against as they the said Justices shall think proper, such costs to be levied and recovered in the same manner as any penalties or forfeitures are recoverable under the said recited Act; and no proceeding to be had or taken in pursuance of this Act shall be quashed or vacated for want of form: Provided always, that in case there shall not be time to give such notice as aforesaid before the next sessions to be holden after such order, determination, or judgment, then and in every such case such appeal may be made to the Justices at the next following sessions, who shall proceed to determine such appeal in manner aforesaid: Provided always, that it shall not be lawful for the appellant to be heard in support of such appeal, unless such notice and statement shall have been so given as aforesaid, nor on the hearing of such appeal to go into or give evidence of any other grounds of appeal than those set forth in such statements as aforesaid.

4. And be it enacted, That in construing this Act the word Interpretation parish" shall be taken to mean and include parish, township, Clause.

tithing, rape, vill, wapentake, division, city, borough, liberty,

market town, franchise, hamlet, precinct, chapelry, or other place

or district maintaining its own highways.

5. And be it enacted, That this Act shall entend only to Extent of Act. England.

6. And be it enacted, that this Act shall continue and be in force Duration of for one year from the passing thereof, and from thence until the Act. end of the then next session of parliament.

7. And be it enacted, That this Act may be amended or repealed Amendment by any Act to be passed in this session of parliament.

CAP. LX.

An Act to alter and amend certain Acts regulating Mad-
houses in Scotland; and to provide for the Custody of
dangerous Lunatics.
[22nd June, 1841.]

CAP. LXI.

An Act to defray the charge of the pay, clothing, and contingent and other Expences of the Disembodied Militia in Great Britain and Ireland; and to grant Allowances in certain Cases to Subaltern Officers, Adjutants, Paymasters, Quartermasters, Surgeons, Assistant Surgeons, Surgeons' Mates, and Serjeant Majors of the Militia, until the First Day of July, One thousand eight hundred and forty-two.

[22nd June, 1841.] WHEREAS it is necessary that provision should be made for defraying the charge of the pay, clothing, and contingent and other expences of the regular militia, and of the miners of Cornwall and Devon, when disembodied, in Great Britain and Ireland;

of Act

and for making in certain cases allowances of reduced pay to subaltern officers and surgeons' mates and assistant surgeons of the regular militia, and of the miners of Devon and Cornwall, while disembodied; and allowances to adjutants, paymasters, surgeons, quartermasters, and serjeant majors of the regular militia who have been or may be reduced, and to adjutants, surgeons, and quartermasters disabled after long service: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present parliament assembled, and by authority of the same, that the secretary at war for the time being may and shall and he is hereby authorized, empowered, and required to cause to be issued and paid the whole sum required for the regular militia of Great Britain and Ireland (when disembodied,) in the manner and for the several uses herein-after mentioned; (that is to say,) for the pay of the said regular militia at the rates following; (that is to say,) Rates of Pay. For each adjutant, eight shillings per Diem:

Secretary at War to issue the Money required for the pay of the Regular Militia.

Rates of Pay when absent

on Furlough. Clothing.

Contingent
Fund.

For each serjeant major, having been serjeant major of a provisional
battalion of militia, two shillings and sixpence per Diem :
For each serjeant major, where one is appointed in corps con-
sisting of two or more companies, one shilling and ten-pence
per Diem:

Diem:

For each serjeant having been a colour serjeant in one of the pro-
visional battalions of militia, two shillings per Diem:
For each serjeant, one shilling and sixpence per
Provided always, that when any serjeant major or serjeant shall be
absent or furlough or licence he shall during such absence receive
sixpence per Diem less than the above-mentioned rates respectively:
And also for the clothing of the regular militia (when disembodied)
in cases in which full clothing shall be provided by the colonel or
commandant, at the rate of five pounds twelve shillings and one
penny for each serjeant major, and three pounds for each serjeant;
and so in proportion, in the cases in which only part of the clothing
shall be provided by the colonel or commandant, together with the
actual expence of package and carriage, and such charges for
altering and fitting the clothing as shall have been sanctioned by
the secretary at war: Provided always, that such serjeant majors
and serjeants as were serving on the disembodied staff on the first
day of June one thousand eight hundred and twenty-nine, and
shall be resident at head quarters, shall be entitled to be clothed
once in two years; and that such as shall have been subsequently
appointed to serve or promoted on the disembodied staff shall be
entitled to be clothed once in four years:

And also at the rate of sixpence per Annum for each private man
for defraying the contingent expences of each regiment, battalion,
or corps.

Adjutant, &c. 2. And be it enacted, That every adjutant and non-commisto reside where sioned officer on the staff of the regular militia, when disembodied, the Arms of shall be constantly resident within the city, town, or place where

the depôt of the corps to which they belong may be ordered to the Corps are be stationed, or within such reasonable distance of the depôt as kept. shall be sanctioned by the secretary at war: Provided always, that every such adjutant and non-commissioned officer shall forfeit his pay for any period during which he shall be absent, except when absent by leave from the colonel or commandant of the regiment, battalion, or corps, which leave shall not, except in case of certified sickness, extend beyond three calendar months in one year, nor to a greater proportion than one third of the non-commissioned officers at the same time.

necessary

an Order signed by the

3. And be it enacted, That the adjutant of each regiment of Adjutant to militia shall have the charge and care of the arms, accoutrements, have Charge of great coats, clothing, necessaries, and other stores thereof, under the Arms and the superintendence of the colonel or commandant; and shall, to issue the Clothing, and out of the allowance of sixpence per Annum for each private man, Money for directed by this Act to be issued and paid for defraying the contin- contingent gent expences of such regiment, battalion, or corps, from time expences on to time issue and pay such sums of money as may be for the repair of arms, and other usual contingent expences, Colonel. upon an order in writing signed by the colonel or other com- Balance to mandant; and after payment of such sums as aforesaid he shall form a Stock three times in the year make up accounts of all such money, and Purse. of the expenditure thereof, showing the balance remaining in his hands, (which said balance shall form a stock purse for the use of the regiment, battalion, or corps,) and shall transmit the same to the colonel or other commandant of such regiment, battalion, or corps, to be by him examined, allowed, and signed; and the said accounts so allowed and signed shall be and are hereby directed to be the proper vouchers and acquittal of such adjutant for the application and disposal of such money.

the Command

4. And be it enacted, That in the occasional and unavoidable In Absence of absence of the adjutant from the city, town, or place where the the Adjutant, disembodied staff is quartered, or during any vacancy in the the Serjeants appointment of adjutant, the serjeants shall be under the command to be under of the serjeant major, or of some serjeant who shall be appointed of the Serjeant by the said adjutant, with the approbation of the colonel or other Major. commanding officer, to act as serjeant major during the absence of such adjutant; and the said serjeant major or acting serjeant major shall render the same returns and perform such other Acts as are by law required from the adjutant.

5. And be it enacted, That the officers and non-commissioned Militia when officers, drummers, and private men of the regular militia shall, called out for for the period or periods during which they shall be called out for Training or Exercise enthe purpose of exercise or training, be entitled to the same pay and titled to Pay. allowances as the officers, non-commissioned officers, drummers and private men of the militia when embodied.

6. And whereas it is expedient to grant allowances to certain Allowances to officers of the said militia forces of Great Britain and Ireland, Subalterns and Surgeons' while disembodied, under certain regulations; be it enacted, That Mates and the following allowances shall be made and paid, to the amount, Assistant

Surgeons.

Rank of cer

under the restrictions, and in the manner herein-after expressed,
to every subaltern officer and surgeon's mate in Great Britain,
and to every subaltern officer and assistant surgeon in Ireland,
who held a commission in the militia of Great Britain or Ireland,
and was serving therein, when the corps was last disembodied, and
also to every supernumerary subaltern officer and assistant surgeon
of any regiment of militia in Ireland which was augmented during
the war, and which has been reduced to its original establishment;
(that is to say,)

To a lieutenant, two shillings and sixpence per Diem:
To an ensign, two shillings per Diem:

And to a surgeon's mate or assistant surgeon, two shillings and
sixpence per Diem:

Provided always, that for the purposes of this Act all officers of tain Officers. the militia serving with the rank of captain lieutenants shall be deemed to be lieutenants, and all officers serving with the rank of second lieutenant shall be deemed to be ensigns; and that the supernumerary subalterns and assistant surgeons of regiments of militia in Ireland as aforesaid shall be deemed to have belonged to such regiments when they were last disembodied, and to have continued to serve therein from that time.

Certain Persons not entitled to Allowances.

A Declaration

&c. to such Allowances.

7. Provided also, and be it enacted, That no person who is or shall during the continuance of this Act become possessed of such an estate or income as would by law qualify him to hold the commission of captain of a company in the said militia, or who is or shall be appointed adjutant in any regiment, battalion, or corps of militia, nor any officer on full pay of the navy, army, or marines, shall have or be in any way entitled to the said allowances, or any part or share thereof; any thing herein contained to the contrary thereof in anywise notwithstanding.

8. And be it enacted, That the subaltern officers, surgeon's to be taken to mates, and assistant surgeons of the militia, who shall claim under entitle Officers, the authority of this Act to receive any part of the said allowances, shall, previous to receiving the same, and in order to entitle themselves thereto, take and subscribe a declaration before some one of Her Majesty's Justices of the Peace of the united kingdom, or before some one of Her Majesty's ministers, secretaries of embassy, of legation, or consuls abroad, in the words or to the effect following; (videlicet,)

Form of
Declaration.

'I A. B. do solemnly and sincerely declare, That I belong to the
of militia when the same was disembodied, and that
'I have continued to serve therein from that time until the
Day of
inclusive, as a [Lieutenant, ensign,
surgeon's mate, or assistant surgeon, as the Case may be;]
and that I was not in my own right, or in the right of my wife,
during any part of the period for which I now claim to receive
'my allowance, that is to say, from the
to the
Day of

Day of

both inclusive, in the actual

'possession and enjoyment or receipt of the rents and profits of
'lands, tenements, or hereditaments of such an annual value
'above reprises as would qualify me to hold a commission of
'captain of a company in the militia; that I was not in Holy
'orders; that I have not during the above period held the appoint-
'ment of adjutant, surgeon, paymaster, or quartermaster, in any
' regiment, battalion, or corps of militia; that I did not hold
or enjoy, nor did any person for me hold or enjoy, during the
'said period, any place, office, or employment of profit, civil or
military, under the crown or any other government, besides the
allowance of
a day now claimed, except my half pay
[of the army or navy or marines or of a provisional
'battalion formed from the militia, as the Case may be,] and any
pay and allowances from the
both days
'inclusive, during which period the corps was assembled for
'training and excercise.'

as a

to the

Which declaration, so taken and subscribed, shall be produced to the paymaster general of Her Majesty's forces by the subaltern officer, surgeon's mate, or assistant surgeon claiming the allowance.

9. And be it enacted, That the allowances granted to certain Allowances to paymasters, surgeons, and quartermasters of the militia of Great Officers reduced in 1829. Britian and Ireland on their being reduced in pursuance of an Act passed in the tenth year of the reign of His Majesty King George the fourth, shall be issued and paid under the restrictions and in the manner herein-after expressed during the continuance of this Act, and that it shall be lawful for the secretary at war to place any such paymaster, surgeon, or quartermaster, when unfit for further duty, upon a retired allowance equal to and in lieu of his reduced allowance.

Officers claiming the said Allowances.

10. And be it enacted, That every paymaster, surgeon, and A Declaration quartermaster of militia, who shall claim under the authority of to be taken by this Act to receive any part of the said allowances, shall, previous to receiving the same, and in order to entitle himself thereto, take and subscribe a declaration before some one of Her Majesty's Justices of the Peace in the united kingdom, or before some one of Her Majesty's ministers, secretaries of embassy or of legation, or consuls abroad, in the words or to the effect following; (that is to say,)

:

'I A. B. do solemnly and sincerely declare, That I was serving as Form of 'paymaster, surgeon, or quartermaster, [as the Case may be,] in Declaration. the of militia at the reduction of the staff of the said 'militia in one thousand eight hundred and twenty-nine and 'that I was not in holy orders during any part of the period for 'which I now claim to receive an allowance, (that is to say, 'from the one thousand eight hundred day of one thousand eight ; and that I did not hold or enjoy, nor 'did any person for me hold or enjoy, during any part of the said

and

'hundred and

to the

day of