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[Assented tu \bth October, 18G3.] HER Majesty, by and with llio advice and consent of llio Legislative Council and Assembly of Canada, enacts as follows : 1. The Governor shall, by virtue of his Ollicc, be Com- mander in Chief of the Militia. 3. The Militia shall (tonsist of all the male inhabitants of the Province of th(> age of eighteen years or upwards and under sixty, not c.-.empted or disqualified by law. 3. The Militia shall l)e divided into three classes, to be called resp(!ctively first class Service Men, second class Service Men and Reserve Men : the first class Service Men shall be those of eighteen years of age and upwards, but under forty- five years, who are unmarried Men or widowers without children, and tiie second class Service Men shall be those between the ages last idbresaid who are married Men or widowers willi children, — and the Reserve Men sliall be those of forty-five years of age and upwards, but under sixty years. KXKMl'TIONS. 4. The following persons only, between the ages of eighteen Certain func- and sixty years, sliall be exempt from enrolment as hereinafter joi'^'^^hoily' mentioned, and from actual service at any time : exempt. The Judges of the Superior Courts of Law or Equity in Upi)er and Lower Canada ; The Judge of the Coiu'l of Vice- Admiralty ; The Judges of the County Courts ; The Clergy and Ministers of all Religious denominations ; The Professors in any College or University and ail teachers in religious orders ; The Warden, Keepers and Guards of the Provincial Peni- tentiary ; 2. And the following, though enrolled, shall be exempt from Exe-nptions attending muster and from actual service at any time except ^f^'Pj: '&c?*^ in case of war, invasion or insurrecOon : The Reserve Men ; The Members of the Executive and Legislative Councils ; 1 * The Prennible. Governor to \x Commander in Chief. Of whom ihe Militin !si)nll consist. Militia divided into three classes. First. Second. Reserve. Cap. 2. Militia. 27 Vict. The M<'ml)»!rs of llit; liCifishitive Assembly ; The Olliccrsol'lhe said Councils and As.^eml)ly respectively ; Tin; Attorneys and Solicitors tieneral ; The Provincial Scuirctary and Assistant Secretaries ; All Civil Ollicers appointed to any Civil Oflice in this pro- vince under the Great Seal ; All persons lawlidly authorized to practise Physic or Surgery ; Half-pay and lletired Ollicers of Her Majesty'8 Army or Navy ; Postmasters and Mail Carriers ; Seafaring Men actually employed in their calling ; Pilots and Apprentice Pilots during the Season of Navigation; Masters of Public and Common Schools actually engaged in teaching ; Ferrymen ; One Miller for each run of stones in every Grist Mill ; Keepers of pul)lic Toll-Gates ; Lock Ma?rk of such County {,'ouncil shall be paid for the same at the rate of twenty-live cents lor compilation of the names and residences of every one hundred jjer.sons on the said County Militia Rolls. *" $ Certain p()\vers S. Chapter fifly-five of the Consolidated Statutes for Upper and provision relative to sassments, relative to a-- Canada, and its s(>veral provisions, subject to those of any Act amending them, relalivi' to Assessments, shall be applicable to 21 Vict. 18G3. Militia. Cap. 2. — and tlicy Koll " the v-y nnd lip- (I MK'll or nss Service itt'cti yciir.s wlio arc i)(l ill tli(! *i)iis !is are xly yciirs ; any such "Icrli, shall lion to any any Intiin; h Assessor ■ siiali also >• ccrlilicutc to iho l)cst own, in iho within tho nrolh'd by cerliflcatc a Justice of or Union of days after lly compile names and litia Roll" rvc Militia u luilowing L>d from the the County ippcnded." the Peace ; the County to be fded 1 ; and the ^ame at the names and id County s for Upper af any Act applicable to % to the enrolment of inc Mililia as hereinabove mentioned, cxicmled to iiio and shall, in so far as such enrolment extends, be xv.m\ and j(l''|'\''i*^ii,, deemed as part thereof, and cveiy Assessor shall, as ri'gards the making of the said Mililia llolls, have the sami; duties and jjowers and tlu; same lia!)ilities, in case of any default on his part, as Ik; has with regaril to the Assessment Uoils. 1>. All tavc>'n-lwl«' Municipality in to County Lower Canada, the Assessment or Valuation Roll whereof is certoinMiinici- not by law rearticuliirs tibove mentioned, and shall certify the same as above directed and transmit them to the Warden of the County in which the Municipality is situated, before the first day of .Innt^ in each such year; provided alwtiys, that the Commander in Chief may, in any yt^ar, appoint tmy oni! or more ollicersofthe Militia to make such Alilitia Rolls in any Parish, Township or other local Municipality in Lower Canada ; And in respect of such Rolls the said sissessors and valuators and each of them shall have the duties smd the same powers for obtaining the re(|nisit(; inlorniiition, as they have with respect to iIk^ ordiiiaiy Valuation or Assessment Rolls and the Militia Rolls forming ptirl thereof. IJI. Provided always, that in all cases where tli(! Com- iTiiinder in Chief shall find that a failure to make; the Militia Roll for any Municipality has occurred, or sees reason to fear that such failure may occiu', in any year, he may appoint one or more Ollicer or Olficers of Militin, resident within such Municipality, to make the Militia Rolls therein for such year ; and such Ollicer or Officers shall then have, with respect to such Rolls, all the powers and jx-rform all the duties, and be subjeot to all the liabilities, which the Assessors or Valuators for such Municipality wnnikl otherwise have had or have been subject to, with respect to tlu; same. 14. The Secretary-Treasurer of each County Council in Lower Canada, to whom the copies of the proper Assessment, Valuation or Local Militia liolls, shall i'or that juirpose be forthwith, after their receipt, delivered by the County VVarden, shall, \vithin fourteen days after the receipt by him of such Rolls, I « ^7 VuT. I l«) llic hest lowii ill ili(> N within llic enrolled for iind sncli >aili, Itcforo iieipalily in wlierci)!" is Viirden, ili(! certified as I or Ass(>ss- lio Miiniei- eotupleted wliieli the isseysors or y and iho toll is not ility, eon- udl certify he Warden 'i(insoiul dated Municipal Act, and the Acts auKMidin'' it, and tin; P''^'''',"' !."''„„ provisions oi ev(>ry speci.al Act inct)rporatinr^ or j^overnmif my m.-nt KdIIm. cx- Town or City in Lower Canada, relative to Assessments or •^'^|;jj^''""'^^''''''* Valuations, shall bi^ applicable to the enrolment of the Service! Militia as hereinabove mentioned, and shall, in so far as such cnrolir.ent extends, be read and (!reiii(>d as part thereof, and every Assessor or Valuator shall, as regards the makinc; of the said Militia Rolls, liavt; the sam(! duties jyid jwwers and the same liabilities, in case of any default on his part, as he has with regard to the Assessmenl or Valuation Rolls. 10. All tavern-keepers, keepers of boarding lunises, persons Tmcm having boarders in their families, and every master and mistress Kt'<^p<-TS Arc, ol any dwelling house, shall, upon the application ot any As- cfssmy inibr- scssor or Valuator, give inhn'malion of the names of all persons '""''"»• residing or lodging in such house, liable to lie enrolled, and all other proper information concerning such persons as such As- sessor or Valuator may demand. PROVISIONS APPLYING TO TIlp: WHOLE PROVLNCE. 17. The Commander in Chief may call out the Militia or powci- to call any part thereof for actual si'rvice, wlu'never it is in his opinion out iho miiiiiu. advisable so to do by reason of war, invasion or insurrection, or danger of any of them. 18. The Militia appearing by the then last Service Militia Rolls KcRiments of as resident in each Regimental division shall for the time being JimposS^ form the Regiment of the Regimental division in which they reside ; — and each Regiment shall be composed in the follow- Bnttnlions of ing manner : T\w first and each succeeding Service Raltalion ^"^'f^''^^ ^^<-'"* of 10 Cap. 2. MilUkt. 27 Vict. of a llc'ginient ^^hall 1)e composi'd of len Companie.s, and shall embrace in the whole, exelui^ive of the proper e{)ni|)lement of non-commissioned Ollieers, ihe number of seven hnndred Howihcincn ami fifty Service INlen ; and shall be taken as hereinafter shnaTLM'lotei'- l»'ovided, in tlie first i)lace frt)m the names on the First Class r iiied. Service Roll, and when llie names on the First Class Service Roll shall have lieen exhausted, from the names on the Second Class Service Roll, and, when those names shall have been exhausted either by organization in Baltalions or by reliefs for Battalion, alrciidy in existence, then recourse shall bo had lollic names on the Reserve Roll ; Provided, that every person who may be balloted as hereinafter mentioned, shall, from the time of such ballot, and during the period for which he shall remain in an organized Service IJattalion, be ex(Mnpt from non-Service enrolment. Proviso ; !is to Service luoii balloted. OiTicers ol^ oaeli Battalion. 1J>. To each Service Ijatlalion of any such Regiment may be appointed at such time as the Commtmder in Chief may think fil, a Lieutenant-Co'onel, two Majors and such number of Re- gimental St.ilf OlFicrrs as may be decuned necessary, and for every Company of sevenly-li'e men may ])e appointed a Voviso: Rp- Cainain, a Lieutenant, ;md an Ensign ; providetl tdwavs, that u provisional, in sucli cascs as the Coimmmder in Chief may think ill, the ap- pointment of any such Oilicers shall be provisiontd only and its confirmation contingent on proof of the qualification of such Ollicer as hereinafter j)rovideil. Cattalions of serv'ce men to lie taken first lor aelivo service. S2<&. When the S(;rvice Militia of any part thereof is called out in case of war, invasion or insurrection, or dangtn' thereof, those taken from the Regiment for actual service shall be firstly the Baltalions composed of First Cla>-s Service Men, secondly, of Second Class Service Men, and lastly th;; Jiatlalions com- posed t)f Reserve Men. \Vlien only pan Qfl. When the Coiiunander in Chief calls out the Mililia, cal'led out.""^ '■* and the emcM-gency is not sucli as to veiitiiie tlitit llie whole of the Service Militia or of any class lliereuf, lie t;d to time, ])y tliLM)r''aniza-'' General Order, direct the organizalion of such number of lion oi 'Service Service Baltalions from each Regiment of Militia as shall Baiiaiuins (roni ^ |j i)roner, and may direct at ;uiv time that the each Kegiinent. II ■ • i ■ r • i i r i Mallot shtul be taken in manner hereinalter provided lor the purpose of organizing such liatlalion or Batttilions or of filling up vacancies in any Battalion or Battalions already organized, Andorderwhai and sucli order shall in every case specify the ])ropor1ion of men "h'dl'Trlh'r" to be furnished for each such Battalion or relief from each nishedironi Towiisliip, Parish, City. Towii or lncor|)orated Village having each pace. reference to the proportion of population of tlu; same as appearing m 27 Vict. 1863. Miiilia. Cup. 2. 11 , and shall Jinplemont 11 liundred hereinafter First Class erviee Roll le Second liavc been reliefs for ! liad lolhe crson who n the time all remiiin on-ServJce Mit may be may think ber of Ilc- , anil for pointed w ^vays, thai 111, I lie ap- ily and its -)U of such appearing by the last census, or in case of M^inieipalities incor- porated since the last census to the proportion of popidalion of such Municipality as shewn by the Militia Rolls. 23 For the puri)osc of orffanizin"' the lialtalions herein- V'"''-'"''"^*^'^"' before mentioned, the Sherjit in Upper Canada, or the Jle- t,y balioi ffistrar in Lower Canada, of the County fonninL' buch ^^'''«' f i^''','^- Regimenlai Division, shall, a1 some period iii tlu; year one ii,e several scr- tlumsand eight hundred and sixty-four, to be fixed by the ^i.^'- '>"it.'i'''jns order of the commander in eluet, and m each tliivd suc- ceeding year, within Iwenty-one days after the completion and filing of the Militia Rolls for the County, summon Ceitain omcers the County Judge and Warden of the County in Upper Canada, 1;X':''"'""' or in Lower Canada, the Warden and one or more Ollicers of the Service Militia of the County, lobe designated to him by the Commander in Chief, to meet him at the Court House at the County Town in Upiier Canada,— or in Lower Canada at the Oflicc of the said Registrar,— and shall also forthwith summon tlic Clerk of the Peace of the Coiinl^ in Upper Canada, \j attend with tlu; County Miliiia Rolls as aforesaid, — for the purpose of balloting from llit> names appc ar- ing on t!!(! Service Rolls, or the " Iteserve Roll, " as the case may i)e, for the requisite niim!)er of men 1o lorm a Bat- talion or Raltalions of the Regiment, as may Ik required by the Commander in Chief to be organized. is called ;r thereof, I be firstly secondly, ions com- ic Miliiia, whole of .'or a.ctual r of Bat- Jie whole lime, by an ber of as shall e that the d for the of filling rganixed, )n of men oin each je having same as ippearing 24. Each IJattalion so organized shall be and continue so organized for a period of three years, and thenee until llu; orga- nization of a Battalion or Battalions in the same County in each thiee succeeding years, when the same shall be deemed \u be disbanded, ami shall be sueceedeil in its organization by the Battalion or liattalions to be formed by Ballot in such succeeding third year ; but in the event of the Militia being called out for actual scuviee, any such Battalion, organized a^ aforesaid, shall serve for the period mer.tioned in the thirty-second section of this Act ; Provided that if during the period of thriu! years for which any |)erson shall be balloted as a First Class or Second Class Service man, he shall attain siu^li age as would exempt him from service as a First or Sect)nd (ylass Service man, such exemption shall have no force or eflect until after the expiration of the period of three years for which he shall have l)een so balloted ; And providt'd that any fjattalion or Reliefs of Battalions subsetiuent to the first InUtalion shall continue as organized and enrolled for a period of three yciu's from the organization and enrolment of the first Battalion, wdien such succeeding Battalion or Reliefs sliiiU be deemed to be disbanded as hereinbefore mentioned as to the first Battalion, it being the intent and meaning of this Actt, that a Ballot shall in the year eighteen hundred and sixty-four, and in each succeeding third year ther(>after be taken from the full num- ber of names appearing on the then Miiilia Roll's. 25. Batiiilious so iirj;iiriizt>tl to leiiiaiii so loi" ihree years. Proviso i( calleii out. Proviso : as to men attain- ing cert iiiii ages alter l)eiiig Ijulloted. I'cillot in each llurd year (rent the wlioie iiiinil)er of nniiies oil tlio Kollu. 12 Cap. 2. Militia. 27 Vtct. Ballot for selecting the men to com- pose any Battalion. 2»5. The Sheinff, County Judge and Warden of the said County, in Upper Canada, and the Registrar, warden and Ollicer or Oflleers of Alilitia designated as aforesaid in Lower Canada, shall then proceed to select from the Militia Rolls, in the order hereinbefore mentioned, the names of the requisite number of persons to form a Battalion of the Regiment of the said Regimental Division, and the selection shall be conducted in the following manner, that is to stiy : — Ballots, to ic 1- The name of each person appearing on the Service Rolls put into El box, or Reserve Roll, as the case may be, df the said County, shall, shaken"' by the Clerk of the Peace, or the Registrar of the County, be written distinctly on a piece of parchment, card or p;iper, as nearly as may l)e of the size following : — .lOII.V SiMITII, o[ {designating hia rt'sidcnce by ti)f, concession or rang':, (oivii:;hip, paris/i^ slrcrt, (piiring the organization of the iJaltalioii or relief, and in the case of a IJallot for relief excluding the nnmes of such men as are jdready enrolled in service battalions, so written, shall, by the direclion and care of such Sherilf or Registrar, be put to- gether in a box or urn to Ije ])y him provided for that ))iu'pose, and such box or urn shall be shaken so as sullieienlly to mix the names ; but at no time shall more than one son belonging to the same family residing in the same Iioie^e, if there be two inscribed on the Militia lioll, bo drawn, iniless the niunher of names inscribed be insiillicient to complete \\u\ required })ro- portion of service men ; 2. The County Judge or Warden in Upper Canada, or the Registrar, Warden or the Militia Ollicers designated as afore- sai(l, or one of them, shall llu'u draw out a sullicient number of names to complete the number of men specified as the pro- l)ortion to be furnished to llu; IJattalion or relief by suehTown- ship. Parish, ('ity, Town or Incorporated Village, and each name as called out shall b(> transcribed by the Clerk of the Peaec! or the Registrar, on a Hattalion or reliel' lioll ; and he shall specify, opposite thenatne of each person, his place of residence as aforesaid, and such liattalion or relief lloll shall bo signed by the said Sheritf, County Judge, Warden and Clerk of the Peace in Upper Canada, or any two of tlunn, and by the Registrar, Warden and one at least of ilie Militia Ollicers designated as aforesaid in Lower Canada, and shall by the Sherill" or Registrar be transmitted within ten days thereafter 10 ;■* 27 Vict. of tlie said ;n and Ollicer >wer Canada, , in tlio order te number of cf the said onduotod in Service Rolls onnty, shall, • County, be or ptiper, as 1863. Mililia. Cap. 2. 18 to the Adjutant General ; and the Clerk of Pcaee or the Registrar (as the case may be) shall, on the Service Roll or Reserve R<)II (as the ease may be,) insert the letter B opposite the nam? .-ach person so balloted. 30. Tii') provisions of the three preceding sections shall Snme provi- apply to the case of each succeeding Battalion, other than the toTrmati&f first Jiattalion, required by the Commander in Chief to be any other Bat- organized in any Regimental Division, and also to the case '*''"'^' of reliefs whenever required by General Order of the Com- mander in Chief, to be balloted for to keep up the organization of a 15attalion to its full strength as hereinbefore provided, and may also be adopted at any period in any year for the purpose of organizing any additional Battalion or Battalions of any Regiment required by General Order of the Commander in Chief ; Provided that in any Ballot for each succeeding Battalion other than the first Battalion or for any Reliefs, the names of such men as have been theretofore balloted for and enrolled in an organized Battalion, shall be excluded from any Ballot taken subsequently during the period of three years hereinbefore mentioned. ) he resident Incorporated in ('liief, re- f, and in the such men as en, shall, by ir, be put 1o- lat ])urpose, LMilly to mix in belonging I ere be two numlxT of cquired i)VO- nadn, or the .'(I as afore- n1 munber 1 as the pro- such Tow n- •, and each lerk of the ill ; and he lis place of f Roll shall M and Clerk nn, and by itia Ollicers lall by the s thereafter to I J 37. In the ease of a Union of Counties for Municipal and Provision as to Judicial purposes, the same shall be treated as distinct for coiinties. Militia purposes ; but the proceedings hereinbefore provided as to ballot in a County shall be ajiplicable to each County of the United Counties, in which said County any portion of the Militia may be organized or may be called out for actual service. 3S. Xo man of any Regiment of S(?rvice Militia shall be Men drafted exempt from actual service when called out, unless exempt by }|"j a^'gubst^I this Act or xuilcss he forthwith provides an approved man of the tute. same class, who may not have been balloted and who is willing to serve as a substitute, and any substitute by his con- sent to act as such, shall become liable in all respects as if balloted. 31>. No man unfit from bodily infirmity to perform his infirm persons duty, shall be obliged to serve. exempted. 30. Whenever such may be deemed requisite and so ordered by the Commander in Chief, the Seivice Battalion or Battalions so organized as hereinbefore mentioned, shall, by the Officer appointed to command them, he warned by a notice to be served at the last known jilace of abode of each person so balloteil as before provided, to at lend on a day and place to be staled in such notice for muster and inspection according to such regulations as the Cominander in Chief may prescribe by General Order for that purpose ; and whenever the Militia or any Service Battalion shall be called out for actual service, each such Battalion so called out shall be warned as aforesaid and shall Mode of notify- in 2; tlie men bnlloted when the Battahun is called out. Men to be warned and marched to the place appointed for their urganizntion. 14 Cap. 2. Militia. 27 Vict. Oflicers. Service Militia mny be called out lor six clays drill. shall attend forthwith at some place and shall be inarched to snch place as the Commander in Chief may appoint, and shall there be organized for service, in sncli manner as the Com- mander in Chief may direct, and shall be commanded by such Onicers as from their qnalifieation and fitness he thinks proper to appoint, snch Officers to be taken in preference from the Itegimenlal Division so far as a sufficient number of per- sons duly qualified can be found therein. 31. The Service Militia or any Battalion or Company, thereof, may at any time in each year, be called out by General Order of the Commander in Chief for drill or instruction within each Regimental Division, for a period not exceeding six days, under and pursuant to such rules and regulations in that Ix'half, as may be prescribed in any such General Order, and each non-coinmissioned oflleerand man, shall be paid for each day's actual and bona fide drill as aforesaid, the sum of fifty cents. Termofser- 32. The Servlcc! Militia or such T3at1alion or Battalions as vice of" cnioMed j^ijaii lYoin liinc to time be called out for actual service, shall serve ilnriug three years computed from the date of the order by which they sliall have Ix'cn called out for actual service, unless sooner disbanded, and may then lie re|)laced by others to be called out in the manner hereini)eforc specified, and sliall not be liable to be again called out until all others in the same class have been taken. To what 33. Tli(^ Mililia, so called out, may be marched to any places may bo prj,.( ^^( ^[j,. Province, or to any place without \hv. Province marelieu. } . i • i * i i • i r but conterminous tlierewjili, where the enemy is, and Irom which an attack on this Province is a])preliended. Militia called out to be sub- jecl to Queen's KcKiilations and to articles of war wlit'ii on active ser- vice. Exception. Exception. 34. The Militia, when organized and enrolled, and every Officer or man belonging to it, shall be subject to the Queen's regulations and orders lor the army, and shiill, from the lime of being called out for actual service, b(^ subject ;o ihe Rules and Articles of War and to the Act for punishing mutiny and deser- tion, and all other laws then applicable to Iler Majesty's Troops in this Province, and not inconsistent with this Act ; except that no man shall be sul)ject 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 provisions of the said laws or regulations shall not apply to the Militia. For what of- 3»>. No Ofiiccr, non-commissioned Officer or private in the fences only Militia, shall bc sentenced to death by any Court Martial maybe'^cii- except for mutiny, desertion to the enemy, or traitorously tenced to death, delivering up to the enemy any garrison, fortress, post or guard, .'^'entence or traitorous correspondence with the enemy ; — And no sentence must be first q( ^uy General Court Martial shall be carried into eflect until approved by the Commander in Chief. approved. f i 27 Vict. 1863. Mililia. Cap. 2. 15 "chod to such [, and shall as the Com- ded by such he thinks fercnce from iber of per- • Company, t by General ction within ng six days, I that behalf, r, and each reach day's y cents. Jattalions as 'rvice, shall of the order tual service, d by others k1, and shall in the same led to any \v. Province and from and every the Queen's I the time of 3 Rules and and deser- ty's Troops except that nent except such laws ; may direct s shall not •ivato in the urt Martial traitorously >st or guard, no sentence efi'ect until 36. 30. No Olllcer of Her Majesty's regular Army on full pay oiiiccr of re- shall sit on any Militia Court Martial. ^n'ruih^ayU to sit, ice. OFFICERS. 37. All Commissions of Officers in the Militia shall be Commission, granted by the Commander in Chief nnd during pleasure ; l!J^,nillj'" no person shall be an Officer of Militia unless he is one of Her ' Majesty's subjects by birth or naturalization ;:and every Oilicer beHerMajes- shall, on receiving his Commission or as soon afterwards as ly'ssni^jects. may be, take the oath following : " I, A. IJ. do sincerely promise and swear that I will be To take an " faithful and bear true allegiance to Her Mnjesty in Canada, for '^""» "*" '"'^'-''''y- " the defence of the same against all Her enemies and opposers " whatsoever" and the name of the successor of Her Majesty Queen Victoria, for the time being, shall be substitutcnl as occasion may require, and the oalli simll Ix' administered by a Justice of the Peace of the County in which the Officer resides. 38. Commissioned Ollicev^ of the INfilitia sIkiH furnish their own uniform, ar'.is and accoutrements. 39. Commissions in the Militia, existing immediately b'-fore the passing of this Act, shall remain in force, the same being nevertheless subject to be cancelled by the Commander in Chief; and shall be deemed to constitute such officers as belonging to the Regimental division in which they res- pectively reside ; and all officers of tlie Militia to be hereafter appointed shall be dc^signated in their commission as officers of the Regimental Division, unless specially appointed to Bat- talions ; — Hut no person shall be bound to serve in the Alilitia in a lower grade than he has once held, unless he has resigned his commission or is reduced by sentence or order of some lawful Court or autliority ; — Provided that iio future ajijioint- ment to rank in the Militia shall be higher in time of peace than Ueulenant-Colonel. '10. The Commander in Chief may, whenever the Militia is called out, and the exigencies of the service so require, appoint Colonels in the same. OlTIccis' nriiis and uiiilbrin, Existing Com- missions roiiti- riicd, until can- celic'tl, >\:c. No porsou lionnil lo serve m a lower Urado Ilian he lias held. Proviso : no rank above Jjiout. Colonel, in peace. Colonels when militia is called out. 41. Officers of Her Majesty's Army shalf always be reckoned iJespective senior to all Officers of the Militia of the same rank, whatever ■""','.'!'.!" be the dates of their respective commissions; — And Colonels militia and ii. appointed by Commission signed by the Officer Commanding ^i- »•''">'• Her Majesty's b'orces in C-anada, shall command Colonels of Militia, whenever hereafier appointed, (except the Adjutant General of the Militia), whatever be the dates of their respective Commissions. 4«. 16 Cap. Militia. 27 Vict. O/liccr to pass School of In- struction or an examination before appoint- ment or promo- tion. J2. Aflov the passing of this Act, no olliccrofthe Service Militia shall 1)0 appointed or promoted execpt provisionally until ho shall have satisfactorily j)assed through the school of military instruetion hereinafter referred to, and received a cer- tificate thereof, or until he shall have satisfactorily passed an examination before the ]3oaid hereinafter mentioned and received a certificate thereof. Boards to bo 43. The Commander in Chief may, by General Order, from f,""*'''""'.^ l'^'" time to time, appoint a Board or Boards, to be constituted of lion of oiiicers. three or morc Ollicers ol llie Militia, ot whom one shall be a Field Ofliccr, and to be held at such |)laee as is therein speci- fied, to examine any such Ofliecrs of the Militia as may desire to have investigated their knowledge of and proficiency in drill and military duties generally ; and upon any such examina- tion, the said Board or Boards shall report the result thereof to the Commander in Chief, and shall, after the approval thereof by him, deliver to any such Oilicer, as may have satisfactorily passed such examination, a certificate thereof, which said cer- tificate shall be recorded in a book to be kept for that purpose in the OITiee of the Adjutant General of Militia ; and the certi- ficate thereafter delivered to the Officer so examined, and the fact of such examination and certilicatc shall be notified in General Orders. Certificate if found ipiahfic'd • vfi Adjutant Ge- 44. Tiic Commander in Chief shall have full power to ncraimnybo appoint to the olltee of Adjutant General of Militia an officer apponited. i i i i •!• r • i i who has been educated to the military profession, and thoroughly competent to the satisfaction of the Commander in Chief to discharge the duties of the said office of Adjutant General; and the duties of Adjutant General, diu'ing the vacancy of the office,, Deputy to per- shall be performed by the Deputies Adjutant General for Upper cascofvacancy. ^^^ Lower Canada respectively, under ordi'rs from time to time of the Commander in Chief, or by such Oificcr as msiy be ap- pointed by the Commander in Chief on any occasion for the special and temporary discharge of any such duties. Pay of Adju- tant General. Dspuly Adju- tants Geaerai. Their pay. 4»'5. The Adjutant General, when appointed as aforesaid, shall act as such for the whole Province, and shall have the rank of Colonel in the Militia, and as such be the Senior Officer of the Militia, and shidl be paid by the Province at the rate of three thousand dollars per annum, and allowances while discharging the duties of his office. ■Hi. There shtill' be a Deputy Adjutant General for Upper Canada, and a Deputy Adjutant General for Lower Canada ; and each of them shall have the rank of Lieutenant-Colonel in the Militia, and shall hold his Office during pleasure ; and each of the said Officers shall be paid by the Province at the rate of two thousand dollars, per annum. -^^i 47. 27 Vict. tlie Service •lovisionuUy ho school of ;(dved u ccr- 1 papsod an lionod and Order, from mstituted of '■ shall be a -MCJn .speci- niay desire .uicy in drill h examina- ,ll thereof to jval thereof atinfactorily cli said cer- hat purpose lid the ccrti- fd, and the s notified in I j)owcr to a an officer 1 thoroughly in Chief to enoral ; and L)f the office,, il for Upper inie to time may be ap- 5 ion for the aforesaid, 11 have the the Senior vince at the mces while 1 for Upper r Canada ; anl-Colonel asurc ; and nee at the 1863. Militia. Cap. 2. 17 Regimental StafTortirers and an Assis- tant Quarter Master Gene- ral. Duties. Non-commis- sioned oliieers. As to those who iiHve l)eett in H. M. ser- vice. 47. The Cominandcr in Chief may appoint in and for each Regimental Division such stafi' Oifieers as may in his opinion be requisite and also an Assistant Quarter Master General of Militia, whose duty i shall be to make iiimself thoroughly ac(iuainted with the roads and communications and other matters appertaining to the topography of his Re- gimental Division, and to furnif^h such information on the subject as may be required by tlus Commandcir in Chief, in which duty the Ofiicers of the Companies of Volunteer En- gineers shall a^isist him with the local information they acquire. '18. All non-commissioned officers in the Militia shall be appointed by the officer commanding the Corps to whicii they belong, — and shall hold their rank during pleasure, and any person who has been a non-commissioned officer in Her Majesty's service, shall not be bound to serve in the Militia in a lower grade than he held in Iler Majesty's service, unless he had, at the time of leaving Her Majesty's service, been reduced from such grade. 49. Whenever the Militi.^ or any part thereof shall be called Pav of Militia oiit by reat^on of war, invasion, insurrection or imminent danger n"[ive service thereof, the officers, non-commissioned officers and men of the Militia, so called out for Actual Service, shall be paid at such rates of daily pay, and shall receive sucli allow- ances in every respect, as are paid and allowed to officers and men of the relative and corresponding rank or grade in Her Majesty's Service. CORPS FOR GENERAL SERVICE. •50. The Commander in Chief may, in the event of war, Raisintritegi- raise, in addition to the Militia, regiments of Militia '"*■'"'■'* '""me by voluntary enlistment for General Service, during such war, and for a re:;.sonabJe time after its termination ; such regiments to be subject to the provisions of this Act. DRILL ASSOCIATIONS. 51. The Commander in Chief, if he thinks fit may sanction Certain asso- thc organization of associations for purposes of Drill and of in- '^'^"'^?*''|'J^'[* dependent Companies of Infantry composed of professors, masters no"t clothed or or pupils of Universities, Schools or other public Institutions, or P"'"^' of persons engaged in or about the same, or of Militia Officers, or of men on the Militia Rolls, or of such other persons as he may sec fit, but such Associations or Companies shall not be provided with any clothing or allowance therefor. SCHOOL OF MILITARY INSTRUCTION. 47. 58. For the purpose of enabling Officers of Militia or can- School odn- didates for commissions or promotion in the Militia to s'^C'^n may 2 perfect 18 Cap. 2. Militia. 27 Vict. i« eMnbiifhoti pcrfoct lliomsolvps ma knowledge of their military duties, ill ench wc- drill and (lifxtipline, the Commander in Chief may establish tion ol the _ , I r«»'i' » • • 1 • r 1 ¥» province. a Seliool ol IVlilitary Instruction in each section ot the Provmce, and for that jairpose may enter into arrangements with the Olficor Commjinding Her Majesty's Forces in British North America, for the best means of eflecting the same in connection with any lleginient or Regiments of Her Ma jesly's Forces ; nnd mny mtilu! all necessary Rules and Regulations, and as to the terms ii[)on which such instruction mny be compensated for, nnd generally for the ndvancement of Military Education amongst the Ollieers and Candidates:' for Commissions as afore- said. Conimnnder in oliie( may make ri'gu- ^lations. Mny select the •53. The Commander in Chief shall from time to time, and pupils nnii fix from aiiiong the ap|)licants for sucli nariiose, s(^lect such per- to be made to ^<^"^ '" '''^'h section ot tlic Provmcc as he may tinnk ht lor «''t'm. tht; purpose of attending such school of Military Instruction and if necessary remove thtj same ; and shall by General Order prescribe the allowances to l)e paid to such persons during their stay at the same, and the period for which tiiey shall undergo such instruction, Sucli pupils to be siibjed to Queen's lle- piilntions, Ai'Ili-les of ■war,«.Vu. •II. Every j)erson who shall have entered upon the course of Military Instruction as hen'in before provided, shall thereupon and th('n<;('f()rl'i and for the period prescribed in such General Order and upon his signin,'.^ a Roll of Entry for su(;h instruc- tion, lie suliicct to th(! Queen's Rules and Regulations, tlie Mutiny AtM and the Rules and Article's of War, and to such other Orders, Rules and Regulations, of whatever nature or kind to which Ifer Majesty's Troops are subject. Approprintion •55. In any appropriation of moneys for Militia pvu'poses, for .such school. t)j,,j.(j ^li;i|I |„. fti'i a])art a sum not less than one hundred thousand dolLirs lor the purposes of carrying into cllect the pro- visions of I lie three preceding clauses, to be accounted for as hereinafter recjuirerl. IJEPAnTMKNT OF MILITIA AFFAIRS. i.l Miiii.ster of inilitin unci hi« duties. !ii^. There shall b(^ a Minister of Militia, who shall be appointed from among the heads of the Public l)('i)aitments, and who shall b(^ charged with the administration of Militia All'airs, and of the ordnance, ammunition, arms, armories and other stores and provisions and habiliments of war belonging to the Province. NON SERVICE MILITIA. NGN SEKVICE ENROLMENT. Non-ScsTice ^"7. The organisation existing at the time? of the passing of militia,— what, this Act and known as the Sedentary Militia, shall be and continue 27 Vict. itnry duties, !iy cMtiiblish he Province, Its with the Irilish North n connection ty's Forces ; IS, and as to :^omp(>nsated y Education ons as afore- lo time, and I'l such per- think fit for d met ion and Mieral Order rsoPiS during [) tiiey shall 18G3. Militia. Cap. 2. 19 )n tlie course ill tlieivupon mch General •iturh instruc- iilioiis, the and to such er nature or a i)iirposes, nc hundred led tlie pro- )unted for as ho shall be partments, lislnition of lion, arms, jjliuients of o passing of lall be and continue continue hereunder and known and designated as the Non Service Mililia ; but so soon as any Non-Service Militianiaii shall be balloted for and enrolled in an organized Service Bat- talion under the provisions liereinbefore contained, he shall be from thence and so long as he continues so enrolled, exempt from being a Non-Service Militiaman. ♦5S. In time of peace, no actual service or drill shall be re- Enrolment quired of the Non-Service Militia, but they shall l^e carefully ofk'on-Smio enrolled from time to time ; — And those of the iirst class and mun in tuno second class Service Men not exem|)ted from muster, shall also "^ l'<-*'>'='^- assemble for muster annually, at such place and hour, in such Annual manner and for such purposes, as the Commanding Ollicer of '""*'»-■'■• each battalion may direct with respect to each eotnpiiny 1 herein; the muster day being in Lower Canada the twi.-nly-ninth of Muster days. June, or if that day fall on a Sunday, then the next day thereafter; — and in Upjier Canada the Quc'cn's Birthday, or if that day fall on a Sunday, then the day next thereafter ; 2. Except that the Commander in Chief may, in his discre- Exception, tion, direct tlint tiie annual Muster day of Non Service Militia in each Regimental Division, be the twenty ninth day of June. •59. The Commander in Chief may, by any Militia General Commander ia Order, dis;){'nse with the annual general muster of the Non c|'-i»''''n«y Service Mililia or any part thereof in either Section of the nltl^'Jer.'' ^' Province, either in any particular year or until further order, and may in like manner again direct such muster to be held, if he sees lit ; — and any such order shall have the force of law according to the terms thereof. 60. The Commander in Chief may, from time to time, by any Repmentai Militia General Order, divide the Uegimental divisions into •>"'! Uaitalioa Battalion divisions, and may designate such divisions by such '^''*"^"*' names or numbers as he sees fit, bu*. until any sucrh General Order, all Battaliondivisions within each County, shall remain as heretofore and now established. 61. The Militia resident in each Battalion division ^-hall p,attaiions and form a Batlalion of the Regiment of the Regimental division in Ke-mients whi{!li it lies; — and all the Battalions in any Regimental divi- "^ """^ " sion shall form the Regiment thereof. €i*2. To each Battalion a Lieutenant Colonel, and such Field and Staff number of Majors and Regimental Statf OlUcers, may be ^'I'^^ers. appointed as may be deemed necessary, <5S. Each Lieutenant Colonel shall, from time to time, divide company his Battalion Division into Company divisions, each contain- i'";'»'""»j ^^^^ ing as nearly as may be conveniently practicable, not less than """*^ ' fifty nor more than seventy-five resident Service men ;— And ihe Militia resident within each Company division siiall form a Company of the Battalion. 2* Gl. 11 I il 20 Cap. 2. Militia. 27 Vict. CominiMioncd 04. All OfTit'crs at iho titno of the pnssini,' of this Act hold- •niinonrom- inii; Commiissions in iiny Hiiltiilion of Militia shall reluin the ofllicrs. same (Innnsj; pk-asiire, and lioin time to time tliere may be n()|)ointe(l of CoinmissioiuHl Olfici-rs, a Captain, a Lieutenant, and an Ensicin ; and of non-Conimissionecl Olliecrs, three Ser- jeants and liiicf Corporals. Surgeons, iVc. Otl. Tlie Commander in Chief may appoint to nil Militia Battalions, the proj)er numlx'r of Surgeons and Assistant Sur- geons. Enrolment 00. The enrolment of the non serviee Militia shall be made hownmde. jn caeli Company division by the Captain thereof, with the assistance oi the Otiicers nnd non-eommissioned Ollic-ers of Duty of oflicers the Company; — And il shall be tlie duty of the Captain, and, ^sjoihe under his orders, of the otlier Olficers and non-eommissioned Oltieers of till' Company, by aetual encjuiry at each housi; in the Company division, ;uul by every other means in their power, to make ar.d keep at all times a eorreet Roll of the Com|)any in sueh form as may bo directed by the Adjutant General. Militiamen Iwund to give in their names- Rolls of Cora- panics to l>e made yearly. Returns of battalions. Corrected rolls may lo reqliirtxl. 07. p]ach man liable under this Act for non service enrol- ment in any Company, and not so enrolled, shall give in his name, age and place of residence, in writing, to the Oljieer commanding sueh Comjiany, within twenty days t.l'ter ho becomes so liable, whetlujr by th<' alteration of tmy Militia division, change of residence, or otherwise howsoever. 08. Each Oflicer commanding a Com|»anyof thenon service Militia shall, within twenty days after the annual muster day for such Cornpiiny, make out a corrected Jloll theicof, and transmit a certilied copy thereof to the Oliicer coinmiinding the Battalion, who, within forty days after such muster, shall forward a correct Return of the Battalion under his command to the Adjutant General at Head Quarters ; — And the Com- mander in Chief, may, whenever he decims it necessary, order that a corrected roll of every such Com|)any of the Militia be made out ; and it shall be the duty of every OHieer eormnan- ding a Company, within t(!n days after sueh order has been received, to make out such corrected Roll and to cause a copy thereof to be transmitted as i)rovided by the foregoing provi- sions of this section. '. BILLKTIVG AND CA.VTONIXO TROOI'S AND MILITIA WIIKN CX ACTUAL SKUVICK, A,\D l-'UKXISHIXG CA Hill AGK:,-, IIOUSKS, &C., FOR THEIK TRANSPORT AND USE. fiO. When the Troops of Her Majesty's Service or the tho"eon'wLm l^^litia or any part thereof are on a march within this they are billet- Province, and billeted as hereinafter mentioned, every house- holder therein shall, v/hcn required, furnish them with house- room. What shnll l;e 27 Vict. lis Act hold- ill vc'liiin the L'K! may be , Lii'iit(Mi!int, s, tlin;e Ser- • all Milllia ssistant Sur- i;ill be made of, with the Oliiccrs of Captain, and, )mmi.ns(! in ins in tiieir t Uoli of the lie Adjutant 1863. Militia. Cap. 2. 21 orvico cnrol- 1 i^ivi' in his ) tin; Ollicer ys t.lU'r ho any Militia vor. '. non service nnistcr day thereof, and Handing the uster, shall s command I tlie Com- ssary, order e Militia i)c er eomman- r has been ause a copy oing provl- WHKN ex IIOUSKS, vk-c or the vitliin this very house- vith house- room. 4 room, fire and utensils for cooking, and candles ;— And in i.ni.rt»»inK cases of emergency, by actual invasion or otherwise, the <"'i-int:i«, \-i., Ollieer commanding the Regiment, Battalion or Detachment ""'■""'''''■"'^' of Troops or Militia, may direct and empower an^ Olfieer or non-commissioned Ollieer of the same, or other person, after having first obtained a warrant for such purpose from a Justice of the Peacie, to impress and take such horses, carriages or oxen as the service may recjuire, the use of which shall be thereafter paid for at the usual rate of hire for such horses, carriages or oxen. « 70. When the said Troops of Iler Majesty, or the Justice of i he Militia or any part thereof, or any Regiment, liattai ion, '*''"'^'" '"'''"«-'' or Detaclmient oi the same, are on a march as aloreisaid, tiie „i Cominnnii- ollieer or non-commissioned Ollieer commanding them shall ""8 oiiicer, require a Justice of the Peace to billet, and such Justice shall immediately thereupon so billet the said Troops or Militia as to facilitate their march, and in such manni-r as may be most commotlious to the inhabitants ;— And every inhabitant householder shall receive the Troops or Militia so billeted upon him, and furnish them with the lodging and articles mentioned in the next preceding section. 71. No OfTiccr shall be obliged to pay for his lodging where he is regularly billeted ; but each householder upon whom such soldiers are billeted shall receive from Government for each non-commissioned Ollieer, Drummer and Private of Infantry, a daily rate often cents, and for each cavalry soldier, whose liors(; shall be also provided with stabling and forage, a daily rale of twenty-five cents ; And every Ollieer or non-com- missioned Ollieer to whom it belongs to receive, or who does actually receive the jiay for any officers or soldiers, shall, every four days, or before they (juit ihoir (piarters if they do not remain so long as four days, settle the just demands of all householders, victuallers, or other persons upon whom such olllcers and soldiers are billeted, out of 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 tlu'ir pay and subsistence money for the time, beyond which credit is not to be granted. 72. When the safety of this Province requires that the Qnarteiinf: said Troops of Iler Majesty or Militia, or any llegiinent, "'>'"^'''';''''?, attalionor Detachment oltlie same should be canlon(.'a m any eanionmcius, 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 Ollieer commanding them, or on a recpiisiiion from the Oiluer commanding any such cantonment, quarter anil billet the Ollicers, non-commissioned Olficers, 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 possible to incoinmode the said Lodging of Ollicfjs not to be ]iaiil for. Allownnce for men billeted. Proper Otnrer to settle ue- coiiiits oJ'OtTi- oers anil sol- diers out of their pay, ice. 22 Cap. 2. Militia. 27 Vicr. Complnint of pi-rsdim II'.'- ffrit'Vi'il, niid how rodrf.tKfd. 8ai(] inlmbilants, and taking duo cure tu accominoJntu tho suid Trooj).s or Mililia. 711. If any inliabitant considers himself niri^rievod by havinL; a gifiitcr number of the said Troops or Mililia billeted upon him ihau Ik^ ought to bear in proj)oi'lion to iiis neighbours, then on eoMiplaini being iuad(^ to two or more .Fustiees of the loeality wliere sueli Troops or Militia are •untuned, they niay relieve sueh iniiai)it:int, by ordering ■'ni ii anil so many of the said Troops or Militia to be veuioved and (piartered upon sueli other |)t'rson or persons as they see cause, ami sueii other person or persouni lUiall reeeivu sueli Troi»ps of Mililia aeeordingly. Nn.iiistioe, 7'B. No Justice of the Peace having any Military Olliee or bfiMg ail oiii- Commission in the said Troops or Militia, shall directly or ciT to hilli'l or ... , , , . , ' . ■ .11 • !• "^ qtmrter troiips. indirectly bo concerned in the (piartermg or biljetmgol any C)lli(!(!r, non-<'Ouuuissioned Ullicer, or Soldier of ihi^ Ucgimeut, Corps or Detachment under the iuuncdiate command of sucla Justice or Justices. Troops not to he lnlli'lfd upoa Muui^, ice. 7»"i. Nothing in this Act contained shall be construed to authorize the (pnirtering or billeting of any Troo])s or Militia cither on a march or in cantonment, in any Coiivent or Nunnery of any Keligious Order of Females, or to oblige any such Religious Order to receive such Troops or INlililia, n'!u : > replace them ; and such carriages, horses or oxen shall be paid for at the usual rate of hire. Jn cn.«.> ( f eiiicf "o-.i y bouts, ic.r ', inny Ix icqiyr ed ii, !,;ie manii'jr. 77. In cases of emergency, when it is necessary to provide proper and speedy means for the conveyance by railway or by wa'er of the Troops of Her Majesty or of the Mililia, and also of tl'-ir ammunition, stores, provisions and baggage, — any Justice of the Peace of and in the locality where such Troops or Militia arc 27 Vict. Jatu the »u.k\ frijricved by liiiii billeted < 111! if,'li hours, on; Jn.slioes re •itntoned, '4 ••'(u ii aiul L'ii)'./\ed and •y ^t'e fMUMi', I'll '^roop^t Of lary Oirico or ill (iirt'i'ily or l('tin,L( ol" any in Kci^'itneiit, Hand n{ sijcli const rued to )s or Militia il or Niinn«My L(e any such ililia, or to Militia are where .such t ellecl from , or a lequl- cantoniiient, (liiisiie anil his Warrant a^i;es, horses or them to ;iny person, same, they l^it no such lenlioned in d to jiroeeed re.-,'' •/.^■es, )hiei; liiem ; id lor at the y to provide ilway or by , and also of ■any Justice )s or Militia are 1833. Mililia. Cap. 2. 1 I are either on a inarch or in cantonment, upon rcceivinc a requi- sition in writing ' from the Ollieer coinnmndini,' hucIi Troops or Militia, for such railway cars and engines, I oats or other craft, as are requisite for the conveyance of the siid Troops or Militia, and their ammunition, stores, provi- sions and baggage, — shall i.-siic his warrant to such person or persons as are possessc d of such railway cars and engines, boats or other i^raft witiiin his jurisdiction, requiring him or them to furnish the ime for lli.ii service, at and after the iat(! of H„toorpny payment to be allowed l>y the said Juslice, not exiiceding the tin- tho .•.nme. usual rate of hire for such railway cars and engines, boats or other craft;-" .Vnd if any such pijrson neglects or ivfiises, al'terre- May ''« •">- cciving such warrant, to furnish such railway cars or engines jS'tu'iuru^sh. or boats or other craft for that service, such railway cars or engines, boats or other craft may be impressed and talum for such service ; — But nothing herein shall impair the eirecl of any AstoRniiwny Act obliging any Railway Company to convey such Troops, ^'""P"""'''*" Militia, and othiir articles aforesaid, in any manner or on any terms and conditions therein mimtioncd, or to release any such Company from any obligation or penally thereby imposed. OFFKNCES AND PENALTIES. 7S. Any Odicer or non-Commissioncd Odieer appointed ijninwruiiy or to be appointiid to the Militia, who obtains under false iftainin}.' mo- j)r('t(!nc(!s or wiio retains or keeps m liis own possession, in^ri,, miiiua- witli intent to ap|)lv to his own use or bcni^tit, any moneys '"i""'" ^«'* belonging to any non-coiuinissioned ollieer or private ot any Corps, or moneys of any kind for Militia Services, shall be guilty oilemter rwlu- of a misdemeanor, and shall be reduced to the ranks of the ''i''""iiw Militia. 79. Any Sherifl', Warden, Registrar, Assessor, Valuator, shorifr^nnd Clerk of a County Council in Upper Canac' t, Secretary- I'liji^rOiiic-frs IriNisurcroi a County Council in Lower Canada, Clerk ol (on,, their un- the Peace, or Militia Odieer designated by the Commander in ti»'s uikUt tixia Chief for making the Militia Kolls, refusing or neglecting to f„Ji,ie'|o a pi.'rform the duties hereinbefore required of him, f^hall be liable, ix-'nalty. on conviction, to a penally not exceeding fifty dollars. SO. Any person making an Adidavit or Declaration required False sweur- in and by this Act, and swearing or declaring falsely therein, ■'','.*:'" ^" P*"' ,,,,•'.,„'. » o J » jury. sha! be guilly ol perjury. 81. Any person refusing or neglecting to make or transmit, uefusnito as herein prescribed, any Militia roll or return, or copy nwke rolls, &o. thereof, required by this Act or by any lawful authority, or vriifully making any false statement in any such roll, return, or cop . , shall thereby incur a penalty of one hundred dollars lor each olience. Asse SiJ. Any ixrson of whom information is required by any punishment of >sesf^or or V duator or Militia Officer making any Militia persons re- Roll, I'usirig: informa- tiun to any as- 24 Cap. 2. Militia. 27 Vict. eesflor, (Src, Roll, in order to enable him to comply with the pro- under this act. vlslons of this Act, refusing to give suph information or giving false information, shall forfeit and pay a penalty not exceeding twenty dollars for each item of information demanded of him and falsc^ly slated, and the like sum for each indi- vidual name that may be refused, concealed or falsely slated, and every person refusing to give his own name and proper information, when applied to as aforesaid, or giving a false name or information, shall forfeit and pay a penalty not exceeding twenty dollars. Or any notice 83. Any person whomsoever refusing or neglecting to give ^^' any notice or information necessary under this Act, shall thereby incur a penalty of twenty dollars for each ofl'ence. Neglecting to 8 9. Any officer, non-commissioned officer or man who atxeml muster, neglects or refuscs to attend any muster or insi)cction or ntirade or misbehaving ^, , , , • i i r i r theruai, l'cc. at the i)lace and hour appointed therelor, or who reiuses or neglects to obey any lawful order at or concerning tlie same, shall thereby incur a penally not exceeding five dollars for eac!i otl'ence. Hindering: Mi- litia at drill. Disolx?ying or- ders, iJcc. 8»5. Any person who interrupts or hinders any of the Militia at muster or inspection or parade, or trespasses on the bounds set out by the proper officer for the same, shall thereby incur a penally not exceeding ten dollars for each ofl'ence, and may be taken into custody and detained by any person by the order of the Commanding Officer, until such muster or inspection or parade be over for the day. 86. Any officer, non-commissioned officer or man of the Militia disobeying any lawful order of his superior officer, or guilty of any insolent or disorderly behaviour towards such officer, shall thereby incur a penalty not exceeding ten dollars for each oflence. Not {{cepinpr arms, ice, in proper order. 87. Any officer, non-commissioned officer or man of the Militia who fails to keep any arms or accoutrements delivered or entrusted to him in proper order, or who ap|iears at muster or inspection or parade, or on any other occasion, with iiisarms or accoutrements out ol proper order, or unserviceable, or deficient in any respect, shall incur a penalty not exceeding five dollars for each such ofience. Selling witii- 88. Any officer, non-commissioned officer or inan of the horse d^riiied^ Militia, who, without the couseut of his Commanding Officer, andapproved sells or disooscs of any horse which has been drilled for the lor any Troop, p^^^poses ol the Militia, or which he has undertaken to furnish for such purposes, and which has been approved by the Commanding Officer, shall thereby incur a penalty not exceeding thirty dollars for each oflence. &;c. 89. 1863. Militia. Cap. 2. 25 ith the pro- formation or penalty not on demanded n- each indi- alscly slated, ic and proper jiving a false penalty not acting to give s Act, shall oflence. •r man who ion or parade o refuses or ig the same, e dollars for of the Militia n the bounds hereby incur oflence, and erson by the or inspection man of the 3r oflicer, or )\vards snch g ten dollars man of the Its delivered irs at muster ,'itli ills arms viceable, or •t exceeding man of the ing Officer, lied for the lertaken to ipproved by penalty not 89. 89. Any person who unlawfully disposes of or removes trniawfniiy any clothing, arms, accoutrements or other articles belonging )r of K'mier niiout the Magistrate before whom the complaint is made, upoii £.',.0^"^^^,,?" aflidavit shewing that tlicn; is reason to l)eli(;ve that such person is al)out to leave the Province, carrying any such ciothing, arm^-, accoutrements or articles with him. 90. Any Oflicer, iion-cominissioned oflicer or private of Miliiia re- ^lilitia who, refuses or nt^glects to obey any lawful order of his ru^nii^io mm superior olheer or ol any magistrate, shall thereby incur a civil powur. peniilly of twenty dollars for <>ach oflence. 91. Any inhabitant housf.'holder who refuses or neglects to Rfiusinc- to receive any Troops or INIilitia billeted upon him or to furnish rcwivo .viiliiia them with the lodging and artic-les which he is by this Act ^" *■*■' reeinired to furnish, shall thereby incur a penally not exceeding ten dollars for each ollimce. 9*^. Any person lawfully required under this Act \o fur- Reiiisin-to nish any carriage, horse or ox, for the conveyance or use cf any I'lnn-ii car- Troops or Militia, who neglects or refuses to furnish the '^ame, %Xi'u"iiiw"iiilly slnill tluMvby incur a penalty not exceeding ten dollar:; for each iviiuirt;(l. such oflence. 9JI. Any person lawfully required under this Act to Ornnyoar, furnish any railway car or (engine, boat or other craft, for the *""^'"';''^"'" f •- J J I , , , ' or emit. conveyance or use ol any Troops or Militia, who neglects or refuses to furnish the same, shall thereby inciu- a penally not exceeding four hundred dollars for each suc-h ollimce. 91. Any person who, while the Militia is not called out Contravenin:? for actual service, wilfully contravenes any enactment of this ii'i* -'^''j w'lere Act or any regulation or order lawfully made or given under nau'v is'pl'o- it, when no other penalty is imposed for such contra- videJ. vent ion, shall thereby incur a ))etially not (exceeding ten dollars for each oflence, but this shall not prevent his being indicted and jmnished for any greater oflence if the facts amount to such; and in such cases courts martial shall not >,'o courts be held. , nmiiial ill such cases. 9»5. All penalties incurred unc.er his Act shall be recoverable, ivnaliies with costs, on the evidence of one credible witness, on complaint under tins net or information before one Justice of the Peace if the amount raUe'^^*^^^"" do i; 26 Witnesses. Imprisonment in casu oL' non- payment. Cap. 2. Militia. 27 Vict. do not exceed Ion dollars and before two Justices of the Peace if the amount exceeds that sum ; — And any oflicer, non-commissioned odioer or private of the Militia shall be a competent witness in any such case. 96. And in caf^e of non payment of the penalty immediately after conviction, it shall be lawful for the convict ing .Justice or Justices to commit the person so convicted and mailing default in payment of such penalty and costs to the common Gaol of the judicial district, territorial division or locality in and for wiiieh the said .Justice or Justices is or are then actin<^, or to some house of correction or lock-up house jsitiiate therein, for a periofl of not less than ten days wh(.'U tlic penalty does not exceed twenty dollars, and for a period of not less than twenty days nor more than lliirty days when it exceeds the last menlionrd sum. Ht.\ On whose com- W7. No prosecution against an Oflicer of Provincial Militia P'aint priKiitifs f^jj. .jj-jy p->n;dly uudcr this Ael shall be brought {>xcept on iho complaint of the Adjutant or l)e[)u!y Adjutant (jcnf'ral ; — And no such ])vose(Mit!on against any non-eommissioneed oHlcer or private of the Militia, shall be In-oiight exeej)t on the complaint oflhe Commanding Ollieeror Adjutant t)f ihe Corps to which suel) non-counnissioiied ollicer or private belongs ; — IJut iho Adjutant or Deputy Adjutant General may aulhorize any ollieer of Militia to inak(^ such complaint in his name, and the aiilliorily of any such ollieer alleging himself to have been so authorized to make any complaint, shall not bo controverted or called in cjuestion except by the Adjutant or Deputy Adjutant General. rnny bellied lor. Evidence of aii^horiiy to sue. JjimitntiDii of tiifie lor siR'ti prosecutions. 9S. No such prosecution shall lie commenced after the expiialionof six monilis from the commission of the oiTcnee charged, unless it l)(' for unlawfully buying, selling or having in possession clothing, arms or accoutrements delivi^red to the Militia ; and no prosecution against any person named in the seventy-ninth section of this Act or ai|ainst any Munit^ipal Ollieer for any penalty under this Act, shall be brought except u'pon an on'tn- to that ellV-et by or from the Minister of Militia. Ar.piicntioii of 5>©. The ])enalty when recovered shall forthwith be trans- pttmUies. mitted to the Adjutant General, who shall account for ;md p:\y it ov(M' to the Receiver General as part oflhe Con.solidated lievenue Fund. Orders and notii'f.s nerd net t>e in wi'it- iii:r, ifgivt'u in jierson. MISCELT. ANEOUS PIIOV ISIOXS. 10^. It shall not be necessary that any order or notice under this Ad be in writing, unless it is lierein re(|Liiretl, that it shall be so, provided it be communicated to the person who is to obey or be bound by it in person, either directly by the officer or person making or giving it, or by some oilier by his order. 101. 27 Vict. 1863. MiHtia. Cap. 2. 27 oos of the ny oflicer, shall be a nmediulc'ly * .Justice or ing ilcfaulf; ion Gaol of )y in and aclinij, or itc therein, nahy does t less than, 'ds the last 'ial Militia ;ej)t t)n the ral ; — And 1 ollicer or complaint s 1o which ; — But (ho lorizo any lis name, himself to ia!l not bo Adjutant after the le oiTence or havini^ ed to tlu^ ed in the VJnnicipul lit e\'ee[)t Militia. be Irans- t for and isolidated t)r notice ired, that rson who y by the or by his 101. "*i' 101. All General Orders of Militia, or other Militia Orders General Order* issued through or by the Adjutant General, shall be held to be ''^^ notified. sulliciently notified to all persons whom they may concern, by their insertion in the Canada Gazette,— Awd a ci)py of the said Evkienco. Gazette jnu'ijorting to contain them shall be primd facie evi- dence of such orders. 103. All Orders made by the Odicer Commanding a Reffimentnior Corns '^hall be held to be suOieieiitly notified to all persons V'"'"!''*" "'" whom it may concern, by their inseition m some newspiiper tiued. published in t!ie locality, or, if there be none, then by posting a copy thereof on the door of the church or of some court- house, mill, or other most public place, in the Regimcjntal Division. lOJ?. The production of a commission or appointment, war- Evideiueof rant or order in writing, i)Ui'porling to be granted or made ^■^^''""'''■*'""^> according to the ])rovisions of this Act, shall be y;/7'mc^ /i/cit' ' ' evidence of such eommission or appointment, wartrmt or order, wilhou* proving the signature or seal thereto, or the authority of the j)erson granting or niakii^g such eommissioii, appoint- ment, warrant or order. lO'l. Every bond to the Crown entered into by any person under tile aaihovity of this Act, or according to any General Order or itegiilaiions inad(^ under ii, or for the [)urpose of securing the paymeilt ol' any sum of money, or the performance of any duty or act hereby reiiuircd or authorized, before any Judge or Justice of \he Peace, or oilicer therein authorized to take the same, shall Ix; valid and may be estreated or enforced accordingly. 1^>»"5. Every sum of money which any person or corporation is under tliis Act liable^ to pay or repay to the Crown, or which is equivalent to the damages done; to any arms or other property of the Crown used lor pur])oses of the INIilitla, shall be a de!)t due; to the Crown, and may be recovered in any manner in which such debts maybe recovered. iiii^. Every action and i)roseeu'i ion against any Ollicer or person, for any thing done in |)ursuance of this Act, sliidi be laid and tried in I.ower (.'anada in the district, and in Uiii)er Caniula in the (lounly, where the act complained of was done, and shall not b(i commenced :d"ter the end oi' 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 Itecn given to the defendant ; — And in anjr such action the defendant may plead the general issue and give this Act and the special matter in evidenc(^ at the trial; — And no plainlilf shall rect)ver m any such action if a tcuider of suilieient amends was made before the action was brt)nght, or if a suilieient sum of money has been paid into Court by the defendant after the action was brought. lor. rSoiids enti-reJ into, ill pur- suance ol'tliis Act, to be valid. Sums of mo- lu'v payable to Ur' Crown iimlcr tills Act, how recover- able. Proloction of Oillcors, i.Vo.,ia |)uisuance ol tlii4 Act. ti? 28 Jfplainti/rhe non-suit, &c. Payment of moneys under this Act. Proviso, Cap. 2. Militia. 27 Vict. 107. If a verdict passes for the defendant in any action referred to in the next preceding section, or the plaintiff becomes non-suit or discontinues the action after issue joined, or if on demurrer or otherwise judgment is given against the plainlitT,--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 is given for the plaintiif, he shall not have costs against the defendant, unless the Judge before whom the trial has been had certifies his approbation of the action and the verdict therein. I OS. 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 the Militia, to enable him to pay such expense, or in favour of the parly directly entitled to tlie money; But no sum of money shall be so paid out of the Consolidated Revenue Fund until first approved of l)y resolution of the Legislative Asseml)ly in the annual estimates. Accounting to Parliaiuunt. Repeal of ibr- mer Acts. Exception. 1 09. A detailed account of all moneys advanced or expended under this Act shall l)e laid l)elbre eaeli Branch of the Provincial Parliament within fifteen days after the opening of the then next session thereof. 110. The thirty-fifth chapter of the Consolidated Statutes of Canada and the Act twenty-fifth Victoria, chapter one, are hereby repealed ; — Except that all oU'ences heretofore committed against the said Consolidated Statute, may bo prosecuted and punished under the same, which shall remain in force as to such ofFenccs. Quebec : — Printed by G. Desbarats & M. Cameron, Law Printer to the Quccn'b Most Escellout Jliije^ty. 27 Vict. ■•f in any action r the plaintiff issue joined, or n against the 'ts as between mcdy therefor >ugh a verdict s against the 1 has been had erdict tlierein. any expense ! Consolidated It directed by warrants may the Militia, 1o r ot' the parly f money sliall nd until first isembly in the d or expended ranch of the lie opening of ated Statutes iptcr one, are iro committed rosoculed and in force as Camkro.v,