under the faid Act; and the Men entered and placed to any
Parishes under any fuch Diftribution or Apportionment fhall thence,
forth be deemed to belong to fuch Parishes, as to Relief of the Fami-
lies of fuch Men, or thereafter fupplying of any Vacancies, in like
Manner as if fuch Men had been provided as Substitutes or Volunteers
for fuch Parishes refpectively.

• II. And whereas Doubts have arisen whether the Provifions contained in any A&t for punishing Mutiny and Defertion, in relation to the enlifting of Soldiers for His Majefty's Service apply to the enlifting of Men by Beat of Drum for the Regular Militia;' Be it therefore enacted, That all the Provifions contained in any Act of Parliament in force for the Punishment of Mutiny and Desertion; and the better Payment of the Army and their Quarters, in relation to the enlifting any Men for His Majesty's Army, fhall, as far as the fame can be made applicable to the Men enlisted for the Regular Militia, be applied and ufed, and put in full force by all Juftices of the Peace and others, and all Perfons authorized to raife Men by Beat of Drum for the Militia, and preventing Frauds and abfconding by Perfons enlifted, and for the Protection of Perlons having haitily enlifted, as fully and effectually as if all fuch Provifions were repeated and re-enacted as to the railing Men by Beat of Drum for the Regular Militia.

III. And be it further enacted, That Families of all Perfons raifed by Beat of Drum and enrolled in the Regular Militia, if entitled to Relief, fhall be relieved by the Overfeers of the Poor of the Parishes where they refide at the time of the Man enlifting into the Militia, and fuch Parishes fhall be repaid the Amount of fuch Relief by the Parish to which fuch Man fhall be placed, in like Manner as any Sum given for the Relief of Families of Militia Men are repaid to Parishes having advanced the fame under any Act relating to the Militia..

IV. And be it further enacted, That all the Provifions contained Mutiny Acts re- in any Act in force for the Punishment of Mutiny or Defertion; and

lating to Appren

the

tices to extend to

Alilitia.

the better Payment of the Army and their Quarters, in relation to the enlifting of Apprentices and the elaiming Apprentices by their Mafters, and the Punishment of any Apprentices, and their Liability to Service after the Expiration of the Indentures, and all other Provifions in any fuch Act in relation to Apprentices or their Masters, fhall, from and after the paffing of this Act, extend or be conftrued to extend to all Apprentices who fhall enlift or enrol themselves as Subftitutes or Volunteers in the Regular Militia, and to the Masters of fuch Apprentices, as fully and effectually as if the fame were feverally and feparately repeated and re-enacted in this Act.

V. And be it further enacted, That this Act may be altered, Act altered, &c. varied or repealed by any Act or Acts to be paffed in this prefent

Seffion of Parliament.

CA P. XXV.

An Act to amend feveral Acts relating to the Local Militia of
Great Britain.

WHEREAS an

[18th April 1810.]

of

48 G. 3. c. 111.

HEREAS an Act paTed in the Forty eighth Year of the Reign of His prefent Majefty, intituled, An Ad for enabling His Majefly to establish a permanent Local Militia Force, under 'certain Refiridions, for the Defence of the Realm: And whereas an A&t paffed in the laft Seffion of Parliament, intituled, An Act to 49 G. 3. c. 40. ' amend and render more effectual an Act passed in the laft Seffion of Parliament, for enabling His Majefly to establish a permanent Local Militia Force, under certain Restrictions, for the Defence of the Realm:

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And whereas an A&t paffed in the Forty eighth Year of the Reign 48 G. 3. c. 156. of His prefent Majefty, intituled, An Act for enabling His Majefly to establish a permanent Local Militia Force in Scotland, under certain Refridions, for the Defence of the Realm: And whereas an A&t paffed in the laft Seffion of Parliament, intituled, An Act to amend 49 G. 3, c. 48. and render more effectual, an Act poffed in the laft Seffion of Parliament,

for enabling His Majefly to establish a permanent Local Militia Force in Scotland, under certain Refiridions, for the Defence of the Realm: And whereas another A& paffed in the laft Seffion of Parliament, intituled, An Act to amend feveral Aas paffed in the last and prefent 49 G. 8. c. 92. Seffions of Parliament, relating to the Local Militia: And whereas it is expedient that further Provifions fhould be made in relation to the 'Local Militia eftablished by the faid recited Acts;' Be it therefore 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 in every Cafe in which His Majefty, by His Secretary of State or otherwife, fhall have ordered and directed, or fhall hereafter order and direct, that the Serjeants, Corporals and Drummers of the Local Militia allowed to remain on permanent Pay, fhall be reduced in any Proportion below the Number allowed by the feveral Ads relating to the Local Militia of England and Scotland refpecvely, it fhall be lawful for the Commanding Officer of any Regiment, Battalion or Corps, with the Approbation of the Lieutenant or Vice Lieutenant, or Deputy Lieutenant acting for the Lieutenant, in cafe the Lieutenant fhall be abfent, and of His Majefty's Secretary of State, to agree with the Serjeants, Corporals or Drummers of his Regiment, Battalion or Corps, or any of them, or with any other

Perfons

In cafe of Reduction of Serjeants, &c. of

Local Militia on
permanent Pay,
Commandants of
Corps may agree

with Serjeants,
&c. to ferve
on reduced Pay.

Dath.

A.D.1810. Perfons willing to engage to ferve as fuch, to ferve as Serjeants, Corporals and Drummers upon any reduced Pay, during the Periods of the Regiment, Battalion or Corps not being embodied or affembled for Exercife, in fuch Manner as to the Number of Days' Pay to be allowed, or the Reduction of any Proportion of the Pay per Diem, as fhall be authorized by the Secretary of State in that Behalf; and every Serjeant, Corporal and Drummer, agreeing to ferve as fuch upon any fuch reduced Pay as aforefaid, fhall take the following Oath before fome Deputy Lieutenant or Juftice of the Peace of the County, or Magiftrate of the Place to the Local Militia of which he fhall belong; which Oath every fuch Deputy Lieutenant, Juftice of the Peace or Magiftrate, is hereby authorized to adminifter ; (that is to fay),

I A. B. do engage to ferve as a [Serjeant, Corporal or Drummer as the Cafe may be] in the Local Militia of

until I fhall be duly difcharged, upon the Terms of receiving during fuch Periods as fuch Local Militia fhall not be embodied or affembled for Exercife.'

And every fuch Oath fhall be reduced to Writing, and figned and attefted by the Deputy Lieutenant, Juftice of the Peace or Magiftrate adminiftering the fame, and delivered to the Commanding Of, ficer of the Regiment, Battalion or Corps, to which the Serjeant, Corporal or Drummer fhall belong, and a Duplicate thereof fhall, if required, be given to the faid Serjeant, Corporal or Drummer, and every Serjeant, Corporal and Drummer fo engaging to ferve on fuch reduced Pay as aforefaid, fhall be compellable to ferve in the Local Militia for the full Period of his Services under the Acts relating to the Local Militia, in the fame manner as if he had received the full Pay of his Rank therein, and fhall be fubject to the Provifions contained in any Act of Parliament which fha be then in force for the Punishment of Mutiny and Desertion; and for the better Payment of the Army and their Quarters, and the Articles of War made in pursuance thereof; and it fhall be lawful for any Commanding Officer of Local Militia whọ fhall engage any Serjeants, Corporals and Drummers to serve upon fuch reduced Pay, to retain fuch Number of Serjeants, Corporals or Drummers as fhall be allowed by His Majesty's Secretary of State in that Behalf, fo as that the whole Amount of fuch reduced Pay fhall not exceed the Amount of the full Pay of the Number allowed in any fuch Order of Reduction as aforefaid; any Thing in any A&t or Acts of Parliament to the contrary notwithstanding.

II. And whereas Doubts have arifen whether any Officer or Noncommiffioned Officer, or Private, in the Local Militia, can be tried or punished after the difembodying of the Regiment, Battalion or Corps of Local Militia to which he fhall belong, or the Period of training and exercising of fuch Regiment fhall have expired, or the fame thall have been difmiffed after the Suppreffion of any Riot or Tumult, for any Offence committed against any A&t in force for the Punishment of Mutiny and Defertion or Articles of War made in pursuance thereof, during the Period of fuch Regiment being embodied or affembled for training and Exercife or the Suppreffion of Riots; and it is expedient that fuch Doubt fhould be removed :' Be it therefore enacted, That every Officer, Non-commif

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