Defence of the Realm Act 1798
| Jurisdiction | UK Non-devolved |
| Citation | 1798 c. 27 |
(38 Geo. 3) C A P. XXVII.
[5th April 1798]
WHEREAS it is expedient that his Majesty should be enabled to exercise, in the most effectual Manner, the Powers by Law vested in him for preventing and repelling an Invasion of this Kingdom by his Majesty's Enemies; and that, for such Purpose, Provision should be made to enforce prompt Obedience to such Orders as his Majesty shall think fit to issue for procuring the Information necessary to the effectual Exercise of such Powers upon any Emergency; and for applying, in the most expeditious Manner, and with the greatest Effect, the voluntary Services of his loyal Subjects for the Defence of the Kingdom; and also to enable his Majesty to procure Ground which may be wanting for erecting Batteries, Beacons, and other Works, which may be deemed necessary for the public Service; and also to provide for the Indemnity (in certain Cases) of Persons who may suffer in their Property by Measures which may be taken for the Defence and Security of the Country, and Annoyance of the Enemy:' Beit enacted by the King'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 the Authority of the same, That the Lieutenants of the several Counties, Ridings, and Places, within that Part ofGreat Britain called England , and of the several Counties, Stewartries, Cities, and Places, in that Part of Great Britain called Scotland , and their Deputy Lieutenants, or such of them as his Majesty shall direct, and the Deputy Lieutenants acting as Lieutenants under the Laws now in force, shall, respectively, in Obedience and Conformity to such Orders as his Majesty shall think fit to issue for such Purpose, procure Returns of the Numbers of Men residing within the several Counties, Ridings, Stewartries, Cities, and Places aforesaid, who shall be of the Age of fifteen Years, and under the Age of sixty Years; distinguishing which of them are, by reason of Infirmity, incapable of active Service, and which of them are engaged in any Volunteer Corps, and what Corps, and which of them are willing to engage themselves, to be armed, arrayed, trained, and exercised, for the Defence of the Kingdom, and upon what Terms; and which of them are willing to engage, in Cases of Emergency, either gratuitously or for Hire, as Boatmen or Bargemen, or as Drivers of Carriages or Horses, or Drivers of Waggons, Carts, or Cattle, or as Pioneers, or other Labourers for any Works or Labour which may be necessary for the public Service; and also distinguishing all Aliens and Quakers, with such other Particulars as his Majesty shall think fit to require; and also to procure Returns of the Numbers of the Males and Females, residing within the several Counties, Ridings, Stewartries, Cities, and Places aforesaid, who by reason of Infancy, Age, or Infirmity, or for other Cause, may probably be incapable of removing themselves in case of Danger; and also for procuring Returns of all Boats, Barges, Waggons, Carts, Horses, and other Cattle and Sheep, and of all Hay, Straw, Corn, Meal, Flour, and other Provisions, and of all Mills and Ovens, and all other Matters and Things which may be useful to an Enemy, or applicable to the public Service, within the said Counties, Ridings, Stewartries, Cities, and Places respectively; and which of such Boats, Barges, Waggons, Carts, and Horses, the Owners thereof are willing to furnish, in case of Emergency, for the public Service, either gratuitously or for Hire, and with what Number of Boatmen, Bargemen, Drivers, and other necessary Attendance, and upon what Terms and Conditions; and of all such other Particulars as his Majesty shall require, for the Purpose of enabling his Majesty, and the Persons acting under his Majesty's Authority, to give such Orders as may be necessary for the Removal, in case of Danger, of such Persons as shall be incapable of removing themselves, and for the Removal of all Boats, Barges, Waggons, Carts, Horses, Cattle, Sheep, Hay, Straw, Corn, Meal, Flour, and other Provisions, Matters, and Things aforesaid, or for the Employment thereof in his Majesty's Service, or otherwise, as the Exigency of the Case shall require, and generally to give such Directions touching such Matters respectively, as may be deemed most likely to defeat the Views of the Enemy, and most advantageous for the public Service.
II His Majesty may require the Lieutenants to appoint Officers, &c. to be ready for training Men willing to engage, &c.
II. And be it further enacted, That it shall be lawful for his Majesty, by and with the Advice of his Privy Council, to order and require, from Time to Time, as his Majesty shall see Occasion, the Lieutenants, or Deputy Lieutenants acting as Lieutenants aforesaid, to appoint proper Officers to be ready for arraying, training, exercising, and commanding such Men as shall be willing to engage themselves to be armed, trained, and exercised as aforesaid; and also proper Persons to be in like Manner ready, in case of Need, for superintending and directing the Execution of the several other Duties which may be necessary to be done for the several Purposes hereinbefore mentioned; such Officers and other Persons to be appointed in such Numbers, and under such Regulations and Restrictions as his Majesty shall think fit to order and direct, such Lieutenants, or Deputy Lieutenants acting as Lieutenants as aforesaid, first signifying to his Majesty the Namesand Ranks of all Officers so to be appointed, and the Purposes for which they are so to be appointed, and appointing such Officers only as his Majesty shall approve: Provided always, that if the said Lieutenants, or Deputy Lieutenants acting as Lieutenants as aforesaid, shall not, within the Time which may be specified in the Orders which shall be given for such Purpose, signify to his Majesty the Names of a sufficient Number of Officers, whom his Majesty shall approve, for the Command of such Men as aforesaid, and appoint such other Persons as shall be necessary for the Purposes aforesaid, it shall be lawful for his Majesty to appoint so many Officers, and other Persons, as shall be necessary for such Purposes.
III His Majesty may require the Lieutenants and Deputies to hold Meetings, and the Clerks, &c. to attend them, for the Execution of this Act.
III. And be it further enacted, That it shall be lawful for his Majesty, by Order under his Sign Manual, to authorize and require the several Lieutenants and Deputy Lieutenants aforesaid, to hold such General and Subdivision Meetings, within their respective Counties, Ridings, Stewartries, Cities, and Places, as his Majesty shall think fit, and as shall be necessary for the Execution of this Act, and to require, for such Purposes, the Attendance of the Clerks of the several General Meetings and Subdivision Meetings of Lieutenancy, within their respective Counties, Ridings, Stewartries, Cities, and Places, and of all other Persons whose Assistance shall be necessary for carrying into Execution this Act, in such and the same Manner, and with the same Powers and Authorities, as by the several Acts now in force, concerning the Militia Forces of this Kingdom, is provided, with respect to such Militia Forces, so far as the Provisions in such Acts respectively are applicable to the Purposes of this Act.
IV Lieutenants and Deputies, Justices, &c. to have the like Powers as they have by the Militia Laws;
IV. And be it further enacted, That the said Lieutenants, and their Deputy Lieutenants, and the Deputy Lieutenants acting as Lieutenants as aforesaid, and all Justices of the Peace, Constables, Tythingmen, Headboroughs, and other Officers, shall, for the Purposes of this Act, have the like Powers and...
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