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Militia (City of London) Act 1820

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Militia (City of London) Act 1820

1820 CHAPTER 100 1 Geo 4

[24th July 1820]

Modifications etc. (not altering text)

C1Short title “The Militia (City of London) Act 1820” given by Short Titles Act 1896 (c. 14)

C3Preamble recites the Act of 36 Geo. 3 c. 92 amending and reducing into one Act two earlier Acts passed for the better ordering of the Militia of the City of London and for further regulating the trained bands or militia of the City and the Act of 39 Geo. 3 c. 82 passed to explain and amend that Act and was repealed by Territorial Army and Militia Act 1921 (c. 37), s. 4(1), Sch. 2

C5City of London Militia Act 1662 cited or referred to by its short title under authority of Statute Law Revision Act 1893 (c. 14), s. 3

1—33.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1U.K.

34 Militia to enjoy the same rights to the artillery ground as the former militia.U.K.

The militia to be raised by virtue of this Act shall possess and enjoy the same rights and privileges as are reserved or granted to the militia raised by virtue of the said two Acts passed in the thirty-sixth and thirty-ninth years of the reign of His said late Majesty, by any lease or leases granted by the mayor, commonalty, and citizens of London, under which the honourable the artillery company now possess and enjoy the artillery ground situate in the parish of Saint Luke in the county of Middlesex.

35 How the Charges of the Militia are to be defrayed. U.K.

For defraying the necessary charges and incidental expences of the said militia, it shall be lawful for the said commissioners to continue to raise and levy as heretofore, in every year, the proportion of one month’s tax, amounting to four thousand six hundred and sixty-six pounds [F2and sixty-seven new pence], which the said city hath been used to pay by virtue of the M1City of London Militia Act, 1662; and no warrant shall be issued for the raising of any trophy money, till the justices of the peace, or the major part of such justices, at some general or quarter sessions for the said city, shall have examined and allowed the accounts of the trophy money last raised, levied, and collected, and certified such examination of the said accounts, under the hands and seals of three or more of such justices to the said commissioners; and the said justices are hereby required forthwith to examine the said accounts accordingly.

Textual Amendments

Modifications etc. (not altering text)

C6 “the said commissioners” means Her Majesty's Commissioners of Lieutenancy for the City of London

C7Functions of justices of the peace under s. 35 now exercisable by Common Council of the City of London: Justices of the Peace Act 1968 (c. 69), s. 1, Sch. 3 paras 1-3 and Courts Act 1971 (c. 23), Sch. 8 para. 1

Marginal Citations

36 Commissioners to appoint a treasurer and clerk. Account of trophy tax to be delivered to the corporation before a new rate is made. U.K.

The said commissioners shall and are hereby required to appoint one or more treasurer or treasurers, clerk or clerks, for receiving and paying such monies as shall be received or levied by virtue of this Act, and of all which receipts and disbursements the said treasurer or treasurers, clerk or clerks, are, before any new trophy tax is raised, to give their accounts in writing and upon oath to the said commissioners, which oath the said commissioners are hereby empowered and required to administer; and that a duplicate of the said accounts so far as the same relates to the receipts and disbursements of the trophy tax by the said commissioners, shall be certified on oath, and delivered by the said clerk or treasurer to the mayor, aldermen, and commons of the City of London, in common council assembled, previous to the making of any new rate or assessment of the trophy tax.

Modifications etc. (not altering text)

C8 “the said commissioners” means Her Majesty's Commissioners of Lieutenancy for the City of London

37 Security to be taken from treasurer and clerk. U.K.

Provided always, that the said commissioners shall and they are hereby required to take such security from the treasurer or treasurers, clerk or clerks, to be appointed by virtue of this Act, for the due execution of their respective offices, as shall be satisfactory to the said commissioners; and the said commissioners may make such other civil appointments as they may see necessary for carrying the purposes of this Act into execution.

Modifications etc. (not altering text)

C9 “the said commissioners” means Her Majesty's Commissioners of Lieutenancy for the City of London

38 Collectors of the month’s tax neglecting their duty to be fined. U.K.

If any of the collectors duly appointed for the collection of the said proportion of one month’s tax as aforesaid, shall neglect or refuse to perform his duty in the collection thereof, or having collected the same, shall neglect or refuse to pay the same to the treasurer appointed by the said commissioners, it shall be lawful for any of His Majesty’s justices of the peace for the said city, to summon the party before him or them, and to fine him for such neglect or refusal any sum not exceeding the sum of twenty pounds to be levied by distress and sale of the offender’s goods and chattels (in case such fine shall not be forthwith paid), by warrant under the hand and seal, or hands and seals of any one or more of the said justices, causing the overplus, if any, after deducting the charges of such distress and sale, to be rendered to the party, and the penalty so adjudged shall be paid to the said treasurer to the said commissioners, to be applied by him as they shall direct.

Modifications etc. (not altering text)

C10 “the said commissioners” means Her Majesty's Commissioners of Lieutenancy for the City of London

39 Commissioners may build an head quarters, and defray the expences out of the trophy tax.U.K.

And whereas it is necessary that the said militia should be provided with an head quarters and other proper accommodations and conveniences for their assembling and mounting guard when embodied, and for the depositing and safe custody of the arms, accoutrements, clothing, and stores of the said militia when disembodied, and for their assembling for their annual exercise and for other military purposes; be it therefore further enacted, that it shall and may be lawful for His Majesty’s said commissioners of lieutenancy for the City of London and they are hereby authorized and empowered to pay, expend, and apply so much of the trophy tax to be hereafter raised in and for the City of London, under and by virtue of the M2City of London Militia Act, 1662, and of this Act, as may be necessary and expedient in, for, and towards the providing and building of an head quarters and other necessary accommodations and conveniences for the several purposes aforesaid, and in the necessary expences attendant thereon, and in keeping the same in repair; and all payments to be made by the said commissioners for the several purposes aforesaid by virtue of this Act shall from time to time be allowed in their accounts of the expenditure of the trophy money raised in the said city; and the justices of the peace acting for the said city, in examining and allowing the said accounts, pursuant to the directions contained in this Act, are hereby directed and required to allow the same accordingly.

Marginal Citations

40 And may accept Leases, &c. in the name of their treasurer.U.K.

For the several purposes aforesaid His Majesty’s said commissioners of lieutenancy for the said city are hereby authorized and empowered from time to time to accept and take in the name of their treasurer for the time being, and his successors, any grant, demise, lease or agreement of ground and premises whereon to erect and build such head quarters as aforesaid, and to charge and make liable the said trophy tax, with the payment of such rent, fine, or acknowledgement as may be by them deemed a proper rent or compensation for such land and premises and to authorize and empower such treasurer, on their behalf, to enter into proper covenants and agreements for the purposes aforesaid, and to execute a counterpart or counterparts of any such grant, demise, lease, or agreement, and such treasurer shall be indemnified and saved harmless by the said commissioners by virtue of this Act.

41—44.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3U.K.

45 Recovery and application of penalties. U.K.

The said commissioners shall and are hereby required and empowered to hold courts of lieutenancy for the said city from time to time, as often as they shall think expedient, and to issue such precepts at the said courts, and to make such orders as shall be requisite and necessary for the purpose of carrying this Act into execution.

Modifications etc. (not altering text)

C11 “the said commissioners” means Her Majesty's Commissioners of Lieutenancy for the City of London

46,47.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4U.K.

48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5U.K.

49,50.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6U.K.

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