52 G.3. c. 38. 171. The churchwardens and overseers, &c. of the several Churchwardens parishes in the counties of Sussex and Kent shall for the purposes and overseers in of this act be deemed the officers of such parish, and shall be invested with the same powers and authorities, and be liable to the same pains, penalties, and forfeitures, as the constable, &c. of any as constables in parish, &c. is invested with, or subject and liable to by virtue of Sussex and Kent to have the same powers other places. Subdivision clerks, if re this act. 20. Fines for Deficiencies in Number. The proceedings for assessing and levying fines, where the full number of men required to be raised by the act, shall not have been balloted and enrolled, are directed by § 172. to 190. inclusive of the 52 G. 3. c. 38. & § 10. of the 53 G. 3. c. 28. 21. General Provisions. § 191. Every clerk of subdivision meeting shall, if required so to do by the deputy-lieutenants assembled at any general or subquired, to give division meeting, give security by bond to his majesty, with two sufficient sureties, in such sums as the deputy-lieutenants shall fix, for duly accounting for and remitting all monies paid into his hands under the provisions of this act. bond. Subdivision clerks to keep an account of fines, &c. and transmit the same to the se 192. And shall keep an account, in the form annexed, marked (H), or in such other form as may be directed by the se cretary at war, of all fines and penalties received by him, and also of all sums allowed to any individuals, counties or parishes, by rea son of any fines or penalties, or parts, being remitted under the cretary at war. provisions of the act, and the deputy-lieutenants or justices attending at the time of any such fine or penalty being imposed or remitted, or any two of them, shall certify the same to be correct, and the clerk of subdivision meetings shall verify the same upon oath, which oath any one deputy-lieutenant or justice is authorised to administer, and shall transmit to the secretary at war such account made up to the 24th of December yearly, or to such other period as the secretary at war shall direct. Subdivision clerks to transmit to secretary § 193. Every clerk of subdivision meetings shall, within seven days after the 24th of March, June, Sept. and Dec. in each year, or oftener if required, transmit an account to the secretary at war of all sums received by him and remitted to the bank of England, to the account of the agent-general verified on oath before one deputy-lieutenant or justice, in the form annexed marked verified on oath. (I), or such other form as may be prescribed by the secretary at at war accounts of money remitted to the agent-general, Penalty on per war. § 194. In all cases in which it is in this act required that any sons neglecting return or list should be made, or any notice given, or any fine to make returns or penalty, remitted by any clerk of the peace, or by any clerk and to give no- of general or subdivision meetings, or by any overseer, or by any colonel commandant or other officer of local militia, every such clerk of the peace or other person as aforesaid, who shall neglect to do so shall forfeit 201. tices, &c. § 195. Commissions in local militia not to vacate seats in parliament. § 196. Voters going to elections of members not punishable for absence. 197. Non-commissioned officers, drummers, and men, not liable to serve as peace officers. §198. Married local militia men may set up trades, &c. in any 52 G. 3. e. 38. part in Great Britain as soldiers may under 24 G. 3. c. 44. (a.) §199. No stamp duty on commissions in local militia. §200. Bills for pay and allowance for remitting money on account of local militia, to be drawn on unstamped paper. 201. Fines and penalties which shall exceed 207. [except the fine of 301. imposed by the 44th section for not appearing to be sworn and enrolled, which now by the 53 G. 3. c. 28. § 12. is to be sued for, and recovered before a justice in the same manner as fines not exceeding 201.] shall be recovered by action of debt, &c. in the courts at Westminster, &c. and fines and penalties which shall not exceed 201. shall, on proof before a justice, be levied by distress; and for want of sufficient distress such justice is required, where no particular time of commitment is directed, to commit such offender for any time not exceeding three months; and the money arising by all such fines and penalties, the application whereof is not otherwise particularly directed, shall be remitted to the agentgeneral for local militia, or to the bank of England, to be placed to his account. How penalties shall be recovered, and how applied where not otherwise directed by this act. 202. Where it is directed that any fine shall be remitted to Certificate of any subdivision clerk, or to the agent-general, or to the bank of the amount of England, any one or more deputy-lieutenants, or justices, by certain penalties whom any such fine, may have been imposed, shall within ten ted to the secredays transmit to the secretary at war a certificate of the amount tary at war. thereof, in the form of the schedule marked (G). 203. Witnesses not attending, liable to penalty of 51. 205. No order of conviction to be removed or superseded by certiorari. § 206. Actions shall be commenced within six months after the fact committed; Defendants may plead the general issue, &c. $207. Provisions relating to counties to extend to ridings, and relating to hundreds to extend to rapes, &c., powers given to constables to extend to tythingmen, &c. I Schedule A. clerk of the peace for the county of -, do hereby certify, that the officers below specified, serving in the battalion of local militia, have left with me their qualifications as directed in the 11th section of the act for amending the laws relating to the local militia. colonel. lieutenant colonel. to be transmit captains. lieutenants. ensigns. (a) This privilege is only granted to those who shall have served when this force is drawn out into actual service.-The two phrases "drawn out for training and exercise," and "drawn out into actual service," are contradistinguished throughout the act. 2 B. Form of Oath. my and in the I do make oath, that I am by trade a have been usually resident in the parish of county of ; that I am unmarried, [or, have a wife living, as the case may be]; and that I have no children, [or, not more than two children, born in wedlock]; and that I have no rupture, nor ever was troubled with fits, and am no ways disabled by lameness or otherwise, but have the perfect use of my limbs; and that I am not a seaman or seafaring man. As witness my hand at the day of one thousand eight handred and Sworn before me at —, this sand eight hundred and Witness present, SUBDIVISION of Schedule (C.) day of in the county of one thou THIS is to certify, that I [or, we, as the case may be] A. B. day of (Signed) A. B. justice. Schedule (H). ACCOUNT of penalties imposed and remitted by the Lieutenancy. Deficiency in the subdivision of in the county of being as per return herewith anmen at 1. per -on the nexed, signed by the commandant, dated the man 1. paid to the clerk of subdivision meetings for We do certify, that the above account is truly and justly stated to the best of our knowledge and belief. deputy-lieutenant. |