[But by 51 Geo. III. c. 20. s. 20., no allowances shall be Limited to made to the families of any but those who are balloted.] balloted men. Sect. 3. The justices at Michaelmas quarter sessions Justices to reshall regulate such allowance. gulate allow ance. be paid during service only; not where wife Sect. 4. The allowance shall only be paid during the Allowance to time the person shall actually serve; it shall not where the wife follows the regiment, or departs from home, without a certificate of some neighbouring justice, or the overseers, for the purpose therein specified. follows the regiment. [By 53 Geo. III. c.81. s.1., but such family shall, when After return such wife shall return home, be entitled to receive such home. relief as otherwise they would have been entitled to.] Sect. 5. No allowance shall be made to the family of a No allowance substitute, hired man, or volunteer, who, at the time of en- to substitute, &c. giving rolment, falsely represented that he had no wife or family; false account or having more children, that he had but one; but a justice of his family. may order an allowance to the wife and one child, if the party undertake to provide for the others. Sect. 6. Nor shall allowance be paid to the family of any non-commissioned officer or drummer reduced to the ranks for misconduct, such misconduct being certified, as the act directs, to the treasurer of the county in the militia of which such person shall serve, and by such treasurer to the overseers where the family dwell, and such family shall then be relieved as casual poor. Nor to family of non-com missioned offi cer, &c. re duced. Sect.7. No allowance shall be paid to the family of any Marryingwithhired man, volunteer, or substitute, who shall marry during out consent. the time of actual service without the consent of the com manding officer under hand. Sect. 8. No families shall by receiving such allowances Families rebe liable to be sent to any workhouse, or be removable, lieved shall nor shall the persons to whose families such allowances are workhouse. paid, be deprived thereby of their settlements elsewhere, or of their right of voting for members of parliament. Sums how to be repaid to Overseers. What propor tion to be paid by a place not contributing to county rates. Treasurers to pay, &c. Disputes how settled. Justices to appoint a treasurer. Parish supporting family to be repaid by the parish for which the party serves. Sect. 9. The sums advanced to the families of non-commissioned officers or drummers, shall be repaid to the overseers by the treasurer out of the county stock; and if a family is relieved in any other county than that for which the party is serving, the treasurer transmitting an account signed by a justice, shall by sect. 16. be repaid by the treasurer of the county for which the person serves; or if a family of a private man is relieved in a parish other than by that for which he serves, such sums shall be reimbursed as hereinafter mentioned. (1) Sect.10. Any place not contributing to the county rates shall pay towards the relief of the families of non-commissioned officers and drummers, such proportion as the number of men to be raised by such place bears to those to be raised by such county. Sect.11. The treasurers of such counties and places shall demand, and receive, and pay such sums. Sect. 12. The lord lieutenant, or his deputy lieutenants, of the county at large, shall settle any dispute respecting such proportions, and for this purpose may call for and inspect the treasurer's accounts. Sect.13. provides, that in places not contributing to the county rates where no treasurer exists, the justices of such places, or the justices of the county in general quarter sessions, shall appoint a treasurer, and shall assess and cause to be paid out of the poor's rate, such sums as are necessary for the purposes of this act, and such treasurer shall receive and pay the same. Sect. 14. The justices ordering relief to the family of any private man by any other parish than that for which such private man serves, shall certify the same under hand, and direct the parish for which the party serves to repay any sums so advanced. (1) Sect. 15. & 17. post, p. 451. parishes are in different coun ties. How one trea And by sect.15. where the two parishes are in different Where two counties, and the distance of the two places is great, the overseers making the advance shall be repaid by the treasurer of the county, who shall by sect. 16. on delivering an account signed by one or more justices of the county, where the family dwells, be repaid by the treasurer of that county another. for which the party is serving. Sect. 17. The treasurer who repays any treasurer of another county shall deliver the account to the justices at quarter sessions, who shall allow it, and forthwith make order upon the overseers of the respective parishes for which such private man shall serve, to repay such sums to the treasurer out of the poor's rate within fourteen days. Sect.18. relates to the payment of allowances in Exeter. Sect.19. relates to Bristol. Sect. 20. relates to Plymouth. surer to be repaid by Justices to amount, and to make order on the parishes. allow the How allow ances to be repaid in Exeter, Bristol, Plymouth. Sect. 21. The accounts of all allowances under this act Accounts of allowances in respect of which any reimbursement is directed, shall be when to be made up at the end of every successive six months, or made and signed. shorter period, from the time of the first payment thereof, and shall be signed by the justices granting certificates for such reimbursement, or some other justice, within one month after the accounts shall so be made up; and the money shall Money when to be demandbe demanded of the overseers or treasurers liable to reimburse the same so soon as can be done, and no such sum shall be demandable, unless certified within one month, and delivered within three months after such certifying to the overseer or treasurer by whom the same is to be paid. [By 53 Geo. III. c.81. s.10., where any account is transmitted by one treasurer to another, duly certified, and no objection be made thereto within thirteen months, the money shall be paid within two months afterwards, under the penalty of 50%.] ed. Sect. 22. authorizes the overseers of the parish for which Parish may a person serves, or where his family resides, in case he stitute. Payments to be allowed in overseers' accounts. Penalty. Act to extend to hamlets, vills, &c. Adjutants to return month has a wife, and more than three children chargeable, to provide a substitute for such person, who shall be discharged between the 1st of November and 25th of March, and at no other time; the pay of the substitute shall commence after such discharge. Sect. 23. All payments made by overseers in pursuance of any order or certificate of any justice under this act, shall be allowed, and passed in their accounts as other expences on account of the militia act; and in default of payment, such overseer, being convicted thereof, shall forfeit 57., to be levied by distress and sale under warrant of a justice, one half to the informer, the other to the poor of the parish, to which the sum ought to have been paid. Sect. 24. the provisions of this act relating to allowances and reimbursements shall extend to all hamlets, vills, and places having separate overseers of the poor, and to all places united for the purposes of balloting for militia men ; and where parishes are united, or a parish contains any townships maintaining their poor separately, the justices shall ascertain, as therein directed, the proportion to be contributed by such townships or united parishes to the relief of the family of the person who serves for such united parishes. Sect. 25. The adjutant, or serjeant-major, shall, within ly deaths, proseven days of the 24th day of every month during the term motions, &c. the militia is embodied and in actual service, return a list to clerks of subdivisions of of promotions, deaths, and desertions of private men serving counties. Appeal. Recompence to treasurers. for the subdivisions of the county, to the clerks thereof, and the clerks shall, within fourteen days, transmit such returns to the overseers of the respective parishes, &c. for which such private man shall serve. Sect. 26. gives an appeal against an order of payment of money to the next quarter sessions. Sect. 27. Quarter sessions may order recompence to the treasurer of any county for extraordinary trouble under this act. The 49 Geo. III. c. 86., repealing 43 Geo. III. c. 142. and Ireland. 44 Geo. III. c. 34., provides for the relief of the families of militia in Ireland. The 49 Geo.III. c.90., repealing 43Geo. III. c. 89. except Scotland. sections 21. and 22., provides for the relief of the wives and families of militia men in Scotland. "The 51 Geo. III. c.118. authorising the interchange of the militia of Great Britain and Ireland, extends by sect. 5. the provisions of 43 Geo. III. c. 47., and 49 Geo.III. chapters 86. and 90., for the families of balloted men, to the families of persons balloted and serving in the militias of England, Ireland, and Scotland, under this or any future act. The following cases have been decided on the 19 Geo. III. c.72., and 34 Geo. III. c. 47., which are now repealed; but as they would be authorities in similar cases which may arise on 43 Geo. III. c.47., which is made in pari materia, it has been deemed advisable to retain them. 19 Geo. III. an order to main tain the family of a substitute and that upon in the militia, the parish for which he serves, to re imburse this should be made maintenance, The defendants were indicted for not obeying an order Under of a justice of peace, made under the 19 Geo. III. c.72., directing the defendants, overseers of St. John, in the town and county of Bedford, to reimburse a sum of money advanced by the overseers of the parish of Meppershall, in the same county, to the family of a substitute in the militia of the said county, for an inhabitant of the parish of St. John; and which family, at the date of the order, dwelt in the parish of Meppershall. The defendants being found guilty, it was moved in arrest of judgment, 1st, That the by the same indictment did not set out any order of maintenance pre- the same time. justice and at vious to the order of reimbursement, without which first An indictment order there could be no legal foundation for the last order. for disobeying 2d, That the order was retrospective, being for the payment of a sum supposed to have occurred under an order of maintenance made long before; whereas the act directs, that the order shall be made at the same time with the terms, to the order of mainorder of relief or maintenance; and that it was for a gross tenance. the order to reimburse must either set forth, or refer in general |