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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 sai<l Acts
are hereby icpealed ; but all Acts and Laws repealed ])y the
said Acts or any of them shall nevertlieless remain repealed ;
an»i all offences eommitt»>d 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.
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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 ;
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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 <he Society of
Quakers, Mennonists and Tunkers, or any Inhabitant oi this
Province, of any Religious denomination, otherwise subject to
Military duty in time of peace, but who from the doctrines of
his Religion, shall be averse to bearing arms, and shaU refuse
personal Military Service, shall be exempt therefrom.
But such exemption shall not prevent any person from serving
or holding a Commission in the Militia, if he desire it and be
not disabled by bodily infirmity : And no person shall have the
benefit of such exemption, unless he shall, at least one month
before he shall claim such benefit, have filed his claim thereto,
with his affidavit before some Magistrate of the facts on which
he rests his claim, with the Commanding Officer of the Company
within the limits whereof he resides : And whenever exemption
is claimed, whether on the ground of age or otherwise, the
burden of proof shall always be upon the claimant.
VIII. With a view to actual service in case of war, invasion
or insurrection, the Service men shall be divided into two
classes, to be called respectively, first class Service men and
second class Service men ; the first class to consist of unmar-
ried men and widowers without children, and the second class
of married men and widowers with children.
IX. When the Sedentary Militia are called out in case of war,
invasion or insurrection, those first taken for actual service, shall
bo volunteers from fhe Service men, then tiie first class Service
men, then the second class service men, and lastly the Reserve
men.
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X. The C()mmand(!r in Cliief shall have power from time to
time, by any Militia General Order, to divide the Province
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irrto rigFitPon Militnry Districts, to be (TosipnntofT ns Fir shnl!
see lit, nine to bo in IJpiier Cantiilji and nine in Lower Canada.
XI. The Coinnmnder in Chief shall have |)o\ver from time
to time, by any Militia (irnerul Order, to divide the Military
Distriels respectively into llef^iiucntal divisions, and the llcgi-
raental divisions into Uattalion divisions, and to desi«^nate sucli
divisions by such names or numbers as he shall see iit.
XIF. The Militiamen resident in each Hattalioii division,
fihall form a Jiattalion of the Ueyiment of the Ke^imental
division in which it lies, and nil the lijittalions in any Uegi-
mental division shall form the Regiment thereof.
XIIF. To each Military District a Colonel shall be a|)|H)inte(l
who shall connnand the Militia in such District, and to each
Battalion a Lieutenant Colonel, and such number of Major*
and Regin)en1:il SUiHOillcers as may be deemed necessary.
XIV. Each Lieutenant Colonel shall have power, by any
order made with tlit^ approval of the Colonel of the Military
District, from time to time to divide his Battalion division into
Company divisions, each containing, as nearly as may be con-
veniently practicable, not less than fifty nor inore than seventy-
five resident Service men ; and the Militiamen resident within
each Company division shall form a ComiKmyofthe Battalion.
XV. All now existing Militia divisions shall remain in force
until altered as aforesaid, and such of them as shall be allowed
to remain unaltered shall be held to have been made by the
proper authority under this Act, and for the purposes thereof.
XVI. To each Company of Militia there shall be appointed
of Commissioned Officers, a Captain, a Lieutenant, and an
■Ensign; and of non-Commissioned OlTiccrs, three Serjeants and
three Corporals.
XVII. Tl'.e enrolment of the Sedentary Militiamen shall be
made in each Company division by the Captain thereof, with
the assistance of the Officers and non-commissioned OJlieers of
the Company ; and it shall be the duty of tiie Ca|)tain, and, under
his orders, of the other O (lice rs and non-cammissit)ned Oiiicers
of the Company, by actual enquiry at each house in the Com-
pany division, and by every other means in their power, to
make and keep at all times a correct Roil of tlie Company in
.such form as shall be directed l)y the Adjutant General.
XVMI. !t shall also be the duty of each man liable under this
Act tobc enrolled in any Company, and not so enrolled, to give
in his name, age and |)lace of re^idciiee, in writing, to the Cap-
tain or Ollieer commanding such Couipiuiv, within twenty days
after he shall become so liable, whether by the passing of this
Act, the alteration of any Militia division, change of residence,
or otherwise howsoever.
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XIX. 'Hif Odicnrroininiiinling a C()ini)any of tlic Sfdontiiry
"Mililiu shall williiii twonty (hiyn alter the aiimial muster day for
snch Company, make out acorriHrtcd Roll (lu'rcof, and trannmit
u certified copy thereof to the Ollicercouunanding the liattiilion,
who, within forty days after such mu.stt^r, shall forward a correct
Jleturn of the Hatlalion under his command to the Assistant
Adjutant General of the Military District, to be hiid before the
Colonel commanding the same ; ami the said Return shall then
b(! transmitted by tlu! Assistant Adjutant CJeneral, under the
■orders of the said Colonel, to the Adjutant Gcueru! ut lleud
Quurtt;rs.
XX. Each Company Roll sliall be corrected from time to
time as changes occur which ali'ect it ; and eveiy householder
and resident in the Company division, and every Assessor, Town
Clerk, or other Municipal Ollicer, sliall be at all times bound
to give to the Commanding Odicer or any Officer or non-commis-
sioned OfJioer of the Company, such information as may be re-
quired to make such corrections, and to answer all such questions
as any of them may pertinently put to hiuj for the purpose of ob-
taining such information : and every Militiaman shall be bound
to inform the Officer commanding the Company, in writing,
of any change of residence ov other circumstances affecting such
Militiaman, by which the Roll of any Company shall be aflectcd,
whether such Militiaman shall come into or leave the Company
division for Aviiith the Roll is made.
ACTIVE oil TOLUNTEER MILITIA COMPANIES.
XXI. The Active Militia o^" the Province in time of peace,
sliall consist of Voluntt;erTi(K)ps of Cavalry, field Batteries, foot
Companies of Artillery, and Companies of infantry armed as
Ridemen, to Ijc formed at places to be designated by the Com
inander in (3liief, Imt not exceeding in the wliole sixteen Troops
of Cavalry, seven (ield IJattc^ries of Artillery, five foot Companies-
of Artillery, and fifty ("oinpanics of Riflemen : the total of such
Volunteer Corps not exeeeding five thousand Oflicers and Men.
XXII. Each Volunteer Troop of Cavalry, Company of Foot
Artillery, or Company of Riflenien, shall consist of a Captain, a
Lieutenant, a Cornet, Second Lieutenant or Ensign, three Sei
jtMints, three Corporals, a Trumpeter or fiugler, and not exceed-
ing forty-lluee Privjites, except in Companies of Ridemen
wlierein the number of Privates may be any nuinher from forty-
three to seventy-five ; and each Field Battery of Artillery shall
consist of a Captain, two first Lieutenants, a Second Lieu-
tenant, a Serjeant Major, three Serjeants, three Corporals, tlirtie
Boiniiardiers, a Trumpeter, a Farrier, fifty-nine Gunners nnd
Drivers, including Wheelers, CoUarmaker and Shoeing-sniitli,
fifty-six horses, exclusive of Ollicers' horses, and of four spare
horses when the Battery is called into actual service.
XXI II. A Volunteer Marine Company may be formed at
each of the following places, Kingston, Cobourg, Toronto,
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iliuniltoii, I'ort Stiinlcy, Diinnvilli; and Onkvillu: eucli Conv
piiny to consiHt ol' u Ciiplaiii, a Lii-iil«;iiiint and lifty men : and n
ConiutodortMif Provincial Marine may In- appointcti to(U)irtnKnul
the wliole and to rank aH a Lii'iit(>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 b<! formed and may be
disbanded !■ horily of the Commamler in Chitif, as may in
liis opinioii .» >t 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
<ii)iiig uiid (or taking caix: oi'.such arms und uccuutrcnicntM.
XXX. C'oinniissiomd oincors of lli<! siiid ConipnnicH nhall
fiirnisli tlioir own anus and uc-eoulrcnu-nlM.
XXXI. Tliu Arms and Accirtili'cmenfH of tin; odicers nnd men
of sunli VolimU'tT Coinpiinii!s, und llii) IIors«!s iisnd by ihom as
sucli, shall b(! •■x«'mpt Irorn sinziiro in cxfu-ution and fmrn dis-
tress and as.sessinent, nor shall any siieli horse be disj)osed of
by any oHi(!er or man without leave of the Ollieer Commanding
the Company.
XXXH. Tli« Volunteer Militia Companies shall be drilled
and exereised, at sueh time in eaeli year and at such places as
the Commaniler in Chief may from time to time appoint; the
Volunteer Field Hatteries being so drilled and exercised during
twenty days in each year, of which twenty days ten shall bo
continuous, and the other Volunteer Corp.s once in each year
during ten continuous days, (Sundays not reckoned in either
case,) and the Companies under drill being (encamped during
tlu! whole or any jjart of the period for drill, if the Commander
in Chief shall see lit.
XXXIII. The Adjutant General shall draw up, under the direc-
tion of tli(! Commander in Chief, a code of instruction, drill and
exercise for the said Volunteer Companies, based on tliat in use
in llcr Majesty's Regular Army, and each Commissioned Ollieer
of a Volunteer Company shall be furnished with a eo|)y, and
shall bo governed by the said code in drilling and exercising
the corps to which he belongs.
XXXIV. For each day on which they shall be so drilled, the
olfieers and men of the said Volunteer Companies shall be paid
by the Province the following sums :
Captains per diem £0
Lieutenants „
Second do Cornets or Ensigns
Non-Commissioned Ollieers and Privates.
and a further sum of live shillings ])er diem for each horse actu-
ally and necessarily i)resent and used for such drill, whether be-
longing to ollieers or to privates.
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XXXV. Nothing herein 'C/rtuined shall be eonstnied to pie-
vent any such Com])any from assembling or being ordered out
by the Ollieer Conunaiiding ii; for drill or exercise, wiUioul
receiving any pay therefor from th(! Province, acct)rding to
any articles of engagement or n;gulatious of such Company,
previously apj)roved by the Commander in Chief; and tmy
such articles, in so far as they are not inconsistent witli tliis
Act, shall be enforced and the penalties which may be llwreliy
imposed shall, whenever they are incurred, be recoverable in
the manner hereinafter mentioned, by the person or ollieer
(lojti^'ni»l«'(l for that pnrpo>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<im-
maiidiug any such Volunteer Company to callo\it the same, or
such portion thereof as may i)e necessary, for the purpose of
(|iielling any Ui« t, when thereunto re(piired in writing by the
Slayca-, Warden or other Head of the Mimieipality in which sucli
Kiot shall be, or any two Magistrates therein, and to obey
such instructions as shall be lawfully given him by any
Magistrate in regard to the mode of ipielling such Kiot : and
every Ollieer, non-Conunissioncd Olliccr and man of such
Com|)aiiy shall on every such occa.'*ion obey the cnders of lii.s
Commanding Ollieer; and the Ollieers and men when so called
out shall, without any further or other appointment and without
taking any oath of ollice, Im; Special Constables, and may and
shall act as such so long as they shall remain so called out.
Xr.. The Ollicers, non-Commissioned O/Iuiors and men
of Voluulecr Companies, shall, while they shall eontiime such,
be exempt from serving as Jurors ov Constablt^s ; and whenever
they sliall have served as such in one or more Volunteer Com-
panies during a term of seven yi.-ars, such exemption shall
continue after the expiration of the said term.
Xlil. \o non-Commissioned Otiieer or Man of any Vo-
lunteer Company, shall, in any case, unless legally discharged,
leave the same witlumt giving at least one month's notice
l(JMWW*'<'» 'j ' ' ii nm . .. ii ' * * !!!
ill writing to ilu* Ci)iiiiiiaii<liiiK Ollicrr tlirrcof of his intt'ntioti
to lcavi> 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<in. All Coniinissions ol'OHieers in the Provincial Militia
shall be granted by the Cuiuinunder in Cliiel' und during pleu-
snre.
'
XLIV. All non-Conimissifmed Otncer« in the Provincial Mi-
litia, shall be appointed bv the Ollicer eonunanding liie
Battalion to which they belong, except in Volunteer Cotnpanies
where they shall be a|)pointed by the Ca])tain thereof, and
Hhnll hold their rank during pleasure.
XLV. No person shall be an Ollicer of Militia unless he be
one of Her Majesty's subj«'cts by birth or inituralization, and
shall have taken the oath of allegiance.
XliVI. Existing Commissions in the Provincial Militia and
appointments of non-Connnissioned Ollicers, shall remain in
fori-e, such ('onnnissions being subject {o be cancelled by the
Commander in Chief, and such appointments by the Ollicer
Commanding the Battalion: but no person shall be innmd to
serve in the I'rovincial Militia in a lower grade than Ik; has
once held, unless he shall have resigned his couutiission or be
redu('ed by sentence or order of somt; lawful Court u( authority,
nor shall any person who has been a non-commissioned Otiicer
in lier Majesty's Army, be bound to serve in the Militia in a
lower grade than he has held in the Army, uidess he have been
re<luced as aforesaid.
XLVn. There shall be an Adjutant General of Militia for the
Province, and two Deputy Adjutants General one for Upper
and the other lor Uower Canada ; the Adjutant General shall
litvve the raidv of Colonel in the Provincial Militia, and each of
the Deputy Adjutants General the rank of Lieutenant Colonel
therein, and they shall hold their Ollices during pleasure ; the
Adjutant General shall be paid by the Province at the rate of
seven hundred and lifty jxiunds, and each of the Deputy Adju-
tants General at the rate of iive hundred pounds, per annum.
XLVIII. Tliere shall be in and for (mcli Military District an
Assistant Adjutant Goneral, who shall have the rank of Major
in the Militia, and shall act under the orders of the Colonel
commanding the Distric^t, and of the Adjutant General of the
Province, in preparing,', ol)taininiif and transmiltiui,' all Militia
returns and orders required or issued l)y the Adjutant (Jenenil,
and generally in assisting tlial Ollicer in the performaneo of liis
duties as regards such Military District.
XLIX. Each Assistant Adjutant General shall, in time of
peace, be paid by tlie Province for his services, at the rate of
thirty pounds per annum.
L. There shall be in and for each Military District an
Assistant Quarter Master General, whose duty it shall be to
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 Ollicers of the Volunteer Engineer Corps shall assist him
with the local information they may acquire.
LI. All contraventions of this Act and of Regnlations or
Orders hiwlully made or gi'cn under it, when the Militia or
that portion thereof to which the otlender belongs, is not called
out lor actual service, sliall be punishable by jjenallies to be
imposed by one or more JuslJces of the Peace antl in a sum-
mary manner as lu icinaftcr provided, and Courts Martial shall
not be held.
CALLING OUT THE MILITIA.
LII. The Commander in Chief shall have full power to
call out the Militia or any part tiiereof, whenever it shall in his
opinion be advisable so to do, by reason of war, invasion or
insurrection, or imminent danger of any of them.
LIII. The Colonel commanding any Military District, or
the Lieutenant Colonel commanding any Battalion division,
shall have power upon any sudden emergency of invasion
or insurrection, or imminent danger of either, to call out the
whole or any |)art of the Militia within his conmiand, until
the ])leasure of the Commander in Chief shall be known.
LIV. Tlie Militia so called out by their Colonel or Lieutenant
Colonel, shall immediately obey all such orders as he may
give, and march to such place within or without the division
as he shall direct.
LV. When the Militia of any local division arc called out, in
case of war, insurrection or invasion, or iuuninent danger there-
of, all Companies of Vohmteers in snch division, shall be
included in the order and shall obey the Ollicer issuing it.
EanMHHt4MMMUH)3i
LVI. Wlion the whole Milit i;i of llie Province arc called out,
all the Volunleer Companies sliall bo included and shall in:ime-
diately obey the orders they may receive.
liVII. Kiicli Sedentary Militiunum called oiU for actual
servir-e ^^Ilall attenil at sticli time and place as may be directed
by the Ollieer coiiimanilini,' him, with any arms and accou-
Ireuients lie may have receiveil from the Province, and with
such provisions as such ofiicer shall direct.
LVIIl. When the Commander in Chief shall call out the
Militia, and the emergency shall not be such as to require that
the whole of the Sedentary Militia or of any class thereof, or
the whole in any Militia Division or of any class of Militiamen
therein, be taken for actual service, he may from time to time
direct the number of men to be furnished from the Sedentary
Militia of the whole Province or of any Militia Division
thereof, over and above the Volunteer Companies therein,
which shall always be the first taken lor actual service.
LIX. The number of men to be so furnished shall in the first
instance be taken from the first class service men in the several
Company Divisions in that part of the Province to which the
order applies, and in proportion as nearly as may be to the
number of such men in each ; Volunteers siiall be first taken
from each Company, but if the nur her ot Volunteers be not
sutlieient, th<ui sueii further numbei n may be required shall
be drawn by lot, under the superintendence of the Commanding
Officer of the Company, whose eertifieale that any man has
been so d'-afted, or volunteered, or consented to serve as sub-
stitute for a drafted man, shall be evidence of the fact.
LX. No Militiaman drafted for actual service shall be
exempt from serving, unless he shall forthwith pay a penalty of
ten pounds, which shall be given to any approved man
of the same class who is not himself drafted for service, and
will serve in the place of the Militiaman paying such penalty, or
such Militiaman may provide an approved substitute of the
sam(! class and not drafted, to serve in his place ; and any vo-
lunteer or substitute, by his consent to serve as such, shall
become liable in all respects as if drafted.
LXI. No man drafted and unfit from bodily infirmity to
perform his duty shall be taken for service.
LXII. If a greater number of men be required than the
whole number of first class service men, then the requisite
numb(!r shall be taken from the second class service men,
in like manner.
LXIII. The Sedentary Militiamen so taken or drafted for actual
service, shall be marched to such j)lace as the Commander iu
Chief shall appoint, by such Oflicers as shall be detailed for
that purpose by the LieiUcnant Colonel of the Battalion from
s
which they are taken, and sliall there be embodied into Com-
panies and BatlalioMSi, in sucii manner as the Commander in
Chief shall direct, and being so embodied siiail be commanded
by such Ollicers as lie shall from their (lualilication and fitness
think proper to appoint.
LXIV. Any Volunteer Companies so called out for actual
service, may be embodied into Battalions, if the Commander
in Chief siiall think lit so to order.
LXV. The Militiamen so taken or drafted for actual
service from the Sedentary Militia, shall serve during one year
unless sooner disbanded, and may then be replaced by otiiers
taken as aforsaid, and shall not be liable to be again taken
until all others in the same class shall have been taken ; but the
men in Volunteer Militia Com|)anies shall serve for the time
for which they have engaged to serve, which time shall not be
less than live years, subject, however, to be determined on one
month's notice as hereinbelorc mentioned : Provided that no
Volunteer shall leave tiie service, either with or without notice,
at any time when the Militia are called out, unless he be
regularly discimrged or have served out tlie time for which he
engaged.
LXVI. The Militia so called out may be marched to any
part of the Province, or to any place without the Province
but conterminous therewith, where the enemy may be, and
from which an attack oii this Province may be ap[)reiiended.
LXVII. The Militia so called out and every Oilicer or man
belonging to it, from the time lie shall be ordered, taken or drafted
for acluiil scrvi(H,>, 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(<d more than thirty miles, unless in cases where other
carriages, horses or oxen cannot immediately be hud to replace
them ; and such earriugeji, horses or oxen shall be paid for at
the usual rate of hire.
LXXXfV. Incases of emergency, when it may be necessary
to provide projjer and speedy means for the conveyance by
Hallway or by water, of the said Troops of Her Majesty or
Militia, and also of their ammunition, stores, provisions
and baggage, any Justice of the Peace of and in the locality
where such Troops or Militia may be either on a march or in
caiiloinneiit, u|)()n receiving a reciuisition in writing from the
Onicer commanding su(!h Troops or Militia, for such railway
cars and engines, boats or other craft as may bt^ rc{|uisite for
the conveyance of the said Troops or Militia and their am-
nmnition, stores, ))rovisions and baggage, may issue and is
hereby required to issue hi-' 'varrant to sueli i)erson or persons
\
f \
as may be possessed of such rnihvay cars and engines,
boats or other craft within his jnristlietion, re(|niring iiini or
them to fiirnisii tiie same for that service, at and after the rate
of payment to be aUowed liy the said Justice, not exceeding
the usual rate of hire fo' such railway cars and engines, boats
or other craft ; and if any such person or persons siiall neglect
or refuse, after receiving such Warrant, to iurnisli such railway
cars or engines or his or their boats or craft for tliat service,
such railway cars or engines, boats or other craft may be
impressed and taken for such service : Provided always, that
nothing iierein shall be construed to impair tiie eJl'eet of any
Act obliging any Railway Company to convey sntth Trooj)s,
Militia, and other articles aforesaid, in any manner or on any
terms and conditions therein mentioned, or to release any such
Company from any obligation or penalty thereby imposed.
<•:'
PENALTIES.
LXXXV. Any OlTicer of Militia refusing or neglecting to
make or transmit, as herein prescribed, any Roll or Return, or
copy thereof, re(juired by tiiis Act or by any lawful authority, or
wilfully making any false statement in any such Roll, Return,
or copy, shall tlicreby incur a penalty of ten [jounds, for each
ollence.
LXXXVI. Any Oflicer or non-commissioned Ollicerof Militia
refusing or neglecting to assist his Commanding Ollieer in
making any such Roll or Return, or refusing or neglecting to
obtain or to assist him in obtaining any information whieli he
may require in order to make or correct any Roll or Return,
shall thereby incur a penalty of five pounds, for each offence.
LXXXVII. Any Militiaman or other person refusing or ne-
glecting to give any notice or information which may be neces-
sary for making or cori-ecling the Roll of any Company, and
which he is required by this Act to give to the Commanding
Ollicer of such Company, or to any Oflicer or non-commissioned
Odicer thereof demanding the same at any seasonable hour and
place, shall thereby incur a penalty of two pounds ten
shillings, for each ollence.
LXXXVIII. Any Militia officer or man, not exempt from at-
tending muster, who shall neglect or refuse to attend the same
at the place and hour appointed therefor, or shall refuse or
neglect to obey any lawful order al or eonctrning such nnister,
shall thereby incur a penally of one pound live shillings, for
each olii'iicc.
LXXXIX. Any person who shall interrupt or hinder any
Militia at Drill, or shall trespass on the bounds set out by the
proper oflicer for such Drill, shall thereby incur a penalty of
one pound liv(! shillings, for each oUcncc, and may be taken
into (Mistojly and (hitained by any person by the order of the
Commanding Oflicer, until such Drill be over for the day.
XC. Any Officnr, non-commissioned Officer or Militia-
man, who shall disobey any lawful order of his superior ollicer,
or shall be guilty of any insolent or disorderly behaviour to-
wards such Otlicer, shall thereby incur a penalty of one pound
five shillings, for each offence.
XCI. Any Officer, non-commissioned Officer or Militia-
man, who shall fail to keep any arms or accoutrements delivered
or entrusted to him in proper order, or shall appear at drill,
parade, or on any other occasion, with his arms or accoutre-
ments out of proper order, or unserviceable, or deficient in any
respect, shall incur a penalty of one pound, for each such
ofTence.
XCII. Any OfKcer, non-commissioned Officer or man of
any Volunteer Company of Cavalry or Field Artillery, who
shall, without the consent of the Commanding Officer of such
Company, sell or diispose of any horse which shall have been
drilled for the purposes of such Company, or which he shall
have undertaken to furnish for such purposes, and which shall
have been approved by the Commanding Oificer of the Com-
pany, shall thereby incur a penalty of five pounds for each
offence.
XCIII. Any person who shall unlawfully dispose of or remove
any arms, accoutrements or other articles belonging to the
Crown, or refuse to deliver up the same when lawfully
required, or shall have the same in his possession, except for
lawful cause the proof of which shall have lie upon him, shall
thereby incur a penalty of five pounds for each ofl'ence ;
but this shall 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 with any Act .subjecting him to the penally
imposed by this section may be arrested l)y order of the Magis-
tratt! before whom the complaint is made, upon affidavit shew-
ing that there is reason to believe that such person is about
to leave the I^rovince, carrying any such arms, accoutrements
or articles with him.
XCIV. Any Officer or Man of a Volunteer Militia Company
who when such Company shall be lawfully called upon to act
in aid of the Civil power, shall refuse or neglect to go out with
such Co,u|)any, or to olu'y any lawful order of his Superior
Officer or of any Magistratt;, shall thereby incur a penalty of
five pounds for each offence.
XCV. Any inhabitant householder who shall refuse or ne-
glect to receive any Troops or Militia billetted upon him or to
furnish them with the lodging and articles which he is by this
Act required to furnish, shall thereby incur a penalty of two
pounds for each such offence.
XCVI. Any person lawfully rp(|iiirc(l iinilfrlliix Act to fiirnisli
nny ciirriiigr, iiorse or «)x, lor tin- fonvcyiiiicc or iiwr of any
Troo|)M or Mililia, who siiiill ncirk-ft or refuse! to fllrIli^'ll the
i^jime, ^<hilll thereby incur a penalty of two pounds for each
such od'eni-e.
XCVH. Any person lawfully required under this Act to furnissh
nny ralKviiy earorenj^'ine, boat or oilier emit, for the conveyance
or ii.-ie of any Troops or Militia, who shall neglect or refuse to
furnif 'he same, shall thereby incur a penally of live pounds
for c! .leh ollenee.
XC\'II[. Any person who shall wilftdly con»ravene any enact-
ment of this Act when no other penally is imposed for such
conlravenlion, shall thereby incur a penalty of five pounds
for each tdlence, but this shall not prevent his being indicted
and punished for any greater ollenee if the facts amount to
such.
XCiX. All penalties incurred under this Act or under any
llegulalions, Orders or Articles of Engagement lawfully
made or entered into untler it, shall be recoverable, with
costs, on the evidence of one credible Witness, on complaint
or inforuiatioM l)el'ore om'. Justice of the I'eaee if the amount
ilo not exceed live pouu'ls, and before two .lusliecs
of the Peace if the amount exceeds that sum ; and to
the recovery of such iienalties all the provisions of any Act
or Acts then in force relative to the performance of the duties of
Justices of the Peace duI of Sessions, with respect to sum-
mary convictions and or(h'rs, shall apply in so far as may not
be inconsistent wilh this Act ; and any Ollicer non-connnis-
sioncd Ollicer or privatt^ of any \'olHnIeer Militia Compiiny
shall be a eomiK'tent witness in an} such case, although the
penally may be applicable to the purposes of such Company.
C. No prosecution against an Ollicer of Militia for any
penalty uniler this Act shall be brought except on the (!om-
])laint of the Adjutant fJeneral ; and no such prosecution against
any non-conuuissioned ollicer or private of tlic Sedentary Mili-
tia, sliall be brought except on the coiiiijlainl of tlie Coumiand-
ing Ollicer or Adjutant of the IJatlalion or Captain of the
Company to which such non-connriissioned ollicer or private
shall belong ; and no such prosecution agaiii>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.
■*,'''**»<Si
CVIII. Evrry sum of money which nny person or rorporntion
nhnll hv uiidcr tliis Ad lial)l(' to pay or repay to the Crown, or
whieh ^>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<iieral issue, and give this Act ami tiie special
mutter in evidence at the trial : and no Plaintiff shall recover
in any such acli«)n if a tender of sullicii^nt amends was mado
before the action was brought, or if u sutlicient stim of money
has been paid ii»to Court by the defendant after the action was
brought.
ex. If a verdict shall pass for the defendant in any action
referred to in the next preceeding Section, or the plaintiff shall
become non-suit or discontinue the action after issue joined, or
if on demurrer or otherwise judgment be given against tho
])laintifl', the defendant shall recover his full costs as between
Attorney and Client, and shall have the same remedy therefor
as any defendant hath in other cases : and though a verdict be
given for the plaintilf, he shall not have costs against the de-
fendant, unless the Judge before whom the trial shall be, shall
certify his approbation of the action and of the verdict therein.
CXI. All sums of money required to defray any expense
authorized by this Act, may be paid out of the Consolidated
Revenue Fund of this Province, upon warrant directed by the
Governor to the Receiver General ; and such warrants may be
made in favour of the Adjutant General of Militia, to enable
him to i)ay such expense, or in favour of the party directly en-
titled to the money: Provided always, that no sum of money
shall be so paid out of the Consolidated Revenue Fund until
first approved of by Resolution of tlie Legislative Assembly in
the annual estimates.
CXll. A detailed account of all moni«'s advanced or expended
under this Act shall be laid before each liranch of the Provin-
cial Parliament within fifteen days after the opening of the
then next Session thereof.
CXIII. The due application of all monies advanced or ex-
pended under the authority of this Act, shall be accounted for
to Her Majesty, Her Heirs and Successors, through the Lords
Commissioners of Her Majesty's Treasury, in such manner
•nded
Irovin-
V the
jr cx-
Icd for
iLords
lanner
and form as Her Majesty, Her Heirs and Suocessors shall
direct.
CXIV. The Intcrprottttion Act shall apply to this Act, and to
nil Rc^uliitiuns, orderH and articles of engagement lawfully
made or entered into under it.
CXV. This Act shall come into operation upon the first day
of July, one thousand eight hundred and tifty-five, and shall
be in force for three years, and from thence until the end of
the then next euHuing Session of Parliament of this Province,
and no longer ; Provided, tiiat if nt the time when this Act
would otherwise expire, there should happen to be Wor
between Her Majesty and the United States of America, then
this Act shall continue in force until the end of the Session
of the Provincial Parliament next after the Proclamation of
Peace between Her Majesty and the said United States, and
no longer.
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