Page:Ruffhead - The Statutes at Large - vol 9.djvu/62

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12
C. 10.
Anno tertio Georgii III.
A.D. 1762

to be signed by by them and counter signed by the Commanding Officer, and delivered with the Ballance to the Clerk, or Receiver General.Which Account shall be signed by the said Captain, and countersigned by the Commanding Officer; and such captain shall, within ten Days after the Time of such Exercise, deliver such Account, and pay the Ballance, if there be any due, to the Regimental or Battalion Clerk ; or if Captain of an Ballance to the Clerk, Independent Company, to the Receiver General ;Accounts allowed sufficient Vouchers. and such Accounts shall be allowed as sufficient Vouchers in the Passing of the Accounts of such Receiver General at the Receipt of his Majesty's Exchequer.

During the Time the Troops are embodied, and called out into actual Service, and recive Pay as the King's other Forces, all Pay and Allowances from the Receivers General is to cease.VIII. Provided always, and be it enacted, That where any Regiment, Battalion, or Independent Company of Militia is or shall be embodied and called out into actual Service, and thereby the Officers and private Militia Men are or shall be intitled to the same Pay as the Officers and private Pay as the King's other Men in his Majesty's other Regiments of Foot receive, all Pay from the Receiver or Receivers General of the Land Tax for the County, Riding, or Place to which such Regiment, Battalion, or Independent Company of Militia shall belong, whether to the Adjutant, Serjeants, private Militia Men, or others ; and all Money allowed as aforesaid for the contingent Expences of such Regiment, Battalion, or Independent Company of Militia ; and also the Allowance to the Clerk of such Regiment or Battalion ; shall during such Time of actual Service, and until such Regiment, Battalion, or Independent Company shall be disembodied, and returned Home by Order of their Commanding Officers, cease, and not be paid.

and the Clerks of the Sub division Meetings upon producing a like Order from 1 Dep. Lieut. IX. And be it enacted, That the said Receiver or Receivers of the Land Tax shall pay to the Clerk of the General Meetings his Allowance, at the Rate of five Pounds five Shillings for each Meeting, upon his producing an Order or Orders for that Purpose from his Majesty's Lieutenant, or from three Deputy Lieutenants assembled at some General Meeting or Meetings ; Orders to discharge Receivers General. and shall also pay to each and every the Clerks of the Subdivision Meetings, their several Allowances, at the Rate of one Pound one Shilling for each Meeting, upon his or their producing an Order or Orders from one or more Deputy Lieutenant or Deputy Lieutenants assembled in the several Subdivision Meetings ; which said Order or Orders shall be to the said Receiver or Receivers General of the Land Tax, a sufficient Discharge for the Payment of such Allowances, and be allowed in his or their Account.

Regimental and Battalion clerks to give security for paying and accounting for the Monies received by them;X. Provided always, and be it enacted, That the Clerk of each Regiment or Battalion of Milita shall give Security to the Receiver or Receivers General of the Land Tax of the County, Riding, or Place to which such Regiment or Battalion shall belong, by a Bond to his Majesty, in the Penalty of one Half of the Sum required for the Whole Year's Charge of the Regiment or Battalion of Militia to which such Clerk shall belong, for duly answering and paying such Sums as he shall from time to time have received, and for duly accounting for the fame, and for Performance of the Trust hereby in him reposed; the Bonds to be lodges with the Receivers General, and put in suit by them on Nonperformance of the Condition; which said Bond shall be lodged in the Hands of the Receiver or Receivers General of the Land Tax for the respective County, Riding or Place, who, in cafe the said Regimental or Battalion Clerk shall not duly perform the Conditions comprized in the said Bond, shall and is herby required forthwith to put the said Bond in Suit, in the Name of his Majesty, his and Charges, Heirs and Successors ;and they are intituled thereupon to full costs and Charges, and 5 l. per Cent of the Money recovered; the residue to be accound for to the Auditor the full Costs and Charges of which Suit, in case Judgment shall be given against, such Regimental or Battalion Clerk, shall be paid by him to the said Receiver or Receivers General of the Land Tax, who shall likewise be intitled to, and receive to his or their own Use, at the Rate of five Pounds per Centum, out of all such Monies as shall be by him or them recovered thereon, and shall account for the Residue thereof with the proper Auditor of his Majesty's Revenue; the said Receiver or Receivers General of the Land Tax charging himself or themselves therewith upon the next Account of the Land Tax to be by him or them passed.

The Regimental and Battalion Cleak, and Captains of Independent Companies, are to deliver in Accounts of their receipts and Disbursments. XI. And be it enacted, That the Clerk of every Regiment or Battalion of Militia and the Captain of every Independent Company of Militia, in every County, Riding, and Place, within the Part of Great Britain aforesaid, shall, between the twenty-fifth Day of March and the twenty-fourth Day of June' one thousand seven hundred and sixty-four, deliver to the Receiver or Receivers General of the Land Tax for the County, Riding, or Place to which such Regiment, Battalion, or Independent Company shall belong, a fair Account in Writing of all Monies by him received and disburfed, for the Service of the preceding Year, in pursuance of this Act, with proper Vouchers for the same ; and pay over the Balance to the Receivers General; and shall pay back to the said Receiver or Receivers General of the Land Tax any Sur plus of such Monies that shall then be in his Hands ; who are to transmit the Accounts into the Auditors Office which said Accounts, signed by such Regimenta] or Battalion Clerk, or by such Captain of an Independent Company respectively, shall be transmited by the said Receiver or Receivers General of the Land Tax into the Office or Accounts into the proper Auditor of his Majesty's Revenue.

Recovery of Penalties, &c. XII. Provided always, and be it enacted, That all Penalties, all Costs and Charges of Suit, and all Sums of Money for which any Person or Persons is or are bv this Act made answerable, may and shall be recovered in any of his Majesty's Courts of Record at Westminster, by Action of Debt, Bill, Plaint, or Information, wherein no Essoin, Wager at Law, or Protection, or more than one Imparlance shall be allowed.

No fee payable for any Warrant or Sum of Money issued in pursuance of this Act.XIII. Provided always, and be it enacted, That no Fee or Gratuity whatsoever shall be given or paid for or upon account of any Warrant or Sum of Money which shall be issued in relation to, or in pursuance of this Act.
XIV. Pro–