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the right to appoint, or rather to nominate magistrates for his county. Strictly, all magistrates are appointed by the Crown at the discretion of the Lord Chancellor, (1 Inst. 174, 175,) and I conceive that the power or privilege exercised by the Lord Lieutenant rests merely in custom created as beforementioned. It must, I think, be attributed, as your Lordship suggests, to the office of Custos Rotulorum, as it is at any rate probable that the power of nominating magistrates would have been delegated to the chief of the justices, as one of the chief civil officers, rather than to the chief military officer in the county, but I am not able to carry this point beyond conjecture. The official duties of the Custos, irrespective of his duties as a magistrate, consist in his appointing the clerk of the peace, and keeping the rolls or records of the peace of the county, as will be seen in Lambarde’s Eiren., Book 4, and beyond these I am not aware of any duties incident to the office.
With regard to the existing powers and duties of a Lord Lieutenant, I am not aware of any official powers or duties unconnected with the defence of the realm, and the quelling insurrection, &c., and I conceive that all the powers and duties which he now possesses, or can be called upon to perform, have in a greater or less degree reference to the militia, yeomanry, and volunteers of the county. These powers and duties resolve themselves into two heads; the one consisting of the powers and duties of the Lord Lieutenant without the assistance of any of the Deputy Lieutenants, and the other of his powers and duties as forming the chief member of a meeting of the Lieutenancy.
As to the first of these heads, these powers and duties mainly relate to putting in motion the machinery of the Acts regulating the militia, yeomanry, and volunteers, and to calling them out under the direction of the Crown, either for the defence of the realm, or the quelling of insurrection, &c. The following statement will show what are the principal powers and duties thrown upon the Lord Lieutenant by those Acts.
The Lord Lieutenant has the appointment, subject to the disapprobation of the Crown, of the Deputy Lieutenants (42 Geo. III., c. 90, s. 2), and of the colonels, lieutenantcolonels, majors, and other officers of the militia (8.2); has the chief command of the militia (s. 5); may, under the directions of the Crown, displace the Deputy Lieutenants and the officers of the militia (s. 17); has the appointment of, and the power of displacing of the clerk of the general meetings of Lieutenancy (s. 18). He, with two Deputy Lieutenants, can call extraordinary general meetings of the Lieutenancy (s. 21); may administer oaths required to be taken in the execution of the Act (s. 67); may act as commander of the militia when there is no other colonel (s. 72); may, with the approbation of the Crown, appoint surgeons to the militia (s. 78); may, on the recommendation of the colonel, appoint quartermasters (8. 79); may appoint additional drummers (s. 85); may join with the colonel or commandant in recommending sergeants, &c., for pensions from Chelsea Hospital (s. 86); may require carriages to be impressed for the militia on march (s. 95); shall embody the militia when directed by the Crown (s. 111 and 141), and shall issue orders accordingly (s. 114); when militia embodied, shall issue orders to the clerks of subdivision meetings to make returns of all persons enrolled (s. 129 and 141); shall issue orders for assembling the men (s. 130 and 141); shall appoint the first subdivision meeting for balloting (s. 132 and 141); shall transmit annually certified returns of the militia to the clerk of the peace (s. 157); shall give certificate to the clerk of the peace in case of deficiency of quotas (s. 158); may appoint, with the approval of the Crown, a Vice-Lieutenant during his absence (46 Geo. III., c. 90, s. 45); with approbation of Secretary of State, shall appoint places for exercises (15 & 16 Vict., c. 50, s. 28); may represent to Quarter Sessions that place provided for militia stores is unfit (17 & 18 Vict., c. 105, s. 2); in conjunction with colonel, may approve of purchase of storehouses (s. 4); when required by one of
the Secretaries of State, may unite portions of militia in two counties to form artillery corps (23 & 24 Vict., c. 94, s. 1); when required by one of the Secretaries of State, shall summon general meetings of the Lieutenancy to alter existing subdivision (23 & 24 Vict., c. 120, s. 1); shall appoint place for holding subdivision meetings (s. 5).
In addition to these powers, the Lord Lieutenant has the appointment of the officers of the yeomanry and volunteers, as the power seems to be recognised by the Volunteer Act of 1804, though not expressly given by it. He may summon volunteers in case of invasion, &c. (44 Geo. III., c. 54, s. 22), and on other occasions in case of riots, &c. (s. 23); may make orders for the assembling of yeomanry and volunteers on receiving orders from the Crown (s. 46), and shall certify the time and place to Secretary at War (s. 48); may submit rules relating thereto to the Crown (s. 56), and communicate approbation to commanding officer.
As to the second of these heads, the powers and duties devolving upon the Lord Lieutenant and Deputy Lieutenants in general meetings of Lieutenancy do not appear to be very extensive, but to consist in further carrying out the machinery of the Militia Acts; and among the principal of such powers and duties may be mentioned the following:
The general meetings of the Lieutenancy shall consist of the Lord Lieutenant and two Deputy Lieutenants at the least ; or on death, absence, &c., of the Lord Lieutenant, of three Deputy Lieutenants, and shall be held once a year; and the Lord Lieutenant and two Deputy Lieutenants, or three Deputy Lieutenants, may summon extraordinary general meetings, and general meetings may be adjourned (42 Geo. III., c. 90, s. 21); shall send notices of time and place of exercise of the militia to subdivision meetings (s. 90); may. appoint special constables (46 Geo. III., c. 90, s. 28); may, when the Lord Lieutenant and three Deputy Lieutenants, or in the absence of the Lord Lieutenant, when five Deputy Lieutenants are present, alter, on the requisition or authority
of one of the principal Secretaries of State, the existing subdivisions (23 & 24 Vict, c. 120, s. 1).
Many of the powers which were previously vested in general meetings of the Lieutenancy were taken away by the 23 & 24 Vict., c. 120, which gave powers to the Privy Council and Secretary for War previously exercised by general meetings.
With regard to the Deputy Lieutenants, I think that they derive their powers solely from the Acts of Parliament relating to the militia, volunteers, and yeomanry, though the Deputies of Lieutenants are recognised in Acts prior to those which gave the Lieutenants power to appoint them. They were known long before the Militia Act of 1804, a somewhat similar Act of the 13 & 14 Car. II., c. 3, having given the Lieutenants a similar power to appoint Deputy Lieutenants. In that Act they were required to obey the orders of the Lieutenant; but the clause is not inserted in the 42 Geo. III., c. 90, and their powers being in a great degree independent of the Lord Lieutenant, I do not think that he can exercise any legal control over them, further than in taking proceedings to compel them to execute orders which, by the Militia and Volunteer Acts, he is authorized to issue. By custom and courtesy, he, as the superior officer, is entitled to receive general deference from them; but, beyond what I have referred to, I doubt whether he has any legal control over them, and am not aware of any authority in favour of such power. With regard to the powers and duties of the Deputy Lieutenants, I think that for the present purpose they may be usefully classed under three heads, namely, 1st. Their powers and duties in the absence of or vacancy in the office of Lord Lieutenant. 2ndly. Their powers and duties at the subdivisional meetings; and 3rdly. The powers and duties vested in them, or a certain number of them, out of the subdivisional meetings.
As to the first head, the powers and duties may be considered as, to a great extent, the same as those conferred upon the Lord
Lieutenant, and relate to putting in motion the machinery of
In addition to these powers relating to the militia, they may summon the
yeomanry and volunteers in case of invasion (44 Geo. III., c. 54, s. 22), or assemble them on their application, with approbation of the Crown (s. 46), and shall certify time and place to Secretary at War (s. 48).
As to the second head, the powers and duties devolving upon subdivisional meetings of the Lieutenancy have more especial reference to enrolling volunteers for the militia and putting in force the provisions for the ballot. They are somewhat numerous; and the Acts point them out very much in detail. They will be found principally to consist of the following:
Subdivisional meetings shall consist of at least two Deputy Lieutenants, and if two Deputy Lieutenants do not attend, one Deputy Lieutenant and one justice of the peace may act (42 Geo. III., c. 90, s. 22); shall appoint and may displace the clerk to such meetings (s. 18); may add two or more lists together, and determine disagreements between parish officers relative thereto (8. 34); shall accept volunteers specified (8.42); ehall make inquiries as to persons fraudulently bound apprentice, examine persons on oath, and appoint persons so bound to serve in the militia (s. 49); shall cause men to be examined