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This item is filmed at the reduction ratio checked below/ Ce document est film6 au taux de reduction indiquA ci-dessous. 10X 14X 18X 22X 26X 30X J 12X 16X 20X 24X 28X 32X Th« copy fiimad h«r« has b««n r«produc«d thanks to tha ganarosity of: Seminary of QuelMC Library L'axamplaira filmA f ut raproduit grica k la gtn^rosit* da: Siminaire de QuAImo Bibliothkiue Tha imagas appaaring hara ara tha bast quality possibia consldaring tha condition and lagiblllty of tha original copy and in kaaping with tha filming contract spacif ications. Original copiaa in printad papar covars ara filmad baginning with tha front covar and anding on tha last paga with a printad or illuatratad impras- sion. or tha back covar whan appropriata. All othar original copias ara filmad baginning on tha first paga with a printad or illuatratad impraa- sion, and anding on tha last paga with a printad or illuatratad imprassion. Las Imagas suivantas ont At* raproduitaa avac la plus grand soin, compta tanu da la condition at da la nattat* da I'axamplaira film*, at an conformity avac las conditions du contrat da fllmaga. Laa axamplairaa orlginaux dont la couvartura an paplar aat imprim^a sont filmto an commanpant par la pramiar plat at an tarminant soit par la darnMra paga qui comporta una amprainta d'Impraaslon ou d'illustration, soit par la sacond plat, salon la caa. Toua las autraa axamplairaa origlnaux sont filmte an comman9ant par la pramMra paga qui comporta una amprainta d'impraaaion ou d'illustration at an tarminant par la darnlAra paga qui comporta una talla amprainta. Tha last racordad frama on aach microflcha shall contain tha symbol — »> (moaning "CON- TINUED"), or tha aymbol y (moaning "END"), whichavar appliaa. Un daa symbolaa suivants apparaftra sur la darnlAra imaga da chaqua microflcha, salon la cas: la symbols — ► signifia "A SUIVRE", la symbols y aignifia "FIN". Maps, platas, charts, ate, may ba filmad at diffarant raduction ratioa. Thosa too larga to ba antiraly includad in ona axposura ara filmad baginning in tha uppar laft hand cornar. laft to right and top to bottom, as many framaa aa raquirad. Tha following diagrama illustrata tha mathod: Las cartas, planchas, tablaaux, ate, pauvant Atra filmia A daa taux da rMuction diff Arants. Lorsqua la document aat trop grand pour Atra raproduit an un saul clich*. 11 aat film* * partir da I'angia supAriaur gaucha, da gaucha * droita, at da haut an bas, wr\ pranant la nombra d'imagaa n*caaaaira. Las diagrammas suivants iilustrant la mAthode. 1 2 3 1 2 3 4 5 6 ?^ ,/s^^^^ M* Ah Act to regulate tlil^^!B|iUtia of this Province, and to repeal the Acts novir in force for tliat purpose. WHEREAS it is eOrpedicnt to repeal the Acts relative to Jhe Militia of this Province, with a view to the amendment and aduptutiori to the actual position and cI' cumstiincc9 of the Country, and to their re-enactment aa ^^\ amended : Be it therefore enacted by the Queen's INfost '.5^ Excellent Majesty, by and with tlie advice and consent of the „-^> .^ kLegislutive Council and of the Legislative Assembly of the ■5?yProvince of Canada, constituted and assembled by virtue of i-^t and under the authority of an Act passed in the Parliament of i'\^/^ the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the ProviniTS of Upper and Lower Canada, and for the (rovcrnment of Canada, and it is hereby enacted by the autlwrity of the same, as follows : " a * I. The Act passed in tlie ninth year of Her Majesty's Reign, and intituled, An Act to repeal certain Laws therein mentioned, to provide for the Initler defence of this Province, and to regulate the Militia thereof ; and the Act passed in the Session held in the tliirteenth and fourteenth years of Her Majesty's Reign, and intituled, An Act to continue for a limited time therein mentioned, the Act for the better defence of the Province, and to regulate the Militia thereof ; and the Act passed in the Session held in tiie fourth and fifth years of Her Majesty's Reign, and intituled. An Act to amend the Militia Law of that part of this Province formerly constitutin<^ the Province of Upper Canada ; and the Act passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to amend the Militia Law of this Province, in so far as regards the enrolment of, and fines iniftosed upon Quakers, Me,ino-'^s and Tunkfrs ; and the Act passed in the year of Her Mi. s Reign last aforesaid, and intituled, An Act to alter the day hich the Militia shall annually assemble for muster and discipline in Upper Canada, shall be and the said against them or any of them before \\\h. Act shall come into force, sliall and may l)e prosecuted and punished after this Act shall come into force, under the said Acts and Laws, which shall remain in force as to sucii offences. II. The Governor or other person administering the Govern- ment of this Province, for the time being, siiali, by virtue of liis Office, be Conmiander in Chief of the Provincial Mditia, III. The Provincial Militia shall be divided into two classes, Sedentary and Active. '^.' -% ■i4 •n'- 1' ■'••flW."" wmmmni^ TT" mm m i SKDENTARY MILITIA. IV. The Sedentary Militia shaU. consist of all the mal* inhabitants of the Province of the ago of eighteen yean or upwards and under sixty, not exemilted or cUaquahfied by law. V. The Sedentary Militiamen shall be divided into two classes, to be called respectively Service men and Reserve men ; the Service men shall be those of eighteen years of age and upwards, but under forty years, and the Reserve men shall bo those of forty years of age and upwards, but under sixty years. VI. In time of peace, no actual service or drill shall be re- quired of the Sedentary Militia, but they shall bo carefully en- rolled from time to time ; and the Service men not exempted from muster, shall also assemble for muster annually, at such place and hour, in such manner and for such purposes, as the Commanding Officer of each Battalion shall direct with respect to each Company therein ; the muster day being in Lower Ca- nada the twenty-ninth of June, and in Upper Canada the Queen's Birthday, or if that day fall on a Sunday, then the day next thereafter., VII. The following persons only between the ages of eighteen and sixty as aforesaid, shall be exempt from enrolment and from actual service in any case : — The Judges of the Superior Courts of Law or Equity in Upper and Lower Canada ; The Judge of the Court of Vice-Admiralty ; The Judges of the Circuit and County Courts ; The Clergy and Ministers of all Religious denominations ; The Professors in any College or University, and the persons known as Les Fr^res de la doctrine Chr6tienne ; The Warden, Keepers and Guards of the Provincial Peni- teutiary. And the following, though enrolled, shall be exempt from attend- ing muster and from actual service at any time except in case of war, invasion or insurrection : — ' The Reserve Men ; The Members of the Executive and Legislative Councils ; The Members of the Legislative Assembly ; The Officers of the said Councils and Asi^embly respectively The Attorneys and Solicitors General ; The Provincial Secretary and Assistant Secretaries ; All Civil Officers who shall have been appointed to any Civil OfHce in this Province under tlic Great Seal ; All persons lawfully authorized to practice Physic or Surgery ; All Advocates, Barri.stcrs, Solicitors and Attorneys ; Notaries in Lower Canada ; Half-pay and Retired Oiliccrs of Her Majesty's Army or Navy ; Sit^Jwii: j^::- — r \ m t# Poslmaslcrs and Mail Carriers ; Seafaring Men actually employed in tlicir calling; Masters of Public and Common Schools ; Ferrymen ; One Miller for each run cX. stones in every Grist Mill ; Keepers of public ToU-Gates ; Lock Masters and Labourers employed in attending to Locks and Bridges on public Canals ; The Engine Drivers, Conductors and Switchmen connected with the several Railways actually in use in tliis Pro- vince ; Members of Fire Companies and of Hook and Ladder Com- panies ; Jailors, Constables and Officers of Courts of Justice, not being such solely by virtue of their being non-commissioned Officers of Militia ; Students attending Seminaries, Colleges^ Schools and Acade- mies, who have been attending such at least six months previous (o the time at wliieh they claim such exemption ; All Persons disabled by bodily infirmity. All persons bearing Certificates from nant Colonel of Militia; Captains in the I'rovineial Marine shall rank as Majors in the Militia, and liieutenauts as Captains in the same. XXIV. The said Marine Ctunpanies shall Ix; armed in tatcli manner as the Connnandcr in Chief shidi direet, and shall be trained and drilled as well to the use of small arms, as in the management of f^nn boats and vessels and the work- ing of great guns on board vessels. XXV. In each Militia District there rrray be formed a Vo- lunteer Comj)any of Engineers, to consist of a Captain, a Lieutenant, a Second Lieutenant, and such number of men not exeeeding seventy-five, us the Governor may direct : but su(;h Companies »liall not be »ul>ject to drill or to service in time of peace. XXVI. All Volunteer Companies shall bt tend to further the purposes of this Act anJ the public gcKxl. XXVII. The arms and acconlrements of tFie ofTieers and men of the several V^oluntcer Companies, shall l)e such as tlic Commander in Chief shall from time to time direet, but of the best and nu)st serviceable kind, without unnecessary ornament ; such arms and accoutrements shall be furnished to the non- commissioned ollieers and |>rivates of the said Volunteer Corps at the exi)en8e of the Province, but sliall always remain Pro- vincial projx'rty, and the i>arties receiving them shall be ac- countable for them ; and the Commander in Chief may direct such security as he may think proix^r to be taken for the safe- keeping in good order of such Arms and Accoutrements, and the re-delivery thereof to such OHicer as may be appointed to receive them, whenever tlie Commander in Chief shall for any purpose direct such re-delivery. ^' XXVIII. The said arms and accoutrements shall })c renewed and kept in repair at liie cost of the Province, whenever such re- newal or repair shall become iiew'ssary from wear in service or other cause than the fault or negletU of the |H;rson having charge therrof, in which last named case they shall be renewed or repaired l)y such |)erson, or, if renewed or repaired at the cost of tiie Province, the cost may l)e recovered from such person as a debt due by hinj to the Crown. XXIX. The arms and accoutrements of non-commissioned ofH- cers and men of Volunteer Com|)anies shall i)e kept Ijy them, ex- cept in cases where the Commander in Chief siiall direct them to be kept in Armouries, as he may do; in which case, if there bo no I'ublic Armoury in which he shall direct them to be kept, the iftjii^'s***-* Ciipttiin of tliR Company sliiill providn n nropor pliuM», nnd may hi! iilluwcd aniiimlly ii Mtim imt »'\ti'(Hliim[ five poiiiid^ Tor ho r in such nrliclc«, fo nxu'h nurt nit iiiiiy he tliiTfiii (Itrcctt'd, XXXVI. SuHlcii'iit aiiiiiiiinilioM lor pniclicc at drill mIuiII he Hii|>|)lic(l tt> tlu' V(iliiiilc«'r ("oiiipanii't at tin- fxiHnsc of tlur Province, in niu-Ii manner im tliu Cuiiiinandiir in Ciiiof hIiuU ilirt'cl. XXW'II. K.ac'h Serjeant Major of a Volunteer Field Ilatleryof Artillery shall, on aeeoiint «)f the ^^'reat re^^iMtnsiitility attaelied to the t)Hiee, he paid by the Province at the rate ol lilty )>onnds per aniniin ; and e«)inpelent persons shall he appointed l»y the CoiuMiander in Chief to drill tlw «»lher N'olniiteer Com- panies, and shalli>e paid iiy the I'rov inee seven shillings und »ix pence currency per diem, when ho employed. XXXVIII. The said Vohmtoi.'r Companies slinll heiiahlo tohc called out in aid of the ordinary Civil power incase of riot «)r other emergency requiring such services, and shall when soemplovecl receive from the Muuicipality in which their services shall ho re(|uired, iIk; ratet* of pay ahovu mentioned, and u further sum of two shillings and six pence per man per »lietn for additional expenses, and shall be also provided with proper lotlging l)y such .Municipality; and the said sums, and the value of siieii lodging if not furnished by the Municipality, may be recovered from it by the Captain of the Company, in his t>wn name, and when received or recovered shull bo paid over to the OlUceis and men entitled thereto. XXXIX. It shall be the duty t>f the Captain or Odicer r till- MMiiic ; tior rtliiill lir, iil iiiiy tiiiic, Inivt! tlir hatiio corilriiry l4) tin- cii^iii^'ciiitiil i-oiilaiiu'd iininy iirlK'U'H ulfiiguf^u- liK'iit lie rtliatl have signed. \IA\. TIk^ Hfvcral Volunteer ('onipanicH, hIuiII Ik* Niihjoct to iiis|)c('lioii Iroiii liiiii; to time hy Kidil Ollict-rs to !>«■ a|i|)oiiit*>(| by the ('oiiiiiiaiKhT in (Miifl lor that purpose, one lor Upper and out! tor Lower Canada, and paid hy the I'roviiiee, wlio sliall report luily to the (lovernoron the stale orNueli corps and tiit^ir arms, and act generally aeeording to the instrnetions they shull reeeivi; t'roin the (Joiuiuander in Cl'.iet, and hIuiII be paid hy the Province at the rate of lour hundred |i( unds per uimuin uueh, und reiiiil)ursed their travelling expeUic.M, UENRRAt. l>KOVI8IONII. }(I, sliall be subject to the Articles of war and to the Act for punishing Mutiny and desertion and all other Laws then applicable to Her Majesty's Troops in this Province, and not inconsistent with this Act : except that no Militiaman shall be subject to any corporal punishment except death or imprisonment, for any contravention of such laws ; and except also that the Commander in Chief may direct that any pro- visions of the said laws shall not apply to the Militia. LXVIII. Any body of Militia so called out shall be command- ed by the Oilicer highest in rank then present, or the senior of two or more Ollicers of ecjual rank ; Ollicers of llor Majesty's Regular Army shall always be reckoned senior to all Militia Ollicers of the same rank, whatever be the dates of the res- pective commissions ; and Colonels appointed by Commission signed by the Commander of Her Majesty's Ut^gular Forces in Canada, 'all command Colonels of Militia, whatever be the d'Jite of their respective Commissions. LXIX. No Militia Oilicer or Militiaman shall bo sentenced to death by any Court Martial excej)t for mutiny, desertion to the enemy, or traitorously delivering up to the enemy any garrison, lortress, post or guard, or traitorous correspondence ,;s.i- with tlie enemy ; and no sciitenco of any General Court Martial shall be carried into ellect until approved by the Commander in Chief. LXX. No Offie^- ' any Militia Court M •il er Majesty's regular army shall sit on ARMAMENT OF SEDENTARY MILITIA. LXXI. The arms and accoutrements for the Sedentary Mili- tia shall, when such Militia is not called out for actual service, be kept in Armouries at the followinj^ places : Quebec, Three- Rivers, llivi^re-du-Loup (below). Sore), St. John's, Montreal, the City of Ottawa, Pres(!ott, Kingston, Pciterborough, Toronto, Guelph, Hamilton, London and Chatham. LXXIF. If there be at any such place no building adapted to be used as such Armoury, the Commander in Chief may cause a proper building to be erected, at a cost not exceeding seven liundred and Hfty pounds for each such building; or he may cause any public building or part thereof to be altered so as to adapt it for such Armoury at a cost not exceeding one half the said sum. LXXIII. The Connnandcr in Chief may employ a proper person to have charge of each such Armoury and of tlie arms tiierein, and may cause such person to be paid at a rate not exceeding seventy-five pounds per annum. LXXIV. The arms in such Armouries respectively, shall be delivered out to the Sedentary Militia called into actual service, in such way as the Commander in Chief shall appoint. LXXV. If there be any Militia division in which, from its position, it shall not be deemed advisable to have the arms of the Sedentary Militia kept in an Armoury, such arms may be delivered out to the enrolled service men of the first class or of tlie first and second classics in such division, as the Commander in ("iiief may order, eiicii man giving a receipt for those received by him and security lor their safe keeping and delivery to any Oificer authorized to demand them. BILLETING AND CANTONING TROOPS AND MILITIA WHEN ON ACTUAL SKHVICE, AND FURNISHING CARIUAOES, HORSES, &C., FOR THEIR TUANSl'ORT AND USE. LXXVf. When Her Majesty's Regular Forces or the Militia, shall be on a march within this Province, and billeted as herein- after mentioned, every hoiiseiiolder therein shall, when re- quired, fnrnisli them wilh house-room, fire and utensils for cooking, and candh-s ; and in cases of emergency, by actual invasion or otherwise, the Otlieer commanding the Regiment, Battalion or Detachment of Troops or Militia, may direct and emi)ower any Ollicer or non-commissioned Olfieer of the same, I '( / Li H^ K, or other person, iifter having first obtained a warrant for such purpose I'roni a Justice of the Peace, to impress and take such liorses, carriages or oxen as the service may require, the use of whicli shall be thereafter paid for at the usual rate of hire for such horses, carriages or oxen. LXXVII. When the said Troops of Iler Majesty, or the Militia, or any Regiment, Battalion, or Detachment of the same, are on a march as aforesaid, the OlHeer or non-commissioned OfUcer commanding them shall require a Justice of th<' Peace to billet, and such Justice shall immediately thereupon so billet the said Troops or Militia as to facilitate their march, and in such manner as may be most commodious 1o the Inhabitants ; and every inhabitant house- holder shall receive the Troops or Militia, so billeted upon him, and furnish them with the lodging and articles men- tioned in the next preceding section. LXXVIII. No Oifieer shall be obliged to pay for his lodging where he shall be regularly billeted -/but each householder upon whom such soldiers are billeted shall receive from Government for each non-commissioned Otficer, Drummer and Private of In- fantry, a daily ral(^ of six pence, and for eacli cavalry soldier, whose horse shall be also provided with stabling and forage, a daily rate of fifteen pence ; and every Ollicer or non-commis- sioned Ollicer to whom it belongs to receive, or who does ac- tually receive the j)ay for any ollicers or soldiers, shall, every four days, or before they shall (juit their (juarlers if they shall not remain so long as four days, settle the just demands of all householders, victuallers, or other persons uj)on whom such ollicers and soldiers are billeted, out of their pay and subsis- tence money, b(>fore any part of the said pay or subsistence money shall be distributed to them respectively, ])rovided such demands do not exceed in amount their pay and subsisttmce money for the time, credit beyond which is not to be granted. LXXIX. When the safc^ty of this Province shall re<|uire that the said Troops of Her Majesty or Militia, or any Jtegiment, Battalion or Detachment of the same should be cantoned in any ])art ol' this Province, any Justice of the Peace in the places where such Troops or Militia may be cantoned, upon receiving an order from the Ollicer commanding them or on a requisition form the Officer commanding any such cantonment, may quarter and billet, and the said Justice is hereby required to (]narter and billet the Ollicers, non-commissionetl Ollicers, Drummers and Privates of the said Troops or Militia, upon the several inhabitant householders, as near as may be to the place of cantonment, avoiding as much as jjossible to incom- mode the said inhabitants, and taking tine care to acconnno- date \]h'. said Troops or Militia. LXXX. If any inhabitant shall consider himself aggrieved by liavinga greater number of llie said Troops or Militia billeted iij)on him than he ought to bear in |(roporlion to his neighbours. IM' thi-n on complaint being made 1o Iwo or more Justices of the locality wlicre hucIi Troo|)S or Militia shall be cantoned, they may and are hereby authorized to relieve such inhabitant, by ordering sueii and so many of the said Troops or Militia to be removed and quartered ujion suoh other person or persons as they shall see cause, and such other person or persons shall receive such Troops or Militia accordingly. LXXXI. No Justice of the Peace having any Military Office or Commission in the said Troops or Militia, shall directly or indirectly be concerned in the quartering or billeting of any Oilicer, non-conmiissioncd Ollieer, Soldier or Soldiers of the Uegiment, Corps or Detachment under the immediate command of such Justice or Justices. LXXXII. Nothing in this Act contained shall be construed to authorize the ((uarteriiig or billeting of any Troops or Militia cither on a march or in cantonment, in any Convent or Nun- nery of any Religious Order of Females, or to oblige any such Religious Order to receive such Troops or Militia, or to furnish them with lodging or house room. LXXXIII. When any Troops of Her Majesty or Militia or any part of them, shall be so cantoned as aforesaid, any Justice of the Peace where such cantonment is made, upon receiving an order to that cilbct from the Officer commanding the said Troops or Militia, or a requisition in writing from the Offi- cer commanding that cantonment, for such and so many carriages as may be requisite and necessary for the said Troops or Militia, is hereby required to issue his War- rant to such person or persons as may be possessed of carriages, horses or oxen, within his jurisdiction, requiring him or them to furnish the same for the service aforesaid, and if he refuse to furnish the same after receiving such Warrant, they may be impressed and taken for such service ; but no such carriage, horse or ox, or any carriage, horse or ox, men- tioned in the previous sections of this Act, shall be compelled to proce(t any priviile or non-commissioned ollicer of a Vohiiiterr Comjiany, shall be brought except on complaint of the C'aj)tain or Commanding Ollicer thereof : but the Adjulant General, m;iy authorize any ollicer of Militia to make such compbiint in his name, and the authority (jf any such olIiciT alleging himself to have been so autliori/edto make any complaint, shall not be controverted or called in question except by the Adjutant General. CI. No such prosecution shall be commenced after the expi- ration of six months from \Uv. commission of the ollenee chorjr" t nnloss it lio for nnl.iwfiilly buying, selling or having in pc;; ,' sioii iirins or iiccoulrt'i.ic'nt.s dulivorcd to tlu; Milititi. CII. Tlio |)L'n!ihy wiicn rccovori'd wluill, if tlin ofTcnder belong to till' Active or Voliinleer Mililiii, he |)iiid over to llio oliirer eomiiiJindiiig llie ("oiiipiiiiy, for tlit; purposes liu-n'of, niul fijiull be apj)iied by iiiiii to Mieli pulpo^<(•.s iiiid iieeoiuited for by liim t(t the Adjiitiint Ci('uerai ; and if the oileiuler belong to tho Sedentary ISIilitia, then the same sliall l)e paitl over to tho As.si.stant Adjutant (Jeneral, who whall aeeoiuit for and pay it over to the lleeciver (General for die piiblie uses of (he I'rovinee, and it shall make part of the Consolidated Revenue Fund. MISCE^LANKOUli PBOVISIONS. CHI. It siiall not be nec^essary that any order or notice under this Act be in writing, unless it i^ herein jjrovideil that it shall be so, provided it be eouiniunieated to the person who is lo obey or be ijound by it in person, either dinntly by the ollieer or person malung or giving it, or l)y some other by his order. CIV. All General Orders of Militia, or other Mililia Orders issued through or by tiie Adjutant Oeneral, shall lie held to bo sudieiently notified lo all persons whom they may eoneern, by their insertion in tiie Canada Cazette, and a eopy of the said Gazetic purporting to eontain them shall bnprimujuck cvidenco of sueli orders. CV. All Orders made by the Conininnding OlTicer of a ISIi- litia, Regimental or Uatlalion division, shall be held to be sulli- ciently notified to all persons whom it may concern, by their insertion in some newspaper pul)lislied in sneh division, or, i£.. then! be none, then in some neighbouring division, and by posting a eo[)y thereof on the door of the ('Imreh, or,»f"somo Court-house, Mill, or other ])ublie place, in eacii Company division in sueii Regimental or Battalion divisioii. CVI. Tiie produetion of a Commission or appointment, war- rant or order in writing, purporting to be granted or made ac- cording to the provisions of this Act, shall be /jiimd facie evi- dence of siutli commission or appoinlment, warrant or order without proving the signatiu'c or setil thereto, or tho authority of the person granting or making such comirission, appointment, warrant or order. CVII. Every Bond to the Crown which may be entered into by any person under the autiiority of this Act, or according to any Getu'ral Order or Regulations made under it, or for the purpose of seeuriiig the iiayinenl of any sum of money, or the p3rlormance of any duty or act hereby rocpiired or aulliorized, befort; any Judge or Justice of the Peace, or ollieer therein authorizi'd to take the same, shall be valid, and may be estrialed or enforced ac(;ordingly. ■*,'''**»hall be e(|iiivali'iU to the (laiuau;es (h)ae to any arms or other property of the Crown ii^ed tor Militia pnrpoiseM, Nhall bu a debt due t«) the Crown, and may be reeovered in uny manner in whieii mn-U debts may be reeoven-d. CIX. Every aetion and prosecution against any Oflieer or perst)n, for any thing »ione in |»ursuan(<' of this Ael, shall bo laid and tried in Lower Canada in tiie Dislriet, and in Upper Canada in the County, where aet complained ol wastlone, and shall not be commenced alter ihu end of six monthii from thu doing of such aet, nor until one eulendar month's notice in writing of the aetion and of the cause thereof shall have been given to the defendant ; anil in any such action the defendant may plead the g