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Loraqua la document ast trap grand pour Atra raproiduit an un saui elicit*, 11 aat fllmA i partir da I'angia aupMaur gaucha, da gauclui A droita, at da iMut an Ims, an pranant la nombra d'Imagaa nicaaaaira. L«a diagrammas suivanta iliuatrant la mithoda. 1 2 3 32X 1 2 3 4 5 6 I '41 AN ACT RCHPECTLXO THE MILITIA, KXTRACTED FP.OM THE CONSOLIDATED STATUTES OF CANADA, PROCLAIMED AND Pl'BLISIIED TNDKR THE AUTHORITY OF THE ACT i-I VICT. "'AP. 29, A. D., 1S5n'<. £xeni|itioii iinul tic cliiiiii' f^erviei! iihmi (liviiltxi into Iwo t'l«iieH. avcTKi' lo iM'iiriiiK uriiis and p'riiscs |K'rs«)Mul Miliiiiry Service, nliall !>•> ('\«>iii|>t tlicn-rrotii ; 4. Hul^uclicxciiiplionMliiill not onveril any |HT.«*on from MTvinq or holding' a CoiiiiiiiMHioii in the Mililia, if Ik- d«»ir«'s it and in not disabled by bodily infirmity ;--And no prrson shall have the iK'nefn ofHiuhcxniiptioti, unless \w has, at least one mcmth be- fore heclaimssncli benefit, filed hiselaimtheretowith \m(iffUiavit (made before some Ma^islrati') of the facts on which he rests his claim, with the Commanding Ollicer of the Company within the limits whereof he resides ;---And whenever exemption is claimeil, whether on tin* j^'roimd of age or otherwise, the burden «)f proof shall always be upon the claimant. IS V. c. 77, s. 7,— 12 V. c. 3G, o//f/4, 5 V. c. 4.1. W. With a view to actual service in cil^c of war, invasion or in.surrection, th(^ Service men shall be divided into two classes, to b(! called respectively, first class Service men and second class Service in<'n ; the first class to consist of unmar- ried men and widowers without (children, and tln^ scj'ond class of married men and widowers with children. 18 V. c. 77, s. 8, O. When the Sedentary Militia are called out in case of ihcy shnii i« war, invasion or insurrection, those first taken for actual service shall be volunteers from the Service men, then the first class Service men, then \\u' second class Service men, and lastly the Heserve men. I/nd, s. 9. 10. Till.' Commander in Chief may from time to time, by any Militia General Order, divide Upper and Lower Ca- nada respectively, into such number of Military Districts as he deems expedient, and to be dc^signated as he sees tit ; — and may from time to time by any Militia General Order, alter such division of the Province into Military Districts, and increase or diminish the number th(;reof. Jbid, s. 10, ami 19, 20 V. c. 44, s. 1. 11. The Commander in Chi(!f may from time to time, by any Militia General Order, divide the Military Districts res- pectively into Regimental divisions, and the Regimental divi- sions into Battalion divisions, and may designate such divisions by such names or numbers as he .sees fit. 18 V. c. 77, s. 11. Order in whk'li I hey slmll lie taken furnctiial vervico. Commanilor in Chief lodiviiie ir.c.&. L.c. into military (Ii8trii't8 anil may alter llie same. Resimental iind buttaliun divisions. What men shall form tlir regiments and battalions. i9. The Militiamen resident in each Battalion division shall form a Battalion of the Regiment of the Regimental division in which it lies ; — and all the Battalions in any Regi- mental division shall form the Regiment thereof. /Wrf, s. 12. Officers of re- giments and liattnlions. 13. To each Military District a Colonel shall be appointed who shall command the Militia in such District, and to each Battalion a Lieutenant Colonel, and such number of Majors and Regimental Staff' Officers as may be deemed necessary^ Ibid, s. 13. 14. Kacli IrH ami of Commissioned OlHtrers, a Captain, a Lieutenant, and an ",''"/^'™fl,pp^ Ensign; and of non-Commissioned Oflicers, three Serjeants oi.ompann*. and three Corporals. Ihid, s. IG. 17. The Conunander in Chief may appoint to all Militia Hurgoons, (Vl., Regiments, Companies or Corps, the proper number of Sur- """y '^l "p-^ geons, Assistant Surgeons and Veterinary Surgeons. 19, 20 fn,'"/ V. c. 44, s. 4. 18. The enrolment of the Sedentary Militiamen shall be Emoiinem. made in each Company division by tlie Captain thereof, with '"'^.•j'l*« the assistance of the Officers and non-commissioned Officers of '."r,!^ '^' '* the Company ; — And it shall be the duty of the Captain, and, under his orders, of the other Officers and non-commissioned Officers of the Company, by actual enquiry at each house in the Company division, and by every other means in their power, to make and keep at all times a correct Roll of the Company in such form as may be directed l)y the Adjutant General. 18 V. c. 77, s. 17. 19. Each man liable under this Act to be enrolled in Miiaianiea any Company, and not so enrolled, shall give in his name, bound to giw age and place of residence, in writing, to the Captain or Officer •" t'^'ir "«">«"' commanding such Company, within twenty days after he becomes so liable, whether by the alteration of any Militia division, change of residence, or otherwise howsoever. Ibid, s. 18. fSO The Officer commanding a Sedentary Company of the KoiUoK.im. Militia shall, within twenty days after the annual muster day i"*"'*' '° '^j for such Company, make out a corrected Roll thereof, and niso,*'reuirn/oV transmit a certified copy thereof to the Officer commanding the ''attaiions. Battalion, who, within forty days after such muster, shall forward a correct Return of the Battalion under his command to the Assistant Adjutant General of the Military District, to be laid before the Colonel commanding the same ; and the said Return shall then be transmitted by the Assistant Adjutant 8 Company roll*, to be corrected from time to lime. Duty of housf' holtfers, &c., to give all in- tbrraations re- quisite. And of mili- tiamen. General, under the orders of the said Colonel, to the Adjutant General at Head Quarters. Ibid, s. 19. 31. Each Company Roll shall be corrected from time to time as changes occur which affect it ;— And every householder and resident in the Company division, and every Assessor, Town Clerk, or other Municipal Officer, shall be at all times bound to give to the Commanding Officer or any Officer or non-commissioned Officer of the Company, such information as may be required to make such corrections, and to answer all such questions as any of them may pertinently put to him for the purpose of obtaining such information ;— And every Mili- tiaman shall be bound to inform the Officer commanding the Company, in writing, of any change of residence or other circumstances affecting such Militiaman, by which the Roll of any Company is aflected, whether such Militiaman comes into or leaves the Company division for which the Roll is made. Ifnd, s. 20. 1 ACTIVK OR VOI.UXTEER MILITIA COMPANIES. Volunteer 83. The .\ctive Militia of tlie Province in time of peace, KS of shall consist of Volunteer Troops of Cavalry, Field Batteries, what to consist. Foot Companies of Artillery, and Companies of Infantry armed :is RiHemen, to be formed tit places to be designated by the Commander in Chief ; Total limited. Number of Companies of Foot Artillery and Kitlcs, limited afler end of lS5n. 2. Except as hereinafter provided, the total of such Volunteer Corps shall not exceed five thousand Officers and Men ; 3. The whole number of Troops of Cavalry, in Class A iiereinafter mentioned, shall not at any time exceed sixte.'U, and the whole number of F^ield Batteries of Artillery, in 1 he said Class A, shall not exceed seven ; and from and after the thirty-first day of Decembev, 1859, the Companies of Foot Artillery and Rifle Companies in Class A, shall not together exceed fifty in number, of which there shall not be a greater number of Companies of Foot Artillery than five ; and it shall be in the discretion of the Commander in Chief to determine what number (not exceeding five as aforesaid,) of Companies of Foot Artillery shall from timo to time form portion of the said number of fiftv ; 4. But until the day last aforesaid, there may be in Class A not exceeding five Companies of Artillery, and not exceeding fifty Companies of Riflemen ; 18 V. v. 77, ss. 19, 21—20 V. c. 44, s. 2,-22 V. (1859) c. 18, s. 3. Lupoid voiuii- 33. Notwithstanding any limitation in the next preceding may be'^Tmcti. Section of the number of Volunteer Companies or Corps, or of the number of men tht .. in, the Commander in Chief may accept the services of any greater number of Volunteers, and '• f. 9 latant 1 I may form tlicm into Companies or Corps,--provid«!(l that n(» greater number of Volunteer Companies, Corps or men than that limited hy the said section, shall receive pay or allowances except on actual service in time of war or insurrection; 2. And the Volunteer Companies and Corps receiving pay shall Unpaid voinn- be known as Class A, and those receiving no pay as Class B ; '^rmajTbc- And whenever the number of Companies or Corps or men in corps, a^'va- Class A falls short of that limited by the said section, the <'"'"=ie»orcMi. deficiency may be supplied by removing the proper number from Class B into Class A ; But in all respects, except as to provwo. pay and allowances, the provisions of this Act shall apply in like manner to the Volunteer Companies, Corps and men in both Classes. 19, 20 V. c. 44, s. 2. ^4. Each Volunteer Troop of Cavalry, Company of Foot Force oi voiun- Artillery, or Company of Riflemen, shall consist of a (Captain, J^Lg?™^!?^'*" a Lieutenant, a Cornet, Second Lieutenant or Ensign, three Serjeants, three Corporals, a Trumpeter or Bugler, and not exceeding forty-three Privates, except in Companies of Rifle- men wherein the number of Privates may ho any number from forty-three to seventy-five ; 2. And each field Battery of Artillery shall consist of a Captain, The same. two first Lieutenants, a Second Lieutenant, a Serjeant Major, three Serjeants, three Corporals, three Bombardiers, a Trum- peter, a Farrier, fifty nine Gunners and Drivers, including Wheelers, Collarmaker and Shoeing-smith, fifty-six horses, exclusive of Officers' horses, and of four spare horses when the Battery is called into actual service. 18 V. c. 77, «■ 22. s. 44, to Appointment oCStaft Officers and tlieir rank. and 25. The Commander in Chief shall have full power appoint Staff" Oflicers of the Active Militia with such rank as he shall from time to time think requisite or necessary for the efficiency of the Militia service, and all such appointments as have been made by him are hereby confirmed; and any such Staff Officers shall have such rank and authority in the Militia as are held relatively in Her Majesty's service, and their duties shall be the same for the Militia as prescribed for the Army by the Queen's Regulations aforesaid. 22 V. (1859) c. 18, s. 16. 26. The Commander in Chief sliall have full power to con- A!>y "umbcr of stitute any number of Rifle Companies of the Active Militia at fny locaiSy'" any one locality or within any one district, not being less than may lie consu- six or more than ten Companies, into a Regiment or Battalion, Reg'Jm'ent or and to assign or appoint thereto by commission, a Lieutenant- Battalion, a:c. Colonel, two Majors, one Adjutant, one Pay-Master, one Quarter-Master, one Surgeon and one Assistant Surgeon whose rank and authority therein shall be the same as in the relative positions in Her Majesty's service ; — And such Regiment or Battalion shall be subject, in so far as the same are not incon- f^istent with the provisions of the Militia Laws of this Province, 10 Volunteer marine oom- panies may be (ormcd at cer- loin places. How Id Ik; itrmuanies may b<\ Ibrmed and disbandetl. Unilbrms ol' Volunteer Corps. Further condi- tion. Arms, &o., 1)1 volunteer eom- panics. to the Qm'on's Resjrulations for the Army pllbli^*he(] by authority ; and any such Lieutenant-Colonel shall have authority to appoint Staff* Sergrants for smy Battalion. 22 V. (1859) c. 18, s. 15. ft7. A Volunteer Marine Company may be formed at each of the foUowhig places,™Kingston, Cobourg, Toronto, Hamilton, Port Stanley, Dunnville imdOakville; each Company to consist of a Captain, a Lieutenant and fifty men ; and a Commodore of Provincial MarliK^ may be appointed to command the whole and to rank as a Lieutenant-Colonel of Militia ;— Captains in the Provincial Marine shall rank as Majors in the Militia, and Lieutenants as Captains in the same. 18 V. <•. 77, s. 23. Qf*. The said Marine Companies shall be armed in such manner as the Commander in Chief directs, and shall be trained and drilled as well to the u.'^e of small arms, as in the management of gun-boats and vessels, and the working of great guns on board vessels. 18 V. c. 77, s. 24. 580. In each Militia District tiieie may be formed a Volun- teer Company ol Engineers, to consist of a Captain, a Lieute- nant, a Second Lieutenant, and such number of men not exceed- ing seventy-five, as tiie Governor may direct ;— but such Com- panies shall not be subject to drill or to service in time of peace. Ibid, s. 25. 30. All V^olunteer Companies shall be iorined and may be disbanded by authority of the Commander in Chief, as may in his opinion best tend to further the purposes of this Act and the public good. If/id, s. 2G. ill. The uniform of the several Field Batteries, — of the seve- ral Troops of Cavalry, — and of the several Rifle Companies- continued under this Act, or organized after the fourth day of May, 1859, shall be of such one and similar colour, pattern and design as may be ordered by the Commander in Chief ; 2. Provided that but one, and that a similar colour, pattern and design, shall be approved for each of them respectively, — the Field Batteries, — Troops of Cavalry,— Rifle Companies,— and Companies of Foot Artillery ; and each of such Corps .shall conform in all particulars to the order of the Commander in Chief in such respect ; but the several Corps in existence on the said day and to be continued in existenct? under this Act, may continue to wear their then clothing until the same requires to be replaced, and it shall be the duty of the Superior Officer of the said Corps respectively, to see that the same are, upon any such replacing of clothing, uniformed according to the order of the Commander in Chief in such respect. 22 V, (1859) e. 18, s. 12. Sft. The arms and accoutrements of the Officers and men of the several Volunteer Companies, shall be such as the Com- 33. 9i office aceol unpa orlr deriil toac the 22 I 11 lority ; Ippoim 15. ;ach of lilton, Iconsist lodore whole tins in la, and in such hall be IS in the of great Voiun- Lieute- exceed- h Com- )f peace. may be s may in Act and the seve- ipanies — th day of ttern and f; , pattern lively,— panics, — :h Corps nmander ixistence nder thif* (he same Superior ame are, rding to . 22 V i men of he Com- mander in Chief from time to lime direet?i, but of the best n'ul most serviceal)le kind, without unnecessa' ornament ; — Such To Iwiurnifheii arms and accoutrements shall be furnif .; o the non-eonunis- i-y ••'•■ rrovmcc irr !• PI -in --, ,1 ••xcciil to olli- sioncd oincers and privates ol the said ». (umteer Corps iit the cei.,. expense of the Province, but shall always remain Provincial property, and the parties receiving them shall be accountable ibr them; — And the Commander in Chief mny direct such Pecuriiy n.av security as he thinks proper to be taken for the safe kec))ing in i^',i|."||^J'" '^1^ good order of such Arms and Accoutrements, and the re-deli- Arc very thereof to such ofiicer as may be appointed to receive them, whenever the Conunander in Chief for any jjurpose directs such re-delivery. 18 V. c. 77, s. 27. 33. The said arms and accoutrements shall be renewed and Kopuiiinif ui kept in repair at the cost of the Province, when(!ver such »"'W)&t- renewal or repair bejomes necessary from wear in service or other cause than the fault or neglect of the person having charge thereof, in which last named case they shall be renewed or repaired by such person, or, if renewed or rejjaired at the cost of the Province, the cost may be r<'covercd from such person as a debt due by him to the Crown. Ibid, s. 28. 34. The arms and accoutrements oi non-commissioned olli- By wiiom anJ cers and men of the Activ(« Mititia shall be kept in public |^'!*'^h^'-li"i^> armouries wherever there are such ; and where there are no kept. such public armouries then the Captain of each Volunteer Corps shall be personally responsible for the arms and accou- trements of the non-commissioned Officers and Men of his Corps, and shall himself actually keep the same, and may be allowed annually a sum not exceeding twenty dollars for so doing and for taking care of the arms and accoutrements ; 22 V. (1859) c. 18, s. 5. 2. Nothing herein shall be construed to relieve the Officers Proviso : as to or men of the Volunteer or Active Force, of any liability in |,'„rfed i^f"^. respect to the Arms and Accoutrements thereof!, delivered to this Act. the custody, care or possession of any of them, — or in any other respect,— under the Acts 18 V. c. 77 and 19, 20 V. c. 44, — but any proceedings thereto relating shall be brought within twelve months after the discovery of any breach of the provisions thereof. 22 V. (1859) c. 18, s. 21. 3«S. No Corps of Active Militia and no non-commissioned <^on« to an- officer or private thereof, shall at any time appear armed or ccrtafnocca-" accoutred, except when bond fide at drill whether paid or sions only. unpaid, or at target practice, or at Reviews or on Field-days or Inspections, or for receiving distinguished persons or ren- dering funeral honors to deceased comrades, or when required to act in aid of the civil power under due authority ; nor shall the arms and accoutrements be taken out of this Province. 22 V. (1859) c. 18, s. 6. I. iJrticcft' arm*. Excmpiion of .irnis, norscs, tic, from seizure. How volunteer ihalf be dril- led and excr- CL'>e<]. 36. Commissioned oificers of the suid Companies shall furnish their own arms and iiccoutrements. 18 V. c. 77, s. 30. 37. The Arms and Accoutrements of the officers and men of such Volunteer Companies, and the Horses used by them as such, shall be exempt from seizure in execution and from dis- tress and assessment ; nor shall any such horse be disposed of by any olFicer or man without leave of the Officer commanding tlio Company. Ibid, s. 31. 3H. The Volunt»er Mililia Companies shall be drilled and exercised at such time in each year and at such places as the Commander in Chief may from time to time appoint ; the Volunteer Field Batteries being so drilled and exercised during twelve days in each year, of which at least six days shall be consecutive, and the other Volunteer Corps once in each year during six consecutive days, (Sundays not reckoned in either case,) and the Companies under drill being encamped during the whole or any part of the perlotl for drill, if the Commander in Chief sees fit : Pay List and r.rtidavit. 2. Provided that, inclusive of the pay for the year 1859, and annually thereafter, the moneys to be paid for pay for each day on which Companies are so drilled, shall be paid only in the )uonth of December in each year, and upon the Pay List and affidavit thereto being duly furnished to the Adjutant General as hereinafter required. 22 V. (1859) c. 18, s. 4. Adjutant Citnl to draw lip i;odc ofinstnic- tions. 39. The Adjutant General or the Deputy Adjutants General shall draw up, under the direction of the Commander in Chief, a code of instruction, diill and exercise for the said Volunteer Companies, based on that in use in Her Majesty's Regular Army, and each Commissioned Officer of a Volunteer Company shall be furnished with a copy, and shall be governed by the said code in drilling and exercising the corps to which ho belongs. 18 V. c. 77, s. 33. I'ayracni o( Active Militia, I'ay lor Men and horses in class A when at Drill, for 1859. A certain num- ber only to be paid after 1859, ••ind at wlint rate, the 40. The Active Militia Force shall be paid by the Province, sums and in the manner following 1. For the year 1859, the non-commissioned officers and men of Class A, shall be paid for each day's actual and bond fide drill the sum of one dollar, and for each horse actually and necessarily present and used for such drill, and belonging to or used by such non-commissioned officers or men, the further sum of one dollar per diem ; 2. For each and every year, other than the 'year 1869, the non-commissioned officers and men of such Corps of Class A, and of such portions thereof only as are hereinafter mentioned, shall for each day's actual and bond fide drill, be paid the sum of one dollar, — and in so far only as regards the horses to be 5. A a Corps the offi( month said C< of Mil any Ju officers actual and w by la\ of the \j perfbr p; and ir f J horse i & necesi 1 18, s.[ lies shall n, s. 30. land men them as Ifrom dis- pposed of ^manding filled and jes as the loint ; the 3ed during [s shall be each year 1 in either )cd during ommander 1859, and »r each day only in the y List and int General nts General er in Chief, d Volunteer gular Army, Tipany shall by the said he belongs. le Province officers and lal and bond actually and onging to or the further ir 1869, the of Class A, mentioned, aid the sum horses to be la used in the Field Batteries, for rach hor.sr actually and ne- cessarily present and used for such drill and belonging to or used by the non-commissioned officers and men of the said Field Batteries, the further sum of one* dollar per diem ; 3. And the said Corps or portions thereof respectively so entitled to be paid an; as follows : Field Batteries. — The non-commissioned olKcers and men, ^f,i||gfyQ^,pj_ not exceeding seventy in number, and the horses, — not ex- ceeding thirty-six in number,— of each of the seven Field Batteries constituted under the Act 18 V. c. 77, before the fourth day of May, 1859, and existing on the said day ; Cavalry. — Thirty non-commissioned oificers and men of cavalry Corps. »!ach of the five Troops of Cavalry .senior in priority of Gazette under the said Act in Upper Canada, and thirty non-commis- sioned officers and men of each of the five Troops of Cavalry senior in priority of Gazette as aforesaid in Lower Canada ; Infantry. — Thirty non-coininissioncd oUicers and men of each infauuy Corps. Rifle Company, and of each Foot Company of Artillery ; 4. But it shall be within ilic option of the Commanding conmiundins Officer of any such Corps of Cavalry, Infantry or Foot Artillery, omrer,nay f 4 . -1 J •*! .1 divide the pay in pursuance of any contract previously made with the non- nmong a grea- commissioned officers and men of the Corps under his com- '«•' "V"'*^'' "" mand, to distribute the total amount of pay to which such thirty duions.''°*' men would be entitled for their drill as hereinbefore mentioned, in a less proportion than the sum of one dollar to each man, so that the surplus of men bona fide enrolled and acting in such Corps, to a number not exceeding twenty additional men, may receive a proportion of such pay, it being the intent hereof that no man finder any such contract shall receive less than the sum of sixty cents per diem during the drill as aforesaid ; 5. And it shall be the duly of every Commanding Officer of Pay List, witu a Corps, or, in case of his absence during the annual drill, of "(f^Jo^te^JJansr the officer next in command and personally present, during the mitted to Ad- month of November in each year, to forward the pay-list of the J"'""' Ocncrni. said Corps to the Adjutant General or Deputy Adjutant General of Militia, having attached thereto an affidavit sworn before any Justice of the Peace, that the several non-commissioned officers and privates in the said pay-list named for pay, were actually and bond fide personally present at each day's drill, and were actually drilled for the number of days and in maimer ' by law required, and were and continued severally on the roll ! of the said corps from the month of January in such year, and || performed duty therewith when required during such year, i.ig and in addition thereto in cases of Field Batteries, that each ' I horse in the said pay-list charged for pay was actually and i necessarily present and used for such drill. 22 V. (1859) c. 1 18, s. 7. t Volualccr> may be tlrilln) at other timt-s .icponliiKT to their articles of (•nirayptiipnt. Ammuniiioii lor practice. Payor Ser- jeant-Major ol artillery com- panies, iic. 14 41. Nothing herein contained shall be construed to prevent any such Company from as^semblini? or being ordered out by the Ofticer commitnding it for drill or exercise, without receiv- ing any pay therefor from the Province, according to any articles of engagement or regulations of such Company, previ- ously approved l)y the Commander in Chief ;— And any such articles, in so far as they are not inconsistent with this Act, shall be enforctid, and the penalties which may be thereby im- posed shall, whenever they are incurred, be recoverable in the manner hereinafter mentioned, by the person or officer desig- nated for that purpose in such articles, to such uses as may be tln!rein directed. 18 V. e. 77, s. 35. 43. Sufficient ammunition for practice at drill shall be supplied to the Volunteer Companies at the expense of the Province, in such manner as the Commander in Chief may direct. 18 V. e. 77, s. 36. 4*1. Each Serjeant-Major of a Volunteer Field Battery ot Artillery shall, on account of the great responsibility attached to the office, be paid by the Province at the rate of two hundred dollars per annum ;— And competent persons shrill be appointed by the Commander in Chief to drill the other Volunteer Com- panies, and shall be paid by the Province one dollar and fifty cents per diem, when so employed. Ibid, s. 37. ' 44. The said Volunteer Companies shall be liable to be called out in aid of the ordinary Civil Power in case of riot or , other emergency n^quiring such services, and shall when so employed receive from the Municipality in which their services are required, the rates of pay above mentioned, and a further sum of fifty cents per man per diem for additional expenses, and shall be also provided with proper lodging by such Muni- cipality ;™And the said sums, and the value of such lodging if not furnished by the Municipality, may be recovered from it by the Captain of the Company, in his own name, and when received or recovered shall be i)aid over to the Officers and men entitled thereto. Ibid, s. 38. How they may 4«l. It shall be the duty of the Captain or Officer com- manding any such Volunteer Company to call out the same, or such portion thereof as is necessary, for the purpose of quelling any Riot, when thereunto required in writing by the Mayor, Warden or other Head of the Municipality in which such Riot takes place, or by any two Magistrates therein, and to obey such instructions as may be lawfully given him by any Magistrate in regard to the mode of quelling such Riot ;~And every Olficer, non-commissionetl Officer and man of such Com- pany shall on every such occasion obey the orders of his To be sworn in Commanding Officer ; — And the Officers and men when so ubiJ^r'*''''*"'" called out shall, without any further or other appointment, and without taking any oath of office, be Special Constables, and Volunteer?- may be callow nxit in aid of ihe civil pow and shall lie paid in such cases by Ihe li'iinicipality. be so called out, and their duty in such ca^i.--. time (not servici servic then si of Mi] bursci lion. 41 shall! sure I 5i litiaj BattI panf i i 15 prevent out by It recciv- to any ly, previ- lany such Ithis Act, jreby ini- |>lc in the ler desig- [s may ho shall be ise of the )hief may Battery ol' y attached ro hundred appointed nicer Com- ir and fifty iable to be e of riot or 11 when so icir services 1 a further il expenses, mch Muni- ich lodging )vered from I, and when ;rs and men )fficcr com- the same, or ; of quelling the Mayor, h such Riot ;o obey such Magistrate -And every such Com- ders of his !n when so ntment, and stables, and shall act it- s. 39. such so loni,' as they iciiiHiii so calli-d out. Ibid, 46. The Officers, non-commissioned Ollic-ers and incn of Voiunufrs Volunteer Corps, shall, while they continue such, be ex- ^^^I"}^i["'jJ,. empt from serving as Jurors or Constables; And whenever rontcr con- they have served as such in (»ne or mort< Volunlc(;r Corps "'"•''p-'- during a term of seven years, such exemption shall continue after the expiration of the said term ; — And a certificate under Evidence oi the hand of the commanding officer of any such Corps shall •«''^''<^"^' be sufficient evidence of the service in his Corps of any officer, non-commissioned officer or man for the then current year. 22 V. (1859)c. 18, s. 8. 47. No non-Commissioncd Officer or Man of any Volunteer Notice to be Company, shall, in any case, unless legally discharged, leave Biven befora the same without giving at least two month's notic in writing voiuntec'"^ to the Commanding Officer thereof of his intention .so to do ; — company. Nor shall he, at any time, leave the same contrary to the enga- gement contained in any articles of engagement he has signed; and the term of engagement shall not be less than five years. Term oicn- 18 V. c. 77, ss. 41, 65, and 22 V. (1859) c. 18, s. 9. ^agcmem. 48. The several Volunteer Corps shall be subject to in- inspection of spection from time to time by such person or persons as shall Volunteer be temporarily appointed by the Commander in Chief for such °''^^' inspection, and who shall report fully to the Governor on the state of such Corps and their arms and accoutrements and the general efficiency of such force, and shall be reimbursed his or their actual travelling expenses by the Province, and paid therefor at a rate not exceeding four dollars per diem wliilst so engaged ; 2. Provided that such person or persons, to be appointed from Proviso : as to time to time for such inspection, shall be an officer or officers f^*^^. °^^'^ . (not being under the rank of Field Officer) of Her Majesty's service, and actually serving in this Province, or in case the services of an officer or officers as aforesaid cannot be obtained, then such other person not being under the rank of Field Officer of Militia of this Province, who shall in like manner be reim- bursed his actual tr.ivelling expenses and paid such remunera- tion. 22 V. (1859) c. 18, s. 10. GENERAL PROVISIONS. 49. All Commissions of Officers in the Provincial Militia Commission*, shall be granted by the Commander in Chief and during plea- '!J,l^l''^'" sure. 18 V. c. 77, s. 43. ^ 30. All non-Commissioned Officers in the Provincial Mi- Nan-commLi- litia, shall be appointed by the Officer commanding the si^i^eu officers. Battalion to which they belong, — except in Volunteer Com- panies where they shall be appointed by the Captain thereof, — IG and sluill in oitlicr cast; hold their rank during pleasure. Jbidf >*. 44. Officers muNt Ije Kcr MuJL's- ly's subjects. Hxisting coin- iniKsion.s, tn re- main until laiiccllctl. No IKTSOII liound lo serve in n lower ^rade Ihnn he lins lii'ld. •II. i\o person siiall be an OiFicer of Militia unless he is one of Her Majesty's subjects by birth or naturalization, nor if he is such subject by naturalization only, unless he has taken the oath of allegiance. /6irf, s. 45, and 19, 20 V. o. 44, s. 6. 59. Commissions in the Provincial Militia and appoint- ments of nou-Commissioned Officers, existing Immediately iM'fore the passing of the Act, 18 V. c. 77, shall remain in force, such Commissions being subject to be cancelled by the Com- mander in Chief, and such appointments bv the Oliicer Com- manding the liattaliou ;— But no person shall be bound to serve in the Provincial Militia in a lower grade than he has once held, unless lie has resigned his commission or is reduced by sentence or order of some lawful Court or auth.ority, — Nor shall any person who has been a non-Commissioned Oliicer in Her Majesty's Army, be bound to serve in the Militia in a lower grade than he held in tlu; Army, unless he had been reduced as aforesaid. 18 V. c. 77, s. 46. Battalions em- tiodied in 1S37, 1838, 1846 iV: IS47. «S3. Tiio next preceding section applies to and includes the Battalions embodied in the years one thousand eight hundred and thirty-seven, one thousand eight hundred and thirty-eight, one thousand eight hundred and forty-six, and one thousand f the ''"^'j''' »'"' Deputy Adjutants General shall have the rank of Lieutenant '" " Colonel in the Provincial Militia, and he shall hold his umik. Office during pleasure ; and eacli of the Deputy Adjutants p„y General shall be paid by the Province at the rate of two thousand dollars, per annum. 18 V. c. 77. s. 47. •17. The Commander in Chief may in his discretion amal- onicesuMn- gamate the oflices of Deputy Adjutant General and Inspecting "'f ''"Fj9"'" Field Officer of Militia in Upper or Lower Canada, in which A,ij,1{a„t(ie"^ case the salary of the officer performing such amalgamated """'""'y ^ offices, and who shall be known as Deputy Adjutant General "Xrylii'Mnh and Inspector of Militia, shall not exceed the sum of two '-ns*"- thousand dollars per annum. 22 V. (1859) c. 18, s. 11. 58. The Commander in Chief may from time to tinu appoint so many Assistant Adjutant General, witli such duties oi A«sistani^ as he thinks proper or expedient, but no pay or allowances nerai'"'"^ " * shall be made to them in respect of such appointment. 22 V (1859) c. 18, s. 13. ' Anv nninljcr S of Assist! niiiy be appoinU'tl— but without pay. «S0. There shall be in and for each Military District an Asst. Qimrter Assistant Quarter Master General, whose duty it shall be to Master Oene- make himself thoroughly acquainted with the roads and com- ■""'' munications and other matters appertaining to the topography of his District, and to furnish such information on the subject as may be required by the Commander in Chief, in which duty the Officers of the Volunteer Engineer Corps shall assist him with the local information they acquire. 18 V. c. 77, s. 50. 60. All contraventions of this Act and of Regulations or Militia oflen- Orders lawfully made or given under it, when the Militia or V*^"* ''o«: p""* that portion thereof to which the offender belongs, is not called o/'^''ice^"wiiS»- out for actual service, shall be punishable by penalties to be o\n Courts imposed by one or more Justices of the Peace, and in a sum- **""'*'■ mary manner as hereinafter provided, and in such cases Courts Martial shall not be held. Ibid, s. 51. CALLING OUT THE MILITIA. 61. The Commander in Chief may call out the Militia or Commander any part thereof, whenever it is in his opinion advisable so to in phiefmay do, by reason of war, invasion or insurrection, or imminent ii? certain "*'" cases. danger of any of them. Ibid, s. 52. 63. The Colonel commanding any Military District, or the And Colonels Lieutenant-Colonel commanding any Battalion division, may coioneis^in'"' 18 ihuirdiviMonfi upon any ^r of ciihcr, call out the whole or any pari of »' ''"' f^"""'"'" '''K^'*'^' '"' ''""'* ''"'" P^cscnt, ortlic sonior of twn gniUim'iiiim.' or more Olliicrs of t(iuul rank ;— Olliccrs of Her Majesty's Re- pular Army sliail always be reckoned senior to all Militia Oflicers of the same rank,wliatover be the dates of the respective commissions ;— And Colonels appointed bv Commission signed by the Commander of Her Majesty's Regular Forces in Canada, shall command Colonels of Militia, whatever be the date of their respective Commissions. Ibidf s. 68. r.-ir wint of- 78. No Militia Ollicer or Militiaman shall be sentenced to um.-.soniy death bv any Court Martial except for mutiny, desertion to the mayiH».n- enemy, or traitorously delivermg up to the enemy any gar- lenmiiodiaiii. fi^ion, fortress, post or guard, or traitorous correspondence with .Scntcnrr the enemy ;— And no sentence of any General Court Martial approwi' '*''''^" '"' ffirried into efl'ect until approved by the Commander in Chief. Ibul,s.Q9. 79. No OtFicer of Her Majesty's regular Army on full pay Offlpcr of re- ^'filA'aVnoi "'''*'' **'^ "" ^"y *lJ'il'^ Court Mart la to sit, &c. Arms, &c,, of icJedt'Dtary Militia to be kept ia certain places. Buildings for Armouries. Care of such Armouiies. ARMAMENT OK THE SKOENTAKY MILITIA. 80. The arms and armaments for the Sedentary Militia shall, when such Militia is not called out for actual service, be kept in A Tiouries at the following places : Quebec, Three-Rivers, Riv re-du-Loup (below), Sorel, St. John's, Montreal, the City of jttawa, Prescott, Kingston, Peterborough, Toronto, Guelph, Hamilton, London and Chatham. Ibid, a 71. 81. If there be at any such place no building adapted to be used as such Armoury, the Commmder in Chief may cau:( a proper building to be erected, at a cost not ex t'iii. three thousand dollars for each such building ; or ■.>. > .uj cause cnw public building or part thereof to be altered so as to ada.t it 'or such Armoury at a cost not exceeding one half the said suir . .Tud, s. 72. 8S. The Com:;, tnder in Chief may employ a proper person to havp charge .,i each sue s Armoury and of the arms therein, and rau} ca:.'^.' such pen on to be paid at a rate not exceeding three hundred dollars per annum, i&zd, s. 73. Ina. Til.' !rt'(l out ;li way II Nl. If t li»)n, i' is sntary Mi It to' the id second lay onh'i ly him an Iflicer auti uti.LK'rn A(Tl A S.I. \Vi ire on a m ift'T men juired, fur ig, and CI msion or lattulion 5m power i )r other 1 }urpose fr lorses, ca rhich sli such horsi 80. )r any 11 >n a mar| Ber comr )illet, ai khe said I luch mai Ind c\ y^T Militil -.g andf |&t(/, s 87. is ich s(l ich ►ntry, I rhose I 'daili kissiol Btuall r»<>p» in ihi. l«'XC«'|)t til,.,, Jpuni.HliirKni |i"n (»f su,.|| Chief mi, not apply il, I corninandcd senior of tw,, Iiijcsly's Re. all Militia Iho respective lisHion signed p in Canada, the date of sentenced to isertion to the my any gar- )ondt'nce with t'ourt Martial Commander [ny on full pay 70. riA. y Militia shall, erviee, be kept Three-Rivers, Ureal, the City ronto, Guelph, adapted to be lief may cau-e lot ex''"';i':u'.' :; or ,y itered so as to g one half the proper person arms therein, not exceeding :\ IHJI. The iirmn in f*iifli Arinoiirifs n's|M'4ioii, us the CommandiT in (Miicf iny order, — each man y;iviny a receipt for those rcireivi-rl ly him and security for their safe Ivcening and delivery to any Iflicer authoriztHJ to demsind th'in. MiW, s. 75. lilLLKTINU AND C.A STOSlSh I rtuOHH AND MII.ITIA WHKN ON ACTl'AI, SKRMOV \NM) » TRNI- Hl\(; C.\ HKI ACiKS, IIOHSKS, fi ' .. KOK Til I a THA.N'SI'OHT AM) ISK S,1. Wliuu ii-r Majesty's Reqular Forces or the Militia Wimt -imii i>o ire on a march within 'fii Province, and hilleted as herein- ""'""•'"^''"'y c. .• 1 1 I I I .1 • I II I ihoM! on whom Utf>r mentioned, iv<;ry householder therein shall, when re- ,i„.y arcbillei- luired, furnish them with house-room, lire and utensils for cook- ^' Ing, and candles ;— And in easels of emergency, by actual in- msion or otherwise, tlu' Ollicer commanditi!^ the R((giment, lattalion or Detachment of Troops or Militia, may direct and smpower any Ollicer or non-commissioned Oilicer of the same, )r other person, after havin?^ lirst obtained a warrant for such purpose from a Justic^e of the Peace, to impress and take such fmiucwinK lorsos, carriaf?es or oxen as the pcrvice may require, the; use of < iirri'iuc"! *^c., ivhich shall bo thereafter paid for at the usual rate of hire for ' such horses, carriages or oxen. Ibid, s. 70. 86. When the said Troops of Her Majesty, or the Militia, j„Miceoiiiie 3r any Regiment, Battalion, or Detachment of the same, are Penie t" iiiiiet jn a march as aforesaid, the olficer or non-commissioned Offi- ""comnwmi" Ber commanding them shall require a Justice of the Peace to im? (Wiccr. »illet, and such Justice shall immeuiately thereupon so billet |he said Troops ©»• Militia as to facilitate their march, and in ich manner as may be most commrovided with stabling and forage, [daily rate of twenty-five cr^au ; And every Officer or non-com- Proper Oflicei Mssioned Officer to whom it belongs to Wx^eiv(% (»r who does '° '*'j',^o?o(r- Stually receive the pay for any officers ur -oldiers, shall, every cersnndsol- liters out ol their pay, ice. Quarterins and billeting troop, &r., ill cantonmtnts. four days, or before they quit their quarters if they do not re- main so long as four days, settle the just demands of all housf'holders, victuallers, or other persons upon whom such officers and .soldiers are billeted, out t)f their pay and subsis- tence money, before any part of the said pay or subsistence money shall be distributed to them respectively, provided such demands do not exceed in amount their pay and subsistence money for the time, beyond which credit is not to bo granted. Ibid, s. 78. 88. When the sai'cty of this Province requires thai the said Troops of Her Majesty or Militia, or any Regiment, Battalion or Detachiiiout of the same should be cantoned in any part of this Province, any Justice of the Peace in the places where .such Troops or Militia are cantoned, shall, upon receiving an order from the Ollicer commanding them, or on a requisition from the Oiricer commanding any such cantonment, quarter and billet the Officers, non-commissioned Officers, Drummers and Privates of the said Troops or Militia, upon the several inhabi- tant householders, as near as may be to the place of canton- ment, avoiding as much as possible to incommode the said in- habitants, and laiiing due care to accommodate the said Troops or Militia. Ibid, s. 79. Complaint of persons ng- frievcd, hm\ 89. a greate If any inhabitant considers himself aggrieved by having grieved, .ind "■ B'^"^'^^'^' number of (he said Troops or Militia billeted upon him how redri.'-sud. than hc ought to bear in [jioportion to his neighbours, then on complaint being made to two or more Justices of the locality where such Troops or Militia are cantoned, they may relieve such inhabilnnt, by ordering such and so many of the said Troops or Militia to be removed and quartered upon such other person or pcr'^ons as they see cause, and such other person or persons shall i," :'eive such Troops or Militia accordingly. Ibidy .s. 80. 1 'i i If: H No Jnsiioc, 90. No Justice of the Peace having any Military Office or cer"fo''i)inet'or Commission in the said Troops or Militia, shall directly or quarter troops, indirectly be concerned in the quartering or billeting of any Officer, non-commissioned Olficer, or Soldier of the Regiment, Corps or Detachment under the immediate command of such Justice or Justices. Ibid, s. 81. 91. Nothini; in this Act contained shall be construed to authorize lite quiirlering or billeting of any Troops or Militia either on a march or in cantonment, in any Convent or Nun- nery of any Religious Order of Females, or lo oblige any such Religious Order to receive such Trdop** or Militia, or to furnish them with lodging or house room. Ibid, s. 82. .Tustice niQv 99. When any Troops of Uvv Majesty or any Militia [oftirnislircar'r '''"^ ^^* cantoucd as aforesaid, any Justice of the Peace riages, &c., where such cantonment is made, npon receiving an order to for troops. Troops not t( be billetetl upon Nuns. &e. % Hi t any Troc or oa any] imr ) not re- Is of all om such (1 subsis- bsistence (led such bsis'.ence \ the said Battalion ^ny part of jes where ceiving an requisition juarter and nmers and jral inhabi- of canton- he said in- said Troops d by having id upon him ars, then on ilie locality mav relieve of'the said )n such other ler person or dingly. Ibid, tary Office or indirectly or leting of any he Regiment, niand of such ; construed to ops or Militia nvent or Nun- blige any such a, or to furnish or any Militia of tl:e Peace ng an order to ,ha. effect fn-m '""Of'^S^ft^m^ll OfUci^'eomSiJ MUWa, or a '«J"'^;^;™ JTnd l> many -carriage- - "ay ^J, that cantonment, tor sut n Troops or Mintiar ■ "•*" h mo Item 10 fornixl, the '".ne for we^ ^^^^^ ,„ („„„,, |.;^^„_,„ „. Kt^arttT.ia'l rate of hire. ,>ni,'-^- ' V,on it is r same. ■nish. ing a requisition 'n ^v. ...^ ^- ^^^^ ^„a engines --^ ■ Troon'^ or Militia, for **u«'\/ f"; •;,,„ conveyance of the salt 3 wS W:'juri»c.u.,io„ r«pt,™g hnn ™ ^ ^ , ,e ,;«,;..£ Se»ameforthat«erv,ee atand..tle ^^^^ ^_ , Slowed by the '»'d J»;''«;'J^; i„e,, boat, or other <=.^ft,- hte for ^l"P^"^. imposed. I6td, s. 84. o »Nn PENALTIES. " • .a Officer of Militia of this U^W^. Anv Officer or Commissioned Office ^^^^^^ ^^ retam ^*^y : I or t., be appointed to uk . .,,.,,,„nc-es or mgtonvi.ua- ,4 Attv Omeer or Comm.ssioited Omee ^^^^^^ ^, r.,...^,. vtee anointed «. to ''V'''''Ss tmder false ,.rele.iees or ,n«,o— J- to h £l"i'-y Militia, -»'°^'„""r„ression, with intent to ■,U,„..„,. wh retains or keeps '» ' ;„^,".,' of the pay or moneys Ipply '" "■'» »*'" S "o,, tt^soned^offieerorprtvae of anj fesLir M£;. -rrv: (\s^.r.M. ". -- missed from the said Mill" 94 Pro to the wh( u Faiw -w^'ni- 9Si. Any |)er:son making an Affidavit or Declaration required jufy ' "^ ''^' i" ^"d by this Act, and swearing or declaring falsely therein, shall Ik- guilty of perjury. 22 V. (1859) c. 18, s. 19. Keliisul ti> make roll, tVc I'enaliv. Kel'iisiiis Ik ii.ssjsi ill iiKi Ic- ing rolls, \'('. 00. Any olliccr of Militia refusing or neglecting to make or transmit, as herein prescribed, any roll or return, or copy thereof, required by this Act or by any lawful authority, or wilfully making any false statement in any such roll, return, or copy, shall therel)y incur a |)(Mially t)f forty dollars for each ollence. IH V. c. 77, 's. 85. 97. Any oHicer or non-commissioned ollicer of Militia refus- ing or ncgleciing to assist his Commanding Olficer in making any such roll or return, or refusing or negUicting to ol)tain or to assist him in obtaining any information which he may rccjuire in order 1o make or correct any roll or return, shall tlierel)y incur a penalty of twenty dollars for each offence. Ibid, s. HG. Itefiisiiiy: io ffive iiilnrin.'i- tioii ("or nialc- iiiir roll, iVi-. 9H. Any Militiaman or oth(!r person refusing or neglecting to give any notice or information necessary for making or cor- n'cting the Roll of any Company, and which he is r(!quired by this Act to give to the Commanding Ollicer of such Com- pany t)r to any offic^er or non-commissioned olficer thereof de- manding the same at any seasonable hour and place, shall thereby incur a penalty of ten dollars for each offence. Ibid, s. 87." Nfgle-Miiiar lo <>0. Any Militia officer or man, not exempt from attending oI'nuiMmvm^^ nuisler, Avlio neglects or refuses to attend the same at the place ilierMi.Arc. and hour appointed therefor, or who refuses or neglects to obey any lawful order at or concerning such muster, shall thereby inciu- a penalty of not more than five dollars for each oH'ence. Ibid, s. 88. Hinclfrim;- litia at (Iri Mi- ll. l)i>olft'yiiii: (li'i- , \f. 100. Any person who interrupts or hinders any Militia at Drill, or trespasses on the bcmnds set out by the proper officer for such Drill, shall thereby incur a penalty of five dollars for each offence, and may be taken into custody and detained by any person by the order of the Commanding Officer, until such Drill be over for the day. Ibid, s. 89. * 101. Any officer, non-commissioned olficer or militiaman disobeying any lawful order of his superior officer, or guilty of any insolent or disorderly behaviour towards such olficer, shall thereby incur a penalty of fivt^ dollars for each offlsnce. Ibid, s. 90. ■ Noi laepiiif? 103. Any olficer, non-commissioned olficer or militiaman prmier onTe'r" ^"*'''*^ ^'^''^ '" keep any arms or accoutrements delivered or entrusted to him in proj)er order, or who appears at drill, parade, or on any other occasion, with his arms or accoutrements out of il^ 95 proper order, or unserviceable, or deficient in any respect, shall incur a penalty of four dollars for each such offence. /6»rf, s. 91 . 103. Any officer, non-commissioned officer or man of any yeilintr wiih- V'olunteer Company of Cavalry or Field Artillery, who, without {"'V'^'^^'Y't^ the consent of tlie Commanding Officer of such Company, sells amTapprov«l or disposes of any liorse which has been drilled for the purposes '•;'' ""V Troop, of such Company, or which he has undertaken to furnish for ''''' such purposes, and which has been approved by the Com- manding Officer of till! Company, shall thereby incur a penally of twenty dollars for each offence, jf/m/, s. 92. 104. Any person who unlawfully dis})o.^eo of or removes rniawfully any iirms, accoutrements or other articles belonging to the iii"posinj? oi Crown, or who refuses to deliver up the same when lawfii ly '""^' required, or has the same in his possession, except for lawful cause, (the proof of which shall lie upon him) shall thereby in- cur a penalty of twenty dollars for each offence ; — But this shall Nc^no prevent not prevent such offender from being indicted and punished for '"'"'""'"'• any greater offence if the facts amount to such, instead of being subjected to the penalty aforesaid ; — And any person charged Arrest oioi- with any act subjecting him to the; penalty imposed by tliis fender abmu section may be arr<'gted by order of «he Magistrate- before province. whom the complaint is made, upon affidavit shewing that there is reason to believe that such person is about to leav(» the Province, carrying any such arms, accoutrements or articles with him. Ibid, s. 93. 10*1. Any officer or man of a V'olunteer Militia Company volunteers re- who, when such Company is lawfully called upon to act in fusing to turn aid of the civil power, refuses or neglects to go out with such "Ivi/power. Company, or to obey any lawful order of his superior officer or of any magistrate, shall thereby incur a penalty of twenty dollars for each offence. Ibid, s. 94, 106. Any inhabitant householder who refuses or neglects to Kdusing to receive any Troops or Militia billeted upon him or to furnish rpr private of any Volunteer Militia Company shall be a competent witness in any such case, although the penally is applicalile to the pur- poses of such Company. Ihid, s. 99. 111. No prosecution against an Officer of Militia for any penalty under this Act shall bo brought except on the com- plaint of the Adjutant General ;™And no such prosecution against any non-commissioned officer or private of the Sedent- ary Mililia, shall be brought except on the complaint of tlie Commanding Officer or Adjutant of the Battalion or Captain of the Company to which such non-commissioned officer or pri- vate belongs, — And no such prosecution against any private or non-commissioned officer of a Volunteer Company, shall be brought except on complaint of the Captain or Commanding Officer thereof ;™But the Adjutant General may authorize any officer of Mililia to make such complaint in his name, and the authority of any such officer alleging himself to have been so authorized to make any complaint, shall not be controverted or called in question except by the Adjutant General. Ibid., s. 100. 111!}. No such prosecution shall be commenced after the expiration of six months from the commission of the offence charged, unless it be for unlawfully buying, selling or having in possession arms or accoutrements delivered to the Militia. [bid, s. 101. 113. The penalty when recovered siiall, if the offender be- longs lo the Active or Voluntcn- Militia, be paid over to the officer commanding the company, for the purposes thereof, and shall be applied liy him to such ])urposes and accounted for by him to the Adjutant General ; and if the offender belongs to the Sedcntiiry Militia, then the same shall be paid over to the Assistant Adjutant General, who sliall account for and pay it over to the Receiver General for the public uses of the Pro- ll 27 , „t of the Consolidated Revenue vinccandit .hall make pan of ih^ Fund. Ifndy **• *"^- M.SCEI.UANi:O.S ..HOV.«.ON«. l«, nf notice un- Onlcrs and , t4 1, .hall not be necessary ^h^ -f J^trc^quired, that nouc^^neea **,?• 1m he in writing, ""^''^^ '.^ '*,„Tin the person who in,,.ig.vcn m der this Act be m ^ . J" j^municated to "^^ J'^, . ^y,e !«»''"• officer or person making h Gazette purporting to corn^ ^ ^^^ dence of such oraer.. Kesimentai ot , . rttiP rommanding Officti ol a i>^ BauMionOr- « ••• ^" °£ SSuol^ twT*a« be '.eW .0 be .* ...» .. posting a copy "^ ^^^,^,. place m caci i Urt-house, ^"; '7^;:^,nal or Battalion dm^ion. division in such Keginu.i '•^^^' , ^,^u.ion or appointment, war- Eviden^^^^^^^^^ 111 The production ot a ^o^^^^^^^^^ ^^ted or made^ ac- ;,„,„,., &c. wording to /»^f^ P' ^.^mission or appointment, w ^^^rity of ,he P^-^P^S KM, shoe. , ,8 Every bond u, .he C'own e„.e^d u«o by^my J^^^^^ ,,^.„^ Judge or Justice «/,;*;", ^^ ^^ ;^^^ ,^^y be estreated or take the same, shall DC accordingly. ibtrt,s. i • .vnnmtion sumsofmo- Protection oi' olTircw, &o., I piinimnun of tliiH Act, — Limitntioii ot action. TcmliTol U'plninlil] be noii-smt, \'i.-. Mo (M.st.-- aguiiist dt'- reiulunl t'Xi-ppt Willi approval of. I Hike. 28 i'^O. Kvery action and prosecution against any Officer or nerwon, for any thing done in pursuance of this Act, shall be laid and tried in Lower Canada in the district, and in Upper (v'anada in the county, where the act complained of was done, and .shall not he connnenced after the end of six months from the doing of such act, nor until one month's notice in writing of the action and of the cause thereof has been given to the defendant ;— And in any such action the defendant may plead (he general issue and give this Act and the special matter in evidcMice at the trial ;— And no plaintifi' shall recover iu any ^f the Consolidated Revenue Fund until first approved of by rt^solution of the Legislative Assembly in the annual esti- mates. Ibid, s. 111. ^ ItBil. A detailed account of all moneys advanced or expend- ed under this Act shall be laid before each Branch of the Provincial Parliament within fifteen days after the opening of the then next session thereof. Ibid, s. 112. ! luterpanation. J ntorpretaiion clause. I'ZA. The Interpretation Act shall apply fo all regulation?, orders and articles of engagement lawfully made or entered into under tliis Act. Tb'd, s. 114. t^ii. The word " Corps " shall, for the purposes of this Act, include any Field Battery, Troop of Cavalrj-, Foot Company of Artillery or Rifie Company, or any Battalion or Regiment. 22 V. (1S59) c. 18, s. 20. 29 196. The Acts 9 V. c. 28,-13, 14 V. c. 11,— 4, 5 V.r. 2,- J'£f;i"J,"*^ 12 V. c. 88 and 12 V. c. 89~having been repealed by the Act wpe^icd^ ' 18 V. c. 77,— all Acts and Laws repealed by the said Acts or any of them shall nevertheless remain repealed ;-~And all oflences committed against them or any or them before the said Act 18 V. c. 77 came into force, shall be prosecuted and pun- ished, under the said Acts and Laws, which shall remain in force as to such offences. 18 V. c. 77, s. 1. Quebec: — Printed by S. Derbishirk & G. Desbarats, Law Printer to the Queen's Most Excellent Majesty.