an articled clerk is protected, an attorney is not; and if the deputy lieutenants and juftices at any fubdivifion meeting receive information, or fufpect, that any perfon inferted in any lift defcribed as an apprentice, has been fraudulently bound in order to avoid ferving, they may inquire into fuch binding, and fummon witneffes, and examine them on oath and if fuch fraud appears, they may appoint the perfon to serve immediately if there be a vacancy; if not, then on the first vacancy that fhall happen: and the perfon to whom the apprentice was fraudulently bound, forfeits 10/ SWEARING AND ENROLLING. At the meeting appointed for the purpofe of fwearing and enrolling militia-men, the conftables attend and fwear to the fervice of notices, and the individuals chofen by ballot must appear. The parties are examined on oath, as to their families, refidence, age, and ftate of health, to which laft they are alfo corporally examined by fkilful furgeons attending for the purpofe. The militia man, if approved, takes an oath that he will ferve faithfully, and his name is written in a roll provided for the purpose, the term of his fervice being five years. If the perfons ballotted refuse to appear, they incur a penalty of 10l. and are liable to ferve again at the expiration of five years. Perfons refufing to be examined as to their fitnefs to ferve, may be imprifoned a week, and still are liable. SUBSTITUTES. If any perfon chofen by fot, fhall produce for his fubftitute, a man of the fame county or riding, or of fome adjoining county or riding, able and fit for fervice, who fhall have not more than one child born in wedlock, and who fhall be examined and approved, fuch fubftitute fhall be enrolled to ferve for five years; and alfo for fuch further time as the militia fhall remain embodied, if within the space of five years his majefty fhall order fuch militia to be drawn out and embodied. The fubftitute undergoes the fame examinations, and takes the fame oath as the ballotted man; but he must be at least five feet two inches in height, and not a seaman or seazaring man. If a fubftitute, after receiving any portion of his money, refuses to appear and be fworn, he must return the money, with a penal addition not exceeding 40s. nor less than 20s. or be committed for fourteen days to the house of correction. When substitutes are engaged, if the militia is not embodied, two deputy lieutenants or one juftice may order the money agreed for to be paid to the fubftitute; but if the militia is embodied, a fum not exceeding one half is to be paid to the fubftitute; the refidue to the clerk of the fubdivifion meeting, to be by him forwarded to the paymafter or regimental clerk, who will pay it to the fubftitute on his joining the regi ment: ment and if the fubdivifion clerk neglects to remit it for one week, he is to forfeit 201. for every offence. If a Quaker is ballotted, and refuses to serve or to find a subftitute, two deputy lieutenants may provide one on as reafonable terms as poffible, and defray the expence by a diftrefs on his effects; but if he fhall not have fufficient goods to diftrain, and yet be able to pay 10/. he is to be committed to the common jail for three months; and if Quakers refuse to pay a parochial rate for finding fubftitutes, a distress may be levied, and the juftices may allow cofts. Servants enrolled in the militia do not vacate their contracts unless embodied, and then are to receive their wages up to the day. Any high conftable, or chief or other conftable, or any adjutant, quarter mafter, or ferjeant in the militia, infuring or taking any money for the infurance of, or being in any way concerned in any company, fociety, partnership, or office for the infurance of perfons, for the providing fubftitutes or volunteers, or for the paying or returning any money for the providing fubftitutes or volunteers in the militia, for any perfon ballotted, forfeits 50l. CLASSES. The deputy lieutenants in their feveral fubdivifions, as foon as they fhal! have enrolled the number of men required, divide them into the following claffes, viz. in the firft clafs, all the men under thirty years of age, and having no child living ; in the fecond, all the men above thirty, having no child living; in the third, all the men not having any child living under the age of fourteen years; in the fourth clafs, all the men having only one child under fourteen years; and in the last class, all the men not included in any of the former defcriptions. They then make out a lift of fuch claffes, and within three days, the clerk of fuch fubdivifion muft tranfmit to the clerk of the general meetings a true copy, to be entered in a book kept for the purpose. REGULARS ENTERING. For preventing the men enrolled in militia regiments from inlifting in other forces, it is enacted, that no recruiting officer fhall knowingly receive them; but if by false statements any man procures himself to be received, he is to be committed to jail for fix months, then to return to his militia regimeut, and after his term of fervice there is ex-. pired, to be paffed over to that in which he had fo fraudulently entered. If any perfon ferving in the regulars offers himself as a substitute in the militia, he forfeits 10/. or is to be imprifoned, not exceeding three months. Any perfon ordering another to beat up for volunteers to ferve in the militia forfeits 201.; and if the ferjeant or drummer refufes to declare who gave him his orders, he is to be imprisoned, not exceeding three months. SEAMEN. And as, at the beginning of a war, it may probably happen that many perfons ferving in the militia may be feamen, it is provided that if they will agree to enter the royal navy they may be difcharged from their regiments, and be delivered over to naval officers; but fuch change must not be made fo precipitately as to diminish the ranks of the regiment in a greater proportion than one in ten. For every man fo changing his fervice, the commanding officer is entitled to demand from the receiver of the land-tax of his county in England, or the receiver general in Scotland, ten guineas, to be applied toward providing a fubftitute; and when he thus obtains new men, he is to continue difcharging all feamen defirous of . ferving in the navy, and fupplying their places by new drafts for money, and new bounties to fubftitutes. If militia-men happen to be ferving in the navy, they are not to be discharged, but their place is to be fupplied by fubftitutes. Militia-men entering into the navy and deferting, or failors not duly dif charged entering into the militia, are to be apprehended and lodged in the common jail, and dealt with as deferters; perfons apprehending them are entitled to twenty fhillings to be paid on a justice's warrant by the collectors of land-tax within the parish; and perfons harbouring them forfeit ol. or on failure of payment, are imprifoned three months. OF FORMING REGIMENTS AND APPOINTING OFFICERS. The militia of the several counties, ridings, and places, are formed into companies, confifting of not more than 120, nor of lefs than 60 privates. To cach company there are one captain, one lieutenant, and one enfign; and where the number of men raised for any county, riding, or place, is fufficient, the militia is formed into one or more regiments, confifting of not more than twelve, nor of lefs than eight fuch companies; and where the number is not fuflicient to form a regiment, it is formed into a battalion, confifting of not more than feven nor leís than four companies; and where the number is not fufficient to form a battalion, it makes a corps of not lefs than three companics. The field officers of thefe regiments, battalions, and corps, muft in no cafe exceed the refpeclive numbers and ranks following; that is to fay, in every regiment of not less than 800 privates, one colonel, one lieutenant colonel, and two majors; in every regiment of not lefs than 480 privates, one lieutenant colonel and one major; and in every corps confifting of three companies, one lieutenant colonel or major, and no other field officer; but no colonel, or field officer in the militia can be a captain of a company. Every battalion of five compa nies or upwards may have one company of grenadiers or light infantry, to which two lieutenants are appointed inftead of one lieutenant and one enfign; and every fuch regiment may have one company of grenadiers, and one of light infantry, to each of which companies two lieutenants fhall be appointed instead of one lieutenant and one enfign. The King may, if he thinks fit, direct that any proportion of the militia fhall be trained and exercifed to the fervice of the artillery attached to any regiment or battalion, and that a fupernumerary officer or officers of the regiment or battalion, of fuch rank as he fhall order, and being duly qualified, fhall be appointed to and for the men fo directed to be trained and exercifed. The law alfo provides for the formation of independent companies, and for the proportion of officers to be appointed where the number of militia is not fufficient to form a regiment: that is, when there are enough to form a battalion of lefs than 480, but not less than 360 men, the lord lieutenant may appoint a colonel, lieutenant colonel, and major, but with no higher pay than if they were appointed lieutenant colonel, major, and captain refpectively. And where the number is fufficient to form three, but not four companies, of 60 privates at the leaft, he may appoint two perfons with the rank of lieutenant colonel and major, but only one of them fhall be entitled to any higher pay than that of captain. And where the number is not fufficient to form more than two companies of 60 privates at leaft, the eldeft captain fhall ferve with the rank of major, but fhall only be entitled to the pay of captain. The king may alfo, if neceffary, augment the number of officers, but the additional field officers must not exceed the following proportions: to a regiment of at leaft 1000 rank and file, one colonel, two lieutenant colonels, and two majors to a regiment or battalion of 750 rank and file, one colonel, one lieutenant colonel, and two majors. And no field officer fhould be added to any corps confifting of lefs than 750 rank and file, except in temporary cafes, If officers duly qualified as to property cannot be found, his majesty may, after two months from the militia being embodied, appoint officers of the army or marines, whether on full or half pay, to militia regiments, although they may not be qualified; but fuch officers muit have no higher rank than they held in the regulars, nor can the lords lieutenants promote them beyond the rank of captains. Alfo if perfons duly qualified cannot be found within the proper limits to accept commiffions, the lord lieutenant, with his majesty's approbation, may ap Point point others duly qualified from any part of England or Wales. Officers rank according to the date of their commiffions. In certain cafes of non-appointment of a commanding officer, the lord licutenant may lead the militia of his own county or place; or if the commanding officer is abfent from England, the next in rank takes the command, until the proper officer notifies his return to the clerk of the peace. SUBALTERNS AND NON COMMISSIONED OFFICERS. The king may appoint a perfon, who has ferved in the regulars or in the militia, for at least five years, to be an adjutant in each regiment, battalion, or corps. The adjutant, if appointed of the king's other forces, fhall, during his fervice in the militia, preferve his rank in the army; and although not qualified as to property, he may have the rank of captain, but not precede or command any captain in the militia. He must never be absent from the town or place to which his militia regiment belongs without leave, for more than three months in one year, except in cafe of ficknefs; and during his abfence, the ferjeants, corporals, and drummers are to be under the cominand of the battalion clerk, if a commiffioned officer, or of the ferjeant major, or fome other ferjeant appointed for that purpose by the adjutant, with the commanding officer's approbation, or of the fenior ferjeant, in cafe the corps has no adjutant or ferjeant major. SECOND ADJUTANT. In all cafes where it may be found neceffary to appoint a second adjutant, the lord lieutenant may grant him (unless the king disapprove of it) the rank of lieutenant by brevet. SERJEANTS AND OTHERS. All ferjeants, corporals, and drummers must conftantly be refident within the city, town, or place, where the arms are kept, and be under the command of the adjutant, or, in his abfence, of his fubstitutes as already mentioned; the adjutant or deputy makes monthly returns of the true ftate of the ferjeants, corporals, and drummers, to the fecretary of state, the lieutenant of the county, and the colonel or other commandant of the corps, or in default is fubject to punishment by a court martial. No ferjeant, corporal, or drummer is to be abfent without a regular furlough or licence in writing, figned by his colonel or other.commandant; and during fuch abfence they receive the pay following; ferjeant, one fhilling; corporal, eightpence, and drummer fixpence per day. Thefe officers are appointed in the following proportions, when not in actual fervice; one ferjeant and one corporal to every 20 privates; and when drawn out, an addition is made, fo that there is one ferjeant and one corporal to every 20 privates; and when not in actual fervice, there |