33d GEO. III. No. 485. A. D. 1793. 1 and when fixed Inhabi or Dock-yard, LXIII. And be it enacted and ordained by the Authority afore- In Alarms, said, That, in all Times of General Alarm, by Night or by Day, Martial Law and at any other Time, when Martial Law shall be in force over all is in force over the fixed resident Inhabitants of this Island; all Strangers and tran- tants; Stransient Persons being thereon, or on any of the Islands adjacent and gers not belonging to thereunto belonging, or within any of the Ports, Roads, or Har- Navy, Army, bours thereof, and not belonging to His Majesty's Navy, or Army, to be liable to or Dock-yard at English Harbour, shall also, and are hereby declared Martial Law. to be subject to the same Law: and all such Strangers and transient Persons, being Masters, Mates, or other Officers or Mariners, of Masters and any Ships not being fit to go to Sea, shall appear and do Duty, repair to upon such Occasions, at the Fort nearest to the Place where the Vessels they belong to shall happen to be; and all such other act in Militia. Strangers and transient Persons, shall appear and do Duty in any of the Corps of Militia, under the Pains and Penalties of Martial Law. Fine or LXIV. And be it enacted and ordained by the Authority aforesaid, That it shall and may be lawful for any Person, to whom any Warrant shall be directed, by virtue of this Act, to levy any Forfeiture hereby imposed, and of which his Fines and Charges are not already fixed and settled ;-to retain to himself, out of the Sum levied, at and after the Rate of eight per Centum for his Trouble in the same, together with all such other reasonable Charges as shall be allowed and certified, by the Person by whom the Warrant shall be issued. Mariners to Forts; other Strangers to S. 43. 44. 45. See No. 208, Justice of shal, failing to execute Act; Currency Information of Action. Peace, or Mar to forfeit 1007. recoverable by LXV. And be it enacted and ordained by the Authority aforesaid, That if any Justice of the Peace, or Provost Marshal, or his Deputy, shall refuse, neglect, or wilfully delay, upon Application to him or them respectively made, to do any Thing required of them by virtue of this Law; such Justice of the Peace, or Provostmarshal, or his Deputy, shall forfeit and pay the Sum of one hundred Pounds, current Gold and Silver Money; to be recovered in any Court of Record in this Island, by Bill, Plaint, Information, or Action of Debt, wherein no Essoin, Protection, or Wager of Law, shall be allowed; one Moiety whereof shall go to the Use of the Person who shall sue for the same, and the other Moiety shall be paid into the Treasury of this Island, and applied towards the defraying the Expenses of the Militia thereof; and if any Constable shall refuse or neglect, or wilfully delay to do any Thing required of him ing in Duty, by virtue of this Law, such Constable so offending, being thereof to be applied convicted upon Oath, before one or more Justice or Justices of the as preceding Peace, Half to Perhalf to Treasury towards son suing; Militia. Constable fail to forfeit 10!. Penalty. 33d GEO. III. covered by Distress; if Distress in sufficient, of Peace, shall forfeit and pay for every such Offence, the Sum of ten Pounds, current Gold and Silver Money, to be paid into the TreaIf Penalty not sury of this Island, and applied as above; and if such offending paid, to be re- Constable shall not immediately pay such Penalty, the same shall be levied by Distress and Sale of his Goods and Chattels, by Warrant under the Hand and Seal, or Hands and Seals of such Justice or Justices, directed to any other Constable, rendering the Overplus (if any) on Demand, after deducting the Charges of such Distress and Sale, to such Offender, upon whom such Distress shall have been made, as aforesaid; and for want of sufficient Distress, such Justice, or Justices, shall commit such offending Constable to the Common Jail, there to remain until the said Penalty shall be paid. fender to be imprisoned. Act a Public Party sued for executing Act, may Issue. LXVI. And be it enacted and ordained by the Authority aforesaid, That this Act shall be deemed a Public Act, and all Judges, Justices, and Juries, are hereby required to take Notice thereof accordingly; and that if any Person or Persons shall be, at any time or times hereafter, sued, by any Person or Persons, for any Thing General done by him or them, in pursuance thereof, he or they shall, and may plead the General Issue, and give this Act in Evidence for his, or their Defence; and in case such Action shall be found against the Plaintiff, or if the Plaintiff shall be barred, become non-suited, or discontinue his Suit, such Plaintiff shall pay double Costs. Plaintiff, to pay double Costs. Treasurer to get 50 Copies of Act and Appendix printed; to be distributed as in Clause. LXVII. And be it enacted and ordained by the Authority aforesaid, That the Treasurer of this Island, or his lawful Deputy, as soon after the Publication of this Act as may be, shall get fifty Copies of the same, together with the Proceedings of the Council of War, to be held by virtue thereof, printed in a small pocket Size, at the public Expense; to be distributed to the Captain-General, and Lieutenant-General of the Leeward Islands, the LieutenantGovernor, and President of the Council of this Island, to the Members of the said Council, and to the Members of the Assembly, to the Field-officers, and Adjutants of all the Corps of Militia, and the Judge Advocate of the same, or his Deputy: And the Comofficer to have manding-officer of each Corps of Militia, is hereby required to cause the same to be publicly read at the head of his Corps, on the on Receipt of first monthly-Field-day which shall happen next after he shall receive one of the said printed Copies. Commanding Act read at head of Corps, Copy. Treasurer to retain 2. 10s. per Cent, on Money re ceived, for his additional Trouble. LXVIII. And be it further enacted and ordained by the Authority aforesaid, That it shall and may be lawful, for the said Treasurer to take, and retain to and for his own Use, as a Recompense for the additional Trouble created to him by this Act, at and after the Rate of 33d GEO. III. No. 485. A. D. 1793. of two Pounds and ten Shillings per Centum, for all and every Sum and Sums of Money, received according to the Directions of this Act. Act in force by for one Year, No. 594, S. 1. LXIX. And be it enacted and ordained by the Authority aforesaid, That this Act, shall continue and be in force for three Years, from the Publication thereof; and from thence to the next Meet- from 16th ing of the Council and Assembly. Dated at Antigua, this thirtieth Day of March, in the Year of our Lord one thousand seven hundred and ninety-three, and of His Majesty's Reign the thirty-third. THOMAS FREEMAN, Speaker. Passed the Assembly, this twenty-sixth Day of March, one thousand seven hundred and ninety-three. ANTHONY BROWN, Clerk of the Assembly. Passed the Council, this twen- By Command, June, 1803, ANTIGUA. Published this first Day of April, one thousand seven hundred and ninety-three. ROBERT CLOGSTOUN, Dep. Pro. Marshal. APPENDIX APPENDIX to No. 485. The PROCEEDINGS of a COUNCIL OF WAR, ASSEMBLED IN PURSUANCE OF THE PRECEDING ACT. ANTIGUA. At a Council of War held at the Court-House in the Town of St. John, on Thursday the 18th of April, 1793. Present, The Honourable EDWARD BYAM, Esq. President of His Majesty's Council, and Commander in Chief for the time being; HIS Honour the President informed the Board that the Militia Law lately passed, having been published on the first day of April, he had in pursuance of the sixth Clause thereof, directed a Council of War to be summoned, to consider of such Matters, and to make such Orders as are required by that Law to be made by a Council of War, within a Month after such Publication, and it was thereupon [I.] Ordered, That the sixth Clause of an Act, intituled, An Act to alter, revive, and amend an Act, intituled, An Act to alter and amend an Act, intituled, An Act for regulating the Militia of this Island, and for the further Regulation of the said Militia, and fixing and appointing the Time when Martial Law shall be in force in this Island, and declaring and establishing Rules and Articles of War, for the better Government 33d GEO. III. No. 485. A. D. 1793. Government of the said Militia at those Times, be now read; which being done, it was [II.] Ordered, That the MILITIA of this Island when under UNIFORMS. Arms, do appear in the Uniforms herein-after described, and that every Red Regiment. That the Uniform of the Red Regiment be as follows, videlicet: Red Regi Commissioned-officers. Coats to be made of scarlet Cloth, with Lappels to the Waist, round Cuffs, and turn-down Capes; the Lappels, Cuffs and Capes, to be of black Velvet two Inches broad. The Buttons to be doublegilt and plain, except a Figure (1) raised in the Center. The Lining to be white Linen. Four Buttons on the Cuffs. Cross Pockets, with four Buttons to each. A Gold Epaulette on the right Shoulder.. White Waistcoats and Breeches.. Plain black Hats; with black Silk Bands and Cockades. Serjeants. Coats to be made of scarlet Cloth without Lappels, with round Cuffs, turn-down Capes, and cross Pockets; the Cuffs and Capes to be of the same Cloth as the Coats, and two Inches broad. The Buttons to be plain yellow-metal. Four Buttons on the Cuffs; and, Pockets. The Lining of the Coats to be brown Linen.. White Waistcoats and Breeches. Plain black Hats, with black Cockades. Private-men.. Coats to be made of scarlet Cloth without Lappels, with slashed Sleeves, and no Cuffs; turn-down Capes of the same Cloth; cross Pockets. Plain, yellow-metal Buttons. Three Buttons on the Sleeves, set-on, lengthways, up the Arms; and three, on the Pockets. The Fronts and Skirts of the Coats to be lined with brown Linen. White Waistcoats and Breeches. Plain black Hats, and black Cockades. Cc GRENADIERS. ment. |