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Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as n^any frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent dtre filmte & des taux de reduction diff^rents. Lorsque le document est trop grand pour fttre reproduit en un seul clichA, il est film6 d partir de Tangle supArieur gnuche, de gauche d droite, et de haut en bas, en prenant le nombre d'images nicessaire. Les diagrammes suivants illustrent la mithode. 1 2 3 1 2 3 4 S 6 ( -^;l ^. Ik ;''-'\,:^- * -li I ^t A' X l^tMi *^^0^4 ^^, tHSf mmum^ aiAwa - fi m THE PRomCE OP ^oVa. A-SCOTIA. 'A |;»»;^ HALIFAX t PRINTED AT THE RoVAI^eAZETT 1839. E OFFicK, f**' ■• ^9 BPfF' ^ ^ /^ "■^S*-- z Sectioi I. II. III. IV. V. VI. vir. VIII. IX. XI. XJI. XIII. XIV. XV. XVI. XVII. XVIII. XIX. XX. XXI. XXII. XXllI. XXIV. XXV. XXVI. XXVIII. XXIX. XXX. XXXI, XXXIII. XXXIV. XXXV. XXXVI. XXXVII. XXXVIII. XXXIX. XL. XLI. XLII. XLIII. XLIV. XLV. XLVI. XLVII. XLVIII. TO 1 & 2, GEORGE IV. Paoz. 1 1 t 2 2 Persons liable to be enrolled in Militia Formation of IMilitia Militia in Harbours and Settlenientg Flank Companies Artillery Companies Troops of Cavalry Cavalry Horses— Penalty for disposing or eiinhan«inB them Drummers and fifers Enrolment of Militia Men Persons neglecting to enrol themselves Oflicers commanding Companies to enrol such persons as do iiot present themselves for enrolment Arms and Accoutrements Bond to be given for Arms, &c. Fee to be paid on giving Bond To whom Arms, &c. will be furnished Accoutrements to be found by Militia Men Inability of minors and others to give security for Anns Issue of Arms Lodgement of Arms Embezzleuient of Arms Information against such as embezzle Arms Recovery of Arms ' Inspection of Arms, &c. Arms to be returned by Militia Men removing from Province or District Arms issued under late Act Arms not in order Improper use of Arms, &c. Officers commanding Regiments, &c. neglecting to call out their Men for training Improper conduct of Militia Men Notice of imposition of Fines Appeal against Fines Officers neglecting to attend Trainings Recovery of Fines mmT'^.I"^^''''"'' *^^" ^'■'"" one Company District to another Militia Men to give notice of Removal Vl'^atching and W^arding Days required for Training ^j. fIur aK^ Warding by Militia Men over six days to be paid for 12 12 12 12 13 14 14 14 15 1.5 False Alarms Courts of Enquiry ExemptioLs from Militia Duty Drunkenness or contemptuous behaviour at Trainings Adjutant— his appointment, duty and compensation Sergeants, Corporals, Clerks, Drummers and Fifers Clerks to be sworn -their duty described Ri fusal to serve as Clerk Sergeant Major and Battalion Clerks Returns— Strength of Regiments, Battalions and Companies- Arms, &c. of Fines collected Interruption of Militia in their Exercise 3 8 3 4 4 5 « « 6 7 7 8 8 8 8 9 9 9 9 10 10 10 10 11 11 H 11 U 16 16 II Sectiom. XLIX. L. LI. Lit. LIU. UV. LV. LVI. LVII. LVIII. LIX. Pa OB. ' 16 Infirmities r»«i-.- i«» Conferences of Officers for better regulation of Militia 17 Dressof Officers ,.,.„., i l i la Officers removing from the District to which their Battalions belong 18 Reduced Officers Actual Service ..... When the Governor cannot be consulted on any sudden attack Regulation of duty in actual service Companies to be formed ii>to two Classes Rosters for Classing to be formed by Ballot Cavalry and Artillery Companies to bo Classed Drafting for actual service Quakers , LX. Removal of Militia Men from one Company District to another during the draft for actual servico •LXI. Exemption from actual service o, , .-. . LXII. Exemption of Clerks, &c. in Government employ— Substitutes provided for them ,„ , . LXUI. Refusal of Clerks, &c. to pay expenses of Substitutes LXIV. Refusal of Militia when ordered mto actual service LXV.* Pay of Militia when ordered into actual aorvico LXVI. Pay of Sergeants, Corporals, Trumpeters, Drummers and I ifers LXVli. Armed Boats may be provided LXVIII. Armed Boats— how to be employed LXIX. Persons wounded or disabled by the enemy LXX. Articles of War LXXI. Courts Martial . LXXII. General Courts Martial— how appointed LXXIII. Members of Court Martial to be sworn < Judge Advocate to be sworn LXXIV. Persons sentenced to death by Court Martial IrXXV. Rank of Officers composing Courts Martial LXXVI. Power of Regimental Courts Martial LXXVII. Regimental Courts Martial LXXVIII. Sentence of Regimental Courts Martial LXXIX. Execution of Sentence of Regimental Court Martial LXXX. Witnesses at Courts Martial to be sworn LXXXI. Consanguinity of Members of Courts Martial to Delinquents LXXXII. Quarter Master LXXXV. Desertion from actual service r i,- a . LXXXVI. Prosecution for any thing done in pursuance ot this Act LXXXVII. Sections of Militia Law, and Articles of War to be read LXXXVIII. Inspecting Field Officers LXXXIX. Volunteering in defence of New-Brunswick XC Negro Militia Men XCI. Fire-Engine Men and Firemen exempted from trainings XCli. Repeal of all other Militia Laws XCIIl. Continuation of the Militia Law 18 18 18 19 19 20 ai ai 21 22 2S 22 28 28 24 24 24 24 25 26 25 26 26 26 26 27 27 27 27 27 28 28 28 28 29 29 29 80 30 SO SO SO Skctioic. 1. II. in. TO 2d VICTORIA. Act 1 & 2, Geo. IV. revived Report of Excuse for not attending Drill, to be made by Capt. to Commanding Officer Penalty of Field Officer for not attending Board of Officers 31 31 SI Paqe. Sbctiow 16 IV. 17 17 V. » belong 18 18 VI. 18 VII, ttUaek 18 VIII. 19 IX. 19 X. 20 21 XI. 21 XII. 21 XIII. other XIV. 22 XV. 2S XVI. itutes XVII. 22 XVIII. 28 XIX. 23 XX. 24 XXI. d Fifers 24 XXII. 24 XXIII. 24 XXIV. 25 XXV. 26 XXVI. 25 XXVII. 26 XXVIII. 26 XXIX. 26 XXX. 26 XXXI. 27 XXXII. 27 XXXIII. 27 XXXIV. 27 XXXV. 27 XXXVI. 28 XXXVII. inta 28 XXXVIII. 28 XXXIX. 28 XL. 29 XLI. 29 29 XLII. 80 XLIII. 30 XLIV. 80 XLV. 80 XLVI. 80 XLVII. XLVIII. Ill Bond for Arms (o(I««d wi h OfUcnT Commanding Forfeit for refii«inj> to deliver up Arms Fine for non-p«if..riiiancb of Duly to be impoied by Officer Command iii)( Clerk'g Book to be irispec ed by Officeri Persona neglecting to enri>), liable to Fineg Men on Duty to pass Liceased Ferries free of charge Enrolment ofRegt. by •jolonels, if required by the Governor Commander of llegt. to fu niali aOO men for every 600 in case of Invasion Governor empowered to appoint Officers Militia in service subject to penalties Paqm. - 81 82 S> n 82 88 n 88 84 Governor to order Drafts from such Regts. as he may judge meet 34 Man unfit for Duty to be discharged, and another ftirnished Drafts not in service, to be Drilled, if ordered by the Governor Ruler for Miliiia I»rill8 to be made by the Governor Fines for not attending Squad Meetinsa Board of Officers Power to remit Fines on reasonable excuse 29th and 30th Section of Act revived, to apply to Fines Notice of appeal to be given by Clerk of Company Notices ' Fines to be recovered before a Justice of the Peace Mihtia-man if guilty of disobedience to be sent to Jail Militia-man on Duty, free from arrest Commanding Officer to ap]|»oint days of Meeting Fines exceeding £3 to bo sued for before two Justices Justice to recoive no Fee for services under this Act No prosecution under this Act after 3 months Process for recovering fines may be amended Persons exempted from Training Clergymen not liable to this Act Board of Officers Drafts on Service may bo marched to any part of the Province Commanders of Cavalry or Artillery to furnish Drafts Officers, &c. of Volunteer or Flank Companies But 8000 Men to be embodied, unless in case of invasion Additional pay for non-Commissioned Officers, Privates, &c. SJl I'l^-^J^P on Service to supply himself with necessaries Militia Officer to be responsible for Arms, &c. delivered to him Servi ^^fo^'nce for the Families of any falling in actual .Allowance to Adjutant Adjutant General and Quarter Master exempt from Juries Appropriation of Fines Act Ist Victoria repealed Governor enabled to dispense with Trainings rhid Act may be amended this present Session This Act to continue One vear. 34 34 8S 85 85 86 i« 86 86 86 87 87 ST 88 88 88 88 88 89 89 39 40 40 40 40 41 41 41 41 42 42 42 42 42 42 :ers Paok. 31 31 31 OF THE [Jnno Primo el Secundo Georgii IV.] An AC 1 to provide for the greater security of this Pro- vince, by a better regulation of the Militia, and to re- peal the Mihtia Laws now in force. gE it enacted, by the Lieutenant-Governor, Council and As- senjb y, That every man residing, or who shall come to reside, within this Province, from sixteen to sixty years of ace (excepting such as are hereinafter excepted,) shall be enrolled m tlie Militia, and be bound to serve in the xMilitia of the Coun- ty, District, Town or Place, wherein he resides. U. And be it further enacted. That the Militia shall be form- ed into Regiments, by Counties or Districts, being divisions of counties. And if any such County or District shall be suffi- ciently populous to admit of the Regiment's being sub-divided into two or more Battalions, it shall and may be lawful for the Governor, Lieutenant-Governor or Commander in Chief, to sub-divide the said Regiment into Battalions, to consist of no't Tesstnan three hundred, norinore than eight hundred men each, and to afhx the limits of the District composing such Baaahons. And all Companies, (Flank Companies excepted,) shall be formed by Districts in such manner as that such Com- * panics Persons liabl* to be enrolled Formation of Militia officer* Militia in Uor- bours & Set- tle Rients FlanU Coinpa- niei Artillery Com- .panics Troops of Ca- valry 2 panics may be assembled as conveniently as possible : and Buch Company shall consist of not less than thirty nor more than eighty Men, to be commanded by one Captain and two Subalterns, and, when it shall exceed sixty Men, one addi- tional Officer may be appointed thereto. And the Field Offi- cers, and OIHcers Commanding Companies, at iheir meeting hereinafter directed, shall regidate the limits of the Company Districts, and the number of Men enrolled in each Company, and the Clerk of the Company is hereby required to register in a book, to be provided and kept for that purpose by him, the names of all persons belonging to such Company, which Book is to be ready at all times lor the inspection of the Captain and other Officers of the Company. in. Provided always, and be it further enacted. That in Harbours and Settlements, where .he persons liable to serve in the Militia, arc not so munerous as to form a complete com- pany, it shall be lawful to form the same into smaller Compa- nies, and if they shall not amount to more than twenty Men, then only one Officer shall be appointed for such Company, and if more than twenty, and not exceeding thirty, only two Ofii- cers shall be appointed to such Company. IV. And be it further enacted, That there shall not be more than two Flank Companies to any Regiment or Battalion of Militia ; which Flank Cotppanies shall consist of Light-Infan- try or Riflemen only, (except the Regiment at Halifax, in which Grenadier Companies are already formed,) and such Flank Companies shall be composed of such numbers as theGovernor, Lieutenant-Governor or Conunander in Chief, shall think pro- per to determine. V. And be it further enacted, That it shall be lawfidfor the Governor, Lieutenant-Governor or Commander in Chief for the time being, to establish one or more .Artillery Companies, in any County or District in the Province, and to limit the numbers of which such Companies shall consist ; and all per- sons who are now enrolled, or whoshall hereafter enrol them- selves, to serve either in the Artillery Companies, or in the Grenadier Companies of the Regiment at Halifax, or in any Light Infantry or Rifle Company, of any Regiment or Battalion of Militia, in this Province, shall continue in such Company for five yeara from the date of his enrolment, unless in case of removal from the County or District, or being discharged by the Commanding Officer of such Company. VI. And be it further enacted, That it shall be lawful for the Governor, Lieutenant-Governor or Commander in Chief, to establish one or more Troop or Troops of Cavalry, in any County or District in this Province, and to limit the number of j Officers and Men, of which such 'J'roop shall consist ; and all persons who shall enrol thcmsclvcii in any Troop, shall con- tinue H posiiible : unit thirty nor more Japiain and two Men, one addi- d the Field Offi- [)t their meeting of the Company each Company, •ed to register in 3oee by him, the my, wliich Book the Captain and nactcd, That in 8 liable to serve u complete coni- smaller Compa- lan twenty Men, ih Company, and U only two OHi- hall not be more t or Battalion of t of Light-Infan- Halifax, in which and such Flank astheGovernor, ', shall think pro- be lawfidfor the nder in Chief for ilery Companies, and to limit the «8t ; and all per- after enrol them- panies, or in the lalifax, or in any ment or Battalion such Company it, unless in case being discharged ill be lawful lor nander in Chief, Cavalry, in any ait the number ol consist ; and all Troop, shall con tiniH tinue in audi Troop Ibr five years from the date of hiw enrol- ment, unloss in case of rc« oval from the County or District or being tlischarged by t..(. Captain or Officer commanding such Troop. ^ Vri. And be it further enacted, That if any non-commis- sioned Oftcer, or Private, enrolled in any such Troop or Iroopsot Cavalry, shall, at any time during his enrolment, sell, exchange, or otherwise dispose of, his horse, belonging to such Troop, without the consent and approbation of the Cap- tarn, or Officer commanding such Troop, he shall forfeit and pay the sum of ten pounds, to be recovered in manner as is hereinafter mentioned, and applied to the repairing the arms and accoutrements belonging to the Troop, and other inci- dental charges attending the same. VIII. AHdbeit further enacted, That when any person shal be enrolled as Drummer or Fifer in any Company, he shal remnm \\\ such Company, notwithstanding he may not reside in the District which composes the same ; Provided that no Drummer or Fifer shall be obliged to serve in any Company but in the Town where he resides, unless ordered upon a march. IX. And be it further enacted, That every Captain, or Of- hcer, commanding a Company of Militia, or who may be thereto appointed by the Governor, Lieutenant-Governor or Commander in Chief, shall, as soon as conveniently may be after the passing of this Act, enrol all the Militia Men who re- side withm the limits which shall be assigned for his Company, and every Militia-Man (not being already enrolled in such Company) who, after the publication of tliia Act, shall neHect to present himself in person, to the Captain or Officer com- manding the Company in which he resides, and give in his name, age, and place of residence, or cause the same to be made known, in some certain way, to the Captain or Officer commanding the Company, shall, for such neglect, forfeit and pay a hne of ten shillings ; atld every Militia-Man who shall reniove out of the limits assigned for the Company in which he is, or ought to be, enrolled, and shall not within ten days after his removal, at the place of his new residence, or where he shall hire himself, either present himself for enrolment, or cause his name, age, and place of residence, with that from which he last removed, to be made known to the Captain or Officer commanding the Company of Militia, of his new place of residence, shall, for such neglect, forfeit and pay a fine of ten sfullings J and every person who shall not, within thirty days after he shall have attained the age of sixteen years, ei. ther present himself for enrolment, or cause his name, age, and place of residence, to be made known as aforesaid, so that he may be enrolled in the Militia Company, of tht^ limits wherein Cavalry Hor- 868— Penalty for diopoaing or uxchanginj them • Drummera & Fifer* Enrolment of Militia-Men Persons neg- lecting to en- rol themselves -***Mtett.Mft.MfiiaM Provito Arms Accoutre- ments whipireiii his place of residence may be, sliall for siich neglect, forfeit arid pay a fine of five slullings ; and every man, within the ages hereinbefore described, who shall come to reside in the Province, and shall not, within thirty days after his arriv- al therein, present himself for enrolment, or cause his name, age, and place of residence, to be made known as aforesaid, so that he may be enrolled in the Militia Company of the limits wherein he shall ha\'e come to reside, shall forfeit and pay a fine often shillings. X. Provided always, and be it further enacted, That the neglect of any such persons to cause themselves to be enroll- ed, shall not be construed to prevent the Captain or Officer commanding a Company of Militia, to enter, and he is hereby required to enter, on the roil of his Company, the name of e- very such person, residing within the limits of his Company, as shall come to his knowledge, and, wlien so entered, every such person shall be subject to perform all Militia duties, un- der the same penalties as if he had personally presented him- self lor enrolment ; and if any difference shall arise between a Captain or Officer commanding a Militia Company, and any Militia-Man, touching the age of such Militia-Man, it shall be incumbent on the Militia-Man to prove his age. And Whereas, -inns have been he etofore granled by Govern- ment, for the use of the MilUia, and others may be hereafter issued for the use thereof, and it is necessary to provide for their safe kezp- XI. Be it therefore enacted, That every Freeholder enrol- led in the Militia who is of the age of twenty-one year? or up- wards, shall, within twenty days after Public Notice given, that arms, accoutrements and amunition, of the kind hereinaf- ter described, are lodged within the Precinct of the Company, Regiment or Battalion, to which such Freeholder shall belong, for the use of the ?.3ilitia-Men, of such Company, Regiment or Battalion, furnish and provide himself with a good and suffici- ent Musquet, and a Bayonet, suitable thereto, of the same kind and size with those used in His Majesty's Service, or if such Freeholder shall be enrolled in any Company of Rifle- men, he shall provide himself with a good and sufficient Rifle Gun, and a Bayonet or Sword suitable thereto ; and shall also, in addition to such Musquet or Rifle, provide himself with a cartouch box sufficient to contain eighteen ball cartridges, a bayonet or sword belt, a cartouch box belt, a set of straps for the purpose of carrying a great coat or blanket ; a pricker and brush to clean tie pan of such musquet or rifle gun, a leathern or canvas ki apsack with straps and buckles, three good flints and eighteen ball cartridges of a size to fit such musquet or rifle gun, and also forty buck shot ; with all which aforesaid ny, ch neglect, lan, within I reside in r his arriv- his name, foresaid, so the limits and pay a , That the » be enroll- or Officer 3 is hereby name of e- I Company, Bred, every duties, un- lented him- I between a T, and any it shall be by Govern- ter issued for r safe keep- ilder enrol - rear? or up- )tice given, id hereinaf- j Company, hall belong, legiment or and sufRci- ■ the same ervice, or if y of Rifle- [ficient Rifle d shall also, self with a iartridges, a if straps for ; a pricker rifle gun, a jkles, three ! to fit such th all which aforesaid /5 aforesaid arms, ammunition and accoutrements, such Free- holder shall appear at each and every meeting of the Compa- ny, Regiment or Battalion, to which he may belong, (and on other occasions of duty whereon he may be ordered to appear vvith his arms) under the penalty ol forfeiting and paying for the wantof amusquet or rifle gun, a fine often shillings, and the sum of one shilling for each and every other appurte- nance : the flints, cartridges and buck shot, to be considered only as three appurtenances. XH. And be it further enacted, That every Freeholder of the above description shall be entitled to receive the arms, cartouch box, sword and belt, above-mentioned, from the Cap- tain or Offioer commanding his Conipany, upon such Free- holder producing, and leaving with him, a Bond, with one suf- ficient surety, in the sum of five pounds, with a condition thereunder written in the form following .- Know all men by the^e phesents, That We. A, B. and C. p. are held and firmly bound to our Sovereign Lord tne King, in the penal sum of five pounds, to be paid to our said Sove- reign Lord the King, hib Heirs or Successors, for which pay- ment, well and truly to be made, we bind ourselves, and either ofus by himself, our and each of our Heirs, Executors, and Administrators, firmly by these Presents, Sealed with our Seals, and dated this day IS The Condition of lliis Obligation is such, that if the said A. B, shall at all times hereaiter safely keep in good and ser- viceable order, and have rea-'y to return when called for by the Officer commanding the Regiment or Battalion, one King's musquet, &c which have been issued to him under and pur- suant to an Act, entitled, An Act to providefor the greater se- curity of the Province by a better regulation of the Militia, and to repeal the Militia Laws now in force, and shall in all things well and truly perform the pi msions of the said A^t, touching the same, then this Obligation shall be void, other- wise shall remain in full force and'effect. Which Bond, shall be, by the said Captain or Officer Com- manding such Company, lodged with the Clerk of the Peace for the County or District ; and if any Freeholder of the des- cription aforesaid, shall neglect or re'fuse to enter into such Bond, and receive such Arms, or shall not within the time be- fore limited, provide himself with Arms, Accoutrenents and Ammunition, of the like kind, at his own expense, he shall for- feit and pay the sum of two pounds, to be recovered and ap- plied in the manner and for the purposes hereinafter mention- ed. Xin. And be it further enacted. That every person who shall give such security shall pay therefor a fee of one shil- hng at the time of the delivery of the Bond as aforesaid, one hnlf Penalties Bond to be given for Arm3, &c. Form of Dond Bond lodged with Clerk of the Peace Pennlty for re- fusing to give Bond Fee to bo paid on giving Bond 6 To who III Arms, &c. will be fur- nisheil Accoutre- ments to be found by Mi- litia-Men Inability of Minors to give security for Arras Iiiue of Arms half ol which shall go to the Clerk ol' the Company, for his trouble iti filling up the Bond, and the other half of said fee shall be paid over (o the Clerk of the Peace for receiving and filing such Bond. XIV. And be it further enacted, That persons who are bound to serve in the Militia, but are not of the above descrip- tion, shall be entitled to receive Arms and Accoutrements as aforesaid, upon their entering into a Bond with one sufficient surety, being a Freeholder, in manner hereinbefore directed ; provided that in cases where any such person is under the age of twenty-one years, he shall find two good sureties for his due performance of the condition of the Bond. XV. And be it further enacted, That every person who is by law bound to enrol himself in the Militia, shall provide himself, at his own expense, with a set of straps for the pur- pose of carrying a great coal or blanket ; a pricker and brush to clean the pan of his musquet or rifle-gun, a leathern or can- vas knapsack, with straps and buckles, three good flints, eighteen ball cartridges of a size to fit his mupquetor rifle, and forty buck shot, under the penally of ten shillings, to be re- covered and applied as hereinafter directed. And Whereas, in many Companies there may be Minors, and o- ther Persons, who cannot get security for the safe keeping of arms and accoutrements : XVI. BE it enacted. That the Captain or other Officer commanding a Company, shall make out a regular list of the names of the persons in his Company, who are not compella- ble to give security, or to provide themselves with Arms at their own expense, and shall immediately receive a complete set of Arms and Accoutrements, from the person having the Custody of Arms, for each and every person contained in the above list, for the safe keeping, and returning which, such Cap- tain shall be responsible, and shall give two receipts for the same, one of which shall be entered in the Orderly Book of the Battalion, and the other shall be lodged in the Office of the Clerk of the Peace of the County or District. And if any Captain or other Officer commanding a Company, shall neglect or refuse to make the list, or give the receipts herein directed, he shall forfeit and pay the sum of five pounds, and, on com- plaint to the Governor, Lieutenant-Governor or Couunander in Chief, such Officer may be deprived of his Commission, and shall not thereafter be entitled to any exemption from being enrolled, and performing all the duties of a private Militia Man. XVII. And be it further enacted. That all Arms to be issued in pursuance of this Act, shall be distinctly numbered and marked with a brand on the left side of the broad part of the butt, with the name of the County or District to which the Militia %. Militia Man, wlio shall receive (lie same, shall belong, and with the letter M. immediately following the same : such brand to be provided by the Treasurer of the respective Coun ties or Districts, and the Commanding Officer ofeach Regiment or Battalion shall cause the Arms to be marked and numbered before they are issued to such Regiment or Battalion. XVIII. And be it further enacted, That the Captain or other Lodgement of Officer commanding a Company^ shall lodge the Arms and '^'■"'* Accoutrements so received by him, in some suitable and convenient place or places, within the limits of his Company, where they may be delivered out to persons for whom they are intended, upon all days of training, or muster, or such other times as tiie said Captain or Officer shall direct ; and the Minors, or other Persons, who shall receive anv of the said Arms and Accoutrements, ior the purpose of training, muster "or otherwise, shall return the same, and every part thereof, to the place of deposit, within twenty four hours after such training, muster or other service shall be over, under the penalty of five shillings for every day's neglect, to be recover- ed in the manner, and for the purposes, hereinafter directed. XIX. And be it further enacted. That every person having Embezzlement such Arms or Accoutrements in his possession, under the of Arms, &c. |)rovisicn of this Act, who shall vend, pledge, or exchange the same, or any part thereof, or shall convey, or cause the same or any part thereof, to be conveyed out of the limits of the Re- giment or Battalion to which such Arms and Accoutrements were issued, (except when ordered on resl service) and every person who sliall buy, receive, or accept in exchange any such Arms and Accoutrements, shall severally forfeit and pay a fine ol five pounds for each Firelock, and a fine often shillings, for each Accoutrement, so sold, purchased, exchanged, or con- veyed out ofthe limits of the Regiment or BattaHon ; and every person or |)ersons who shall convey, or cause to be conveyed, any such Arms or Accoutrements, on board of any boat, ship, or vessel, with intent to have the same carried out of the County or Province ; and the Master of any such boat, ship or vessel, who shall knowingly receive into his boat, ship or vessel, any such Arms or Accoutrements, so intended to be conveyed out of the County or Province, shall, for each and every ofl'ence, forfeit and pay the sum of Ten Pounds, which fines shall and may be recovered on the oath of one credible witness, before any one of His Majesty's .Justices ofthe Peace for the County or District wherein such offence shall be committed ; and, in case of non-payment of any such fines, the said Justice shall, by his Warrant, cause each and every ofi'ender to be committed to the County or District Jail, for the term hereinafter men- tioned, that is to say— for each fine of ten shillings, four days ; " lor each fine of five pounds, forty days ; and for each fine of ten pounds 8 Information against such as embezzle Arms, &c. Recovery of Arms Remission of panishment Inspection of Arms, &c. Arms to be re- tnrned by Mi- tia-Men re- moving from Prcviace or District pounds, three months ; unless such fine siiall sooner be paid ; and one fourth part of all fines recovered by virtue of this clause, shall be paid to the Infornier, and the residue thereof shall be applied, first of all, to make good all deficiencies of Arms or Accoutrements, and the residue to the purpose of de- iraying the expenses incurred in repairing such Arms and Accoutrements. XX. And be it further enacted, That if information shall be given on oath to the Justice, that the person or persons so of- fending (not being a Freeholder) is about to leave the Province, or to remove out of the County or District with such Arms or Accoutrements, it shall and may be lawful lor the said Justice, before whom such information, or oath, shall be made, to issue his Warrant to the Deputy Sheriff, or either of the Constables of the County or District, to apprehend such person or persons and to bring him, her or them, forihwith, before such Justice to answer such complaint. , XXI. And be it further enacted. That any person or persons, charged with selling, purchasing, or receiving, any Arms or Accoutrements as albresaid, who shall immediately restore such Arms or Accoutrements, t^nd cause the same to be delivered to such Justices, shall he entitled to a remission of one half the fine or imprisonment, hereinbefore imposed for such offence. XXH. And be it further enacted. That the Colonel or Officer commanding any Regiment or Battalion, shall, once in every year, or as often as he may think necessary, besides the usual days of tj dning, order an inspection of the Arms, Accoutre- ments and Ammunition, of the several Companies under his command, to be made at one and the same time, by one Sub- altern from each Company, attended by the Clerk thereof, and by calling on each and every man of the said Company at the usual place of his or their abode ; which Subaltern shall make an exact return ol such Arms, Accoutrements and Ammunition, describing the state and condition thereof, and every person required by Law to be provided with Arms, Accoutrements and Ammunition, who shall, at such Inspection, have such Arms in unservicable condition, or shall be^deficient in any of the appurtenances above mentioned, shall forfeit and pay for each deficiency the like sum, as if such deficiency had happened at a muster or training. XXIII. And be it further enacted, That any Militia-man who hath, or may hereafter receive, Aims or Accoutrements, under the provision of any Act relating to the Militia of the Province, and shall remove out of the District of the Company in which he may be enrolled, shall before such removal, return to the Captain or Officer commanding the Company, in good and per.* feet order, the Arms and Accoutrements so received by him, under the penalty of Five Pounds. XXIV. XXIV. And belt /urther enacted, That every person who has recseived Arms Ammunition or Accoutrements, issued ^TT"? from Hw Majesty's Stores, under the provision of any of the Ac?""** '•'• Acts heretofore in force relating to the Militia of Vhe Pro^Lce and any person who shall have in his possession any of the Arms Ammunition or Accoutrements, issued from His Majes- ty's Stores, for the use of the Militia, and all persons ffi to account for such Arms, Ammunition and Acco.itrements under he said Acts, shall be liable, and are hereby made Mable, fbr l«njf^"!f' '" «he same manner as if the said Acts had not been Sing. ' ^"^ ^ ^"^ "" contained to the contrary notwith- !n ?K^\:ir "'^ ^f ';/urther enacted, That if any person enrolled Arm. not « mtheMihtiaofthis Province, shall appear on the resoeS "-1" days of Muster and Training, with Arms and Accourremente any o which in the opinion of the Captain or Officer command: mg a Company to which he belongs, are dirty and no?rffoc^ and serviceable order, such person shall forfeit and pay a sum TeVfhill^igS. '"'' ''"""^' ^"'"'^ Pence, nor SetZ rolS^!;.'V'**''^'.' further enacted, That if any person en- Improper u.e L^ • x^^m"^"''?^"'' who has received, or shall hereafter re- of Arms. &c. ceiveMiIitia Arms and Accoutrements, shall usethesafdMl Ihtia Arms or Accoutrements fbr fowling, or the like orivntl jCSings" '"'"' '"' ''' ^°^ "^ ' ^^"^"'^ '^' '"» ^' SECTIOJyxXFU. REPEALED. XXVin. And be it further enacted. That every Field Offi- Offi""oom. -er, Commanding a Regiment or Battalion, neglecting to Sve """"^i"! R«8i- >rders for assembl ng his Reffiment or Bkttnnnn k o ^ '"^l''' *''• ^es or otherwise. the'numberlJ'^ys Z!Zt:f^rl^,7Z ^^^ ^he purpose of training, disciplining, and improvin^he Men ^^^"for'"*^- )ek,nging to his Regiment or Battllion, shall forfeit and nav '"^ '^LT: °^J^^^ty P°"nds, and every Officer commandin^ff a rfn W' S'*''-"^ '^"^'^^^ ""'^^'^ from the Commandfnff Offi! fu fni^5-^'^l"'^"u*.°'' ^^"^''^n to which he b^loSi call Ihil Art "^''h P''"'; ^'"^ ^'°'nP^ny> in the manner prescr bed by fco J' ?^ "e&Jectmg so to do, shall, for each and every ol ^nce, forfeit and pay the su.n of Fi;e Pounds which Lid .inehSL""^ r^ ^^ '"*'"^^'*«^ «« hereinafter p;ovided- the faff to L**"""'.-^]" ^^ !° *^^ P^^^*^" prosecuting, and the other Inl II i'" ^PP''^"^ ^^ hereinafter directed ; and everv oeraon yinrolled as aforesaid, who shall refuse or nSct toannZ tet'^ '' '^-^ P'^^^^r"^ °^ ^»"« A«t' when tiled uS by t? 'p""'-"^' ^' hereinbefore prescribed, to attend kny -ompaoy, Regiment or Battalion meeting, not being preveiited by 10 f i ' i! ' m Improper con- duct of Militia- Men Notic* of fine Appa*l against fin* >I|IP OfBeera neglecting to attend traiii- ingi by iickness, unavoidable accident, or other reasonable excuse, satisfactory to the Commanding Officer of his Company, shall be subject, for the first ofl'ence, to a fine of Five Shillings, for the second offence, to a fine of Ten Shillings, for the third of- fence, to a fine of Fifteen Shillings, and for every subsequent offence, to a fine of Twenty Shillings. And every Militia-man enrolled as aforesaid, appearing on Parade, who shall refuse or neglect to perform such Militja duty as shall be required of him, or shall, on the day of muster or training, depart from aach Company, without leave from the Commanding Officer of the Regiment, Battalion or Company, to which he shall be- long, shall forfeit and pay, for each and every offence, a sum not exceeding Twenty Shillings, and not less than Five Shil- lings, which fine shall be imposed by the Commanding Officer of the Company present, and on Parade. XXIX. And be it further enacted. That notice of the imposi- tion of the fines aluresaid, shall be given by the Clerk or non- commissioned Officer, or such person as shall, for the time be- ing, perform the duty of Clerk of the Company such Militia- man shall belong to, either personally, or in writing, left with the master, parent or wife, or with his child or servant, of the age of discretion. XXX. And be it further enacted, That it shall and may be lawful for every Militia-man, upon whom a fine shall be im- posed as aforesaid, within the period of four days, if he shall adjudge himself aggrieved , to appeal to a Board of Officers, to be formed as hereafter is directed, and any person or persons so appealing shall give notice thereof to the Clerk, or person doing the duty of Clerk, within the period hereinbefore limit- ed. XXXI. And be it further enacted. That all Officers under the rank of Lieutenant-Colonel, who shall fail to attend any meet- ing of the Regiment, Battalion or Company, ofMilitia, to which they respectively belong, without reasonable excuse, to be ad- judged by a Board of Officers, to be appointed as is hereinafter directed, for the purpose of hearing and determining appeals, shall respectively forfeit and pay, for each and every default, according to their rank, that is to say, if a Major, five pounds ; ifa Captain, three pounds; and if a Subaltern Officer, two pounds ; which fines shall be sued for by the Adjutant of the Regimentor Battalion, and recovered in like manner as fines are that are imposed upon IMilitia-men for non-attendance. And out of the said fines, the said Adjutant shall deduct to his own use one fourth part for his trouble of collecting, and the other three fourth parts he shall pay over to the Quarter-Mas- ter of the Regiment or Battalion, to the use of the Regiment 5 or Battalion. k 9 [SECTION XXXII. REPEALED.] XXXllI XXXI by this i man con vered be not beint belongs, remit an; man had the fine, said Just cases of < JindJV. quent chaii^ of one Com XXX n Militia-m to do and Company first day c he shall t such enrc of his Re{ XXXV. the said \ limits oft :one week Jnotice to idence, an ^removal, i ^each oflen XXXVI [Guards sh warding, \ buted to a nd every nd those turn, acco jng Officei )r neglect] "tir term pirected b jteit and pa ten shilliuj for the use Command] Provide! -'xtendorl onable excuse, /Otnpany, shall e Shiliings, for r the third of- !ry subsequent ;ry Militia-man shall refuse or be required of ^, depart from landing Officer :h he shall be- oifence, a sum han Five Shil- anding Officer ; of the imposi- Clerk or non« ir the time be- such Militia- ting, left with lervant, of the 11 and may be •■ shall be im- ays, if he shall 1 of Officers, to ion or persons 5rk, or person inbefore limit- icers under the ;nd any meet- lilitia, to which cuse, to be ad- I is hereinafter ining appeals, ' every default, , five pounds ; n Officer, two fljutant of the inner as fines )n-attendance. deduct to his :ting, and the i Quarter-Mas- the Regiment ] XXXIII, 11 XXXIII. And be it further enacted, That all fines incurred by this Act for non-attendance, and imposed upon any Militia- man conformable to the provisions of the same, shall be reco- vered before any one of His Majesty's Justices of the Peace not beinganOfficeroftheCompany to which the Militia-man belongs, which Justice of the Peace shall have no power to remit any such fine, but on proof that the delinquent Militia- man had the notice by this Act required of the imposition of the fine, and that he had not been relieved upon appeal, the said Justice shall issue process for collecting the same, as in cases of debt. ^nd Whereat, great inconvenience is experienced bit reu»on of the frc quenXchayigmg of the Militia-men, of the Halifax Regiment oj Militia, out of one Company thereof, into another. J ""> "»• XXXIV. And be it further enacted, That each and every Militia-man, of the Halifax Regiments of Militia, shall be bound to do and perform his several Militia Duties in and with that Company of Militia in which he is properly enrolled before the first day of April, in each and every year, to which Company he shall be deemed as belonging for the year next following such enrolment, any transfer of his residence within the limits of his Regiment or Battalion notwithstanding. XXXV. And be it further enacted, That any Militia-man of the said Regiments or Battalions, who shall remove from the limits of the Company District, in which he is enrolled, shall ;one week after the removal to another Company District give jiiotice to the Clerk of his Company of his new place of' resi- [dence, and in like manner shall notify the said Clerk of any removal, and in case of neglect the said Militia-man shall for ?each offence forfeit and pay a fine of ten shillings. i XXXVI. And be it further enacted. That where Militia (Guards shall be appointed for the purpose of watching and |warding, that the said duties shall be equally and fairly distri- buted to and amongst, and equally and fairly borne by, each -nd every able-bodied-Man of the District, as well officers nd those exempted from Militia Trainings, as others in his urn, according to a list or roster to be kept by the Command- ing Officer of each Militia Company, and every person refusing br neglecting by himself, or sufficient Substitute, to perform his iir term of watching and warding in manner, and at the time irected by the Commanding-Officer of his Company, shall for- eit and pay, for each and every neglect or refusal, a fine of ten shilhngs, to the use of the Company, and to be disposed of i()r the use and benefit of the Company in such manner as the -ommanding-Officer of the said Company shall direct. Provided always, That nothing in this Act contained shali xtend or be construed to extend the number of days required for Recovery of fine* Removal of Militia-men from one Company to another M{Ktia-men to giv« notice of removal Watching and Warding Proviao 12 Watching and Warding by Militia-men o- ver six days to be paid for Faiic alarmi Miluia CourU of Inquiry Exemptions' Militia doty for training, to be performed by Militia-men, between the ages of forty-five and sixty years, or to subject any Militia-man a- bove forty-five years of age to any of the fines imposed by this Act for non-attendance at Company or Battalion trainings. XXXVII. And be it further enacted, Thav where, from the exposed situation of the District, and the appearance or threat- enings of the enemy, or by direction of the Governor, Lieu- tenant-Governor or Commander in Chief for the time being, Militia Guards shall be so appointed and kept, as that any Militia-man's duty of watching and warning shall ex- ceed the number of six days or nights in any one year, it shall and may be lawful for the Governor, Lieutenant-Governor or Commander in Chief for the time being, to cause every such Militia-man's service, over and above the said number of six days or nights, to be paid for out of the Treasury of the Pro- vinoe, according to the rate of Militia Pay, by this act al- lowed, upon such over service being duly stated and certified by the Commander of each Battalion or Regiment of Militia, respectively in manner and form as shall be prescribed by the said Governor, Lieutenant-Governor or Commander in Chief. XXXVIII. A,nd be it further enacted, That every person or persons who shall wilfully make, or cause to be made, any false alarm, shall forftsit and pay, for each and every ofience, the sum of teq pounds, to be recovered by Bill, plaint or infor- mation, in any Court of Record in this Province : one half thereof to the person who shall prosecute for the same, the o- ther half to the use of the Battalion, in the District of which the ofience shall be committed. XXXiX. And be it farther enacted. That it shall and may be lawful for the Governor, Lieutenant-Governor or Command- er in Chiel for the time being, to draw, by Warrant from the Treasury of the Province, such sum and sums of money as may be necessary to defray the expense attending such Mi- litia Courts of Inquiry, as the Governor, Lieutenant-Governor or Commanuer m Chief may, from time to time, think proper to form, for the purpose of enquiring into such charges, and allegations as may be exhibited against Militia Officers. XL. And be it further enacted. That no established or Li- censed Clergyman, or regularly ordained Minifit<3r of the Gos- pel, shall be liable to any of the provisions of this Act ; and that the persons hereinafter named shall be exempted from all muster and trainings, (except such as shall receive commis- sions in the Militia,) viz .—^Fiie Members of His Majesty's Council ; the Members of the Assembly, for the time being ; the Chief-Justice, and Judges of Courts ; theAttorney and So- licitor-General ; Justices of the Peace, who have taken the Oath of Office ; High Sheriffs, Coroners ; the Secretary, Syrveyor-Gencral, and Treasurer ot the Province ; Ofiicers of ,1 13 ?^u^A ^V^^^y'^ Customs, and of the Excise, and eBtab- lished Waiters; the Naval Officer and his Depuies-Physici ans, and Surgeons, and Attornies at Law, Clerks, S oreK- ers, and other persons, actually employed in the Civi and M^- •tary Departments of the Army, constant Ferrymen? fbe^l licensed as such,) one Miller to each Grist Mill, PosLas^erf and earners actually appointed and emploTed as suX an3 persons usually called Quakers, and duly Certified as such Sy frl f"^'"*^- ?T!^^^ ^'^^y"' that all persons so exempted from trainmg. shall be at all times furnished with Arms and HkTn^IJLr' '? '"^"".''" P'-^»"ibed by this Act, and under the like penalties, for neglect thereof, and shall be iable to attend tieR^lkia hv'^H^"^^^^^^^ ^°^ persons enroHed in nn?vth.?nii^-^^'"'^'^^''"':'"®^'«"t substitutes, excepting "vtcounH °,r? r'°"r' l'^ T'^^ ^^'"^ers of His Majes? nf !hoT • ^ ^""i^^^ ""^ ^^^ Supreme (Jourt, the Secretary of the Province, and persons commonly called Quakers certi- «ni"o T'' t their Society, for which exem^^ns every m.ch Quaker shall pay annually the sum of Twenty ShiC/ • ■'^y-^i"'' be It further enacted, That if any Non-commi, sioned Officer or Private of any Company of J[ili^r sha- be" S- traders r.h'^rfS °' ««"temptous behaviour, disobedience ol orders, or shall otherwise misbehave himself at anv muster or training, whether in Regiment, Battalicli or ComLZ fn th?RSen^B "t?'. "'^ '?'^"''"' '""^ ^^lOfficox comSing oflfendS fn i;^ i"" ''I" ^°*"P«"y' to cause such persons m Count ?; I f •"^"'^'^'^'e'y apprehended and committed to the t^lve i ;/ Th^ 'T ""* ^.^^^di"? three days, nor less than iTe Can?n n nn n^«'^ ^^ ''^'"^•" ^ t'"'^"* ^^^ "«• "lain-prize ; and the Captain or Officer commanding such Regiment Battalion hand afd SpIi r .f^^^^ "•'' -^'^ •^""•"■' « Warrant, under big SerorSlltllll/Si^^^^^ who was ffUl ty of nn tU^ "•"ijr expiration whereof you are to release the said C n nn Ki» <=ei«iS.'',fir! "' ""'^^"^ "f,"'' ""'■* «"=riffor Jailor, to re- pany Drunkeoneii or contempt- uous behavi- our Appointment nf Adjutant Hi* duty Compensation to Adjutant Appointment ofSergeantB Corporals, Clerks, &c. 14 patiy, to escort the said offender to Jail, shall in case of neg- lect or refiieal, be reduced to the ranks, and shall, for each and every such ofience, forfeit and pay the sum of Forty Shillings^ and each and every private, who shall be ordered by the Com- manding Officer as a.^resaid, for the purpose of escorting the said offender, as aforesaid, who shall neglect or refuse to do the same, shall forfeit and pay the sum of Ten Shillings, XLII. And be it further enacted, That there shall be an Ad- jutant appointed to each Regiment or Battalion in the Pro- vince, whose duty it shall be to attend at the place of assem- bling each Company, Regiment, Battalion and Detachment, of the Regiment or Battalion, when called out as aforesaid, then and there, under the direction of the Officer commanding, to inspect their Arms, Ammunition and Accoutrements, to super- intend their exercise and manoeuvres, and introduce a proper system of military discipline, agreeable to such orders as he shall receive, from time to time, from the Colonel or Command- ing Oflicerof the Regiment or Battalion, and to do and perform such other duties and services suitable for an Adjutant, as the Colonel or Commanding OfKcer of the Regiment or Battalion shall, from time to time, order and direct, and that every such Adjutant shall be allowed, as a full compensation for all the service he is required to perform by this Acl,the sum of Fifteen Pounds per year, to be paid out of the Provincial Treasury, by Warrants from the Governor, Lieutenant-Governor, or Com- mander in Chief for the time being, on the Certificate of the Field Officer, and a majority of the Captains of the Regiment or Battalion, and of the Inspecting Field Officer, if any, of the District for which the Adjutant may be appointed, that such Adjutant is duly qualified, and has attended all the Regiment- al and Company trainings, distributed the orders, ^nd made up the returns of the Regiment or Battalion, and faitnfully per- formed the other services prescribed by this Act. XLIII. And be it further enacted, That the Captain or Offi- cer commanding each Company, shall, and is hereby fully em- powered, with the approbation of the Officer commanding the Regiment or Battalion, to nominate and appoint proper persons to serve as Sergeants, Corporals, Clerks, Drummers or Fifcrs, in the Company which such Captain or Officer commands, and so to displace them, and appoint others in their room ; and if any person, so appointed, shall refuse to accept such appoint- ment, he shall forfeit and pay a fine of Forty Shillings, and another shall be appointed in his room, who, in case of refusal, shall be liable to the same fine, and so on, until one do accept ; and in case any Sergeant, Corporal, Drummer or Filer, accept- ing such appointment, and refusing or neglecting the duty thereof, shall forfeit and pay, for each offence, Forty Shillings. XLIV. And be it further enacted, That all Clerks of Com- panies. ]5 pnnies, before they enter on the execution ol their duty shall ^ke an oath before some one ol His Majesty's Justices of . eace, who is hereby authorized to administer 'the same. The form of Oath to be us follows, viz :— I do swear truly to perform the office of Clerk of the Militia Company, under the Command of A. B. to the utmost of my skill and power in all things appertaining to my olHce, accord"- mgtoLaw. So help me God. o / , u And the duties of Clerks of Companies shall be, to keep Re- gisters of their respective Companies, to furnish the Non-com- missioned Ofhcers with lists of the men whom they are direct- ed to warn for training, and other duties prcBcribed by this Act, and to take lists of the Companies as often as required bv the Officers Commanding them ; to attend Commissioned Offi- cers making inspection of Arms ; to attend all musters, and to prosecute lor all fines, and sue for nil penalties, incurred by this Act, applicable to the use ol their respective Comoauies when so ordered by the Officers commanding such Company' and such Clerk shall be allowed and paid one fourth of all fines and forfeiture,'^ he shall recover by virtue of this Act, as a re- ward for his trouble m doing the duties enjoined thereby, and shall be exempt from being drafted or ballotted for actual ser- vice. XLV. And be it further enacted, That if any Clerk of a Mi- litia Company shall refuse or neglect to perform the duties hereinbelore enjoined, he shall forfeit and pay for each offence, or neglect of duty a fine not exceeding Five Pounds, nor less than Twenty bhillings, to be prosecuted for by the Officer commanding the Company. ^ 1 "^/VI-' ^u'^ 5^®!' ^"f*^^'' enacted. That it shall and may be lawful for the Colonel, or Officer commanding any Regimen? or Battalion of Militia, to appoint a Sergeant-Wajor and Clerk, for such Regiment or Battalion (and in those Counties or Dis- tricts where, from local circumstances, the Regiment or Bat- talion cannot be assembled entire, one additional Clerk for such Division of said Regiment or Battalion, which cannot be as- sembled at the place of general rendezvous,) provided there to dt'r' "^^r"«"""' ^^'V""- ^"^ Regiment or Battalion and to displace such feergeant-Major and Clerks, and appoint others • I!u°^] ^? ''^ ^^^'^ '^^*^ occasion ; and the Sergeant-Ma- SlS.?- '''^.'""^P""'''''^' '^''"^^ exempted from all ballotting for actual service; and ihe Clerks, so appointed shall take the Oath for the faithful discharge of their dutrs in man shaU h" '^^H^^'f,^'"-- l--«^"bed forl^lerks of Comp^liLs ani shall be subject o the same penalties as the Clerks of Compa- nies for any neglect of duty. * . XLVIl. And be it further enacted. That twice in every year viz : on or before the last day of Maroh.^ and NovembeT,^he Colonels CUrka (o b« •worn Form of Oath Dut/ of Clerk* Refuaal to serve aa Clerka Appointnient of Sergeant- Major, and Clerk to each Battalion n^ w Iteturn or Ktrencth or UatuJioiu Return or Arini, &c. Aooount of Fines collected and their ap> plication Return of the strength of Companies with their Arms, &c. Interruption of Militia in their exercise Infirmities Coloneiaor Other Officers commanding Regiments or Battali*- ons shftll make out, and tronimit to the Adjutant General of the Miiitia, lor the irifurniaiiod of the Governor, Lieuienant- Oovernor, or Commander In Chief, returns of the strength of their Regiments, Battalions or Companies ; nnd also returns of of Arms, and an account of all fines, collected or paid to them, and of the expenditure thereof, with certified copies o( the vouchers for each expenditure ; and all Captains or OfH* cers Commanding Companies are hereby required to make out and transmit to the Officer Commanding the Regiment or Bat- talion to which such Companies belong, twice in every year, viz : on or before the fifteenth days of March and Noventber, annually, and as often further as required by the Commanding Officer of the Regiment, returns of the strength of their respec- tive Companies, with fair rolls thereof, and also returns of Arms : all forms of returns prescribed by the Adjutant-General to be uniformly adopted; and any Officer guilty of wilfully mak- ing any false returns, shall be cashiered by the sentence of a General Court-Martial, to be appointed as is hereinafter direct- ed, and shall moreover be liable to a fine not exceeding twenty pounds ; and if any Colonel or other Officer commanding a Re- giment or Battalion, shall neglect to make the returns requir- ed of him as aforesaid, he shall for evrery such neglect, forfeit and pay a fine of twenty pounds ; and if any Captain or other officer commanding a Company, shall neglect to make the re- turns required of him as aforesaid, he shall forfeit and pay a fine of five pounds, for every such neglect. XLVIII. And be it further enacted, That if any person shall wilfully interrupt any Regiment, Battalion, Company or De- tachment, of Militia, at exercise, or on any duty prescribed by this Act, it shall and may be lawful for the Officer command- ing such Regiment, Battalion, Company or Detachment, to confine such persons during the time of such exercise of duty [if necessary] to prevent the continuance of such insult or wilful interruption ; and the person so offending shall forfeit and pay the sum of ten shillings for each and every of- fence- XLIX. And be it further enacted, That when any person enrolled in the Militia shall complain to the Officer command- ing the Regiment or Battalion to which he belongs, that, by reason of sickness or accidental or natural ir lii y, hfi is una- ble to perform the Militia duties required bv t * a\ it shall and may be lawful for the Colonel, or FieW. * 'J :,ui , order a Board of one B'ield Officer, and two Captains, to enquire into and decide on, the said complaint ; and it shall be lawful for such Board to apply, or to cause the party complaining to ap- ply, to any able Physician or Surgeon, residing within the County or District to which the Regiment or Battalion be- longs It or Battali- [ General of , Lieuiennnt- e strength of Iso returns of mid to them, :opie9 o( the lins or OfB- to make out meiit or Bat- every year, i November, Commanding their respec- > returns of tant-General wiifuliy mak- sentence of a iiafter direct- jding twenty anding a Re- urns reqiiir- jlect, forfeit tain or other make the re- 3it and pay a person shall 3any or De- rescribed by r command- tachment, to cise of duty ch insult or shall forfeit cl every of- any person r command- os, that, by y, he is una- Aci it shall order a inquire into 3 lawful for ining to ap- within the attalion be- longs Officari, for belter regulati- on of MilitM 17 belong!, for his oertifioate cr opinion respecting the nature and extent of the sickness or infirmity of the ccmplahifint, which cpU nion or certificate the said Physician or Surgeon is' herebyre. quired to give forthwith without fee or reward, under penalty of forfeiting Forty Shillings lor each refusal or neglect } and, if after a full consideration oftho said complaint, the Board shall report thereon to the Officer ommanding the Regiment or Battalion, that the party complaining is really unable to per* form the said Militia duties, the said commanding Officer shall grant a certificate thereof accordingly, which shall exempt tha complainant from such duties so long as the disability ahali exist, and every Physician or Surgeon who s. all give a certifi. <»te or opinion of the actual existence of any sickness, com- plaint or disability, of any Militia-man, knowing that sueh sickness, complaint or disability, is false or pretended, shall for- /bit R.jd pay a fine of Ten Pounds for every such offence. L. And be it further enaated, That the Colonel, or Officer commanding any Regiment or Battalion, shall, once in e\'ery Conferenow of year, within the first fourteen days of the Month of March, "*" — '" and as often further as with the advice of three Captains of his Regiment, he shall judge fit, require the Field-Offioers, Cap- tains, and Officers commanding Companies, to meet at such time and place as he shall appoint, and there with them con- fer and take order for the better regulation of their Com- panies ; for establishing and altering the li.nits of Company Districts ; and prescribing the number of men in each Com- pany ; appropriating such fines as, by this Act, are to be applied to the service of the Regiment or Battalion ; and to make such rules and regulations as to them, or the major part of them, may seem meet, for the promotion of subornination and mili^ n tary discipline, in the Regiment or Baitalion to which they cIS' belong ; and all Officers shall yield obedience to the warrants or commands of their superior Oflicers, and shall observe such regulations, being in wriiing, as may be made at the Meetings herein prescribed, under a penalty not exceeding five pounds, to be adjudged at the next Meeting as aforesaid. Provided always. That no Officer shall be bound by any regulation re- garding his dress or appointments, unless two thirds of all the commissioned Officers of the Regiment or Battalion shall have concurred therein ; and provided also, that an account of all fines, with their appropriations as aforesaid, shall, from time to time, be rendered to the Secretary's Office, by the Colonels, or other Officers commanding Regiments or Battalions, and subiect to the like penalty for defaults ; and that no rule or re- gulation made at any of the aforesaid meetings (exceptinff onlv sudi as may relate to the establishing the limits of Districts, and numbers of men in each Company, or to the appropriation of fines) or any warrant or command thereupon, shall be of any c forco OreH of OfS« 18 Officeri re- moving from the District to which their Battalions be- fpog Redoced Offi- csrs Actoal Servico When the Governor cannot be consulted on any sudden attack force or validity, until the same shall have been transmitted to the Governor, Lieutenant-Governor or Commander in Chief, and shall have received his approbation. LI. And be it further enacted, That every Militia Officer who shall remove from the County or District to which his Re- giment or Battalion belongs, or who from other causes is not attached to any Regiment or Battalion, but retains a commis- sion in the Miliua, shnll be liable to sit on Courts-Martial, and to perform the other duties of his rank when thereto required by his superior Officer, and may in cases of necessity or va- cancy be ordered to take his station in the Regiment or Bat- talion of the County or District in which he shall reside, and in case of refusal or neglect to obey such orders, such Officer shall be tried by a General Court Martial, and on conviction of such offence be deprived 0/ his Commission. LIL And be it further enacted. That no Officer who has been, or hereafter may be. cashiered by the sentence of a Ge- neral Court-Martial ; no Officer who may hereafter resign his Commission in the Militia : and no Officer who has been here- tofore dismissed His Majesty's Service, or who shall neglect within six months after the publication of this Act, to qualify himself for the duties of his station, (and shall upon the repre- sentation of the Commanding Officer of the Regiment or Bat- talion to which he belongs, and the Inspecting Field-Officer of the District, be on that account deprived of his Commission by the Governor, Lieutenant-Governor or Commander in Chief) shall be entitled to any rank or privilege from having held such C rnnission, or exempted from enrolment, or the per- formance of the duties of a private Militia-man. LHI. And be it further enacted. That the Governor, Lieu- tenant-Governor or Commander in Chief, shall be, and is here- by authorised and empowered, in case of any invasion or sud- den attnck made or threatened by His Majesty's enemies, to call into reajL service the Militia of the several Counties, or any part thereofVas he in his discretion shall think fit ; and that the Militia or any part thereof so called into real service, by virtue of the provisions of this Act, shall and mayBe ordered to march from one County or part of the Province to another, on any necessary service occasioned by any such invasion or sudden attack made or threatened. LIV. And be it further enacted. That in case of any inva- sion or sudden attack niade or threatened to be made as afore- said, in any County where the Commander in Chief cannot be immediately consulted, the Commanding Officer of the Militia in such County shall have power, if he in his discretion shall think it absolutely necessary, to call out the Militia of such County, or any part thereof, into real service; and in case of any such invasion or sudden attack being made or threatened to en transmitted lander in Chief, Militia Officer ) wiiich iiis Re- causes is not ains a commis- ts-Martiai, and lereto required !cessity or va- [iment or Bat- iiall reside, and P8, sucli Officer on conviction ficer who has itenceof a Ge- after resign his has been here- shall neglect Act, to quaiiCy tpon the repre- »iment or Bat- Kieid-Officer of Commission by ider in Chief) I having held :, or the per- )vernor, Lieu- )e, and is here- ivasion or sud- 's enemies, to Kinties, or any ; and that the vice, by virtue lered to march nother, on any 5ion or sudden 5 of any inva- nade as afore- hjef cannot be of the Militia iscretion shall [iiitia of such and in case of or threatened to 19 Jo be made, in any Town, Parish or District, in any Countv Where the Colonel or Commanding Officer of the Militia of Such County cannot be immediately consulted, the Officer com manding the Militia in such Town, Parish or District, shall have power, if he, in his discretion, shall think it absolutely necessary or expedient, to call out the Militia under his com- mand, or any part thereof, into real service ; and such Officer last mentioned shall forthwith report his proceedings, and the reasons and grounds thereof, to the Colonel or Commanding Officer of the Militia of the County, who js hereby empower^ and required, in case he shall call out, or continue in real ser- vice, any part of the Militia under his command, forthwith to dispatch, ifnecessary, an express to the Governor, Lieuten- ant-Governor or Commander in Chief for the time being, noti- lying the danger, and the strength and motions of the Inemv and the said Colonel or Commanding Officer is hereby empow' ered to impress men and horses, boats, carts or waggons, as the service may require ; and all expresses, so ordered, and the nien so impressed, or owners of such horses, shall be al- lowed a reasonable compensation for such service, to be oaid outoftheProvindal Treasury, by Warrant from the Gover- nor, Lieutenant-Go^^ernor or Commander in Chief, for the time bemg, with the advice of His Majesty's Council, and on cS^ t«?nc f r^'tiM-'' ''"^J "^ Commanding Officer, and two Cap. bSjiii^^'iiLred'^ '°""*^' *'^^ ^"^^ ^^p--« ^«- Regulation of duty in ac- tual Service PhI" ^"d *^«'tj";,ther enacted. That when, In consequence nue order of the Commander in Chief, or in the cases here- u before mentioned, of the Colonel or Officer commanding the Mil tia of any County, or any part thereof, shall be called into real service in the County to which they belong-all duties o be performed, except in cases of great emergency, shall be re° gulated by rosters to be kept of the Militia fit for^duty so that " such service may b? equitably distributed ; and every Officer 7J.T^ 'T'k^ m the Militia, when called into ac^tual ser- vice s hereby bound and'required to yield obedience to all lawful commands of his superior Officers, for mounting Guards erect.ng Works, and other Military SerWces. for repemng re-' sisting or guarding against the attacks of the Enemy, fJlr d^SeJieLr;? Orders.' '"'''"^^ ^P^^^"*^' '' '''''^^'' ^- liP^tln M^'i-^ !f ^""''^'' ''"^°*^^' '^'^^t' «» soonafter the pub- lication of this Act as the Governor, Lieutenant-Governor or Companies t. the Commander in Chief for the time being, shall appoint and ■' ^"'""'^ rected hv thfr. ^^""^ ^r"^ ^''^'^ y^^""' ""'««« otherwise di- la ChtfU fh^?''^"u'"? ^'^''tenant-Governor or Commander |ia Chief for the time being, the Officers commanding the seve- 20 Hoitert to bo farmed by ballot ral Reg^iments or Battalions of Militia, shall cause the Captains or Commanding OfBcers of Companies, in their respective Re- giments or Battalions, to divide the men enrolled in such Com' panics into two clasides : the first class to consist of all the able men, from the age of eighteen to the age of forty-five years, inclusive, which is to be considered as the first class for ser- vice ; and the second class to consist of men above the age of forty-five, and under the age of eighteen years, which is to be oonsidered as the second class for service ; and in case a suffi- ciency of Arms and Accoutrements shall not be provided, at the expense of the Province, or otherwise, for arming the whole of the Militia, the men of the first class shall be completed with Arms and Accoutrements, before any other persons shall be furnished therewith. LVII. And be it further enacted, That as soon as the class- es shall be formed as aforesaid, the Commanding Officers of the respective companies shall cause a draft or ballot to be made of the first class, as hereinafter mentioned, for the purpose of framing a list or roster, by which the men of such class may be called into actual service, when required, that is to say : the names of each and every person in such class shall be written on separate pieces of paper, nil, as near as may be, of equal sisse, which shall be rolled or folded up, as near as may be, in the same manner, and put into a hat, and therein be well mix- ed and shaken together; and in like manner, numbers from one to the extent of the number of men contained in such class, bhall be written on distinct pieces of paper of equal size, as sear as may be, and separately rolled or folded up, as nearly alike as possible, and put into another hal, and well mixec{ or shaken together ; and two indifferent persons shall be nominated by the Commanding Officer of the Company, publicly to draw the same, and the said persons shall respectively begin by drawing out of each hat one of the said papers ; and the Clerk of the Company, if present, or otherwise a person appointed to offici- ate as Clerk, shall form a list on a paper, to be provided for that purpose, and shall first set down thereon the name of the person first drawn out of the hat, and opposite to such name the number first drawn out of the other hat, and then the per- son appointed to conduct the drawing, as aforesaid, shall draw another name an»l another number, respectively, and the Clerk shall set down, as aforesaid, such name so secondly drawn, and opposite thereto, the number secondly drawn ; and the drawing shall proceed in like manner, until the whole of the names and numbers of such first class shall be drawn and set down in writing, as aforesaid ; and, from such list, the Clerk of the Com- pany shall form a new list or roster, beginning with the name of the person against whom the number one stands in the list, and proceeding in numerical order to the name of the person who drew the last or highest number. LViU. LVI any Ti ed and ed for LIX ingOff Cavair vernor nish or Troop in as e Men ol shall fi ning w aforesa such li£ and eac by sick son, or Officer Regiuu obedier confine( ■I Ten Po . next on \ place, M I neglect I room, t( fuse or sonmen roster, s I of the 1 ; go, or fi I as such I declarec I late and I lion, Tn Icurred ; |Compan rears, ni )r by sul ftll the o 'in their no Qaak going fin and shal lawful fo such Qui e the Captains respective Re- 1 in such Com^' :of all the able )rty-five years, class for ser- ove the age of which is to be in case a stifii- rovided, at the g the whole of completed with irsons shall be n as the class- ding Officers of 3r ballot to be for the purpose such class may t is to say : the lall be written ly be, of equal ' as may be, in n be well mix- nbers from one in such class, equal size, as as nearly alike i^ed or shaken minated by the to draw the ^in by drawing e Cierk of the inted to offici- e provided for le name of the to such name 1 then the per- Eiid, shall draw , and the Clerk ily drawn, and id the drawing the names and 1 set down in rk of the Com- th the name of ids in the list, of the person LVIU. 21 LVIII. And be it fuither enacted, That the men enrolled in any Troop of Cavalry or Company of Artillery, shall be draft- ed and classed for pervice in the manner hereinbefore prescrib- ed for Compt ies of Regiments or Battalions. LIX. And be it further enacted, That when the Command- ing Officers of any Regiment or Battalion, or of any Troop of Cavalry or Company of Artillery, shall be ordered by the Go- vernor, Lieutenant-Governor or Commander in Chief, to fur- nish or embody any number of Men of his Regiment, Battalion, Troop or Company, for actual service, they shall be furnished in as exact proportion as possible to the number of effective Men of each Company or Troop ; and each Company or Troop shall furnish its proportion of Men out of the first class, begin- ning with number one, in the list or roster formed by draft as aforesaid, and proceeding in the order as the names stand in such list or roster, until the numbers required are complete ; and each and every person so liable to serve, unless prevented' by sickness or other sufficient cause, shall go in his proper per- son, or find a sufficient substitute, to be approved of by the Officer commanding the Detachment, or the Field Officer of the Regiment ; and, in case of any wilful absence, neglect or dis- obedience herein, of any person so liable to serve, he shall be confined by the Commanding Officer, and shall pay a fine of i Ten Pounds, or remain in jail three months ; and the person I next on the list or roster shall be called out to serve ia his [ place, who shall have the whole of the said fine, if he shall not I neglect or refuse to go, or to find a sufficient substitute in his [room, to be approved of as aforesaid ; but if he also shall re- I fuse or neglect, he shall be subject to the like fine and impri- Bonment ; and the person then next in rotation on the list or roster, shall be called out to serve, who shall have the whole of the last mentioned fine, if he shall not neglect or refuse to go, or find a sufficient substitute as aforesaid, and so as often i as such case shall happen. Provided always, and be it hereby I declared. That the fines, if more than one, shall accumu- I ate and be recoverable to the use of the Regiment or Batta- ilion, Troop or Ariillery Company, wherein they have been in- icurred ; and |)rovided, that if any part of the Militia, in any ^ompany, shall not be called out oftener than once within four "years, no inan who has been called out, and served in person, srby sufficient substitute, shall be liable to serve again, until 111 the other effective Men of his Company shall have served In their turns, personally or by substitute. Provided also, That no Quaker, duly certified as such, shall be liable to the fore- ^°li"^u'' w®' *"'* '" ^^^^ ''^ ^'^*" ^'""^ ^^^ service on the list, and8hallrelusetogo,orfindaproper substitute, it shall be |IawfuUor the Officer commanding the Company to which i»uch yuaker belongs, to procure a substitute in his place, and such Cavalry aatj Artillery Companies to be clasted Drafts for actnal lervicc Fines Qaaker* Removal of Militia-men from one Company Did- trict to another Exemption of Clerks, &c. in Government employ 22 such Quaker shall be liable to pay the expense of such hiring', 80 as the same do not exceed ten pounds, to be recovered be- fore any <.wo Justices of the Peace. LX. And be it further enacted, That when any Milhia-man shall remove from one Company District to another, and shal' be enrolled in the Company of the District to which he has ! amoved, he shall fall in immediately before the person who has drawn the same number as the said Militia-man held in his former Company, and shall stand there ready to be called on for actual service, as if he had originally drawn such num- ber in the Company to which he has so removed. • ^}i . ''''o^'^^'i always, and be it further enacted 'J hat when It shall happen that there are two or more sons residing in the house or family of their father or mother, and who shall have resided therein for one year preceding, then in case such sons shall stand on the list or roster aforesaid, so as to be liable to be ordered for service at the same time, one of the said sons shall be excused from serving ; and the next on the list or ros- ter shall be called out in his stead ; and if any person aged six- ty yearc or upwards, or any Widow having a son, grandson, or an apprentice, on whom he or she depends for support, living with such aged person or widow, for the space of twelve months before the ordering of any draft as aforesaid, such son, grand- son or apprentice, shall be exempted from servin<^ so lon^' as he resides in the house or family of such aged person or widow and contributes to his or her support. ' M whereas, the drafting of Mililiamen employed as Clerks, Storekeepers, Mechanics or Labourers, in Ws Majesly', Ordnance Stores, andJVaval or Careening Yard, and in the Civil and Military IJepartmenls of the drmy, is frequently injurious to His Maiesti/s Service ,< for remedy thereof— '' "' .u^?/f: ^^ l^ further enacted, That, wheneve. a proportion of the Militia of the Town of Halifax shall be called intc servioe. It shall and may be lawful for the Colonel or Officer command- ing the Regiment or Militia to which Clerks, Storekeepers Mechanics or Labourers, belong, who are employed in His Ma- jesty s Ordnance Stores, or in the Navy or Careening Yard, or in the Departments of the Army, to apportion the number of dralts such Clerks, Si-rekeepers, Mechanics and Labourers, Which each of the said Departments respectively ought to fur- nish, and to procure good and sufficient substitutes in the place or stead of such CI ^rks. Storekeepers, Mechanics and Labour- ers, on the most reasonable terms, the amount of which cost and expense for procuring such snbstitues shall be duly asses- sed by the Colonel, Lieutenant-Colonel or Officer commanding the Regiment, with the assistance of two Captains of the said Regiment, on each Clerk, Storekeeper, Mechanic or Labourer, so employed m each of the aforesaid Departments respectively in in pro said CI LXl Clerk, said, sj or asse any pei 'if any i refuse i may be for the ing the Mechar his rate same, ti Town the Gor r Labo is prop nd fori !toreke( ntil the 'rovidec end, or itorekee laid depi ■reeably •erson,o leclaring Trying . ^-XIV, |ly to the !nant-G 'fficer CO [ommand itia into i [ate, enrc ■y such • arch an( quired c all be c( ent or subject $W0 of Hii Wherein ti H^d ChattI 'such Jui fee nion 23 said, shall, on due notice thereof, pa/the amounTnf u'^^'^ lor assessment to the Officer commanding .h J d •'^^ ^^"°^ ""^^^ any person by him duly autho £e7 "o fecefv^ f,f '"'"'' ""' *° lif any such Clerks, Storekeeoer \Ii>phn>nn i ! '^"'^ ' ^'''^ refuse or neglect t^ pay such rat^n^^^^^^^^ Labourer, shall may be lawlUI for any o^ H,s vJals^viT"^^"*' * "^^'^ ""^ for the tourn of HahfL, orcomS/c? the S'' '^' ^^T Im the Regiment, and ondueSyJach C^eS ^^T""^- J Mechanic or Labourer, havini been nntf«.H r Vu^'^'^'^^^P^'"' Ihis rate or assessment nnr^ nf h- ,^ '^'^'^ °^ ^^^^ amount of same, to issueT" Warrant to any of tt^r^'^^tf^ ^^^ iTown of Halifax, directing thpmtnio , i^o»8tables of the the Goods and ChS les of sth c,. ^^^^^^ i""*"'' '""^ '"'"°^ tr Labourer, the Bulrso proved to tbVhTmlr/'':^^''?'^^"^ ■his proportion, rate or asLs^Vni,2Cai^ tith , ^^^ ?' and lor want of Goods anrl rhattil * ' '^" ''"^^^ o^ S""*. kreeably to L.w or nerSni h ' P/°^"""e •substitutes a- ferson.on due n^ ice .^ven to th?m ^^^^'l'"!^ ^^'"'^ ''"^^ in eclaring such thHr h tention „. tK T^ "^^^^^ ""^ «" ^^eir kying°the same into eflbcT '^' ''"'" "^ ^^^^ification and tyfo^I;t'f.^^ii;^;;:;;re7bTthtATt'u |ommandinginanfTou-nfhio^h"i °'\ ^«^^«'i«n> or Officer Itia into actual service an vnnn. ""'^.^'.^^y P^^t of the Mi- late, enrolled in the M^li?i^^ non-comm,ssioned Officer or Pri- hy Buch^de %r sl^l not'hT h''^' I ""''^^^ "'' '^^^^^ to o- Varch and proceed to LrL^ himself or sufficient substitute, Iquired of him th. -^ k '"''^ ^^'^^^^ «« ""^y he legally [all be confined by the Offi^^^^^^^^ o-- MaJ pent or ComDanv to w hfl T '"'^"d"'? the Battalion, Re. j subject toTfine'^o Ten '^^^^^^^^^ ""d ^hall Ivo of His Majesty's Justire« nf 'th ^d '^''''''^'^^ before any |hereint].eoftSceiscCmhf.^ ''l^f-'^ ^"'' ^^e Count? Id Chatties, bvwarrantTHlf' *° ^\ '^^'^^ ^^ his Goods fsuch Jusucesf oT-^in 31%,^.^^^^^^^^ and seals jree months clUeimpHsont^^ "^^'^ t° LXV. Refusal of Clerks, &c. to pay assesB- ment Proviso Refusal of Mi- litia, when ordered into actual service Pay of Militia when ordered into actnal ser- Pay of Ser- geants.Corpor- ala, Trumpe- ters, Drum- merB and Fifers Armed Boats may be pro- vided 24 LXV. And be it further enacted, That whenever any part of the Militia of this Province shall be called out into actual ser- vice, the Officers, non-commissioned Officers, Trumpeters, Drummers, Fifers and Privates, shall be entitled to the same pay and allowances as the Officers, non-Commissioned Officers Trumpeters, Drummers, Fifers and Privates, of His Majesty's regular Troops resDcctively receive,to be reckoned from the day that they march irom the rendezvous of their respective Com- panics, t«) go on actual service until they shall be dismissed by order of the Governor, Lieutenant-Governor, or Commander in Chief ; and at the time of their dismission they shall be allowed respectively a number of days pay to defray their expenses to their usual places of residence, according to the distance, at the rate offilteen miles per day. And the Militia, when called out into actual service, shall on their arrival at the first Military Post, or at the place of general rendezvous, where they are to be embodied into Regiments, Battalions or Companies, be fur- nished with rations in the same manner, and on the same terms, as they are supplied to His Majesty's Troops. LXVL Provided always, and be it further enacted, That if the pay so to be allowed to persons under the rank of Com- missioned Officers shall not amount to the rates of pay herein- after mentioned, clear of all deductions, that is to say, to eve- ry Serjeant two shillings per day, to every Corporal, Trumpe- ter, Drummer or Fifer, one shilling and six pence per day ; and to every private man, one shilling and three pence per day ; it shall be lawful for the Governor, Lieutenant-Governor, * J or Commander in Chief at the monthly or other periodsof pay- ing the Militia, to cause the said deficiency to be made up to the Non-commissioned Officers, Trumpeters, Drummers, Fifers, and Private Men, out of the Treasury oi the Province, and to draw I'.is Warrants therefor accordingly, by and with the advice and consent of His Majesty's Council. LXVH. And be it further enacted, That in any County or| or District exposed to the attack of the Enemy, by water, iti shall and maybe lawiul lor the General Sessions of the PeaceJ on presentment of the Grand Jury of such County or DistrictJ to asses such sum or sums of money, as may be so presented,! for the providing of one or more armed Boats for the defence of such County or District ; such Boat or Boats to be under the ^ direction of the Officer commanding the Militia in such Coun- ty or District, until by the Sessions, and on presentment of the Grand Jury aforesaid, such Boat or Boats shall be judged no longer necessary, when they shall be at the disposal of such Sessions, on the presentment of the said Grand Jury, for ihii benefit of such County or District. LXVin. And be it further enacted, That whenever the CoJ lonel or Commanding Officer of the Militia in any County or! Districll *». Armed Boat* how employed Person wound- ed or disa- 25 District where such Boats are provided, shall find it necessary to order the Boats so provided, or any other Boats or Vessda , with which he may be lurnished, to proceed in repelling the Eiiemy, or to the assistance of any neighbouring District, of Place, or to be stationed as a watch for the defence of any such place, the Militia of such County shall, on the orders of such Oonfimandmg Officer, proceed in such Boats accordingly. Pro- vided always, that the Officer commanding the Party of Militia on board such Boat or Boats shall have the command also of such Boat or Boats, and that the Militia shall not be obliged to I proceed more than three leagues from the Land when so ordered. LXIX. And be it further enacted, That if any person be wounded or disabled upon any invasion or attack of the Ene- «-" "^ ""a- rny, he shall be taken care of at the expence of the Province ^'^"^ ^^ **"^ *' during the time of such disability. ' "^""^ LXX. And be it further enacted, That in case of invasion of * , , an enemy, or imminent danger thereof, when any part of the War Mihtia shall be drawn out and embodied for actual service in the manner hereinbefore directed, from the time that such Ipart of the Militia shall be so embodied until they shall be dis- Icharged by order of the Governor, Lieutenant-Governor, or ICommander in Chief, such of the Articles of War now in force Iforthe Government of His Majesty's Forces in this Province, •as the Governor, Lieutenant-Governor, or Commander in Chief t>y and with the advice and consent of His Majesty's Council' shall consider applicable, a :id shall alter so as to render the same conformable to the restrictions hereinafter mentioned Bha 1 be printed agreeable to such alterations, and such of the 6aid Articles when so altered and printed (until otherwise pro- vided for by the Legislature) shall be judicially taken notice of t)y all Judges and all Courts whatsoever, and shall be binding an, and extend to, all the Officers, non-commissioned Officers, md private men, of the Militia embodied as aforesaid, in all pases whatsoever not provided for by this Act ; which Arti- Dlesot War, the Governor, Lieutenant-Governor or Command- fu '" ur ' ^^^ ^^^^^ ^° ^^ "^^^^ anti published, as soon after Ihe publication of this Act as he may think proper. LAXI. Provided always, and be it further enacted, That no r. )fficer serving m His Majesty's Regular Forces shall sit on any S""''"""' pourt Martial, upon the Trial of any Officer, non-commission- W Ufficer or private man, serving in the Militia; nor shall any ^ntenceof any General Court Martial extend to death, unless )r desertion to the Enemy, for mutiny and sedition, for trai- torous correspondence with,or traitorously delivering up to the J-nemy, any Garrison, Fortress, Post or Guard; nor shall any ■lan, serving in the Militia, be subject to be whipped, orother- i^ise corporally punished, in any case whatsoever, except by mprisonment, nor shall the sentence of any General Court ^ Martial (jovernor to appoint Gene rai Conru Martial Memberi of Conrti Mar- tiai to be •worn Form of Oath Jadge Advo- cate to be iworn Form of Oath Periona aen- tenced to death by a Court Mar* tial 26 Martial be carried into execution until it has been approved of by the Governor, Lieutenant-Governor or Commander in Chief, for the time being. LXXII. And be it further enacted, That the Governor, ■ Lieutenant-Governor, or Commander in Chief for the time be- ing, shall have power, and is hereby empowered, by Warrant under his hand and seal, to constitute and appoint General Courts Martial, for the trial of all offences made cognizable by such Courts, by virtue of this Act, or which shall be made cog- nizable by such Courts, under such Articles of War as shall be publiseed for the government of the Militia, as hereinbefore mentioned; which Court shall consist of not less than thirteen commissioned Officers, the President whereof shall not be un- der the rank of Field Officer. LXXin. And be it further enacted, That in all trials by Ge- neral Court Martial, every Officer, before any proceedings be had, shall take the following Oath, and the Judge,Advocate is hereby authorissd to administer the same, viz : I, A, B, do swear that I will duly administer Justice, accord- ing to the Laws of this Province, now in force for the better regulating the Militia, without partiality, favor or affection ; and I further swear that I will not divulge the sentence ol this Court until it shall be approved by His xMajesty, or some per- son duly authorised by him ; neither will 1, upon any account whatsoever, disclose or discover the vote or opinion of any par- ticular Member of the Court Martial, unless required to give evidence thereof as a witness, by a Court of Justice, in a due course of Law. So help me God. And no sentence of death shall be given against any offend- er, by such General Court Martial, unless twelve Officers shall concur therein, and the Governor, Lieutenant-Governor or Commander in Chief, shall have power to appoint any one of His Majesty's Justices of the Peace for said Province, or other, n fit person, to act as Judge Advocate at any such General Court Martial ; and Provided always, that the Judge Advocate, previous to any proceedings had on the trial of any prisoner, takes the following Oath, to be administered by the President of the Court Martial, to wit: !, A, B, do swear that 1 will not, upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular Member of the Court Martial, unless required to give evidence thereof as a witness by a Court of Justice in a due course of Law. So help me God. LXXIV. And be it further enacted, That no person shall be put to death under the sentence of a General Court Martial, until a Warrant, under the hand and seal of the Governor, Lieutenant-Governor or Commander in Chief, shall issue for the execution of such sentenoe: which Warrant shall direct the een approved of Commander in the Governor, for the time he- ed, by Warrant ippoint General e cognizable by ill be made cog- War as shall as hereinbefore ss than thirteen shall not be un- 1st any ofFend- e Officers shall it-Governor or nt any one of ■ince, or other, such General idge Advocate, any prisoner, the President lount, at any or opinion of iless required of Justice in a terson shall be "ourt Martial, he Governor, lall issue for t shall direct the Rank of Offi- cers compoi- ing Couru Martial Power ofRf giroental Conrta-Mar- tial 27 the time and place, when and where the person sentenced to death shall be executed, and all sentences of death shall be exe- cuted by either shooting: or hanging the offender, as the same may be directed and ordered in the said Warrant, v^hich Warrant shall be a sufficient justification to the Officer or Officers to whom the same may be directed, and to all those lawfully employed un- derthem in executing such sentence. Provided always, that pre- vious to any persons being put to death, pursuant to the sentence of a General Court Martial, such sentence, and the Warrant for the execution thereof, shall be publicly read in the hearing of the ^f V V V A ' ^V*^®. *'"'® ""'^ P'^*^^ appointed for such execution. LAAV. And be It further enacted. That no Officer under the rank of Captain, shall sit upon a Court Martial for the tri- ai of any Field Officer. LXXVI. And be it further enacted. That General Courts Martial shall have power, and they are hereby empowered, up- on appeal being made from the sentence of Regimental Courts Martial, to enquire into, and to confirm or annul, the said sentence, as lo the same Court shall appear fit and right : and m case it shall appear to the Court that an appeal bath been niade without any sufficient cause by a person sentenced by such Regimental Court Martial, then and in that case the said General Courts Martial shall have power, and they are hereby empowered, to increase the punishment of such ap- peilant by imprisonment in the Jail of the County, where such *'P?®''t?TV "'*^ '■®®'^^> ^o*" a ti""e not exceeding thirty days. L- J- n ^^^ ^^ ^^ farther enacted, That Officers com- manding Regiments, Battalions or Detachments, not under the rank ol Captains, shall have power, and they are hereby em- powered, to order a Regimental Court Martial for the trial of all offences cognizable by such Court, under and by virtue of inis Act, or any other Act made, or that shall be made, for the better regulating the Militia, and that such Regimental Court Martial shall consist of five members at the least, the Presi- I vvvTi^^^''^" "''^ ^^ ""^er the rank of Captain. 1.AAV11I. And be it further enacted. That the said Regi- ««„„„.. „f ZltZlTf^^'''^^'^^^\^^'''^^'^'''-''^'^'y «••« hereby RegSSl empowe.ed, to hne or imprison offenders for offences, made by Conru Martial ^ »hJl°?^"'''^r^u ^y„?"°^ ^'°"''*' ^" their discretion, according to i m. i"'^5n^-® offence-provided that the fine, to be by them imposed, shall in no case exceed the sum of five pounds : and S r Wv ^T^'^* ^^^" ^" "° °^s^ **^ceed thirty days. 'wptimV **i^" ^^l* ^"'■'h®'" 'enacted, That no sentence of a STn ^' ^''"i;* ^^'■''^' "h^" ^^ executed, until the same thP Ro^i^PPTo'* °^^"'* confirmed, by the Officer commanding h!S>£ "*'^^"^'i°"'°^^^^^^hmentof Militia, in which iJnf^KEPT^''"*^'*^^*'"^^''''^'"^'' shall the same be exe- Sl fl.T f '''^^' ""^'' ^''^ ^^""^ of such commanding ■ 'Jmcer, for that purpose. LXXX. Regiroental Courts Martial Ezeention of Sentence 28 Witnei«ei to be aworn Confansninity ofMemobra of Courts Martial to delinquents Quarter Mat- ters Desertion from actual service LXXX. And be it further enacted, That all Courts Martial shall have power, and they are hereby empowered, to udmini- Bter an Oath to Witnesses, in the satuenmiuier as is accuetotned by the Court Martial in the British Regular Army ; and to pu- nish all and every person or persons for contempt of the Court, by disobedience of its order ^ made in pursuance of the power and authority vested in their.; or gross abuse of the said Cotirt, in presence of the said Court, by fine or injprisontnent, so as the said fine by them imposed shall in no case exceed the sum of five pounds; and the imprisonment shall in no case exceed twenty days. LXXXI. And be it further ( icted. That no person shall sit as a Member of any Court Martial for the trial of any of- fender, who shall be related, within the fourth degree, either to the prosecutor, or to the person or persons prosecuted; nor shall any accuser sit as a Member of the Court for the trial of the person accused. LXXXII. And be it further enacted, That the Quarter Masterof every Regiment or Battalion shall, before he com- mences the duties of his office, give bond with two sufficient sureties to the Colonel or Officer commanding such Regiment or Battalion, for his faithful discharge of such duties, and for his duly accounting for and applying all monies he may re- ceive by virtue of this Act, and for all Provisions and Stores he may receive as Quarter Master of such Regiment or Batta- lion; and the Quarter Master of every Regiment or Battalion shall receive all fines and forfeitures applicable to the service of his Regiment or Battalion, for collecting, receiving and pay- ing over, which he shall be entitled to a commission ol ten per cent, to be allowed in his General Accounts; and such Quarter Master shall annually, at the General Meeting of the Commis- sioned Officers of the Regiment or Battalion to which he be- longs, and three times further if thereto required by the Offi- cer commandiug such Regiment or Battalion, exhibit fair ac- counts of the receipt and disbursement of all monies coming into his hands for the use of his Regiment or Battalion, and it shall and may be lawful for every Quarter Master with the ap- probation of the Officer conuaanding the Regiment or Batta- lion to which he belongs, to appoint a Quarter Master Ser- geant, and with the like approbation to remove him, and to appoint another in his stead; ana the Quarter Master shall be, and he is hereby made, responsible for all monies applicable to the use of the Battalion or Regiment which shall come into the hands of such Quarter Master Sergeant. [SECTIO.VS LXXXIII fy LXXXIV, REPEALED.] LXXXV. And be it further enacted, That if any person or persons whomsoever, shall encourage, persuade, entice, pro- cure, or endeavour to encourage, persuade, entice, or procure, any 29 any Dori-coiuiiiisBioiied UIHcor or private man of I lie Milit-.a on actual service, to desert, or shall harbour, conceal or nssis* any denerter from the Militia, on actual service, knowing him to be such, it shall and may be lawlul for the Commanding Officerof the Regiment, Battalion, Company or Detachment, to which such non-commissioned OIHcer, Private Man or De- serter, may belong, at his option, to cause the person or per- sons so oftending to be prosecuted, by information, in His Majesty's Supreme Court, or before two of His Majesty's Jus- tices of the Peace, according to the nature and circumstances of the case, ^nd if the person or persons, on such prosecution in the Supreme Court, shnil, by a verdict of a Jury, be con victed of any or either of the foregoing ofTences, such person or persons shall severally forfeit and pay, for each and every offence, a sum not exceeding twenty pounds, or be liable to close imprisonment lor a term not exceeding the term of three tnonths; and if such prosecution shall be carried on before two of His Majesty's Justices of the Peace the person or persons who, on the oath of one or more credible witnesses, shall be convicted by ^uch Justices, of any or either of the said oHences shall severally forfeit and pay, for each and everv of!ence, the sum of five pounds, and in default of such payment, such of- fender or offenders shall, by such Justice, be committed to Jail, and closely confined for a term of twenty days, or until he, she or they, shall pay and discharge the said penalty of five pounds, together with the cost of prosecution. LXXXVl. And be it further enacted. That if any action shall be brought against any person or persons for any thing done in pursuance of this Act, such action or suit shall be com- menced witlim three months next after the fact committed, and not afterwards; and the defendant or defendants, in any such action or suit, may plead the general issue, and give this Act, and the special matter, in evidence at any trial, to be had thereupon. LXXXVII. And be it further enacted, That so many Sec- tions of this Act as the Governor, Lieutenant-Governor, or Commander m Chief for the time being, shall from time to time, order and appoint, together with the Articles of War, when made and published, shall be read so many times in each year as the Governor, Lieutenant-Governor or Commander in Chief shall direct. LXXXVIIL And be it further enacted, 'J'hat it shall and may be lawful for the Governor, Lieutenant-Governor, or Com- mander in Chief for the time being, from time to time, to com- nussion and appoint proper Officers to inspect and command all the Uegimcntb or Battalions of the Militia throughout the Pro^ vince, or to limit the command and inspection of such Officers to a particular number of Regiments or Battalions, or to the inspection froiecution for any thing Hone in pur- suance of thii Act Antioni Sections of the Act, and Arti- cles of War to be read Appointment of Inspecting Field Officers 30 Voluntaerini in defence of Netr-Brnni- wiok Negro Militia into Fire Engino men exempted from Militia Trainiugg Repeal of all other Militia Laws Continuation of Act Inspection and command of all the Militia in particular dividiom of the Province, or particular Counties or Districts, aa may b« considered most convenient, fit and proper; and aii such Ofit- cers, when so commissioned and published in Qeneral Orders to the Militia, shall be obeyed in all things lawfully by all per- sons who shall be so placed under their respective commands. LXXXIX. And be it further enacted, That it shall and may be lawful for the Lieutenant-Governor, or Commander in Chief for the time being, to accept the voluntary service of any one or more of the embodied Militia m«ft» of this Province, for the defence of the neighbouring Province of N^w Bruns- vyick, against the common Enemy ; and such Militia men, wi'iile serving in the said Province of New Brunswick, shall be subject to, and governed by, the Laws aud Regulations made for the ordering and government of the embodied Militia of this Province, and to none other. XC. And be it further enacted. That all Negro Militia men, or People of Colour, commonly so called, shall be set apart by the Commanding Officer of each and every Regiment or Bat- talion respectively, and formed into District Companies, or Bands of Pioneers, as their numbers may admit, to be com- manded by such trusty non-commissioned Officer of Colour or otherwise, as the said Commanding Officer may appoint ; under which non-commiesioned Officer such Companies, or Bands of Piolieers, shall assemble and train at such times as the Commanding Officer of the Regiment or Battalion shall di- rect, so as that no greater share of Militia Training, or other Militia Duty, be imposed on such Men of Colour, than is or may be authorised by this or any subsequent Acts to be im- posed on other Militia men. XCL And be it further enacted. That all persons enrolled in, and belonging to, the Fire Engine Companies, and Fire Men, of the Town of Halifax, certified by the Captains of such Companies respectively, shall, in consideration of their servi- ces as Engine and Fire Men, be exempt from the perform- ance of Militia Trainings, during the continuance of this Act. XCn. And be it further enacted, That all and every Act and Acts heretofore made and passed relative to the Militia of the Province, together with ail additions to, and amendments and alterations of, the said Acts, shall be, and the sanio are hereby repealed ; and the Militia, raised by virtue of the said former Acts shall be subject to all the provisions and regulati- ons herein contained, in lieu thereof. XCIIL And be it further enacted, That this Act shall be and continue in force for one year from the publication hereof, and from thence to the end of the next Session of the General Aesembly, and no longer. An lardivinioM ai may b« i Buoh Ofll- leral Orders f by ail per- ;ommanda. all and may fimander in service of is Province, iifw Bruns- filitia men, ick, shall be tiono made d Militia of Vfilitia men, set apart by tint or Bat- npanies, or :o be com- ' of Colour ly appoint ; iipanies, or sh times as ion shall di- g, or other than is or to be im- •ns enrolled J, and Fire ains of such their servi- e perform- oi this Act. every Act le Militia of mendments e sanio are of the said nd regulati- ct shall be tion hereof, the General An m. r 31 t^nno Secundo VidoricB. In Act for the better protection of the Province, by providing &n efficient Militia Force. (Passed SOth March, 1839 .) \E it enacted, by the Lieutenant-Governor, Council and — 9 Assembly, that the Act, passed in the first and second cll^vv^ ^' ^ear of the Reign of His late Majesty King George the Fourth, vived. (;",pt IntilJed, An Act to provide for the greater security of this Pro- 27, 82, 83 hnce, by a better regulation of the Militia, and to repeal the ^"^siclaiu- lilitia Laws now in force, except the twenty-seventh, thirty- "^ Bcond, eighty-third, and eighty-fourth Clauses or Sections of lesaid Act, and except so far as the same is, or may be altered or amended by this Act, shall be, and the said Act, and every ttiatter, dause and thing, therein contained, except as before excepted, are hereby revived and continued, and declared to ■e in full force and effect for one year, and no longer. II. And be it further enacted. That when the Captain or ^ Sfficer Commanding any Company of Militia, shall accept of nota'/ndiM f excuse offered by any Man of the Company, for not attend- meeting for * Ig any Company, Regimental, Battalion, or other Meeting or '^ "" luster for Training, or Drill, he shall, if required by the Offi- er Commanding the Regiment, or Battalion to which such ompany belongs, make a report to him in writing, of the na- n^ z.^^*^"®® ^° °^®^^^ ''"^ ''^''^^^^'^^y the said Captain touommandi umcer Commanding the said Company, and upon neglect '^^ Battalion ■ refusal to make such report he shall forfeit and pay Two "?l^o F^"""^ aunds and Ten Shillings. *'*"of£2ioa. III. And be it further enacted. That if any field Officer of pieid officer h Regiment or Battalion, or Captain or Officer Commanding &c negfeetL F V"^nP^"y' ^"^" neglect to attend any Board or Meet- "> attendBoarS Drill Report of ex- cuse to be made by Capt. to Commander of Officers to forfeit £2 lOi. Ig 01 Ulhcers, established and required by the Act hereby re- ufu n^^'""^^ ^"^ amended, or by this Act, when ordered t k ^« '' Commanding the Regiment or Battalion to which ttch Olhcer may belong, without reasonable excuse, to bead- idged by the Board of Officers appointed under the said Act, I under this Act, he shall, for each offence, forfeit and par If sum of Two Pounds Ten Shillings. ^ ' lalin^?n^fe'i^""^''?i"^°.i^?'.'^^'^*^"^°"dst° be taken Bond relating fating to the Arms of the Militia, under the said Act hereby to Arms to "a rived, contmued and amended, shall be lodged with and '''^««inan refuse to deli- ver up Armi, &c. he shall forfeit £6 Fine for refas* ing to peform Duty when appearing to be imposed by the Command- er of the Regi- mam Clerk's Book to be always .ready for Sn- •pection by Of- fieers Persons oeg- iecting to en- rol themselves liable to Fines and Forfei- tures Militia men on Duty entitled 10 have a pas- sage /icroBs a Licensed Fer- ty exempt irom charge order, a receipt for the same, which receipt shall cancel and discharge the said Bond, and in case any Militia man shall re- fuse to deliver up such Arms and Accoutrements as he may have received, upon the tender of such receipt made to him, he shall forfeit and pay the sum of Five Pounds. V. And be it further enacted, That the Fine to be imposed upon every enrolled Militia man appearing on Parade, who shall refuse or neglect to perform Militia Duty, or shall depart from his Company, without leave from the Commanding Offi- cer of the Regiment, Battalion or Company, to which he shall belong, under the twenty-eighth Section of the said Act here- by revived, continued and amended, shall be imposed by the Commanding Officer of the Regiment, Battalion, or Detach- ment thereof, then present on Parade, instead of by the Com- manding Officer of the Company, as enacted by the said Secti- on. VI. And be it further enacted, That the Book mentioned in the second Clause or Section of the said Act hereby revived, continued and amended, and thereby directed to be kept by the Clerk of each Company of Militia, for the Registry of the Names of the Men belonging to such Company, shall be ready at all times, as well for the Inspection of the Command- ing Officer of the Regiment or^Battalion to which such Com- pany belongs, as for the Inspection of le Commanding Officer, and other Officers of such Company. VII. And be it further enacted, That in all cases, hereafter, where any person liable by Law, to be enrolled for Militia Du- ty, within any County, Town or place, in this Province, shall neglect to enrol himself, or cause himself to be enrolled in some Company, agreeably to the said Act hereby revived, continued and amended, and shall be absent from any Militia Muster or Training, which such person ought to have attended, and, had his name been enrolled, would have been summoned to attend, such person shall be liable not only to the Fines and Forfei- tures by the said Act imposed on any person so neglecting to , enrol or cause himself to be enrolled in some Company of Mi- litia, but shall also, over and above such Fines and Forfeitures, be liable to all Fines and Forfeitures by the said Act or by this Act imposed on any Militia man for non-attendance at every Militia Muster or Training from which such person may have been so absent as aforesaid, as if such person had received due notice of such Muster or Training. VIII. And be it further enacted, That whenever it shall or may be necessary for any person or persons in going and re- turning to and from his or their place or places of abode, fori the purpose of attending any Militia Muster or Training, or any! other Militia Duty, to cross any Ferry, where there shall be al Lioenstd Ferryman, such person or persona shall be entitled! to,| ■If halt cancel and i man shall re- nts as he may t made to him, is. i to be imposed 1 Parade, who , or shall depart mmanding Offi- which he shall said Act here- m posed by the ion, or Detach- of by the Com- y the said Secti- )k mentioned in Dereby revived, to be kept by he Registry of npany, shall be ^the Comntand- lich such Com- iiaading Ofiicer, cases, hereafter, d for Militia Du- Province, shall ; enrolled in some , ived, continued [ilitia Muster or snded, and, had noued to attend, les and Forfei- o neglecting to iompany of Mi- and Forfeitures, id Act or by this lance at every Tson may have ad received due never it shall or n going and re- s of abode, fori Training, or anyj there shall be al tiall be entitled! to,| 33 to, and have, a passage across such Ferry, in the Boat or Boats there usually plying, free and exempt of and from all cost, charge or expense, whatsoever. And whereas, from the recent occurrences on the frontier of the Province of New-Brunswick, it has become necessary to provide for the embodying, and actual service, of a portion of the Militia, as emergency may require : IX. Be it therefore enacted, That, at any time, and as often as the Governor, Lieutenant-Governor, or Commander in Chief for the time being, shall appoint and orler any Colonel or Officer commanding any Regiment or Battalion of Militia or Company of Artillery, or Troop of Cavalry, formed or to be formed in this Province, to whom any order for that purpose shall be made, and transmitted by the Governor, Lieutenant- Governor or Commander in Chief for the time being, shall cai^se a full and accurate enrolment of such Regiment, Batta- I lion, Troop or Company, to be prepared, and have the same divided into classes, and lists or rosters made of the men enrol- j led, as provided and enacted by the fifty-sixth and fifty-seventh j Clauses or Sections of the said Act hereby revived, continued I and amended. X. And be it further enacted. That upon any emergency , arising, whether from invasion or attack made or threatened upon this Province, or upon the Province of New-Brunswick or upon danger of such invasion or attack upon this Province' or the Province of New-Brunswick, it shall be deemed ne- Icessary to call into actual service, and embody, any portion of [the xMilitia of this Province, it shall and may be lawful for the iGovernor, Lieutenant-Governor, or Commander in Chief for Ithe time being, to order and direct the Colonel or Officer com- Imanding any Regiment or Battalion of such Militia to furnish I two hundred men for every six hundred men of the first class, |or in the like proportion for any greater or less number of men ' of the first class of which such Regiment or Battalion shall or may be composed— such men to be furnished either from the Drafts of such Regiment or Battalion, agreeably to the fifty- ninth Section of the said Act hereby revived, continued and amended, or by such men of the first class who may volunteer |from such Regiment or Battalion. , XL And be it further enacted, That it shall and may be ^[lawful for the Governor, Lieutenant-Governor, or Commander m Chief for the time being, to select and appoint from, and out of, the Regiment or Battalion to which the same may belong, as he shall judge necessary, a Captain or Captains and Subal- perns, as Officers tc command each draft or body of Men so furnished; and also to form any number of such Bodies fur- Mshed by several and different Regiments or Battalions, or any anions thereof which may be called out into one Regi- ment Preambio Colonel of any Re|iment of Militia if re- quired by the Governor sbalF cause an en- rolment of such Regiment to be prepared Upon any emergency from invasion of Province to direct the Commander of any Regiment of Miiitia to furnish 200 aaen for every 60a of which the Regiment is composed Gov.empower- ed to apppoint Ollioers to command each Draft of men so furnished &. to form the Drafts into Regiments or Battalions & t« appoint Staff Omceri 34 Militia in actu- al Service to be subject to regulation & penal tiea Governor to order drafts to be made from 80 many Regi- ments as he may judge meet The ability &, fitness of every man to per- form bis duty in actual ser- vice to be ai- certained If unfit for du- ty to be dis- charged If the man so discharged be a substitute another to be furnished, if not another to be drafted Governor au- thorized to di- rect draflhi to be drilled without calling them into ac- tual Service ment or Battalion for actual service, and to appoint from any such Regiment or Battalion, or otherwise, as he may deem fit, Field and Staff Officers, and an Adjutant for the same, and to order every body of men so furnished, or portion thereof, cal- Jed out and required, into Barracks or Camp, and to adopt such measures to render the same efficient for actual service as he may deem necessary. XII. And be it further enacted, That when so called into actual service, all such Bodies of Militia men, or portions there- of, so called, shall be subject and liab j to the same penalties, and to all the regulations and enactments made in the said Act hereinbefore revived, continued and amended, for the govern- ment, control, and discipline of Militia, who might be called into actual or real service under the said Act. XIII. And be it further enacted, That it shall and may be lawful for the Governor, Lieutenant-Governor or Commander in Chief for the time being, to order and direct such Drafts to be made, and such Bodies of Men, or such portions thereof, to be furnished by such and so many Regiments and Battalions of Militia, and from time to time, or at one time, as he may judge meet and expedient. XIV. And be it further enacted, That, upon calling out any Body of Militia into actual service, it shall and may be lawful for the Governor, Lieutenant-Governor or Commander in Chief for the time being, to direct the necessary messures to be adopted for ascertaining the ability and fitness of every Man composing such Body of Militia, to perform his duty on actual service, and if any Man shall be found unable, from bo- dily incapacity, to perform his duty on actual service, such Man shall be discharged, and the Officer Commanding the Re- giment or Battalion by which such Man shall have been fur- nished, shall be directed to provide another Man in liis place, if such Man so discharged be a substitute, by directing the person for whom such Man shall have been substituted, to fur- nish another substitute, under the penalty by the said Act im- posed, for neglecting or refusing to go into actual service, or find a substitute, or, if the Man have been originally drafted from the Regiment or Battalion, to take another Man from the draft of such Regiment or Battalion, being the next Man standing for actual service in the Company from which the Man so discharged shall have been drafted, who shall go or find a substitute, under the same penalty by the said Act impos- ed, for neglect or refusal so to do. XV. And be it further enacted. That it shall and maybe lawful for the Governor, Lieutenant-Governor or Commander in Chief for the tinn being, to direct and order any such Bo- dies or Drafts of Me i to be selected, and the names returned to him, and to direct and order such Bodies or Drafts to be Drilled oint from any ; may deem fit, e same, and tu n thereof, cal- i to adopt such service as he 80 called into portions there- am e penalties, in the said Act "or the govern- t be called into !1 and may be Dr Commander such Drafts to ons thereof, to id Battalions of s he may judge )n calling out and may be p Commander lary measures less o{ every I his duty on able, from bo- service, such inding the Re- ave been fur- i in his place, directing the tituted, to fur- e said Act im- lal service, or inally drafted Man from the he next Man in which the o shall go or aidActimpos- and may be ' Commander any such Do- mes returned Drafts to be Drilled ^ 35 Drilled and Disciplined, without calling such Men into actual service, and to select and appoint Oflicers to Command them and to direct such measures to be adopted, and to make such orders, rules and regulations, for that purpose, as may be ne- cessary, by Drilling such Men in Squads, Companies or other- wise. 1 rovided always, that the whole number of days' Drill shall not exceed fifteen in any one year ; and provided also, that no Milina man shall be required to attend Drill at any bquad Drill for more than three hours in one day, nor to tra- vel more than four miles from his own home, to attend any such Squad Drill, nor to attend any Company meeting for Drill, more than four hours in one day, nor to travel more than twelve miles from his own home, to attend such Company meeting. ^ ^ I ^7h ^"? ^% " ^"''*''®'* enacted, That it shall and may be • ^u- 7r t"t Governor, Lieutenant-Governor, or Commander ^l tV Ml- *" ^^ ^'"™^ ^^^"^' ^" "^^^^ """'es and regulations for the Drilling and disciplining the remainder of the Militia, be- sides such Drafts, if he shall deem it necessary and proper so to do; provided that the number of days' drill prescribed by such rules and regulations shall not exceed three days in any one year. •' XVII. And be it further enacted, That if any xMilitia man, being duly notified, shall neglect to attend at any Squad meet- ing, without sufficient excuse, to be judged of by the Command, 'u^.rr^.^'i^^ . ^°'"P^"y'®v«^y Militia man so ofTendinff, shall forfeit and pay for every such oflence, a fine not exceed- ing len bhilhngs ; and for each and every refusal or neglect to attend at any Company or Regimental or Battalion Meetinff. such fines as are now imposed by the Act hereby revived, con- tinued and amended. . . ^^'"; And be it further enacted. That it shall and may be lawful for the Lieutenant Colonel or Officer Commanding eaeh Kegiment or Battalion, from time to time, as occasion may require, tofbrm a Board of Officers of such Regiment or Bat- talion, consisting of one Field Officer and two Captains, or of three Captams, or of two Captains and three Subalterns, or of one Captain and four Subalterns, for the purpose of hearinsr iuid determimng all appeals which shall be made by any Mill- tia nrian, as directed by the thirtieth Clause or Section of the Act hereby revived, continued and amended. XIX. And be it further enacted. That the said Board shall have power to remit c- discharge any Fine, only on proof of Hckness of the man fined, or of sickness in his family, requir- «ng his personal attendance, or of unavoidable accident, ven- lering It impossible for him to reach the place of Muster or raining, or the sudden occurrence of ui-gent business, the neg- ^ctofwhich would have proved of serious injury to the af- faire Officers Whole num- ber of days drill not to ex- ceed fifteen days in one year Governor to make rules for drilling the Mi- litia gonerally Number of day's drill not to exceed 3 days Fine for not at- tending Squad Meeting Board of Offi- cers Power to re- mit fines Excoae* 36 29th & 80th Sections of the Act revived shall apply to Fines Appeal Notice of ap- peal Notice to be given by Clerit of Company to person appeal- ing of time & place of meet- ing of Board Notices Fines imposed for non-attend- ance to be re- eovered before one Justice ot' the Peace in tb« name of the Command- er of the Com- pany The Clerk of the Company a competent witness fairs of such Man, and which could not have been postponed to another time, and ail 5uch fines which shall be confirmed by the said Board, or a majority thereof, shall be certified by said Board, in a Schedule to be signed by the President of said Board. XX. And be it further enacted. That the twenty-ninth and thirtieth Sections of the said Act hereby revived, continued and amended, shall apply to all Fines for non-attendance at Musters or Trainings imposed by this Act. XXI. And be it further enacted. That in all cases of ap- peal to a Board of Officers as hereinbefore mentioned, the no- tice of such appeal directed by the said thirtieth Section of the said Act hereby revive' ^ r-uiputd and amended, shall be given in writing, and s'. ■ .• lid before the Board of Officers at their Meeting, and no « ^ ... shall be by said Board consi- dered, unless such notice Oi the same shall have been so giv- en in writing, and notice of the time and place of meeting of the said Board, shall be given by the Clerk of the Company, to any Militia man who shall have given notice of such appeal. XXII. Provided always, and be it further enacted. That if, when notice ol the imposition of the fine or fines shall be given as required by the twenty-ninth Section of the said Act hereby revived, continued and amended, a Board of Officers for hear- irg appeals shall or may have been appointed ; and such no- tice shall be in writing, and in addition to the notice of the im- position of the fine or fines, shall also contain a notice that a Board of Officers has been appointed, and will meet at some certain time, not to be less than four days after service of such notice, and at some certain place— such time and place to be respectively mentioned in such notice for hearing appeals, then no further notice shall be requisite either from the man desir- ing to appeal or from the Clerk of the Company, but at the time and place appointed, any man receiving such notice may, and if he desires to appeal, is hereby required to attend, and shall be entitled to have his appeal heard and determined ; and the said Board shall proceed in the same mpnner, as if such man had given the notice of appeal before mentioned. XXIII. And be it further enacted, That all fines imposed on any Militia man by this Act, or by the Act hereby continu- ed, revived and amended, for non-attendance at any Muster or Training .vhatsoever, shall be recovered before any ono of Her Majesty's Justices of the Peace, not being an Officer of the Company to which such Militia man belongs, and not having sat on any Board of appeal, who shall have determined on the Fine or Fines for which the action shall be brought, in the name of the Commanding Officer of such Company, by an action, as if the same were a debt due to such Commanding Of- ficer, in which action the Clerk of the Company may be, and is hereby 37 hereby declared to be, a competent Witness, and such Justice shall have no power to remit any such fine or fines, but on prool that the said Militia man had notice of the imposition of such fine or fines, or such notice as in the last preceding sec- tion mentioned, and that no appeal was made, or that the Board of Officers have not relieved the said Militia man on appeal shall give judgment for the amount of the said fine or fines, v'lth costs, and issue execution as in cases of uebt. Pro- vided always, that if any Militia man shall be committed under such execution to Jail, and shall apply for relief under any Act or Acts for tlie relief of Insolvent Debtors, such Militiaman, 11 lound entitled to his discharge under such Act or Acts shall not be immediately discharged, but shall be remanded, and shall suHer two days imprisonment for every Five Shillinirs of the amount of such Fine or Fines. I .X^'V. Andbeit further enacted That, if any non-com. nnssjoned Officer or Private in any Regiment, Battalion, Com- pany or Squad of Militia, shall be guilty of disobedience of or- ders, drunkenness, contemptuous or insulting behaviour to 1 any Officer or Officers while engaged in Militia dity of any [kind, or on any occasion whatsoever, the Commanding Officer [then present shall apprehend, or cause to be apprehended jsuch non-commissioned Officer or Private, and commit him to IJail, for the time and in the manner prescribed by the forty jfirst Clause or Section ofthe said Act hereby revived, continu- led and amended ; and any Sheriff or Jailor, on neglect or re- Musal to rece ; such offender into his custody, and any Ser- ieant. Corporal or Private, on neglect or refusal to escort such Mender to Jail, shall be liable to the like pains, penalties and forfeitures, to which they are now severally liable for the like ^ffence, under the said forty-first Clause or Section of the said XXV. And be it further enacted, That each and every < -A A "*u"' ^"'^ enrolled according to the provisions of the said Act hereby revived, continued and amended, and who shall have received notice of, or have been required to attend my Mihtia Muster or Training, shall be wholly free and ex- empt from arrest under and by virtue of any civil process, dur- ing the days on which such Muster or Training shall take pace; provided he shall attend the same, or shall be proceed- ing from his place of residence towards the place of such Mus- ter or 1 raining, for the purpose of such attendance, or return- rig therefrom; and every such arrest, if made, is hereby de- Wared to be who.'iy void, and every SherifTor other Officer, ac- luaHy making such arrest, shall be subject and liable to an action ^''^v?^^/ ®A^^^ ^^'* °^^^® P"*y wh^ shall be so arrested. AA VI. And be it further enacted, That whenever any Re- pment, Battalion, Detachment, Company or Squad, of Militia men, Judgement to be given for the amount of the fine with cotti If non-com- miaaioned offi- cer or private be guilty of im- proper conduct while on duty he ia to be ap- prehended & committed to jail Any Sergeant, &c. neglecting to escort oiTen- der to jail shall be liable to penaltiei Militia men while on duty to be free from arrett When Militia meet on duty the Command* m ■W'': ■ mth^^ -^ ;f ing Officer to direct them to re-asgemble at another day to be named by him Fines not ex- ceeding £3 to be sued before any one Jus- tice of the Peace When exceed- ing 48 before two Jnaticea from a Militia man in the name of the Commander of the Company The Clerk a competent witness When recover- able from an Officer in the name of the Adjutant No Justice of the Peace to receive any fee, &c. for Service under this Act No prosecuti- on to be brought under this Act afler 3 months Process for the recovery of finns m«^y be amended Parsons ex- empted from training when Drafts ordered (Vom Drill 3» men, shall be met at Muster or Training for Drill, it shall and may be lawful for the Commanding Officer then present, to or- der and direct such Regiment, Battalion, Detachment, Com- pany or Squad, to re-assemble on any other day then to be named by him, and on which day such Regiment, Battalion, Detachment, Company or Squad, may be compellable by Law to assemble, and such order and direction shall be deemed good and sufficient notice to every Militia man who shall have been duly notified of the first day's Muster or Training. XXyij. And be it further enacted. That all fines imposed by this Act, or by the Act hereby revived, continued and a- mended, the mode of recovering wliich is not otherwise di- rected or prescribed by this Act, or the said Act hereby reviv- ed, continued and amended, when not exceeding Three Pounds, shall be sued for, and recovered by information or Suit, before any one Justice of the Peace, and when exceeding Three Pounds, before any Two Justices of the Peace, if recoverable from any Militia man in the name of the Officer Commanding the Company to which such Militia man belongs, and in which information or suit the Clerk of the (^ompany shall be, and he 18 hereby declared to be, a competent witness, and if recover- able from any Officer in the name of the Adjutant of the Regi- ment or Battalion to which such Officer belongs, and upon due conviction, the amount of the fine or fines, with costs, shall be levied by warrant of distress on the Goods or Chat- ties of the party offending, or if he have not Goods and Chat- ties to satisfy such warrant, he shall be committed to Jail for such specific time as hereinbefore, or in and by the said Act shall or may be prescribed and directed, or if no specific time be so prescribed, then for two days for every Five Shillings of the amount of such fine or fines. XXVIII. And be it further enacted, That no Justice of flie Peace shall hereafter take, have, or demand or receive, any fee, charge or reward, whatsoever, for any service done and performed by him in that capacity, under and by virtue of any of the provisions of this Act, or the Acl hereby revived, con- tinned and amended. XXIX. And be it further enacted, That no person or persons shall be prosecuted by virtue of any Clause of this Act, or of the Act hereby revived, continued and amended, for any breach thereof, after the expiration of three months from the commission of the oflTence. XXX. And be it further enacted, That any writ or process for the recovery or enforcing of any fine or fines, may be amended in any particular, until final judgment rendered. XXXI. And be it farther enacted. That when any draft op body of Men shall, by the Governor, Lieutenant-Governor, or Commander in Chief, be ordered for drill, none of the persons exempted 39 exempted from Trai ung or Muster under the fortieth section of the Act hereby re /ived, continued and amended, shall hoBo exempted, excepting only the Members of the Executive Coun- cil, the Chief Justice and Justices of the Supreme Court the Secretary of the Province, the Treasurer of the Province, the Officers o< Her Majesty's Customs, and of the Colonial Reve- nue, Post Masters and Mail Carriers, and such Clerks, Officers, Servants, and other persons actually employed in the CivH and Military Departments of the Army and Navy, as the Go- vernor, Lieutenant-Governor, or Commander in Chief for the time being may specially exempt; and every Licensed Ferry- man, and persons commonly called Quakers, and duly certified as such, and all other persons liable to be drafted as aforesaid, except those above exempted, and also except the Master of the Rolls, the Judge of the Court of Vice Admiralty, the seve- ral First Justices and Presidents of Sessions, ibr the Island of Cape-Breton, and for the Eastern, '.Vestern and Middle Divi- sions of this Province; and every regularly Licensed Jeacher actually employed in Teaching School, who are hereby ex- enipted from Drill or Muster by themselves or their sutfioient substitutes, shall be liable to perform such Drill or other ser- vices as may be required under this Act, from all such Drafts or bodies of Men as may be furnished or ordered for Drill or other service as herein directed. XXXII. And be it further enacted, That no established or Li- censed Clergymen, nor any Ordained Minister of the Gospel shall be liable to any of the provisions of this Act. ^^^- ^}^^^' '* '""y ^^ difficult in some places to procure one tield Officer and two Captains to compose a Board of Of- ficers as directed by the Forty-ninth Seciion of the said \ct hereby revived, continued and amended : XXXIIL Be it therefore enacted, that it shall and mav be law- ful on complaint of any Militia man as mentioned in 'the said lorty-ninth Clause or Section of the said Act herein first menti- oned, for the Colonel or other Field Officer therein mentioned, toappmnta Board of two Captains and three Subalterns, or P-^i J'^Pi^'"' ^"f^ '"''"'' ^''''^'^^'■"s. instead of a Board of one JieldOfficerandtwoCaptains, if he shall see fit, who shall have the like power and authority as by the said forty-ninth Clause or Section of the said Act is granted to the Board of one Field Officer and two Captains. XXXIV. And be it further enacted, that when any such Urafts or Bodies of Men, or portions thereof, as hereinbefore mentioned, shall be ordered into actual serviga^nd be embo- died, It shall and may be lawfulfAii^ofveZois Lieutenant- Governor or Commander mChief^Pihitime being, to order anddirect such Bodies or Drafts oT Militia to be marched from one part of the Province to anoth^, 9s, the emergency of the •/f ,1 service '9 -IS Clergymen not liable to the provisiong of this Act Preamble Board otOffi- cer8 ■ , Drafts when on actual service may be march- ed from one part of the Province to the other and beyond the frontier if they volunteer ::<&, The Com- rainder of a Troop of Ca- valry or Com- pany of Artil- lery to furnish a Draft Volonteeri of Flank Compa- nies Officers, &c. Not more than 8000 men to be embodied unless in case ofinrasion Preamble Additional pay for non-com- missioned Of- ficersiPrivates, &c. 40 aervice iimy f'miri time to lime require, and to the frontier of the Province, mid nil -*nvU inen as may volunteer for that pur- pose beyond such I'rnnlier. XXXy And bo it Ctirther enacted, That it shall and maybe Inwdi! lor the Governor, Lienicnant-Governor or Commander in Chioflorthe time bcinj?, kj cull upon any Officer Command- ing any Troop of Cavalry or Conipnuy ol Artillery, to furnish a Draft (romsuch Troop or Company, in manner as hereinbefore directed. XXXVI. And be it further enacted, Thatit shall aiul maybe lawful for the Governor, Lieutenant-Governor or Commander in Chief for the time being, to accept the services of such and 80 many of the Companies of Volunteers or Flank Companies, which shall or may have been or may be formed in this Pro- vince, as may be willing to volunteer, and shall offer them- selves for actual service in case any Militia shall be required for actual service, and to organise and embody such Volunteer or Flank Companies into a Regiment or Battalion, with Field Officers, Adjutant and Slafi', as may be requisite, or to attach any such Company to any other Regiment or Battalion. Pro- vided such Volunteer Companies shall offer themselves for ac- tual service, as well in this Province, as in any part of the Pro- vince of New Brunswick in which they may be required to serve ; and provided also, that when any such Volunteer or Flank Company shall not so offer its services as aforesaid, no- thing herein contained shall extend, or be construed to extend to excuse any such Volunteer or Flank Compnny from furnish- ing a Draft according to Law; but such Volunteer or Flank Company shall be required to furnish its draft in the same manner as any other Company of, or attached to, any Regi- ment or Battalion of Militia, shall be required and comoelled to do. ^ XXXVII. Provided always, and be it further enacted. That not more than Eight Thousand Men shall at any one time be called into, and be embodied for, actual service under this Act, unless in case of an actual or threatened invasion of this Province, by a Foreign Enemy. And whereas, Her Majesty's Government has intimated its intention to provide for any portion of the Militia of this Pro- vince, which may be called into actual service, such and the same pay and allowances as may be given and made to Her M^esty's Troops, out of the Military Chest. XXXVIII. Be it therefore enacted, That in addition to such pay and allowances, every non-commissioned Officer, Private Soldier, Trumpeter, Drummer, Piper, Bugler, and Fifer, shall be entitled to, and shall receive so much additional pay from and out of the Treasury of this Province, as will make the pay of every Sargeant Two Shilings Currency; of every Corporal, Trumpeter, 'Xisit-\ 41 Tfumpeter, Piper, Bugler, Drummnr or Flfpr, One Shill jn|^ and Six Pence, Currency, and of every Priviite Mnn, One Shil- ling and three pence Currenny ; por dny, clear of the i(«ual deduction for the Bread and Meat Ration ; and to every Sar- geant, Corporal, Bombardier and Gunner, of Artillery, such ad- ditional Pay, as will make the whole Pay, lor every Siirpeant, Two Shillings and Six Pence, Currency ; for every Corporal, Two Shillings and Four Pence, Currency ; for every Bom- bardier, Two Shillings, Currency; and for every Gunner, One Shilling and Six Pence, Currency, per day, clear of the de- duction for the Bread and Meat Ration, as aforesaid. XXA'IX. And be it further enacted, That every Militia man shall, when called into actual service, supply hiujself with such necessaries as may be directed by the Governor, Lieutenant- Governor, or Commander in Chief for the time being, and shall appear with such necessaries at the Barrack or Camp where he shall be ordered, and, if upon the Certificate of the Officer commanding the Company from which such Militia man shall be drafted, approved by the Officer commanding the Regiment OP Battalion to which such Company belongs, it shall appear that any Militia man is too poor, or from other causes, not en- abled to supply himself with such necessaries, it shall and may be lawful for the Officer appointed by the Governor, Lieuten- ant-Governor, or Commander in Chief, for the time being, lor that purpose, to supply such Militia Man, at public cost, with the Necessaries required, not exceeding in value Fifty Shil- lings, and to order and direct such Militia Man to be put un- der such moderate stoppages of Pay as may suffice to re- imburse the outlay. XL. And be it/urther enacted. That for all Arms, Accoutre- ments or Articles whatsoever, delivered to any commanding Officer of any Regiment or Battalion ol Militia, or Troop of Cavalry, or Company of Artillery, for the use of such Regi- ment, Battalion, Troop or Company, such commanding Offi- cer shall give to the Quarter Master General of Militia his receipt, and shall be responsible and accountable for the same. XLI. And be it further enacted. That in case of the lofis of any Officer, Non-commissioned Officer, or of any Rank and File, of the Militia, when on actual Service, provision shall be made from and out of the Funds and Treasury of the Province, for the Widows and Families of any such Officer, Non-commissioned Officer or Militia^ Man, who may fall in actual Service. XLIL And be it further enacted. That instead of the Com- pensation allowed to every Adjutant, by the forty second Clause of the said Act, hereby revived, continued and a- mended, every such Adjutant, unless ordered on actuol ser- vice, Militia moa when in ;ictnal service to np- ply himself with such ne- cossarina as may bo direct- ed by the Go- vernor IfMilitia men too poor to supply himself to be supplied with necessa- ries at the pub- lic expense & put under stoppages For all Aritai, fitc.'delivered to the Com-' mander of any Regiment to give his re- ceipt & shall be responsible for them In case of loss of any Officer, non-commissi- oned Officer, or of any ttiA i.,id file when on actual ser- vice provisiOil out of the funds of the Province to be made for his family t■■^ f AUowiBo* to idjuiaot Adjucant Qfl. aeral and Quarter Mo*- ter f^xiimpted ftiim Mrring on a jury JR'inef how to bo approprial- «d ■Act I. Vict, re P«ated Governor en- abled to dia- penie .with Training Thia Act may be amended in •be preaent Seaaion Thjg Aet to continije one year 4» 8hfiHii«r»ner darker .ach a *dev«k" •*""" ''"«***»• "^^^ 1». .employed in'lU performance o?K?7^ '!*''''''" ^e .otuat Adu'tant, not on actual Service kh«^l n » "* ^'^ ""^ ""^ii Potinds in any one Year tohn nnn T .?''''<'«*' ^'''tcen :ffli^iA!ttEsss^^^^^^ Act, or the Act herX rS Zfin "i!^ ''^ ^"''"'^ "' ^^is not otherwise approprfatedTy th^ n T^ and amended, and ter deducting one-fourth allowprfh^ ?k *''° ''."'.*^ '^^'' «^""' af- Act, for the trouble of coS^^^^ ""^ ^''^ "^'^ hands of the Quarter M^er of 1*1%^"'^°' ^^ P"'^^ ^"to the to be applied under the orclernnH^ Regiment or BRttalio.i, commanding such ReLimentn. Zu ?"'''!-'^" ,"^ ^*^^ ^^ce expenses ofthe said ISent or B?t '«?' ^"'' defraying 8„ch site. »^egiment or Battalion as may be requi- 10 revive,ndconlinuetheAM?L Keigu, cnlilicd, An Act period or pWiJdsJf time a^he7^nv^?'^^^^^^ ^^'' «"«h any one or more TraS^ onl/^^ *^"J'' ^'' ^^ 'J'spense with by'the Act hereby contlLedrr^^. *^' ^^'^ '•^^"i'"^^ days Training to one or Sn J? '^^''"^^ such number of Meeting, anTaiso ?o susDend'^^J'^ flT""'^ ^"^ any Militia or ofthe Ac? he?eby "e^^^^^^^ °^ *^^ provisions of this Act, also to dispenses treoerLr'^'^r «°^ «'n««cled, and or enactments w he mavrond?^"^^ of any such provisions which shall or marbe dL'eS ±" '"2^"' ^"^ ^/ P^*^'®"*' «n^iiig such be requi- ied in the An Act a of the contain- That if the Go- ', for the or such ise with •equired nber of Militia his Act, ed, and ^visions !nt, and sireum- y bea- U Sea* 'A I klidOBf