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Lorsque le document est trop grand pour Atre raproduit en un seul clich6, il ast film6 i partir de I'angia supArieur gauche, de gauche A droite, et de haut en bas, en prenant le nombre d'images nicessaire. lias diagrammes suivants illustrent la mithoda. 1 2 3 12 3 4 5 6 !*■? /^ . . /a,; .- ' It ^- *^-^- -f. ^-C "^^ " '■ ^ C^^.^ >. ... V AN J&MBth^e. 3; n.e de I'UniversiiAi' H E F i: A r. , A \. r i:: \i a a T) a ai i-: \ r> , THE MILITIA LAWS OF THIS PROVINCE. PRINTED BV ORDKK OF THE COMMONS MOUSE OF ASSEMRL' r o R o N T o : ^Mx r.. STANTON, PRIMTER TO THK IJUEKN's MOST f.Xri.I.r.KNT MikE^rV. " , / Mucccxxxix, ' ' » ' :ry 1 AN ACT TO IlKPEAL, ALTER AND AMEINU, THE MILITIA LAWS OF THIS PROVINCE. ^. .♦■•■■ >. PASSED llTH MAY, 1 sA^,Q.i \ J \ , ■»i V ' '•\ PKINTED BY ORDKR OF THK COMMONS HODSK OK ASSEMBLY. T O K O N T O : R. STANTON, I'lUN lEK lO JUK QOEEN's MOST EXCfcLLEAT MAJEbTV. MUCtCXXXlX, i I AN ACT to repeal, alter and amend, the Militia Laws of this Province, Whereas the provisions of an Act passed in the Preoml>|p. first year of Her Majesty's reign, entitled "An Act to amend and reduce into one Act the Militia Laws of this Province," have been found insufficient ; uind whereas, it is necessary to make further pro- vision to place the Militia of this Province upon a more efficient footing : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, entitled "An Act to repeal cer- tain parts of an Act passed in the fourteenth year of His Majesty's reign, entitled * An Act for making- more effectual provision for the Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province," and by the authority of the same, MiutiaAct i That the said Act, and all the Acts mentioned in ^j^'- «=• p- 'V«i the last clause thereof, be and the same are hereby repealed. MiLiTfA Law — 2nd Victokia. vi \\ II. And ln' it furtlur fnuclcd bij the author it if fnwr nu,yiUvuu^ a/ore.saiit, 1 li.'it trom and allor the iiaasincf of this Alllitin lull) 111*- * in CtXn""''n.i Act, it sliall and may ho lawful for the Lieutenant (jrovernor, Irotn time to tune, to divide the Militia of this Province into such number of Regiments or Battalions as he may deem most conducive to the Rrtnkoiomcor^i ^^'cicncy of the said Militia; and under his hand and seal to ai)|)()int a sulHcient number of Lieu- tenant Colonels, Majors, Captains antl other Offi- cers, to train, discii)line and command, the said Militia, according to such rules, orders and direc- tions, as shall from time to time be issued by him for that purpose; which Officers of Militia shall rank with Officers of Her Majesty's Forces serving in this Province as junior of their respective rank : omccrcommand. P/ovidcd nevcrtheh'ss, that any Colonel, Lieutenant li"Roil'S&c' Colonel, or Officer in the command of any Jtcgi- his I'unimnnil in ■.. 1. rit/i'i' * ' 1 ■ 11 ■ 1 r.>.p.Mt of such mentor iJattalionot Militia in this Province, havinir ceases. rcmovcd, or hereafter removing, from the District in which the limit of such Regiment or Battali(»n is situated, to which such Colonel, Lieutenant Colonel or Officer in command, respectively be- long, that the authority of such Officer shall cease, in as far as relates to the command or any inter- ference with the duties of such Regiment or Bat- talion. in. And he it further enacted hy the authority Militiamen to bo - t rt^\ ^ •»«■•!•• r»i' ii ' iii not less than aforesaid, 1 hat the Militia oi this Province shall eighteen nor "^ jTa« of aje."''"'' bc composcd of thc male Inhabitants thereof, not less than Eighteen nor more than Sixty years of age. MirJTiA FiAW — '2m\ Vurroiii.x. having IV. And hr 'U farther vnactvd h;/ the (lulhoriiif aforesaid, Tlint iIk^ Ollicors now cotnni.iixling Roginieiits or Battalions of Militia, or who shall heroarter connmand the samo, Hhall rc«piirc the Captains, or OiFiccrs commanding companies or divisions in such Itcgimcnt or Battalion, to call upon tlic Inhahitants liahle to serve within the limits of his company or division to enrol their names as Militiamen, at least once in every }ear, that is to say, on the fourth day of June, or if that day be upon Sunday, then on the following day, in each year; which emolmcnt shall be made at a place to be appointed by the Officer command- ing the Regitnent or Battalion: Provided alwai/s, that no |)erson shall enrol himself as aforesaid unless such person is a natural born Subject of Her Majesty, or a Subject of Her Majesty naturalized by an Act of the British Parliament, or become such by an Act of tlu* Parliament of this Province, or a person who has taken the oath of allegiance. V. Afid be it further enacted by the authority aforesaid, That every person liable to serve in the Militia of this Province, residing within the limits of any Regiment or Battalion, shall appear at die place so appointed by the Officer commanding such Regiment or Battalion, and there enrol his name as a Militiaman, and if a question shall arise as to the age of any person required to enrol him- self, it shall be incumbent on him to prove his age. IVr*i)ii« lliiliU In Mllitin DArviro In I'linil tlii'iii>itivi>« I'vxry luurlU ul' Junui At placo iippoiiU" oil liy Ciiniiimud- iii|r OlHcor; Siiliircts of llrr Miyr.-iy only rri|iiiri'il III enrol lluMilNulvci, Innimbpnl on |ll■r^nnH liiihli' lo Hi'ivirn to up|H .11 ut plni'i! nppuint- i>(l, and if nccPK- Miry to provo IiIn iigi). c Militia Law — 2nd Victoria. ii t i Vf. And he it further enacted hy the authority crnor inSy cuir* aforesciid, Tliot it shfill be lawful for the Lieutenant out Militia in " aXmo^or' Governor to call out and embody the Militia of coS"'th"m this Province, or any portion thereof, in a time of f^mbodiea so long • i t-i • -n i «« necewary. actual War With a roreign rower; to put down, or suppress Rebellion; to repel Invasion; or for any purpose connected with the preservation of the public peace ; by Ballot, or in such other man- ner as to him shall seem best; and to continue the Not exceeding Militia SO callcd out embodied for actual service Bix months ut ono i . -, . . . , p time; SO long as in his opinion may be necessary, tor a period not exceeding Six Months at any one time; nrg'recLg'or and any person refusing to obey such order or refusing to obey •/ i ^ o ** euchcaiii command, or absconding from, or neglecting to repair to the place he is ordered to, shall as soon as possible be brought to trial before a Court Mar- tial as hereinafter provided, and being a Commis- sioned OHicer shall forfeit and pay the sum of Fifty Pounds, and be held to be unfit to serve Her Majesty as an Officer in any military capa- city, and being a Non-Commissioned Officer or Private shall forfeit and pay a sum not exceeding the sum of Twenty Pounds, in the discretion of Imprisonment for the Said Court : aud in default of payment for such ment ; Fcfusal or ncgloct, such Officer, Non-Commissioned Officer or Private, shall be committed to the com- mon Gaol of the District, for any time not more than six months, in the discretion of such Court, except such person shall satisfy the Colonel or Officer commanding such Regiment or Battalion Militia Law — 2nd Victoria. more to which he belongs, that such refusal or neglect arose from sickness, or that he was absent upon leave ; and that all such penalties shall be levied and collected in the same manner as penalties ai e authorized to be levied and collected, by the authority of this Act, for disobedience of orders in time of peace: Provided always, that whenever it shall happen that only part of the Militia of this Province shall be called out for actual service, it shall and may be lawful for any person, being of the Militia of the County or Riding that may be so called out, or of any City within the same duly chartered by any Act of the Parliament of this Province, to provide and send an able-bodied man to serve in the said Militia in his stead, and such able-bodied man shall be taken and received as a proper substitute for such person living in the County, Riding, or City, that would otherwise be obliged to serve in the said part of the Militia called out as aforesaid : Provided nevertheless, that Colonels, Lieutenant Colonels, or Officers in the command of Regiments or Battalions, and all Officers of Militia shall reside within the District in which the Regiment or Battalion is or has been situated, to which such Officers respectively be- long; and that any Colonel, Lieutenant Colonel, or Officer iii the command of any Regiment or Battalion of Militia, or any Officer having removed, or hereafter removing from the District in which the limits of the Regiment or Battalion of Militia, How peiialUen to bo collected ; Person called upon to servo may provide substitute ; Officers to reside within the limits of their respec- tive Regiments, &c. Officers leaving the limits of their respective Rcgi- ments, &c. coaso to command therein. I .' 8 ^ 'f H i 1 Militia may be marched lo/ service to Lower Canada, or to any otiiorplacewhere preparation is making Tur invading this Province. ii 11 Officers com- manding may asHcmblo Militia two days in each year for the piirpoE^c of drill and ioKpoction; MiLiTiA Law — 2ii(l Victokia. under the command of such Colonel, Lieutenant Colonel or Officer, is situated, that the authority of such Colonel, Lieutenant Colonel or Officer, shall cease, in as far as relates to any interference with the command or duties appertaining to the Officer in command of any Regiment or Battalion of Militia in this Province. VII. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the Lieutenant Governor to embody the Militia of this Province, or such portion thereof as he may think necessary and expedient, and to march the same into the Province of Lower Canada, at any time when the same shall be actually Invaded, or threatened with Invasion, or in a state of Insur- rection, or to march the said Militia, or any por- tion thereof, to any place without the limits of this Province, for the attack of any enemy that may have invaded, or may be marching or collected for the [)urpose of invading this Province, or for the destruction of any Vessel or Vessels built or building, or any Fort, Depot, or Magazine, formed or forming by any Foreign Power at War with our Sovereign Lady the Queen, Her Heirs or Successors, from whence the Invasion of this Province may be apprehended. VIII. Ana be it further enacted by the autJwrify aforesaid, That the Colonel, or Officer command- ing any Regiment or Battalion of Militia within this Province, shall have power and authority to ■>;* Militia Law — 2nd Victoria. leutenant authority • Officer, 3rference ig to the Battalion authority 111 for the Militia of he may larch the la, at any /aded, or of Insur- any por- its of this that may collected e, or for built or e, formed »Var with Heirs or I of this autlwrity 3mmand- a within lority to assemble his respective Regiment or Battalion two days in each year, id oftener if thereunto directed by the Lieutenant Governor, at such place or places as he shall appoint, for the purpose of drill and inspection; and that the Captains or Officers in command of Companies, shall cause a verbal or written notice to be given to each Mili- tiaman within the limits of their Companies, either personally, or by leaving the same at their respec- tive places of residence, of the time and place when such drill and inspection is to take place, at least four days previous thereto, which notice shall be served as aforesaid bv such Non-Commissioned Officer as the Captain or Officer commanding the Company shall appoint and direct. IX. And he it further enacted by the authority aforesaid. That all Officers of Militia appointed under and by virtue of this Act, shall hold their Commissions during pleasure. X. And he it further enacted hy the authority aforesaid, That on or before the fourteenth day of June, in each and every year, the Colonel or Officer commanding any Regiment or Battalion of Militia, in this Province, shall transmit to the Adjutant General of the Province, a return of the effective strength of the same, the vacancies that may have occurred from any cause among the Officers of such Regiment or Battalion, and the names of persons recommended to fill such vacan- B Notice to Militia- men of time and place of usssembl- »»8i Four days previous thereto. OfiicerB to hold their Commis- sions during pleasure AnnunI Iteturns to Adjutant General on or before 14th of June. ■p. •t ;'; 10 Militia Law — 2iid Victoria. cies, together with such further information as the Lieutenant Governor shall from time to time direct to be included in F.ich Return. Licutcna.it Gov- XL Ami 1)6 It fu7'ther enacted by the authority ''?r'"i."i?'''''" aforesaid^ That the Lieutenant Governor shall Militia rank. j^^^^g f-^]] pQ^ver aud authority to appoint persons belonging to his personal Staff or on the Staff of the Militia, to such Militia rank as he may think proper to confer, not exceeding the rank of Lieu- tenant Colonel, independent of and apart from any rank that may be held by such person, in any Regiment or Battalion of Militia, in this Province. Lietitonniit Guv- em or mny proscrilio uni- form. XIL And he it further enacted by the authority aforesaid, That it shall and may be lawful for the Lieutenant Governor, from time to time, to pre- scribe the Uniform to be worn by the Militia of the Province when on duty, or assembled for drill or inspection. Officers to pro- XIIL And be it further enacted by the authority vide themselves -' xj u ?lhin"i[mT'*'' aforesaid, That any Officer of Militia who shall limited or be • i • p i ■ 1 t * superseded. not, withm ouo year trom the time the Lieutenant Governor shall prescribe the Uniform for the respective Regiments or Battalions, provide him- self with such Uniform, including a Sword, and who shall appear at any Muster or Inspection of the Regiment or Battalion to which he belongs without being dressed in such Uniform and Sword, or who shall not have provided himself with such books of instruction as may be hereafter required -i ,t as i rmation as ne to time e authority ;rnor shall int persons he Staff of may think ik of Lieu- apart from rson, in any s Province. \e authority v^ful for the me, to pre- 5 Militia of ied for drill e authority who shall Lieutenant m for the ovide him- >word, and jpection of he belongs md Sword, with such tx required I i'; M.MTiA Law — 2nd Victoria. l)y any Militia General Order, shall be, and he is hereby declared superseded. XIV. And he it further enacted by the authority aforesaid, That it shall and may be lawful for the Lieutenant Governor, in his discretion, to consti- tute Regiments or Battalions of Dragoons, Artillery or Light Infantry, separate and distinct from other Regiments or Battalions, in the several Districts of this Province, to be selected from the different Regiments or Battalions therein, as the Lieutenant Governor may direct: Frovided nemrtlieless, that nothing in this clause contained shall be construed to prevent the formationof Companies of Artillery, or Troops of Dragoons, within the limits assigned to the several Regiments or Battalions of Militia, to be independent of, or attached to such Regi- ments or Battalions, according to such orders or directions as the Lieutenant Governor may from time to time make in that behalf XV. And he it further enacted hy the authority aforesaid. That Regiments or Battalions of Dra- goons, Artillery or Light Infantry, so constituted as aforesaid, shall be subject to such orders, rules and regulations, with respect to Drill, Inspection, or other duty, as from time to time, may be issued by the Lieutenant Governor, for their efficient prgaaization for actual service, apart from the other Regiments or Battalions of Militia in the Province. 11 Licutennnt Gov- ernor nmy appoint llcgi- niciilM, i&c. of DraitODiiH, Ar- tillery or |ji|,'lit Infantry ; Witlioutpreju- dicp to tlio formation of Artillery Com- Iiiinieiior Troops of Drn)(oon« within liniitt) of Rc^'imcntH or Buttalions, &c. Rcgimcntu of DrugoonH, &c. subject to rules and orders as other Militiamen. 1 i I [i' t 13 Militia Law — 2nd Victoria, cr'S^nhy^ot XVI. And he it further enacted hy the authority Awi^ iTmo'ot'" a/oremid, That any Officer of Militia, who, in tinne of peace, shall be guilty of wilful neglect or disobedience of orders, or of any act of insubordi- nation in the performance of hia duty, shall, on conviction, be liable to pay a fine, not less than Five Pounds, nor more than Twenty Pounds, besides costs of conviction, or to bo dismissed the service, at the discretion of the Court before whom he may be tried. i.ie«tenaiit.oov. XVII. Atid be it further enacted by the autlmity cofnTi i**'"^ fifaresatd, Ihat it shall and may be lawful lor the Lieutenant Governor, in his discretion, to form Rifle Companies within the limits assigned to the several Regiments or Battalions of Militia, to be independent of or attached to such Ucgiment or Battalion, according to such orders or directions as the Lieutenant Governor may from time to time make in that behalf. XVIII. And be it further enacted by the authority comrafss'ioned'"" aforesdid. That any Non-Commissioned Officer Officers and *' d'iobed'/nceor ^^ Privatc MiUtia-man, who in time of peace shall "nSeof p"eace. wilfully rcfusc or Hcglect to enrol himself as here- in-before provided, or who shall be guilty of wilful neglect or disobedience of orders, or of any act of insubordination or misconduct while on parade or engaged in the performance of Militia duty, shall, on conviction, pay a fine of not less than Five Shillings, nor more than Five Pounds, over and above the costs of conviction, and in default of payment. * Militia Law — 2ncl Victoria. 13 authority I, who, in leglect or insubordi- shall, on less than \f Pounds, nUscd the ore whom autlwrity f ul ibr the I, to form tied to the itia, to be giment or directions n time to ? authority d Officer )cace shall If as here- f of wilful any act of parade or ;y, shall, on I Shillings, above the payment, or rrivalc!". shall be liable to imprisonment in tlie common Gaol of the District, for a term not less than three days, nor more than one month. XIX. And he it further enacted hi the authority oni'e." •■"'"- •^ ./ x/ inaiiiliiij,' limy aforesaid, That the Colonel or Officer command- AiiTrrui'L^hi'io' -Pj . ,^ , . p -HT • 1 • • • 1 . of [niicr iVir trial ins: any Itecfiment or oatlaiion ot Mihtia in this "'■ om.ii.«.i O >l O (IttllilLSl tlli^ Act Province, shall have full power and authority, in l'i*,„"l'';i'o*irr!"-^''' time of peace, to assemble a Court Martial, to be composed of not less than three Officers of the Regiment or Battalion under his command, one of whom at least shall be of the rank of Captain, and which Court shall have full power and authority to hear evidence and investiii;ate all charges that may be brought against any Non-Commissioned Officer or Private Militia-man, for any offence or neglect of duty contrary to the provisions of this Act, and to give such Judgment thereupon, as they in their discretion shall think just and reason- able, the same being in accordance with and authorized by the enactments herein contained. XX. And he it further enacted hy the authority x,„ipo to omcer-. aforesaid. That the Colonel or Officer command- ing any Regiment or Battalion, shall direct a notice to be given to the Captains or Officers commanding Companies under his command, of the time and place where such Court shall be held, at least three days before the time for its as- sembling. XXI. And he it further enacted hy the authority ajoresaidy That after receiving such notice, and at ortinio and plai'ti or liolilin^ ifiK'li Court. r ( 14 Militia Law — 2ml Victoria. n f f; fnTru'i J tT'*'" If^ast four days before the mcctiug of such Court, iri.or'hTrKor Captains or other Ofliccrs commanding Companies, forrciii shall cause a notice \n writmg to be served on any Non-Commissioned Officer or Private Militia-man belonging to the Company under his command, against whom it may be intended to prefer any complaint of neglect of duty ormisconduct of such Non-Commissioned Officer or Private Militia-man, requiring him to appear to answer such complaint; which notice, signed by the Captain or Officer commanding such Company, ma}'' be in the words or to the effect following: " You A. B. are hereby Form of notice, rdquiicd to attend before the Court appointed for the trial of Militia offenders belonging to the Regiment of Militia, which will assemble at on the day of , at ten o'clock forenoon, to answer a charge (for not enrolling yourself as a Militia-man, or for not attending Militia-muster, or for insubordination, as the case may be.) Dated this day of . C. D. Captain or Officer commanding Company Regiment, 'O Militia." No person to be condemned unleiE due ser- vice of such notice proved. XXII. And be it further enacted by the authority aforesaid, That no Non-Commissioned Officer or Private Militia-man, shall be condemned or be liable to answer any charge preferred against him, unless it be proved at the time appointed for the trial of such charge, that he had been served with a notice as herein before provided, at least four days before the meeting of the said Court, to i m MfJ.iTiA Law — 2iid Victoria. 16 cli Court, oni panics, Bcl on any ilitia-man jommand, refer any ct of such ilitia-man, omplaint; or Officer the words re hereby ointed for ) the le at forenoon, urself as a muster, or .) Dated or Officer Regiment, 3 authority Officer or led or be fd against )ointed for 3en served d, at least [ Court, to ujipcar and answer the charge to be preferred against him. XXIII. And he it further enacted by the authority/ cur. ,n«y aforesaid, That it shall be lawful for the said Court |;;;;',:;i':;?,ia to command the appearance and to examine Wit- nogiect. "' nesses upon oath relative to any complaint that may be brought before them, and to commit the person summoned as a Witness for non-attendance, as in ordinary cases of contempt. XXIV. And be it further enacted bu theauthoritii .„ ' u J Alluwaiire to aforesaid. That the Officers comiiosing the said PngrecouTr" Courts Martial and Courts of Inquiry authorized to be assembled under and by virtue of this Act, shall be entitled to receive five Shillings for each day they shall be engaged as Members of the said Court; and the person officiatinc? as Judije Advo- '; . ° '^ . . And to the Judge Gate shall be entitled to receive twenty Shillings Advocate; per day for each day he shall be so encfasjed ; and . o o And witnesses. that all Witnesses summoned to attend such Court or Courts shall be entitled to receive two Shillings and Six-pence per day each for their attendance. XXV. And be it further enacted by the authority fccs to persons V . 7 ri^i 1 1 1 n • serving roUccs, ajoresaid, 1 hat the person who shall serve notices *<=• as hereinbefore required shall be entitled to receive Four-pence for each mile he shall necessarily tra- vel to eifect such service; and that for every Fine levied and collected under a Warrant from the said Court, the person levying the same shall be entitled to the same fees as are now paid for ser- vices of a like nature to any Constable or Peace I iv- Ciiiirl limy np- )iiiiiit iiri'Hiiii to I'jli'RUtt: (irncivs. Jiiil):im'iiti til 111' ciirricil iiilo riVril ill BiiiiH! iiiiiiiiii'r .!!< .Ill 1^'- liiriil.'i iiiidrr Siiiiiiiiiiry i'liii- i.'hiiii'iit Alt, 4 Will. ^,^:. i. l(j Militia Law — 2ii(l VicTonu. Officer in this Province: Provided always, that it shall be in the discretion of the said Court to appoint sucli i)erson as they may think fit to exe- cute the Warrants or other Process issued by them. XXVI. And he if fiof her enac/ed by the authority aforesaid, That the .Judgments of the said Court, upon being approved by tlie Colonel or Officer commanding the Regiment or Battalion, shall be carried into eflfect, and the fines imposed by them shall be levied, upon a Warrant signed by the President of the Court, in the same manner as the iudfnncnts of the Justices of the Peace arc carried into effect under the provisions of an Act passed in the fourth year of His late Majesty's reign, entitled " An Act to provide for the Sum- mary punishment of Petty Trespasses and other offences." XXVII. Provided always, and he it further enacted iiijriiinc.Miriio hu the aulhority aforesaid, 1 hat all Officers who may be appointed to compose any Court for the Trial of any offender or offenders under this Act shall before proceeding to the Trial of such offender or olfenders take the following Oath : — "I do sincerely promise and swear that in all such matters as shall be brought before me under the Militia Laws of this Province I will faithfully act according to the best of ray judgment agreeably to the said Laws without favour or partiality to any person ; so help me God ;" which Oath may Form of until. Militia Law — Snd Victouia. It ys, that it Court to fit to exc- issued by he authority 5aid Court, or Officer on, shall be ed by them led by the manner as Peace arc s of an Act e Majesty's r the Sum- 3 and other >'ther enacted )lFicers who Durt for the ler this Act ial of such ng Oath : — It in all such 3 under the iilhfuUy act t agreeably )artiality to I Oath 1X1 av be administered by any one Member to the other Members of the said Court. XXVIII. Andheit further C7iactc(lhy the author- ity aforesaid, That it shall and may be lawful for the Lieutenant Governor, if he thinks proper, when any complaint may be made against any Ollicer of the Militia, or when any application may be made to him to assemble a Militia General Court Martial according to the provisions of this Act, to appoint a Court of Inquiry, consisting of at least three Officers of the Militia, to examine into and report upon any such complaint. XXIX. Andheit further enacted by the authority aforesaid, That all monies arising from fines levied and collected under the provisions of this Act shall be paid by the person collecting the same into the hands of the Colonel or Officer commanding the Regiment or Battalion within which the sameshall have been imposed, and shall be by him paid into the hands of Her Majesty's Receiver General for the time being, to and for the public uses of this Province, and that all expenses attending the sit- ting of any Court JMartial authorized by this Act shall be paid from and out of the monies of this Province. XXX. And be it further enacted by the authorit y nforesaidy That twice in each year, that is to sa}'', on the first day of March and on the first day of September, the Colonels or Officers in command c Lioiit«nnnt-(S()V- nriior iiii)y n|i|ioiiit Court of liii|iiiry to ri!purt (III roinpliiiliU uguiii»l Ulllcorv. Application of lliieH levied undor tlii« Act. Returns of persons com- pluincd ugaiiist, of judginentg und fines levied, &c. to he inude to Adjutant-Gen> erul. I s \ i 18 Militia Law — 2ncl Victoria. of Regiments or Baltalions in this Province shall make a return to tlic Adjutant General of MiUtia of this Province of tlie numhcr and names of per- sons complained against, the judgments of the Court, and the amount of fines levied. Curl. Murii .1 XXXI. And hc itfiu'thcr enacted hj the authority ill tiinnof mmii , . ._, . . - ' , , om'''''i' oioreaani, 1 hat m tmio ot peace and when any charge shall hc made against any OHicer of the Militia of this Province for disohediencc of orders or any act of insuhordination or misconduct as an Howcoi.niTb»r,i; Officer of the Militia, it shall and may bo lawful for the Lieutenant Governor m h i s discretion to assemble a Court Martial (the President of which shall be a Field OlTiccr) to be composed of seven or more Officers bclonains: to one or more of the Regiments of Militia organised or embodied within the County or District to which the accused party belongs, to investigate tl-o charges made against such Officer, and to examine Witnesses on oath as well in support of as against such charge, and award such sentence as in their opinion may be just and reasonable and not inconsistent with or contradictory to the provisions of this Act : Provide d inA^Mol^k fdimy^, that in the appointment of Judge-Advo- of'p'rococ.iinp?* catc, thc administration of oaths and forms of pro- to Ijo tlic Bniiic as , during war; ccedings to bc observcu by by the s-i^d 'Joivts ^ Jc*/. 3^. / Martial, respect shall be had to the ^uuvi&ions hereinafter contained for thc constitution and re^ ulation of Courts Martial, in cases where the saiHt '.hall bc required during thc period of actual '% i \ ft Y .^''■\ J rovincc shall al of Militia anics of per- ncnts of the I. the authority id when any ) nicer of the ncc of orders 3onduct as an ay bo lawful discretion to Jcnt of which osed of seven more of the ibodied within accused party made against 3SCS on oath as I charge, and inion may be istent with or Act: Provide d Jndge-Advo- l forms of pro- R'lid 'Jo'irts Mii.iTfA Law — ;;ija Viutouia. Service by any i)art of \\\c Milliiti ol this rroviiicc 19 ^And vroiTded a /so, that such sontciio' shall before ..rJln "" i.y ' " •Dcing can..! into cHcct be appiovcd uf by the ''"'"■• 7-w«.> bo sentenced to the payuieiU of a Hue under the "'''''"''* provisions of thU Act and shall make default in the payment ihoiooC. the same shall be levied by sale and di.ires.s of his eflects under a Warrant to be sii^'jod by liie rjcsidcnt of the said Court jNfarital ill the same manner as lines avvardeJ against Non- commissioned Ollicers atid I'livate IMilitiamen ■^are by this Act directed to be levied, and shall be appropriated and accounted for in the same man- ner as the said last mentioned fines arc directed to be appropriated and accounted for. XXXIII. And he it further ennclcdbu the author- „ ,, , ^ ity aforesaid, That d uring the time a ny ])ortiun of IV'.i; ; :', ';.!'"''!!''''! the Militia of this Province shall be embodied for a.i; ^ the |;.OVlsiOnS Qstitution and 5es where the eriod of actual actual service undcmiun»y virtue of this Act, they and every of them as well Ollicers as Privates shall be Hable and subject to all the rules, regulations, pains and penalties of any Act or Acts of the Bri- tish Parliament that are or may bo in force for the pv'.nishmcntof Mutuiy, Desertion, or other crimes, in the Army of Iler Majesty the Uueen, Her Heirs or Successors: Provided neccrlhelcss, that no Olli- pu„ishmrnt ..r cer, Non-Cominii»«>ioned Officer or Private Militia- totoi'iah'irimis. man shall be sentenced to the loss of life unless for i f 11 11 •I r 20 Militia Law — 2nd Victoria. desertion to the enemy, traitorous correspondence, or for traitorously delivering up to the enemy any Garrison, Fortress, Post or Guard, or Vessel either armed or employed in the service of Government, any thing herein contained, or any Statute Law or usage to the contrary notwithstanding: Provided ...... also, that no Non-Commissioned Officer or Private Militmmcn not ' meroVflS"^ of Militia shall be liable to the punishment of being or heiiig sent to ^ , r>i* i'r>*'iTt' renitentiaiy. tioorred, or oi bein£j scut to tuc irovmcial 1 eniten- tiary by the sentence of any Court Martial. cenorai Courts XXXIV. And 1)6 it furtlier cnncfed hy the author- uineofactuaf Uij aforcsaid, That when the Militia of this Pro- vince shall be called out on actual service, in all service : cases where a General Court Martial shall be re- . (j^uired, the Lieutenant Governor, upon application to him made throuoh the Officer commanclino^ the body of Militia to which the party accused may belong, or in case he be the accuser or accused, then through the next senior Officer, shall issue iiowcoMtituted; ^^^^ ordcr to assemble a General Court Martial ; which said Court Martial shall consist of a Presi- dent who shall be a Field Officer and not less than eight other Commissioned Officers of the Militia: Provided ahmys, that in all trials by General Courts Appointment of Martial to be held by virtue of this Act the Lieu- Judgo-Advocatcj . . . tenant Governor shall nommate and appomt the person who shall act as Judge-Advocate, and that every Member of the said Court Martial before any proceeding be had before the Court shall take the following Oath before the Judge-Advocate V MiMTiA Law — 2n(l Victoria. 21 cspondence, 2 enemy any Vessel either Government, itutc Law or ng: Provided er or Private nent of being icial Peniten- lartial. 1)1/ (he autJior- of this Pro- ervice, in all il sliall be re- :)n application nmancling the accused may 2\' or accused, er, shall issue 'ourt Martial ; 3ist of a Presi- d not less than )f the Militia: leneral Courts Act the Lieu- :l appoint the cate, and that Tartial before ourt shall take dge-Advocate who is hereby authorised to administer the same, viz.: — "You A. B. do swear that you will admin- ister Justice to the best of your understanding in ontiii.ymemiiors the matter now before you according to the evi- ° "" ""'*' dence and the Militia Laws now in force in this Province, without })artiaiity, favour or alTection, and you further swear that you will not divulge the sentence of the Court until it shall be approved by the Lieutenant Governor, neither will you on any account at any time whatever disclose or dis- cover the vote or opinion of any particular Member of the Court Martial unless required to give evi- dence thereof as a Witness bv a Court of Justice in due course of Law; so help you God." And so soon as the said Oath shall have been adminis- tered to the respective Members, the President of the Court is hereby authorised and required to administer to the Judge-Advocate or the person officiating as such an Oath in the following words: ■\r k ""ti 1 1 Ml Ontli of Jndg«- " xou A. J3. do swear that you will not upon any A.uocatc; account at any time whatsoever disclose or dis- cover the vote or opinion of any jiarticular Mem- ber of the Court Martial unless required to give evidence thereof as a Witness bv a Court of Jus- tilce in due course of Law; sohclpyouGod." And the Judge- Advocate shall and is hereby authorised to administer to every person giving evidence be- fore the said Court the followinor Oath: — "The evidence you shall give to this Court Martial on , the trial of A. B. shall be the truth, the whole truth It II '' \ t I I ■; 1 vt 22 Militia Law — Snd Victohia. and nothing but the truth; j=o help you God." — cmJrtmust" Provided always, that the findin"" and iudirment of concur; aiul i /-i i* r • ^ O jeiitence awnit everv sucii Court JMai'tial shall i)ass with the con- cn.or'8 upproba. currcncc of two-thirds of the Members, and shall not be i:)ut in execution until the Lieutenent Go- vernor has approved thereof. Officers coinuiaii<]ing DiittricU, (lar- risoiis, &c. may assembin Courts Martial iu ccrtuiu cases I Aiitliority of Court ) Constitution of the Court ; Oalli at prescrib- ed by s.a7. Period from wliirh this clause tu operate. XXXV. And he it further enacted hy the author- ity aforesaid, That it shall au'l may be lawful for any commanding Officer of a District, Garrison, Post, Regiment or Battalion, to direct a District, Garrison, or Regimental Court ]\Iartial to assemble to try any Non-Commissioned Officer or Private of Militia called oat and embodied for actual ser- vice charged with drunkenness, neglect of duty or disobedience of orders, and if such person so charged shall be convicted of the oifence or oflences alleged against him, it shall and may be lawful for the said Court to imprison him in the common Gaol of the District or in any other place of con- finement (except the Provincial Penitentiary) for a period not exceeding two weeks, and to reduce any Non-Commissioned Officer to the ranks: Pro- vided always, that the said Court shall consist of a President who shall be a Captain and not less than three Commissioned Officers of the Militia, and who shall before proceeding to the trial of such offender take the oath prescribed by Uie twenty- seventh section of this Act : And provided also, that nothing herein contained shall be construed to interfere with or alter the provisions contained in al s 1 Militia Law — 2nd Victoria. 23 ^011 God."— judgment of" Ivitli the con- lers, and shall leutenent Go- hij the author- bc lawful for ict, Garrison, ;ct a District, al to assemble er or Private for actual ser- lect of duty or uch person so nee or ofiences ^ be lawful for 1 the common • place of con- nitentiary) for and to reduce le ranks : Pro- all consist of a nd not less than le Militia, and 3 trial of such )y che twenty- ')vi(k(l also, that construed to ;is contained in the thirty-third section of this Act except in so far as in this clause is contained ; And inovided also, that the provisions in this clause shall be considered to have been in force from the first day of Novem- ber next before the j)assing of this Act. af XXXVI. And he it further enacted hi the author- ,,.,.,. "' -' ^ Militm may no ity aforesaid, That in cases of emergency by actual Srrp'mly "*'' _ . ^ . I . , . williout previous Invasion, Insurrection or otlicrwise, when it may order of Linutc- ' •' Hunt Goveraor. not be practicable to consult the Lieutenant Go- 'vernor, it shall and may be lawful for the senior Officer of Militia of any County or Riding not upon a Retired List or in a Reserved Battalion to call out and embody any number of the Militia he ^lay judge necessary for actual service, and to , report the same forthwith to the Lieutenant Go- vernor. J XXXVII. And he it further enacted hy the author- Licutcnant-Gor^ itv aforesaid. That it shall and may be lawful for onrrTs")br '""" '' ^ " ^ iinprcKsmcnt of the Lieutenant Governor from time to time, to ?o7X"^'!.rvi°ce} 1 1 1 1 • f ^^ ' n'xl for billeting issue orders and make regulations tor the impress- troop?, &c . ment and employment of Horses and Teams for |ithe conveyance of Ti'oops and Stores, or for the ^^performance of any other service during the time the Militia of this Province or any part thereof sjshall be called out for actual service, and in like jinanner to make orders and regulations for the "billeting of Tniops of the Line and Militia on .actual service, not being ]-o[)ugnant to the Act -jpassed in the forty-ninth year of the reign of His date Mnjesty King George the Third, entitled "An I I I If ' II iir '? lilt 'it: , - 24 Militia Law — Snd Victoria. Act for quartering and billeting on certain occa- sions His Majesty's Troops and the Militia of this Province," and to authorise the Colonels or Lieu- tenant Colonels of Militia, Magistrates or other persons to be by the Lieutenant Governor ap- pointed for that purpose, to carry the said orders and regulations into effect. coinini8Mon-,&c. XXX VIIL Afid 1)6 Ufuvther enactedhy the autlwr- iiow ixigtinir. not . • 7 nil i • • 1 • » • 1 affccie.i by this ity nforesaid, 1 hat nothing in this Act contained shall extend or be construed to extend to make void any Commission now held by any Officer of Militia in this Province, or to alter or change the organization of the different Regiments of Militia now existing in this Province until otherwise ordered and directed by the Lieutenant Governor. XXXIX. And be H further enacted by the author- conSon'^ "" ^^// (fforesaid, That from and after the passing of this Act the following fees shall be paid upon Commissions issued, by the Officers to whom such Commissions shall be issued : — Lieutenant Colo- nels, one pound ten shillings ; Majors, twenty shil- lings; Captains, twenty shillings; Lieutenants, fifteen shillinsfs; Ensigns, ten shillino-s; Pavmas- flfte en shillings ters, fifteen shillings ; Surgeons, Assistant Surgeons, ten shillings ; Quarter Mas- ters, ten shillings, and Adjutant according to his rank. Commissions to XL. And be it further enacted by the authority he tranMnittod to . ^^ r\ • • /-xrT* 1' omoerscom- ajoremid, 1 hat all Commissions to Umcers ot munding ; Militia shall be transmitted by the Adjutant Gene- Icrtain occa- [ilitia of this bels or Lieu- ttes or other rovernor ap- |e said orders bi/ the autfior- ct contained end to make iny Officer of r change the 3nts of MiHtia iitil otherwise lant Governor. / by the author- the passing of be paid upon 3 to whom such iutenant Colo- rs, twenty shil- ; Lieutenants, inojs; Pavmas- teen shillings ; Quarter Mas- cording to his ' the authority to Officers of idjutant Gene- ral of Militia to the Colonel or Officers command- ing to be delivered to the respective Officers ap- pointed to his Regiment or Battalion, and to whom the fees as well as the exemption money collected from the Quakers, Mononists, Tunkers and Aliens mentioned in this Act shall be paid, and l)y him shall be paid into the hands of the Receiver General of this Province for the public uses of the same. XLI. And he it farther enacted hy the authority aforesaid, That the Colonel or Officer commanding any Regimcntor Battalion shall make a half yearly Return to the Adjutant General of this Province of the fees by him received and paid into the hands of the Receiver General as aforesaid. XL II. And he it further enacted hy the authority aforesaid, That no Officer of Militia shall Muster or be entitled to rank as an Officer should he fail to obtain possession of his Commission and pay the fees thereon within six months after the Com- mission shall have been transmitted as aforesaid. XL 11 1. And he it furtlur enacted 1)y the authority (foresaid, Tliat the Colonel or Ollicer comnjand- ingany Regiment or BriUallon shall have full power wnd authority, and he is hereby authorised to call out the Officers or Non-Connnlssloned Officers of his Regiment or Battalion for the [)urposc of dilU or exercise one day in eauli inoiith (^if he shall deem it necessary), exchislve of (lie i'iii|.' triiii!)- iiiiliiul. Odiri'rs, ('((lit. iiil^sioiii'il iiiiit Niiii-J'iiiiimiK- siiiiii'il iiiiiy l>p I :illril mil tii ilrtll iiMi'i' II moiitli. I 1 '2Cy AfiiJTiA Law — '^iid VicTnu(/t. ii H '\\ m 'I'Uis Art to a|i|ilv to Militi:i now I'liibudicil. rciialiy on pcrsotis srlliiis, A r. Anns or (m liirr t«() liistico ; IniprisonniPiit ♦Vir (IcIhiiU of pnytijcnl ; (Hlciiili 1- iii,i\ be (liMliiupril on tciidcr ol' IMiKilly. XL IV. And be it fuithcr enact ctl hij the autliotUtf aforesaid, That the provisions of thin Act mIuiII ap- ply to such Militia as arc now cinlMulic'd for actual service. XLV. And he it furlher enacted hi/ the ((uthoriti/ aforesaid, That every person who hIijjII .sell, barter or pledge any part of the Arms or Kcjuiprncnts or .4]all tender them in pledge which inay be deli- vered to him oat of Her Majesty '« StoroH or who shall Jestroy the same, and every person who shall buy or barter, obtain or receive in pledge such Arms or Eijuipments, shall severally and respec- tively forfeit and pay the sum of Five Pounds for every oHence on conviction thereof, by the Oath of any one credible Witness, before two Justices ()'' the Peace residing within the (^Miiity where the same has been committed ; and in case the person so selling any part of his Anns or Equip- ments as aforesaid, or the pernon obtaining the same in manner aforesaid being thereof convicted as aforesaid shall refuse or neglect to pay the said sum of Five Pounds, it shall and may be lawful for the said Justices by a Warrant under their hands and seals to commit such person to the Gaol of the County or District in which the olTence shall be committed for any space of time not ex- ceeding three months : Vroridrd a/irai/s, that it shall and may be lawful for die said Justices to discharge the person so oflending any time before the expiration of the said three nnjUths, when the Mir.lTIA fiAW '2 11(1 VlOTOIMA. 07 IV I \; uuHuuUif t hHuII up- |l lor actual ('. ((uthoiiti/ H(3ll, barter ♦iprijcnts or iiy be duli- ircH or who irii who shall 'pledge such frrul rcspec- \ Poll rids for »y the Oath two Justices ouiity where i in case the iiM or Equip- ubtaining the Dof convicted y pay the said ay be lawful :. under their ^n to the Gaol I the olTence time not ex- 'trai/s, that it 1 Justices to y time before ills, when the person so convicted as ii foresaid shall tender to the said Justices tlie pcMially iii(]icl(jd !)V this Act. XL VI. And he if fiuilwr ('unrfv.dbii fhc aulhoriffi k,,i-p «wn,-.ri.in - ■ 7 ml • n 1 1 1 ' • I f ' 1 1 miller lliih Act, {tforc.said, 1 hat ir any person shall will ally swear '"•-•'■juiy. falsely in anv ])rocce(lin<> or mailer wilh respect to which he shall ha\e been sworn under and according lo the provisions ol" this Act every such person on being lawruUy convicted thereof shall be deemed guilly of will'iil and corrupt poijui-y, and shall suller the like ])unishmcnt as by law ma}" now be inllictcd on personsconvicted of wilful and corrupt perjury. XL VII. Jind be it furlhcr cnncfcd by fJic aiitJior- ity aforesaid, That it shall and may be lawful for tiie Lieutenant Governor lo appoint a Commodore onw .,,V,,f I/i(!Ult'llUlll-(lOV- uiiiiir may apimliit u Cotn- IMIllloll ml il Niivv; who shall rank wilh Colonels of Militia, and also Captains and Lieutenants of a Provincial Navy, who shall rank wilh Maiors and Captains of the t,, . . , Militia as senior of their respective rank, to be ''"""' drilled to the exercise of heavy guns and the rnan- asernent of eun-boats in addition to their duties in the use of small arms as a Militia force. XL VIII. Atid be it further enacted by the aitthor- „^,i^,,,, g^^.,,. ity aforesaid, That there shall be attached to evei'y I!i",>..'i'm.iis iuIT T-»' *■ n n r•^• • i 'it-* !• paldi- of iirtiltil Regiment of Militia a second or retired Battalion, >'rvi..'. to which Officers on becoming incapable of actual service by reason of old age, infirmity or other- wise, may be transferred on their own ap[)licalions or by order of the Lieutenant Governor, and that all Non-Commissioned Oilicers and Privates from 'k '•n 28 Mii.iTiA Law — 'iiicl Vh.tokia. llio a,i>o ()(' filty lo sixty years shall also be trans- ferred to the retired Battahon. vouininr M„. XLIX. A?i(/ hc il fiirlln'r vmu'tcd hi/ the antlior- nwy be iwmf.i. ify (ifon'Siiid, 1 luil it sliull uiid Diay be lawlul for the Lieutenant (iovernor of this Province, to sanc- tion the formation of Vohnitcer C'onipanies to serve as Provincial iMarinc and to he stationed at the liifercnt luuhours along the coast, each of such ('ompanies to consist of a Caj)tain, a Lieutenant, a 1 Ensign, and not less than fifty or more than )ne hundred men. L. And be it further enacted hii the author it ii "m^'i'i'iv, in!ly L ajoremid, That if any person shall wilfully inter- rupt or molest any llegiment, Battalion, Company or Detachment of Militia whilst on any duty pre- scribed bv the laws of this Province, it shall be lawful for the Commandino' OHicer of such Re^i- ment, Battalion, C/ompany or Detachment, to con- fine such person for any time not exceeding three days. LL And he it further enacted hij the authoriti/ Pcrsonsppiicraiiy afo?'esaid, That excel )t in time of actual service, exempt iVoni ••■ Miiitmsorvicc; (\^q Judges of tlic Court of King's Bench, the Vice Chancellor and Clergy, the Members of the Leg- islative and Executive Councils and their respec- tive Officers, the Members of the House of Assem- bly for the time being and the Officers thereto belonging. Her Majesty's Attorney and Solicitor Generals, the Secretary of the Province, and all Civil Officers who shall have been or may here- I'liiiliiK'il liy Coiiiiiiiiii(liii{i> Officer. MiMTiA Law — l^iid Vhjtoria. 29 f> bo trans- the aufhoi- Uuvlul for pec, to sanc- iHcs to serve •Mcd at the lich of such Lieutenant, more than (' authori/ij Itully inter- 1, Coni])any y duty pre- it shall be such lioiii- ent, to con- eding three e aulhorifij uaJ service, ch, the Vice )f the Lcir- eir respec- ! of Assem- Jrs thereto \ SoHcitor ie, and all niay here- after bo appointed to any VA\\\ Office in this Pro- vince under the Great 8eal of the same, as well as all Magistrates, Coroners, Sheriffs and half-j)ay and retired Officers, ]Militia OflTicers having served by virtue of any MiHtia commission in any j)art of Her JNIajosty's dominions who may not have been removed for any offence as an Officer of Militia or who may have obtained leave to resign his com- mission, the Surveyo'- General and his Deputies duly appointed and actually engaged in public service. Deputy Post Masters and Mail Carriers, Sea-faring men actually employed in the line of their calling. Physicians, Surgeons, the Masters of public or common schools. Ferrymen, and one Miller to each lun of stones in every grist-mill, the keepers of })ublic toll-gates, lock-masters and labourers employed in attending locks or bridges on the Rideau, Welland and other public Canals, shall be and are hereby excused from serving in the said Militia: Prorided alwivjs, that this Act and ,^3';,°^ ""* the exceptions herein contained shall not prevent, hoMinff '"'" . Ill 11 1 1 11 Comiui»»iong ; and It IS hereby declared that the same shall not be construed to prevent any or every of the above- mentioned persons from holding commissions as Officers in the Militia of this Province : Provided ^ (dways, that it shall and may be lawful for the ™aux^-.r'"' Lieutenant Governor of this Province by War- ft/ rant under his hand and seal, to exempt any of the persons hereinbefore enumerated or any other tlOll. einp- 30 MiMTFA Law — 2n(l VirToiiu. Uuiiknr*, MniDiiiHiHaiul Tuiikcm cxitniptoil ; On prntluring certiAvali'N ; Anil reporting th«ir nuiiics aiiil l«aideoi:«8 annually, and paying at tho limo SO*. I And in time of arliial Invasion or R<:l)ellioD person in his (liscivtion from hcini,^ cnllod out in the service aforesaid. LII. Knd he it further enacted hi/ the (ifithorif;/ aforesaid, That l!-c persons called C-luakers, IMori- onists and Tunkers, who from certain scruples (^f conscience decline bearing arms shall not he com- pelled to serve in the said IMililin, hut every per- son professing that he is one of tiie people ctdlcd Cluakers, Menonists and Tunkers, antl jjroducing a certificate of his beinsf a Quaker, Menonist or Tunker, or being the son of a Quaker, INIenoiust or Tunker, brought up and educated in the prin- ciples of the Quakers, Menonists or Tunkers, and under the age of twenty-one years, signed by the Clerk of the meetinij of such Society or bv three or more of the people called Quakers, Menonists or Tunkers, shall be excused and exempted from serving in the said Militia: Proridcd nerertlwJefis^ that every such person who may be so excused as aforesaid shall on or before the fourth day of June in every year give in his name and place of residence to the Colonel or Officer commanding the Regiment within the limits of which he may reside, and pay at the same time to the said Colo- nel, or Officer commanding, the sum of twenty shillings currency, and in time of actual Invasion, Insurrection or Rebellion, when any portion of the Militia are called upon for actual service the sum of Ten Pounds, and in default of such return and payment as aforesaid, such Colonel or Oflicer (b^ _„,-_ MiLKllA Law '2tu\ VlCTOKfA. ai )Mt III coniiufiiuling sIkiII bo rc(]uirc(l immciliatcly to complain ol" auch iieylcct or refusal and to sum- mon and to try the i>arty so olliMiding, and to de- cide and determine upon every such case by a Regimental Court in the same manner and form as is })rovidcd for the trial of other otl'enders against this Act. Llll. And he it further enacted hj the authority aforesaidy That all persons not natural-born sub- jects of Her Majesty, or not subjects of Her Ma- jesty naturalized by an Act of the British Parlia- ment, or who have not become such by an Act of the Parliament of this Province, or who have not taken the oath of allegiance and having been resident in this Province for the period of one year, shall on or before the fourth day of June in every year give in his name and place of residence to the Colonel or Officer commanding the Regi- ment within the limits of which he may reside, and pay at the same time to the said Colonel or OlHcer commanding the sum of Ten Shillings, and in default of such return and payment as aforesaid such Colonel or Officer commanding shall be rc(|uired immediately to complain of such neglect and refusal, and to summon and try the party so ollcnuing by a Regimental Court Martial, and upon conviction before the said Court such ollbnder shall forfeit and pay the sum of Ten ^Shillings besides the costs and charges of convic- tion, to be levied in the manner pointed out in the Duty iif < omiiiiinilin); OlH< Kr ill (lefuult nrnucli rftturua mill pnyninnli. Aliens whnnrn not rojcct of Jlcr M.-ijcsty, or a subject of llcr JNIajcsty naturalized by an Act of the British Parliament, or become such by jm Act oftl'3 Parlianicnt of this rrovince, or whether he lias taken the oath of allegiance, it shall be incum- bent on liim to prove .he ihct. LIV. And he it iKrtlicr vnacled hi/ the avthoritif ..fMTii« rr.'i'i'.i/- aforcmid, That when the Lieutenant Governor riirornrliml ', ,, ,, . pi -M-i' • r 1 • jK-rvirr. ihrv inny y|mii call out anv iiortioii ol the Militia oi tins 111' »)'Iim;I<'y » 1 Province in a time of actual war with a Foreign Power to put down or supi)ress Rebellion, to repel Invasion or for any purpose connected with the preservation of thu public peace, the Oflicer com- mf^ndingthe Regiment out of wliich they may be so called may cause the number appointed to serve out of his Regiment, to be chosen by Ballot in the following manner : — The names of all per- sons liable to serve as INlilitiamen within the divi- sion of his Regiment shall be written u[)on slips of white paper and folded up and put into a box or glass, out of which the number required to serve shall be drawn by the Adjutuiit of the Rcginjcnt in the presence of at least three Captains of the Regiment: Provided (dwaj/s, that nothing herein contained shall be construed to prevent the Jiieu- tenant Governor from calling out the Militia or any portion of them for the purposes aforesaid, without resorting to the Ballot. Manner of Balloting. i ■crson or a ct ol Act r lie :'um- < Mk^tia Law— 2n(l Vit kmma. LV. And he it furilia ctttictcd bji flu HHflioritif •J3 fiiiiii (• 111' (I foresaid, That after any Ballut shall take niace »i.MiiMK..ft.r lor the jnirposcs alorosaul, tlio Ollicer coinmanu- »"""•• ing the Ucginicnt shall a])p(jiiit a meeting within three weeks and issue an order to the Adjutant lo ?/ fhe (Uithorifii ' * ltiii)itnliiiiii>r (ifurcmid, That if any plaint shall be brought or '""""^^ commenced against any person for any thing done or lo be done in pursuance of this Act, or in the execution of the powers and authorities or the orders and directions liereinbefore given or granted, every such suit shall be brought or com- menced within three calendar months next after the fact committed; and the defendant in such action or suit shall and may jilcatl the general ^X\h-^CZ>>\ issue and give this Act and the special matter in evidence at any trial to be had thereon, and that the same was done in pursuance and by the authority of this Act, and if it shall a])pcar to bt^ done so, or if any action shall be brought after the time hereinbefore limited fur bringing the same, then a verdict shall be given for the defendant. LVI J. And he it further enacted l)y the authority aforesaid, That it shall and may be lawful for the i^inoMimy °* *' appoint Adjmani Lieutenant Governor to appoint a proper person SScoKid, £ 31 Militia Law — 2nd Victoria. I'ci^ou.', having IjCOU SlTJlUllllb in tliu i'U(,'ulur ioivicc, wlinn not liable to st'i'Vd in inferior stiUiohi. Oflicurs nui li;il)lo to scrv., aj Coustiibjps, Persons iha- inissed Her Miijcsty's service iiutclif^iblclo hold ('oinini.s- sioud in Militia. I'roceedlilg.j coniincncRil uuder 1. Viet, .j- 8, nut made void by tlif repeal of tliut Act. to be Adjutant General of the Militia of this Pro- vince, who .shall have tho rank of Colonel and do all matters and things appertaining to the said Oifice of Adjutant General. LVIII. And be it further e7iactcd hy the author- ity aforesaid. That no person who shall have been discharged from Her Mnjesty's service as a Ser- jeant shall be obliged to serve in any inferior sta- tion in the Militia of this Province, unless having been such Non- Commissioned Officer in the said Militia he may have been reduced according to law. LIX. And be it further enacted by the authority aforesaid, That every Officer or Non-Commis- sioned Officer of Militia duly appointed, shall be exempt from serving as Constable for any period during such lime as he shall hold such appoint- ment. LX. And be it further enacted hy the autho) ity aforesaid. That any person who shall have been dismissed from Her Majesty's Army by sentence of a General Court Martial or otherwise, shall not be allowed to hold a commission in the Militia of this Province. LXI. And be if further enacted by the authority aforesaid, That nothing in this Act contained shall extend or bo construed to extend to make void or in any wise alTcct any proceedings heretofore commenced and prosecuted under the said Act oi the first Victoiia. Chapter eight, hereinbefore rcc rej Li( an I an sai Militia Law-^ShcI Victoria. 35 Tro- id do said recited or referred to and intended to be hereby repealed, except that it shall be lawful for the Lieutenant Governor to reduce, mitigate or remit any, fine or penalty heretofore adjudged against any person or persons for any offence against the said last mentioned Act.