IMAGE EVALUATION TEST TARGET (MT-3) // 1.0 I.I ■- IIIIM |50 '""^= •^ illM 2.0 1.8 1.25 1.4 1.6 < 6" - ► Photographic Sdences Corporation •'^ iV ki>^. dnicl lOtli Fe1>rii.ir\ H'U. roR Copies or Extracts of Corke?i'oxdexck between IIkk Majj^tv's (Iuveunmkst and the Governok (jKxkkal of Canada in referonec to the Militia IJn,i.s proposed and passed in the Canadian Parhament. I {The Earl of Carnarvon.) I ( a ) Copies (»r Kxtbacts of Corrksi'oxdexck between IIku M.uksty'!* (m>vkrxm>lnt ami tlie GoVKKNOK (iKXEKAh of Caxapa ill refiTeiu'e to the Mii.itia Hills pro posed and passed in tlic Canadian Parliament. tt^) No. 1. Copv of a DESPATCH from Governor-Generdi Viscount Monck to his Grace tlie Duke of Newcastle, K.G. (No. 92.) Quebec, May 80, 1862. .. . -^ (Uecsived 12 June 1862.) My Lord Duke, (AnHwercd, No. 133, 2.j Juno 1»62, page 39.) I HAVE the honour to inform your Grace tliat in tlic Lcf^ihiative Assembly, on Tuesday the 20th May, the Honourable Attorney General Cartier moved : — " That the *' Bill (No. 7^) respecting the militia be now read a second time;" and the question being put on the said motion, th^ house divided, and it was negatived by a majority of seven, the members being — yeas, 51 ; nays, Gl. In consequence of this vote, Mr. Cartier, on the part of himself and his colleagues, tendered his resignation on the following day. I accepted it, and sent for the Honourable John Sandfield McDonal'J, member for Cornwall, to whom I entrusted the formation of a new administration. On Friday the 23d, Mr. McDonald submitted to me the names of the gentlemen whom he proposed as members of the new Kxecutive Council. I approved of them, and accordingly made the following appointments, viz.: — The Honourable John Sandfield McDonald to be Attorney-General for Upper Canada. The Honourable Louis Victor Sicotte .Attorney-General for Lower Canada. The Honourable James Morris to be Receiver-General. The Honourable Antoine Aime Dorion, Provincial Secretary. The Honourable Michael Hamilton Foley, Postmaster-General. The Honourable Wm. McDougall, Commissioner of Crown Lands. The Honourable Wm. Pearce Howland, Minister of Finance. The Honourable Ulric Joseph Tessier, Commissioner of Public Works. The Honourable Thomas D'Arcy McGee, President of the Executive Council. The Honourable Francois Evanturel, Minister of Agriculture and Statistics. The Honourable Adam Wilson, Solicitor-General for Upper Canada. The Honourable John Caldwell Abbott, Solicitor-General for Lower Canada. These gentlemen were also appointed members of the Executive Council. Copies of the commissions will be forwarded to your Grace by the following mail. I have, &c. His Grace the Duke of Newcastle, K.G. (Signed) MOXCK. &c. &c. &c. y<>. I i No. 2. Extract of a DESPATCH from Governor-General Viscount Monck to His Grace the Duke of Newcastle, K.G., dated Quebec, June 10. 1862. (No. 96.) (Received 26 June 1862.) I HAVE the honour to acknowledge your^ Grace's Despatch, No. 119, of May 22d, covering a letter of Lord de Grey, dated May 10th, in which his Lordship (10.) A 2 desired No. 2. wV^ f • 1 l! .; ■? 1 » j Kncl. 1. Kocl. a. End. .1. Kncl. 4. ii ( 4 ) desired to be iiiformt-d wlietlicr the carbines and saddlery provided for the Cavalry Mihtia of Canada shouM bo forwarded to that country. I might have answered thi.s qiie.stinn by the la»t mail, but I preferred postponing my reply until after the termination of the session of the Provincial Parliament in order that I might, in laying before your (Jrace my views on the whole cpiestion of the supply or military stores to iliiT colo'nv, have the advantage of knowing the changes wliii.h the legislature of Canada might Iiave made in the Militia Law of the Province. I have the honour to enclose for your (irace's information a copy of the Act for that purpose, to which I yesterday signified Her Majesty's assent. I also enclose a ropy of the Act, of which this Act is an amendment. Your (iracc will ob-servc that substantially the amendments consist of provisions. 1st. For securing more correct muster rolls of the sedentary militia, (the whole male population of the Province between l.S and CO years of age.) 2nd. For increasing the nundier of the active force from .5,000 to 10,000 men, and the lunnber of days drill in the year from 6 to IQ. .'Jrd. For enabling the Governor-General in the event of war to enlist regiments independent of the militia for the purpo.ses of the war. 4th. Empowering tlie formation of drill associations amongst persons not belonging to the active force. I have also the lionotn- to cnclo.sc a copy of the report of the commission on militia affairs appointed early in last spring, and of the bill founded on that report, which was rejected on its second reading by the legislative as.sembly. The requisitions which I have made to your (Jr.tce for clothing were based on tije force which that bill, if it bad become law, would liave*called into existence. The legislature has refused to recognise the present necessity for the military organization of the people of the Province to so large an extent as was contemplated by this Bill, but it has left untouched the powers which the old Militia Law conferred on the Governor-General (clause Ol.) to " call out the militia or any part thereof, when- " ever in his opinion it is advisable so to do by reason of war, invasion, or insurrection " or imminent danger of any of them." The Militia Commission, which numbered amongst its members military officers and civilians intimately acquainted with this Province, laid it down as their opinion (par. 8.), that to provide an efficient force for the defence of the country, an active force of 50,000 men, with a reserve of the same number ought to be provided. This statement affords an index to the number of militiamen whom it would be my duty to call out in case the Province should unhappily become the seat of war. It is true that in consequence of the failure of the Bill referred to, the men, when called out, will not be so efficient as we might have expected them to prove if they had been organized under its provisions, but still, with the exception of the 10,000 volunteers sanctioned by the new Act, they would be the only contribution which the Province would, under the law as it now stands, have it in its power to make towards its defence. While I do not question the right of the Provincial Parliament to act as they have done in providing, in my judgment, so scantily for the defence of their territory, and while I am ready to admit that events may prove that in taking this course the repre- sentatives of the people in this Province are acting with sounder judgment than if they adopted a different line of conduct, I am on the other hand very anxious that should their views unhappily prove erroneous, I may be in a position to make the most efficient use of the means placed at my disposal. It is with this object that I would earnestly press upon your Grace the propriety of largely augmenting, during the present navigation season, the supply of arms and ammunition in store in Canada, and of forwarding the other articles for which I have applied, cavalry equipments included, not for immediate issue to the militia force of the Province, but to meet the demand which must arise if the necessity for calling out the militia should ever unhappily occur. i,'''f the I.oj{i»lntivo Counoil iiml A«f>cinbly of ('niiii;e and upwarclei, hut under forly-fivc years, — and the Ueservc Men shall be ih<»e of forty live years of nge and upwards, but under'aixty years. 2-J Viet. (1H59) c. 18, x. 2. ">. In time of peace, no actual service or drill shall be required of the sedeulary niilitiii, hut they f\m\\ be carefully enrolled from time to time ; — and the s<'rvice men not exempted from mu:i,itleil it)to U'r,ii'i- iiu.fi IIUTI. In tiitu' of i.irv iiiiliiJA to I.. . r,rulU..I. ^rr\ icf inpn lo I)'' nuHtrri'il iinriuallv, aiij Aiiiiual Mtnlvt i' ly in U|)|KT ( iiiAilii niuy !)•• on Uio JUIIi June. (iowrnor (nay 'i:^innsi. with annual muster .ind flgflin ri<]uirt' it. I-'xcniptions froT,! f nrolnu'nt niid ttiTvicv in nnv cnw. Eiemplioni I'xccpt in case of war, &c. m 5 I H s^ ,-!-^ |.kviii|>tinn imi^t Im* 1 UiiDeH. Scr«ii'i' imit i|ivi(K'tl into Ur. Odiior* if rfj:inH'»t-. ari.l Iinttalimis. (..'iinipaiiy tliviMODs to hi' formed. Kxik'-ing itivi- h''n\» to remnin : itil altered. Officers and noti'Commifi- '.ioncd officers ol' compnniifi. Suff^eons, &(., may be appoint- ed to militia. Kiirolnu'iit, I.o» to be Tuiidc hy officers. Militiamen bound to give in their naincK, Kulls of com- panies to be made annually; also, returns of battalions. Company rolls to be corrwtcd ( llcgf>, m-Ikm)!-, hiuI acadcmio, wlm Imvo been altciidiiig audi ut laMttix tiiutitlit |iri Ni'iiii to llii' tiiiii- lit wliirli tlii'V claim iM. All |><-rsoii!t ilii.il)U-(t liy boilil}' infimiitv (3.) All |Hi»otiii l)i;iriii>; c.rtiHcittM fiorii the »»ciiiy of (iuiikcrH, Mitim)iii*t«, and TiiiikLrs or nin iiliubiiaiit ot'lliiM priiviiicc. ol' iiny rcligioU'< ilfiiiiiitiiiatiiiii, otliirwiHi' hiiIiJim-i to iiiilllary duty in titn, I) iflio fr till' d< )r hi to 1)1 1 rct'i I till' UiiC'irilU'i Ol lilt rt'll^ioil IH uviTsc lo iiruiiii^ iiniis uuu ii-iii»-a JltTiiunuI iiiilititry Kurvjcu aliall \>v ('Xi'Ui|)t ilirrrlVoin. (■i.) Kilt sucli cxt'iiiiition ;oii ■.liiill Imvi- tlii' bciatli ol xiicli cxi'iniition nnlr:iny wiiliiti tlic limits wbcrcor lit' rt-iidrs ; nnd wlii'iicviTrxrniptinu ii cliiiiiicd, wliilluT on llif ^.'roiind of a;^r or ollKrwi''f llir biirdfii of proof sball alwayi be upon ijir I'loiinuiit. |H Vici, c. 7", s. 7, 12 Vici. c. !)G. and 4 & rj \'ict. «•. 4.'t. M. With II view to uctiiikl HtTvicc in cubi' of wur, invasion, or iniiurn'Ctiun, iho siTvii'i' nicii bIiiiII ho divided into t«o c-hiKSfs, to bu calk-il ri'-iiicitivfly, first-clu'>n sorvicu nioii uiid Bi-coiul-chiss si-rvicc incii ; till' lirnt rlass to coiisi:*! of imiiiarrifd nicii and widoworK without childrt'ii, and the secoiid-thiss ol iiiarrird iiii'ii mid widowirn wiili ililldii'ii. I~ Vict. c. 77, «. h. !». Wiifii the sidcntary militia arc called out in case of war, invarion, or insurrection, those fir.-i taken for actual scrvito hIuiII be volunli tk from the service men, then the firc't-ilus-! service men, then the second-daHS service ineii, ami lastly the reserve men. Ihiil , s, !). 10 The commander-in-chief nmy, from time to time, by any militia general order, rlivide I'pper and Lower (Canada respectively into such number of military districts aa he deems expeilieiit, anil lo be desijfnatcd as he sees fit, and may from time to time, by any militia j,'eneral order, alter such division of the jirovince into militarv districts, and increase or diminish the number thci'euf. Iliid, t. 10, and lit & 20 Vict. c. U,». 1. 11. The commander-in-chief m;iy from time to time, by any militia cencral order, divide the military districts respectively into rcj;iineiital divisions, and the regimental divisions into battalion divisions, and may desijjnate such divisions bv such names or numbers as he sees fit. 18 Vict. c. 77. 8.11. 12. The militiamen resident in each battalion division shall form n battalion of the regiment of tin legimental division in which it lies, and all the battalions in any regimental division shall form tli" regiment thereof. Ihiil, s. 1"2. \'X To each military district a colonel shall be appointed who shall connnand the militia in sucli district, and to each battalion a lieutenant-colonel, and such number of majors and regimentsU stall oflicerB as may be deemed necessary. Ibid, s. 13. 14. Kach lieutenant-colonel may, by any order made with tlio approval of the colonel of the military district, from time to time, divide his battalion division into company divisions, each con- taining as nearly as may be conveniently practicable, not less than fifty nor more than seventy-five resident service men ; and the militiamen resident within each company division shall form a companyof the battalion. Ibid., s. 14. li>- All militia divisions existing before the passing of the Act 18 Vict. c. 77, shall remain in force until altered as aforesaid, and such of them as are nlloweil to remain unaltered shall be held to have been made by the proper authority under this ,Vct, and for the purposes thereof Ibid., s. 15. 10. To each company of militia there shall be appointed of commissioned officers, a captain, a lieu tenant and an ensign ; and of nou-coniinissioncd officers, three Serjeants and three corporals. Ibid, s. IC. 17 The commander-in-chief may appoint to all militia regiments, companies or corps, the proper number of surgeons,, assistant surgeons, and veterinary surgeons. 19 & 20 'Vict. c. 44. s. 4. 18. The enrolment of the sedentary militiamen shall be made in each company division by the captain thereof, with the assistance of the officers and non-commissioned officers of the company ; and it shall be the duty of the captain, and, under his orders, of the other officers and non-commisnoned officers of the company, by actual inquiry at each house in the company division, and by every other means in their power, to make and keep at all times a correct roll of the company in such form as may be directed by the adjutant general. 18 Vict c. 77. s. 17. 19. Each man liable under this Act to be enrolled in any company, and not so enrolled, shall give in his name, age, and place of residence, in writing, to the captain or officer commanding such company, within twenty days after he becomes so liable, whether by the alteration of any militia division, change of residence, or otherwise howsoever. Ibid., s. 18. 20. The officer commanding a sedentary companyof the militia shall, within twenty days after the niniual muster day for such company, make out a corrected roll thereof, and transmit a certified copy tlicreofto the officer commanding the battalion, who, within forty days after such muster.shall forward a correct return of the battalion under his command to the .issistant adjutant general of the military district, to be laid before the colonel commanding the same : and the said return shall then be transmitted by the assistant adjutant general, under the orders of the said colonel, to the adjutant- general at head quarters. Ibid,, s. 19. 21. Each company roll shall be corrected from time to time as changes occur which affect it; and every householder and resident in the company division, and every assessor, town clerk, or other municipal mum .•omn .md .ibtiil the man. iiiiii|> •J2 lield :t pi nffuei lime not e: .^rtill not b the C( fool (1- artil tciidiiig audi at ruiilccr*, or ntu rv duly in tiiii', i-t'iui-s i>cri«iuii ill tlic ivi- tilt' l)ciafii filed lii^ claii.i lii" c'laiiii, u'iili cvcrcxi'nipiidu 4 1)0 upon til ' 'I' iiini sliiill )i,' S3 siTvico nan ; second-class ol iun, those fir.-i rvii-e men, then divide I'pper expedient, uml Jer, alter (, !cr, divide tlir into l)utlalioii 18 Vict. c. 77. e<,'ini^nt of the ihall furm tli" nilitia in such 'gimentiU stall rolonel of the ons, each con- n seventy-five shall form a main in force u held to have 15. aptain, a lieu Is. Ibid, s. 1(). )s, the proper 8.4. vision by the ihe company ; commiseioned y every other such form as ed, shall give landing such )f any militia iays after the certified copy shall forward if the military shall then be the adjutaiit- .ffect it ; and ;rk, or other municipal ( ■ ) mtiniripal offii'er, '•Imll Im> at itll tiniis bound to ^'i\e t4) ihf conimnixlina nHRorr nr Jinv iiffit-cr or non- .•nmniiiainncd ollicor ot tlie rompniiy, <' lioiind in inform the nificer riiiiiinan<'inf{ die company, in writing, of any elukn^*^ cjf n'niilcnc* or other rirciim*taiicct airiftinu •"cli nidilii man. by «hieh the roll of any company '\% ufTioteil, whether inch militiuinan come* into or Ir.ivot tlir Kiiiipanv diviriion for which tlie roll iit made. Ihiit , %. Ott ACTIVK Ull VoI.UNIKKIt N(ll.lTIA CuMPAMKS. •.'2 Tlie active militia of itie province in time ot' pence nhall coni»ii«t of volunteer iroop.t of cavalry, lirld batteries foot companies of nrtdleiy, and roiiipaiiicg of infantry armed a* riflemen, to be formed t places to be desij;nalid by llie conimandcr-in-cliirf; i'i.) Kxcept BR herein-after provideliall not tof,'ellier I'Xiecd fifty in nuinlHT, of vvliuli there shall not be a ({renter number of coni]ianieB of foot artillery than five ; an) c. IH, t. .').' 2.0. Notwiilisianding any liinihttion in the next preoding section of the number of volunteer companies or corj)^, or of tlie nunibcr of nu'ii therein, the commaiider-in chief may accept the "crviccs (jI' any greater niiiiilKr of vtiliinleers, and may form llieiii into cuinjianie.- or corps; pr.ivided that no '.'reater miiiibcr of volunteer companies, corps, or men than that limited by the said section, shall receive jiay or allowances except on actual service in lime of war or insurrection. (•2.) And tlic volunteer eonijianir.s and corps receiving' pay -hall be kr.own n.s Class A, and those reccivinj; no pay ns Class 11, And wliencver the niiiiiber of eonipanies or corps, or men, in Classi A falls short of that limited by the said section, tlu' delicicncy may bv supplied by reiiiovii-.i; the proper number from Class H into Class A ; but in nil respects, exce|it as to pay and nllownnccs, the pro- visions of this Act shall api'ly in like manner to the volunteer coiniiaiiie--, corps, and men, in both classes. 19 it 20 Vict. c. 44,' s. 2. 24. Each volunteer troop of cavalry, company of foot artillery, or company of riflemen, shall con- sist of a captain, a lieutenant, a cornet, second lieutenant or cn.->igu, three .Serjeants, three corporaU, a trumpeter or buf^lcr, and not exceeding forty-three privates, except in comimnies of riflemen wherein the number of privates may be any number from forty three to seventy-five, (2.) And each field battery of artillery shall consist of a captain, two first lieutenants, a second lieutenant, a scrjeant major, three serjea,iM. three ccTrporals, three bombardiers, a trumpeter, afhrrier, fifty-nine gunners and drivers, including wheelers, collarmakcr and shoeing-smlth, fifty-six horses exclusive of officers' horses, and of four spare horses when the battery is called into actual service. 18 Vict. c. 77, s. 22. 25. The commander-in-chief shall have full power to appoint staff ofScers* of the active militia with such rank as he shall from time to time think requisite or necessary for the efficiency of the militia service, and all such appointments as have been made by him are hereby confirmed ; and any such staif officers shall have such rank and authority in the militia as are held relatively in Her JIajcsty's service, and their duties shall be the same for the militia as prescribed for the army by the Queen's Regulations aforesaid. 22 Vict. (1859) c. 18, s. 16. 20, The commander-in-chief shall have full power to constitute any number of rifle companies of the active militia at ony one locality, or within any one district, not being less than six or more than ten companies, into a regiment or battalion, and to assign or appoint thereto by commission a lieutenant-colonel, two majors, one adjutant, one paymaster, one quai tcrmaster, one surgeon, and one assistant-surgeon, whose rank and authority therein shall be the same as in the relative positions in Her Majesty's service ; and such regiment or battalion shall be subject, in so far as the same are not inconsistent with the provisions of the militia laws of this province, to the Queen's Regulations for the Army published by authority , and any such lieutenant-colonel shall have authority to appoint staff serjeauts for any battalion. 22 Vict. (1859) c. 18, s. 15. 27. A volunteer marine company may be formed at each of the following place* : — Kingston, Cobourg, Toronto, Hamilton, Port Stanley, Dunnville, and Oakville. Each company to consist of a captain, a lit iitcnant, and fifty men ; and a commodore of provincial marine may be appointed to command the whole and to rank as a lieutenant-colonel of militia. Captains in the provincial marine shall rank as majors in the militia, and lieutenants as captains in the same. 18 Vict. c. 77. 8. 23. 28. The said marine companies shall be armed in such manner as the commander-in-chief directs, and shall be trained and drilled as well to the use of small arms as in the management of gun- boats and vessels, and the working of great guns on board vessels. 18 Vict. c. 77. s. 24. (10.) A 4 29. In ^1 T front wmm W I'-UUr*. At.. \n ^1(1 nil I ' ''uTfiMUon* It '(lIlMlV. .\ni| iif milili*- (it«n. Vulunlwr ('•tinpiniv* lo »>*• ttirmrti , of wliai tittt)i)*it|. r'>tiil ImiiUd. \iiinlivr tif i|nttively. i'hc VI m6. Appointment of Htatf officers and their rank. Any number uf ritli' corpM ill anyjucalitjr ni4y be consti- tuted into a ref^inient or battalioot Ac Volunteer marine com- panicH may be formi'd at cer- tain places. How to be armed and drilled. ^J ^-- 1> ( 8 ) I ' tn|tin*tr«. On «ti«i ftu- Uiorly riMii* |Mn(r% wy tM ftirmml intl ili%b*n(lrd Vn\f»rm* of toluntwr titry%. Kiifthrr nintli- llaii. ':i I A run, Ac uf vttliirilitr toiii- |)anicK. T« Ik- fiiriii'lu-il by ttitf |ir(iMii('v ri(-i'|)t to ntti- ht'i'iirily in.iv \*v laki'i. for &(. It(>|ia!ring of ariiH, Ate. 11) whnni nud wUiTL' arms Proviso : an to liflbilitii'H in- curred Iwfuri! this Act. Corps to ap- pear armed on certain oeca- nions only. Officers' arms. Exemption of arms, horses, &c., from seizure. How volunteer cunipauies shall be drilled and exercised. Tiiy list and affidavit. Adjutant- general to draw up code of instructioni. j; %U III each militia ili.trici llii-re may be Ibrnird • voliititr«r ooiii|)aiiy of ell^inevr•, lo codikI uf n caiititin, • lieiiUMiaiit, u ncronil liciiti'iianli aii'l iiir)) iiuiiibi-r ut iiioii nut fxitvlilig MMi'iity-lirf, a» tni' (iovrriior niiiy ilirii't , but .ucli coiii|Niiiifi fihiill imi l>« tiilijt-ct to drill ur tu trrviiv in tiiiiu (.1 IWBW. iHViit <• 77. • 'J5. :U) All voliiiitciiiiif« rnrmce disbanded by auilmrity of th« I'limmaiidcr- ii)-('hi<-f. ii« iiiiiy in lii> i)|iiiiiiiii licat tend to furtliiT llic |iur|i<>M.-» of thin Art iiiul tin' iniblic ^<>rm of iho wvirnl fuld biiltrrir*, nf tlit »c»orol tro4>|M of iiivalry, uiid uf ili,. Ht'Vrrul rifle coiupitiiii'K, (■iiiitiiiiicd iindiT lliii A< t. or or){iini(i-d after the foiiilti duy "f May IsV.i, '•liitll be of Kiicli one uml tiiiiiLir cnloiir, |iutt< rii, ami de»i^ii a* nmy lie ordereil by tlie ciiMiiiiiiinlrr- in-eliief. {i j I'roviilod that but one, and iliul a similar euloiir, pattorn. iiml (lc»i};n, nIiiiII be a|i|)rnvcd for each of them reHpectively, — the field biillerirs, trooiii of eavalry, rifle eoin|iiinir^, uml eoiii|i,iii>i - of liMit arlillery, iinil iitcli of •iicli i'or|)4 aliall coiiforni in .ill |iiirticului'4 In the order of tlie eomiii oider- inwhief ill ducIi renpect. Ibit the «c>veral ('i>rp.i in exiitleiicu uii tlie tuid dav mid to be eontiiiiied in existence umler lliit Act, may iMiitiiiiie to Mi'ar their then clothing until the miiiiiu rc(piire« tu In; repliieed, uml it shall lie the duty of the kU|ierior olliuer of the i9) e. IH, g. 12. ;)'J. Tlio arm;! mid iieeontrenleiiUof the ofliceit and men of the several volunteer eumpanieij shall be such an the eunuuander-iii-ehief from time lu time direcU, but uf the l)e«t ami iiiu.'it Heiviceable kind, without minecexsary ornuiueiit. .Such arniM and accoutrements mIiuII be furnished to the noii- CKiiiniiHHioiied ofBeeis and privates of the »aid volunteer ciirpn at the ix^K'Use of the |irovince, but -.hall always remain pruviiiciul property, and (lie parlies receiving llieiii shall be aecountable for them. .\iid the rumniamler-in-ehief may direct such security as he thinkit proper to betaken for the safe keeping in good order uf such arms an, and annually thereafter, the moneys to be paid for pay for each day on which companies are so drilled shall be paid only iu the month of December in each year, ond upon the pay list and affidavit thereto being duly furnished to the adjutant-general as herein-after required. 22 Vict. (1859) c. 18, s. 4. 39. The adjutant-general or the deputy adjutants-general shall draw up, under the direction of the cemmatidcr-in-chicf, a code of instruction, drill, and exercise for the said volunteer companies, basod on that in use in Her Majesty's regular army, and each commissioned officer of a volunteer company shall be furnished with a copy and shall be governed by the said code in drilling and exercising the corps to which he belongs. 18 Vict c. 77, s. 83. 40. The I, t'l oiiniKi i)f g »pu'iu_v-li»v, •irvici' in tiiiiu ha ('i)tiiiiiAiu||>r. ic public ^ucmI ■y, mill of til,' lit" May IsjH, III' coniiiiaiuli'r- i! ii|i|irn(('il r,)r il coiii|i.iiiit • III' lie I'limiii iiiilir- V ('ontiniii'il in ! roijiiiri's to ln! I'ly tu si'o tliat ; ordir of tliu i'uiii|iaiiU'» shall lost HfivicfiiliU' ej lo till- iioii- ! priivincc, Imt u'Ciniiitublc for liu taken fur tin- tlllTl'of to sucli )r any purpoji' of the pi'oviiiri'. ' cauio tlinii the lall be ronewcil lie cost may be : militia shall bo urniouries then 'coiilrenicnis of I same, and may arc of the arms intecr or active custody, care, 7. and 19 & id onths after the all at any time target practice, or rendering er, under duo ict. c. IH. s. 0. accoutrements. and the hordes id asseBsineiit; r commanding icli year and at field batteiies days shall be s (Sundays not whole or any the moneys to the month of rnished to tlie ircction of the ipanies, based teer company 'xercising the 40. The .1 ,..i.- ii.. lllllOtl|{ .1 j;r. rtt» T nilllil' till 1*1 rt.iiti I iHhii'.iiii %. Ill lull, Il l»' lr.n;«4fniwii ..r (1.) Fur l\< veiir MM*, the noli voiiiini'xiiilieil otlicef !iiid men i,( I't.i., A '•••"'"' present and ummI lor "iiili drill, and Im |iiin,'iiij{ |i> or u-ed by »iuh iinii eommi»iiioiiri| iiHir«r« or men, .i'*., \ Ih."„ the further '•iini of one ilolhir per diem ai .lull, lur (•J ) I'or euih iiiid i'ViTV ymr. oilier than llie _\r.ir lf«.'i!>, the iii>n-r(iinmi««ioned oKJecrt and nun of '^ "• •neb corp* of ell-It .\ and of .inli porlioiif llierml only an iiri- heiein-after menliom d, «li.ill for lueh -^ '"'*"' ""•" iliiv* aeliial and linui fiili drill be piid the kiiiii of i lie dollar, and in »o lar oid\ ;u re^ariN lie ImrM « pli.i'.ii. r 'i»v III III' ii'>ed in the liilil b.iil' rii"<, fur I lull lior'i- aliiiilly 'iiid in'ti'^'-aiilv |>i(iiiiit and ii-ed lor mn b mil > or n-ieil li\ the iion-eumiiii>'-iiini d oHinr'' and nun, imt exeeedinj; •«e\eiily in iiiimber and ihe ahiIIhi n'ri'v linr'>i<, iKil eveerdiiii; lliiriy-, and evi'.iiii^ on the "iid of '..i\,ilrv »< iiinr i .n.ilry ri.i|i«. in priority ol (i.uelte under llie .'ml .\i'l iii I'pper ('.niad.i. and lliirtv noii-eoiiini)-'"'"'> dllicei'i and iiii n of llie ror|^ niiilii M- coniniaiid, lo d Hlrilmte llie Inial .inioiiiit of piiv lo uliieli ~urh lliiriy nil II wniilil be e:ilil'ed for iheir drill i's luriin-lufni'i' nieiilioiie I, In a h ss propiTlion than the .sum of one doll.ir In i.icli man, mi thai the »urpliis li' nii ii !■ niAjii'i' e^iiulKd and .ii tiiii' in mhIi imp-, to a niiiiilur nut exteidin;^ twenty addiliinal men, may reecive a propnrlion of smlipiy. it 1m iiiy the intent hereof that ii'i man under any sueh eonlraci j'liidl ficiive h -h than ihe Hum of cixty cent'' per diem during the drill i\!< afoiePRid. (.».) And it shall be the duly, of every commandin;^' officer of a corpn, or in case of bis absence during i',, ii,i. uiii, the annual drill, of the ollieer next in eomniand and per.sunally jircsent. dnriii;; the moiiili of iiIi'Ikh ni Ndviinber in each year, to forward the jiay list of ll.c .-,iii| corps to llic adiiit:iMt-;;cii( lal i r ih imly adjutanl-gcner.il ol niilitia, havinjj attached ihcrrtoan allidavit -worn before any jiistii e of the peace, thai ihe several iiim-commi-Fioiied olliceis .•■.nd piivat'^ n the said |i,iy'lisi naiiud for pay, wire aclnally and Ikiiii'i /iilr pt rnonally prcjciil al each ilay'.s drill, and «cie actually drilleii lor the iminlur of days and in manner by law rerpiired, anil were and cniitinned sevcially on the roll of llie siid corps from the iiinnth of .laniiary in sikIi year, and pcrfurnicil duty ilieiewilli when rcijiiiri d dnrinj; such ye.ir. and in addition thereto in eases of lield ballerie-, tlial each lioi> in the .'•aid pay lii»l charged for pay was aetuallv and necessarily present and used for surb drill. 'J'.' N'ici. (h-.'iltj c. It), s. 7. 41. Nothinf; heroin contained fhall be construed to prevent any .such eoni|iany fiotn assembling or v.liii.ii'irH l)ein}> ordered out by the ollicer lominanding it for drill or exercise, without receiving any |iay in.i> )"• •inli-il therefor from the nrovince, aecordinj' to anv articles of engagement orrcj'iilalioii"! of .such eomnaiiv, lire- '" "''"T ""'''' viously approved by the connnaniler-in-chief : and any sneh article.'', in so l.ir a.s they are no! incoiisisient tiiiir .muli-s vt with this .Vet, shall be enforced, and the penalties which may be thereby impo-cd shall, whenever < i';:iiKi'"iini. they arc incurred, bo recoverable in the nianiier heroin-after mentioiud, by ihe person or ollicer designated for that purpogc in such articles, to such uses as may bo ihorein directed. IH Vict. c. 77. s. .'},j. 4'2. Suflicient ammunition foi* practice at drill shall be suiiplied to ihe volunteer companies at Aininuiiiiiim the expense of the province, in such manner as the eoinmander-in-chicf mav direct. Ih \'ict. e. 77, f*" iT'HUii'. s. 36, 43. Each Serjeant-major of a voluiitcor field battery of artillery shall, on aceoniit of the great i responsibility attached to the oHico, be paid by the ])rovince at the rate of two hundrtd doll.irs \)Cr annum; and coinpet<"nt persons shall be appointed by the commaiuler-in-thief to drill the other volunteer companies, and shall be paid by the province one dollar and (ifiy cents per diem, when so employed. Ibid., s. 37. 44. The said volunteer companies shall bo liable to be called out in aid ol' the ordinary civil Vni'inu'ir* power in case of liot or other emergency requiring such services, and .shall when so employed ,"'j7i„'^ui'"i'i receive from the municipality in which their services are required, the rates of jiay above ineiilioned, ii,, ciiilpmMr, and a further sum of fifty cents per man per diem for additional ixpenses, tuid shall be also provided ^H'^ii'iiiii i"' with proper lodging by such municipality ; and the said sums and the value of such lodging, if not ''',"!,',",.''",''.' furnished by the municipality, may be recovered from it by the captain of the coni|iany. in bis own „iiini'i'|iii;ij. name, and when received or recovered shall be paid over to the otliccrs and men eiitiilcd thereio. Jbid., s. ;J8. 45. It shall be the duty of the captain or officer commanding any such volunleer company to call n"« ili out the same, or such portion thereof as is necessary, for the purpose of (|uelliiig any riol, when '''"""'i thereunto required in writing by the mayor, wartlen, or other head ol the nuiiiici[)ality in which such riot takes place, or by any two magistrates therein, and to obey such iii.structiona as may be lawfully given him by any niagisirate in regard to the mode of quelling such riot ; and every oHiccr, non- commissioned (fficer and man of such company shall on every siieh occasion obey the orders of his commanding officer, and the oflicers and men when so called out shall, without any ftirlher or other appointment, and without taking any oath of office, be special constables, and shall act as such so long as they remain io called out. Ibid., s. 39. (10.) B I iji Jint innjiir fartill.ry uinpni.ii -, Ac. TIVIV i iMit, ao'l t)i< ir duly in fudi l- l''l-i. 'I'ltlK' sworn in ,\S s|)t ciiil i'Oii.'iliibU'S. IH I :!•! Vdluniii'm t uMiipt ""rom vniti/ »\ jurnr* or (Ollll'lltlcii. KwtltMCC of »i-rvirf. Notice hr \}i' pivA-n lu-fn-c Ii-ftt'iiijj atiy vulnmrcr I'ornpii-y. 'JVrin ..(■ in^'H^'fiintv. liit)'uctiiin II voliHiticr 1 OI|HI. riinit, nt' in- Rplllicii^ (ilIuiT. ( io ) •Ifl. 'ITie officer*, non-rommiwionrd officprs, ami men of volunfoor corpo. shnll, while flicy continuo siicli, l)c r:iein|)t Iroin scrvini; an jnmrs or constablofi ; and whtricvcr tlicy Imve serveil as «o to do; nor shall he, at any time, leave the same eoiitiary to the eni»a<»enient contained in any articles of engagement he has signed ; and the fet-m of en^Mgeiiient shall not he less than live years. IH Vict. c. 77. ss. 41. 65., and '.1'2 Vict. (It'.ji)) c. IH. s. 9. 4M. 'i'he several volunteer corps shall be subject to inspection from time to time by such ))crson or persons as shall ho temjiorarily appointed by the commander-in-chief for such inspection, and who sliall repoit fidlv lo llie (iovernor ou the slate cf such corps and their arms and accoutrements and the geiier.d elliciency of such force, aiul shall be reimbursed his or their actual travelling expenses by the province, and paid therefor at ii rate not exceeding four dollars per diem whilst .so engaged : ('2.) Provided that such person or persons to be a])pointed from time to time for such inspection, ihall 1)0 an officei or ollicers (not being under the rank of field oiliccr) of Ibr Majesty's service, and aclualiv serving in this proviiu-e, or in case the services of an officer or officers as aforesaid cannot be nl>tained, then such oiIkt person nol beiiig under the raniv of field officer of militia of this province who shall in like manner be reimbursed his actual travelling expenses and paid such remuneration. •J-'Vict. (Ib.'ii)) c. IH. s. 10. f '.^ \ ('iHiniiis,itins, Ndn-i'iiimi:'.- siuiiLiI llilil'ClS. OlIiciTS imi''t »M- Hit Mijf^- KKi«.tiii'.^ loin- ini^fliotis i>> riMiijin until I'Uiicilk'ii, No |KTS0I1 Imuiui to serve it) a luu'ir ;^ra'Ii.' th:m ]n\ has hclil. lJait.»IIotis 0111- Iioitied in U':(7, 1S;J8, IS-IG & 1HI7. Ailjiitant- pri'llL'Iill to llL' iip|)(>iiitt.>(t only in i-asi's of «ar or tniirgcncy. ■ .•■,!; Pay ot'adju- ij lant-;»t.'neriil. Ailjutant- fjiMii-nil and du|intios. Hank. I'ay. * ' ;■*;' : OHu-cs ofi-i- - ipt'Clillg ofiicLT ■1 ami (li'puty ■ i a(1jutant-gi>* * lh\ ;' CiENEnAL PUOVISIONS. ■i!>. All commissions of officers in the provincial militia shall be granted by the commander-in- chief an. and 1!) >»c 20 Vict. c. 41-. s. (i. .")"2. C'onunissions in the provincial militia and a|)pointments of non-conuuissioued officers, existing immediately before the passing of the Act ISVict. c. 77. shall remain in force, such commissions being subject to be cancelled by the conunander-in-chief, and such appointments by the officer conunanding the battalion; but no per.son shall bo bound to serve in the provincial militia in a lower grade than he has once held, unless he has resigned his comnyssion or is reduced by sentence or order of some lawful court or authority; nor shall any person who has been a non-connuissioned officer in Her Majesty's army be bound to serve m ihe militia in a lower grade than he held in the army, unless he had been reduced as aforesiii. .i;3. The next preceding section applies to and includes the battalions embodied in the years one thousand eight hundred and thirty-seven, one thousand eight hundred and thirty-eight, one thousand eight hundred and forty-six, aiul one thousand eight hundred and fortj'-seven, in the cities of Quebec and Montreal, and the said battalions are still lawfully embodietl, and commissions in them are valid under the said section ; and the .said butttdions arc subject to all the provisions of this Act as sedentary militia, and may be called out as such by the commander-in-chief 1!) & 'JO Vict, c. 44. s. 7. .54. No adjutant-general of militia shall be appointed except in case of war or any such emer- gency as may, in the opinion of the Covernor-General, render it necessary or expedient that such office should be filled ; and in case of war or such emergency as albresaid, no person shall be appointed to the snid office who is ul'. to the satisfaction of the commander-in-chief, a person educated to the military profession and thoroughly competent to discharge the duties of the said office of adjutant-general ; and the duties of the office of adjutant general during the vacancy of the office sliall be performed by the deputy adjutants-general for Upper and Lower Canada respec- tively, under orders from time to time of the commander-in-chief, or by such person as may be ajipointed by the commander-in-chief ou any occision, for the special and temporary discharge of any such duties. t>2 Vict. (1859) c. 18. s. 14. 55. The adjutant-general, when appointed as aforesaid, shall act as such for the whole province, and shall have the rank of colonel in tlie provincial militia, and shall be paid by the province at the rate of three thousand dollars per annum while discharging the duties of his office. 18 Vict. c. 77. s. 47. and '-"2 Vict. (1859) c. 18. s. 14. 50. There shall be two deputy adjutants-general, one for Upper and the other for Lower Canada ; and each of the deputy adjutants-general shall have the rank of lieutenant-colonel in the provincial militia, and he shall hold his office during pleasure; and each of the deputy adjutants-general shall be paid by the province at the rate of two thousand dollars per annum. 18 Vict, c, 77. s. 47. 57. The commander-in-chief may in his discretion amalgamate the offices of deputy adjutant-general and inspecting field officer of militia in Upper or Lower Canada, in which case the salary of the officer performing such amalgamated offices, and who shall be known as deputy adjutant-general and ( n ) ^^ icli enipv- tliat sucli sliall bi> inspector ofinilitin, «lmll not exceed the sum of two thousand diillars per nnnuni. T2 Vict. (Ii*50) c. 18. s. II. 5f*. The coinniandcr-iM-t'hief may from time to time appoint so many assistant aditiinnta-gcnerni, witii siuh dutit'c ns lie thinks proper or exjH>!•. There siiall \x- in an« •inal){iimdt\il ; kftUry in »i ch Ant numltcr v( .i ;il|>lnlli>U )ir ikiitfiiailt" I uloluK II) itii-ir llivi<>i(>n^ uiiiil (!iiVi>riiMr** |)|i'nsiirf l)c kiuiuii. Ali.iiiiiinc'ii liuiiiid t(i (ilti-y. V..lumi'*T (Otnpniiiii bu iniluticil. Ar.il so whvli iIh wIioIl- inili- li.t is riilli-d our. Ju'ilviitaiy niililiaiiu-ti to attiiKl ujih tlicir amis. Wlitii the wlu'lf iiro ruil tiikiMi a I'lit.iin imiiilTr may Ik- tliUL-tl'li to IlL' l\iriiiNlic(i, UtA\ vudi liUiiiliiT simll Im> tiikt-ii. Dtal'iiii int'n. MilitiaiiKii cirat'hil must 'tr\i-, htui a s.il'-.litnii, or |ny l]w liiif. Iriiirm pCTsoiis cYL-iiiplt'd. In wliat case Mtond-tla'.H M-rvifL' iiuii ir.ay lie taken, IIow iiiL-n so taki-n shall lio (.-niliudiLil aiut coinninndid. Volunlt'cr coni- panlcs niny bo i-niljodiiil. Term of 'I 'M ■M ! f m ( 12 ) I'roti*^ rii.iy !•>■ Ill.iulltll, Milili.i rnll.il Dili I.I III- Mlll- j,il I'l iirliilf. U.ink :ini] vn-.n- iiiiiiiil of (itljcirs an rr((iiraiti. Stntt-ncc must bo first ap* provid. Officer i.r regular anity on ''nil pay not ' Ut ftit, Ate. Arms &*^'» ''l* sfili-nlary iitilitia to ill' ki'|it in ccriairi plat'i's. i 1 Ihiililin^'s for 'H nrniourics. ^ 1 Cart' of suili '{ aiuuturitfi. Arni^, how lU- i\cuii to A- stcit iilitiy 1 M niiliiiu. ^£' M.iy I),' ki-pl l.y IVIiliiiiinii.'ii in i-(.i'titln (.uses. notirp as licroin-lH'forc mentioned: Proviilcd tliat no voluniccr sliall leave llio w-rvice, oitlior witli or wiiliout notice, at any time «hcn tlic militia arc callfil out, unless he U re;;iilarly >'>. 7'). 'I'he militia '.o called nut niav he niarclinl to any part of the |irovlnee, or to any |)l,u'e witlioiit the province, liul eonlerininons thereuitli, where the enemy is, and from which an attack on this [irvvincc i'' a|i])rehen(h called out, and every ollieer or man belonifing to it, shall from the time he has been ordered, taken, 'r drafted fur actnrd service, he suhjec t to the articles of war and to the Act for piiniihint!; mniinv nil desertion, and all other laws then aindieilile to llor Majesty's troops in this proviiic", anit, \c. Iruiv; «ih1 'iiJ.iMl^ lli>illcteucli dciiKuid:' i • •\ol oxcii'd in unKiiint tlair piiy iiiul .-iil)>iMi',MH-i' momv I'uv iIr- tim'o, bcyotid which crt-dit is not to ho t,'iiintod. 1/iiil., f. 78. ,st<. Whoii the ."Ut'oty of this proviiico ri'(|uirc's that tho said troops of IK r Majo-lv or milili.i or o, nny lofjimcnl, battalion, or dotuclimcnt of liio >:\mf should bo canlont d in aiiv p.n t i.f this iiniviiRo, nnv justico of tho piaoo ill tlio plans whcro snoh troops or militia aro oaiitniiod, sliall. upon i\ iciviii" aii order from tlie otficor comio-.sidinj,' them, or on a rKjui-ion from tho otliior ODinmuidiiiff ;inv Mich " ciiitoiiinouf, quarter and liiliii tho ollitcrs, noii-cotnmis-ionod otVioirs, dniiMmri:., and uiivaloiof tho «aiici"irc pirsuni manding the said troops or militia, or a requisition in writing from the ofticer coiiimaiHling ih;it '" '^""''j''."I-7 cantonment, for such and so many carriages as may bo re(iuisite and necessary for the s;ii(l trocps or u,';^,|,','.' '" militia, shall issue his warrant to such person or por.^.oiis as are possessed of carr'afjc", horses, or oxen, within his jurisdiction rctpiiring biiu or thoiii to rurni.di tho s.ime for the service aforesaid, and if any person after receiving such warrant refuses to furni-li the same ihoy may be iinpre-^ed and taken for such service; but no such carriage, lior-so, or ox, ov any carriage, horse, or ox mentioned in the previous sections of this Act shall be compelled to proceed more than thirty miles, unless in cases whore other carriages, horses, or oxen cannot immediately bo had to replace them ; and such cirriages, horses, or oxen shall be paid fur at tho usual rale of hire. I/iid., s. 8;(. 03. In cases of emergency, when it is necessary to provide proper and sjieedy means tor tho con I |>I.IMll >i| miplaint {"""'iin i.;,'.;tii Mi[ aiui hi liilltl nr »junrtfr Iroopf. 'I'rimi>s net li» .lusili-f inny M.iy I !• iin. I>r. ssui nil r.'- lu.iil to lillliUll l.'lllil.ll.W lr>vcl. How pnid. In C.1S0 of l.,MS, A.- n i\\ t c ruiuiii it in likv.- uianlnr. .Iv of p ly f.^r Mil'. veyaiice by railway or by water of the troops of Her Majesty or of the militia, and also of their enuTRcncy ainmunition, stores, provisions, and baggage, any justice of the peace of and in the locality whore such troiips or militia are either on a march or in cantoiinnnt, upon receiving a requisition in writing from the officer commaiuliiig such troops or militia, for such railway cars and engiiu's, boats, or other craft, as are requisite for the conveyance of the said troops or militia, and their iuinnunitioii, ston s, provisions, and I'aggage, shall issue his warrant to such person or persons as are pos-nssed of such railway cars and engines, boats, or other craft within hi,sjurisdiction, reipiiring him or tbcni to l'iirni»li the same for that service, at and after the rate of payment to b(' allowed by the said justice, not exceeding the usual rale of hire for such railway cars and cngiius, boats, or other craft ; and if any '"r 'iif •-i such person neglects or refuses, after receiving such warrant, to liirnieli sucii railway cars or engines, Miyiu' im- or boats or other craft for that service, such railway cars or engines, boats or other craft may be l'^","]";!',"" impressed and taken for such service; but nothing herein shall impair the ell'ect of any Act obliging ru,i',i,i,. any railway company to convoy such troops, militia, and other articles aforesaid, in any manner or As to ll.iiUny on any terms and conditions therein mentioned, or to release any such company from any obligation ('nniii.iniis. or penalty thereby imposed. Ibid., s. 84. OrrrNCES and Penalties. 94. Any officer or commissioned officer of militia of this [irovince appointed or to be appoint! d to iniawruiiy re- the active force or to the sedentary militia who obtaiiLS under lalse pretences or who rt tains or t.iniii;! nmm'ji keeps in bis own possession, with intent to apply to his own use or benefit, any of the pay c" moneys ,1'ii'',','!;",^*',, ,',,1, belonging lo any non-commissioned officer or private of any corps shall be guilty of a misdcnuanor inni.siiinuanor and shall be dismissed from tho said militia force. 'JiJ Vict. (18.J9) c. 18, s. I". 9"). Any person making an affidavit or declaration required in ana by this Act, and swearing or declaring falsely therein, sliall be guilty of perjury. 22 Vict. (1859) c. 18, s." 19. 9G. Any officer of militia refusing or neglecting to nv'ke or transmit, as herein proscribed, any r( or return or copy thereof, required by this Act or by any lawful authority, or will'iilly making any fal.-o statement in any such roll, return, or copy, shall thereby incur a penalty of forty dollars for lacli ivnaliv. ofTence. 18 Vict. c. 77, s. 85. _ 97. Any officer or non-commissioned officer of militia refusing or neglecting lo assist his command'iig itiCusinK m officer in making any such roll or return, or refusing or neglecting to obtiiin or to assist him in n'^i^t ..i mnkmif -^cT'iO 111 Mills HiC obtaining any information which he may require in order to make or correct any roll or return, shall ' thereby incur a peiudly of twenty dollars for each ofl'ence, Jhid., s. 80. idriisinuio 98. Any militiaman or oilier person refusing or neglecting to give any notice or int'ormalinii ^im: infunna- neccssarv for making or correcting the roll of nny company, and which lie is required by this Act ic (10.) B 3 Oiti'iulir tu he Vahv s\vparjn}5 to t)c pLijur). lUrijc;)] tu miiko til). I lor making I: t.x. ull( ' il liiii-ti-r. or tiiio Mli:itin|( tilt U-4t, hv. iuiUxui iit ilnll 1>( otKyili'^ ^l^lKr^. Ac N..t k..iii.ijf tir'nn, \r ill projiL-r iTtltT. Stllin;; willioiit Ii- i\i' :iny lioisc ilni!tl n|i' |Mil\C"l i'T llltV lr. Ai-. T'nla>»f..lly tirnt^, Sv. N"I 'II prcv. nt iri.iitMiiK'iit, Arri'sl i.f..f- iniil.r .itt.nir '.) Ii.'iv. ill.- [nn- \*(jliniti't'rs re- I'm. in,; (.> turn nut ill ;ii.t i>r i'i\il iMnviT. lUI'ii^iiifr ro nc'i ivi- militia hilKti'ii. IlL'fliint pt'iialiit's Tiiny '",' siii'tl for. Kviilcni'i' of authority tu Bue. I.imitnlioii of time for such prosevuti'jus (■ n ) ) • ■ plvi' to Uif cumiiiniidiiiK ofiin-r of siicli company or to any oHiti-r or non-coiiiuiisBieMod officer i)u-reof ned ollieer, or militianiitn, disobeying any lawful order of Win ^■iiicii,,!- ollici-r, or ttuilly of any insolent or dii-orderly behaviour towards such officer, bliall thereby incur a jienalty of live dollarH l'>r each od'enco. JOid, s. "JO. \i)2. Anv (ilHcer, non-eonnnisri'tned otiicer, or militiaman, who fails to keep any arms or accoutre- ments* delu'ered or entrusted to him iu proper order or who appears ut drill, parade, or on any other occasion, with his arms or accoutrements out of proper order, or unserviceable, or deficient in any re'|iei't, :-hall incur a penally of four dollars for each such oU'ence. Ibid., a, 1)1. lo;j. Anv ollieer, non-commissioncd officer, or man of any volunteer company of cavalry or field artillrrv, who, without the consent of tl.c ci)nimandin{^-officer of such company, Bells or disposes of anv linr-e which has been drilled tijr the purposes of such company, or which he has undertaken to fuini^li for hurli purpoiic.t, and which has been approved by the commanding officer of the company, .•.hall thereby incm' a penally ol' twe!ity dollars for each olli'iice. Jliid, a. 92. 101. Any person who unlawfully disposes of or removes any arms, accoutrements, or other articles lii luiigln;r to tlie C'loun, or who nfuscs to deliver npthc same when lawfully re(|uired, or has the same in hi.s pD-'Si .-^iion, excepl fur lawful cau^c, (the proof of which shall lie upon him,) siiatl thereby incur a piMialtv of iwiiiiy dollars for each oll'enee ; but this shall not prevent such oilendcr from being iiidicteil and punished for any greater olfence if the facts ninount to such, instead of being subjeclcil to ilie penalty aforesaid; and any person charged with any Act subjecting him to the penalty inip')se(l by thi-i section nuiy be nrrested by order of the magistrate before whom the complaint is niadi', upon attidavit sliowing that there is reason to believe that such person is about to leave the jirovince, carryint; any susli arms, aoeoutrements or articles with him. Ibid., s. 93. 10."). Any otticer or man of a volunleer militia company, wiio, when such company is lawfully called upon to act in aid of the civil power, refuses or neglects to go out with such coin[)any, or to obey any lawful order of his superior officer or of any magistrate, shall thereby incur a penalty of twenty dollars for each ott'eiiee. Ibid., s, Oi. 1(>(>. Any inhibitant iKmscholder, who refuses or neglects to receive any troops or militia billeted upon him, or to furnish them with the lodging and articles which he is by this Act required to furnish, .shall thereby incur a penalty of eight dollars for each ofl'encc. Ibid., s. 1)5. 107. .\ny jHTson lawfully required under this Act to furnish any carriage, horse, or ox, for the conveyance or use of any troops or militia, who neglects or refuses to furnish the same, shall thereby incur a penalty of eight dollars for each such ofl'ence. Ibid,, a. 96. 108. Any person law fully required under this Act to furnish any railway car or engine, boat or other craft, for the conveyance cruse of any troops or militia, who neglects or refuses to furnish the s inie, shall thereby incur a penally of twenty dollars for each such oflence. Ibid., s. 97. 10!). Any person who wilfully contravenes any enactment of this Act, when no other penalty is impo.-ed for s-uch contravention, shall thereby incur a penalty of twenty dollars for each offence, but this shall not prevent his being indicted and punished for any greater of)'cnce if the facts amount to such. Ibid., s. 98. 1 10. All penalties Incurred under this Act or under any regulations, orders, or articles of engage- ment lawfully made or entered into under it, shall be recoverable, with costs, on the evidence of one credible witness, on complaint or information before one justice of the peiice if the amount do not exceed twenty dollars, and before two justices of the peace if the amount exceeds that sum; and to the recovery of such penalties all the provisions of any law then in force relativa to the performance of the duties of justices of the peace out of sessions, with respect to summary convictions and orders, shall a])ply in so far as may not be inconsistent with this Act; and any officer, non-commissioned officer or private of any volunteer militia company shall be a competent witness in any such case, although the jjcnaliy is applicable to the purposes of such company. Ibid, s. 99. 111. No prosecution against an officer of militia for any penalty under this Act shall be brought except on the complaint of the adjutant-general; and no such prosecution against any uon- conunissioned officer, or private of the sedentary militia, shall be brought except on the complaint of the conuuanding-officer or adjutant of the battalion or captain of the company to which such non- commissioned officer or private belongs: and no such prosecution against any private or non-com- i.nisaioiied ollieer of a, volunteer company, shall be brought except on complaint of the captain or ct)nimanding officer thereof; but the adjutant-general may authorize any officer of militia to make such comidaint in his name, and the authority of any such officer alleging himself to have been so authorized to m.ako any complaint shall not be controverted or called in question except by the adjutant-general. Ibid., s, 100. 112. No such prosecution shall be commenced after the expiration of six months from the com- mission of the oll'cnce charged, unless it be for unlawfully buying, selling, or having in possession arms or accoutrements delivered to the lullitia. Ibid., s. 101. P<1 in /" si ni bJ ■,:;( ■ ! !Ji.*i ( I.-. ) '^- o 'l.r . I" w u .iiH >l. t via lU'l of t« iiniiis*) ll;i H air. UK, 5il III Is ( lllt'lxl till", m imrsii- n'n I- lit tills \i-t, I., Ill- uli.l. 110. Tlie pniilty wlicii rrcoviTwl sliiill, if tlie offender brloiigs to ilu' ;icfiv«» ur ▼(.liintr»r inilitiii, AiMiiio«ii>i« be paiil over to ilic oflioer coiniiiaiidiii;,' tlie ei>mpaiiy, for the |>iii poses tlienul', and sli.ill !.<• ti{i|ilis mid aeeouiUed for l>y liiin t<, tlie iiiljiitiiiit-jreiierii ; mid it' tin n'ti inler beloiiffs to the nedcntary militia, liieii the same sliiili be [iniii ovir to ilie aii-int.iiil a to oliey or i«>ti>.< ixt^l be bound bv it in per-on, either directly by the oflirer or lurson iiiakitiir or I'iviiit: il, or bv some ""' i«' '" >"n- other by his order, ///k/., t*. 10.). mtvn 11'). All ({cnernl orders of militia, or other niijitia orders issued throiijili or by the adjutant- (ic,.;.r.ii onias poncral, shall be held to be snlfieiently notified to all persons whom they may eonecni, by tlieir imw imiitu.i. insertion in the Canmln dazctle, ani(iii, atid by postinj; a copy thereof on the door of the church or of some eourl-lionse, mill, or oilier |iulilic place, in each comp.iiiy division in such regimental or battalion division. Ilnd., f. 10.">. 117. 'I'hc production of a commission or aiipointment, warrant or oriKr, in writing, pni iKirling to be granted or made according to tlu^ provisions of this Act, shall hv jirimd Jlnir cviilinee ofsticli cimi- mission or appointment, warrant or order, Viithout proving the signainre or se.il thereto, or t!ie authority of the person granting or making such rointnis.iion, ap|iuintiiient, warrant or order. Jbid, s. 100. 118 Kvery bond to the Crown entered into by any person under the authority of .1.1.. .\< i, or according to any general order or regulations made under it, or for the purpose ol siiming ihe payment of any sum of money, or the performance of any duty or act hereby retiuired or aiitluirized. before any judge or justice of the peace, or officer therein authorized to take the same, shall be valid and may lie estreated or enforced accordinely. Ihid., s. 107. 119. Every sum of money which any person or corporation is under this Act liable to jiayor n jiay .s,,iiis.,rin,inLy to the Crown, or which is equivalent to the damages done to any arms or other pro]ierty of the ( nnvn p.i) ill.- tn iiic used for militia purposes, shall be a debt due to the Crown, nii(l may be recovered in any manner in which such debts may be recovered. Ildd., s. lOS. 120. I'jvery action and prosecution against any oilieer or person for any thing done in put-iiance of this Act shall bo laid and tried in Lower Canadti in the district, and in I'ppir C'iin.ida in the county, where the act complained of was done, and .shall not be coninieneed alter the end i'ih^ih"' of six months from the doing of such act, nor until one inoiuh's notice in writing ol' the action '"''•'■ and of the cause thereof has been given 'o the defendant; and in any such action the delendant may plead the general issue nnd give thi.s Act aud the special matter in evidence at the tritd; and no plaintiff shall recover in any such action if a tender of sufficient amends was nimle before the action was brought, or if a sufficient sum of money has been paid into court by tin; del'eiiilant after the action was brought. I/nd., a. 10!>. 1*21. If a verdict jiasses for the defendant in any action referred to in the next ]iiece(liiig n |.iii,;iiin .section, or the plaintiff becomes non-suit or discontinues the action alter issue joined, or if on iHiu-^'iii, ,Sti' demurrer or otherwise judgment is given against the plaintiff, the defendant sh.ill recover bis full costs as between attorney and client, and shall have the same remedy therefore as any defendant hath in other cases; and, though a verdict is given for the plaintiif, he shall not have costs against the defendantj unless the judge before whom the tiial has been had certifies his approbation iMijit viiiii of the action and the verdict therein. Ibid., s. 110. 12'2. All sums of money required to defray any expense authorized by this Act m.'iy be paid out of the consolidated revenue fund of tliis province, upon wa'Tant directed by the (iovernor to the Receiver General; and such warrants may bo made in favour of the adjutant-general iiiU .\it. of militia, to enable him to pay such expense, or in favour of the party directly entitled lo the money ; but no sum of money shall bo so paid out of the consolidated revenue fund until first approved I'mvUi). of by resolution of the Legislative Assembly in the annual estimates. Ihid., s. 1 1 1. 123. A detailed account of all moneys advanced or expended under this Act shall be laid .^iTmniiin^ lo before each branch of the provincial Parliament within fifteen days after the opening of the then l'"iliiii'^i"- next session thereof. Ibid,, s. 112. 124. The Interpretation Act shall apply *o all regulations, orders, and articles of engagement ii.t.iiiniaiioi', lawfully made or entered into under this Act. Ibid., s. 114. 125. The word "corps" shall, for the purposes of this Art, include any field battery, troop liiiiT|'r>uiion of cavalry, foot company of artillery or rifle company, or any battalion or regiment, 22 Vict. ''"'•*'■■ (1850) c. 18, s. 20. 126. The Acts 9 Vict. e. 28, 13 & 14 Vict. c. 11, 4 & 3 Vict. c. 2, 12 Vict. c. 88, & 12 Viet, o. 80, having been repealed by the Act 18 Vict, c . 77, all A-ts and laws repealed by the said Acts or any of them shall iieverthelesg remain repealed ; nnd all offences coinniiitcd agtiinst them or any or them before the said Act 18 Vict. c. 77 came into force; EhuP be pro^'cnteil and punished under he said Acts and laws which shall remain in force as to such olfeiice.s. IS \'ji t. c. 77, 8. 1. Criju II umiiT llii- .\il, lion- r^i I'Vt r.iMi'. I'Mlll'llil'll (if ntlic, rs, A.('.. ill 111' l/inilalioli of llL'tUMI. ■IVii.Kr .if aiiu'llds. N'.i COSH ngaiitst lL''.'liit,inl n|i|ir.>v.il .if JMliJO. I''\imnt (if . (Jticvs iitttkr Tliiiipi tlone iii!i!<.'r Acii tiU'it. (10.) B 1 m I s^ ^A^ 1' ! U' • J ' li -1 li Kitcl. 3 in Ko. J. ( ir. ) Enclosure '2 in No. '-'. An Act to nmiml the Act rttpccting the Militia. Wlicr(MS it 18 cxiHiliont lo mnki- tin- lolldwin;; provisions in amcinlinpnt of clinptrr ■').'> of llic f'on- noU'l.ito I SMtiilcs nl Ciiniil:!, iiitinilrd "An Act rispcclin^' tin- Militia, " tlicnforc Hi-r M.ijcslj', livnnilwitli llii' advici' iiiid con.TMt of tlic liO^^islative Council nnd Asaeinlilv of C'liimda, enacts n-^ )i)l'o«x : — 1. Tiic f illoniiig panigrnpli sliiill Ik- addid to the 'JOth section of llio said Art, and slinll ninkc part tliercnf: — " 'I'lif <'oinniaiid<.M-iii-cliic'f niav, wliencvor lie d. provided by the foregoing provisions of this S.llidU.' 2. The 'J-.M »eclion of tlic aiid Act ia hereby repealed, and ilie followii.g section slmll be substituted for it, and brar llio same number: — " •_':.'. 'I'he active militia (if the province, in time of peace, shall confist of volunteer troops of cavalry, mil larv Ir.dii. field hitleiiis of aitilleiy, iiarrison batteries of arlillery, com|)iniies of engineers, and (Oiir>i ie ol'i ti ti'\. lid III lint' and iiaval ( (iiii|iani( .<, to be arnu'd and ((|uip;ad a('roi'diii<; to llieir res.i.iliw- .■ii\ice-, an l to b,' I'urinrd al siicli I'laces and in such manner a.-> muy Ironi time to time be d'ii,'ii ltd or ordered by the coiiiinaiider-in chief; but except iis herein-aflcr provided the tola! strength o! such volunteer corps ?liall not exceed 10,0(10 olliccrs and nxi-n in clao.^ A.'' ;). I lie liillouing panigrapli shall be added to tlicSlst section of the said Act, and shall make part thereof: — " ;1. Kacli voinnleer militiaman shall, in the discretion of the commnnder-in-cbief be supplied with tinif()ria cloihiii}; "bile on drill or service, or receive such sum not cxceedinj; six dollars per annum in liiu thcieof, as may bo directed by the coinmander-in-cliief; such clothini{ or money to be tielivered to the non-commissioned ollicers and jirivatcs, on such conditions and upon sucli security as the tommaiidci-in-chicf may direct; and in all cases, uniforms, arm^, and accoutremente, the pro- pel tv of the ollicers of battalions or companies, issued prior or subsequently to the passin<|; of this Act,' shall be reci'ived, held, preserved, and recovered in all respects, as if the same were the property of the C'ro«ii, and shall have all the privilejies incidental thereto." 4. The il2d section of the said Act is hereby repealed, and the following substituted for it: — " All arms lent by the Imperial Uovernment to the province, and all accoutrements furnished by the I'rovince, and distributed to the officers and men of the active and volunteer militia shall be accounted for by those who have received tbein; and in those localities where there are no public armouries, the commander-in-chief may prescribe such precautionary measures as be deems expedient 'or the safe kecjiing and in good order of such arms and accoutrements, and for the rc-delivery iheieof to such ollieer as may be appointed to receive them, whenever the comniandcr-in-cbief for any purpose directs such rc-delivery. 'i. The commander-in-chief may appoint brigade majors not exceeding one for each military district, and may from time to time regulate and prescribe their duties. Each of the said brigade majors shall be paid by the province at a rate not exceeding COO dollars per annum, and travelling expenses. C. The "lOth section of the said Act is hereby repealed, and the following section shall be sub- stituted for it and bear the same number:-- " 40. The non-commissioned officers and men of the active militia (Class A) shall be paid for each day of actual and bona Jide drill (not exceeding 12 in number) the sum of 50 cents per diem, and a further sum of 1 dollar per diem for each horse actually and necessarily present belonging to and used fiU" such drill by such non-commissioned officers and men." " 2. Notwithstanding anything contained in the 38th section of this Act, such days of drill need not be consecutive, unless so ordered by the commander-in-chief, who may also determine the manner in which such number of days of drill shall be computed." 7. The 43d section of the said Act is hereby repealed, and the following section shall be substituted for it, and bear the same number: — " 43. Each scrjfant-major of a volunteer field battery of artillery shall, on account of the great responsibility attached to the office, be paid by the province, at the rate of 200 dollars per annum; ami the cominander-in-chief may from time to time appoint musketry instructors, non-commissioned ollicers or other competent |)ersons to be employed in drilling and instructing the officers, non-com- missioned officers anil men in the several corps of active and sedentary militia : " Each of such musketry instructors, non-commissioned officers and other competent persons so employed, shall be paid by the province al a rate not exceeding 1 dollar and 50 cents per diem when so employed." 8. The active militia shall be paid on such proof of the performance of drill required by the said Act, at such times and in such manner as the commander-in-chief may from time to time direct. 9. In the time of active service in the field, and whenever the militia or any part thereof shall be called out by rcuson of invasion, insurrection, or imminent danger thereof, the officers, non-coramis- 1.5 of the f'on- Ilcr M.ijcsty, ul.l, IMlllttS Hi mil ninkc part iTtcd roll of f ollicer coni- iicli c'orrcrtifl ifions of this btf aubstituted tps of cavuliT, iijriiicfrs, ami idiii;^ to ilifii III' U) tilllf 1)L' (Icil tliL- tola! J simll niiiku supplied with rs per uiinum inoiu'v to bo ell security ns ente, the pro- issiiig of this the property ir it : — furiii!mmissioned s, non-coni- t persons so diem when by the said direct. eof shall be on-corainis- <,!» ( 17 ) •roncd ofllccri, and men of the militia to called out for active service »hall be paid at such rites of daily piVi and «liall receive inch allowances in every roped, m nre paid and allowed to officer* and men of the relative and corretponding rank ur ^radc in llcr Majiiity's army. Coiirs F(in Gknfhai. Shivk r. 10. Tlic coinniandtr-'ai-ehief may. in the event of war, r.iisc, in addition to the active a^ui scdentiirv militia of the province, re;;iincni!< fifiiiilili.! by volunlary cnliMineiit fir (•eiieial sirvice diiiiiifr lucli war, and for a reasonable time after its termiiiation ; such re^'imeiits to be sulijcct to all the provision* of the said Act rcs]M.'ciing the militia as hereby amended, DitiLL Associations. 11. The cominander-in-ehicf may sanction tlie orj.'aiii/at'nii of a?4Uillltrni. Ki. For the foliowiuj; rc.i-t be ac(|uired !)y long habit, or it will not stand the test of active service, wliere excitement and daiiL^er so often deprive the mind of its ordinary functions. I j. (lencrals of disciplined troops move their armies into action with confidence and freedom, fur lliey know by their system of discipline they can " keep them in hand," and trust to ihein in the hour of (iiinger and excitement. ICi. We do not Uiink that discipline and mutual confidence, wliicii arc so essential to the organization of an army, could exist to any great extent in a body composed of independent companies, 17. Kven were these iiKi«'j»j*r<5ent companies formed into battalions for service, we think that captains who bad been accustomed to be independent would never submit with confidence to strange lit uteiiant-colonels, nor would lieutenant-coloncla liave confidenei.* in independent captains unused to submit to discipline. The necessary chain of mutual resuonsibility would be untested, the licntenant- ciiloiiels themselves would be unpractised, and the whole organization would produce but little conlldenie in the mind of a general. 18. We consider, moreover, that esprit de corpa is as essential to success in the organization of a militia force as discipline. H). I'or these reasons we recommend that the whole force of volunteer and regular militia infantry of the province be formed in complete battalions, and that the people of each locality be encouraged by the iiature of the organization to feel uii interest and u pride in their own trained battalions. arn rail cnil Militflry ilit- trliMs. lli^iincDUil (li,tikis. Si'dfntary l)nttiirK)it tlivitioiis. Ai"li%'o b.utji- lions. Active cotnp;uijr. divMoii. St'i't^nl.iry l>:it- taliuM itivUiuns to l>c iiitide to correspond witli active company (livisiouf. Citiej to l,e iiMJiLiry dis- tricts, nnd fiirnisli vdliin- tter or regular militia. Nuinlier of rsginieiits. Regular Militia. 20. We recommend that the province be divided into such " military distrietB " as the eommandev- in-chiet may from time to time direct. 21. That each nulitary district be divided into " regimental divisions." 22. That in order to facilitate the enrolment, relief, and reinforcement of an active force, each regimental ilivision be divided into " sedentary battalion divisions," and be subdivided into " sedentary company divisions." 20. That each regimental division shall furnish one active and one reserve battalion, to be taken as nearly as practicable in equal proportions from the male population of such division, between the ages of 18 and 45. 24. That each company of an active battalion, together with its corres^; ending reserve conii)anv, he taken from within the limits of a defined territorial division, the boi ndarv of which shall be identical with that of a sedentary battalion division, or of a distinct portion of such division. 2."». That in order to accommodate the sedentary battalion divisions lo the organization of the active battalions, the limits of the former be, where necessary, re-arranged. Volunteer Militic, ■■•■-. • ' , .■;..' 2«. We recommend that each of the jirincipal cities of the province, namely, Quebec, Montreal, Ottawa, Kingston, Toronto, Hamilton, and London, with such portions of the surrounding country as may from time to time be added to them by the commander-in-chief, shall constitute a military district to be divided into regimental and sedentary battalion divisions, as herein-before detailed"; that they be allowed to furnish volunteer militia of the three arms in the proportions herein-after detailetl in lieu of active battalions of regular militia. In the event of these cities failing to furnish their lull complement of volunteers, they shall in part, or altogether, fall under the general regulations of the regular militia, in such manner as the commander-in-chief shall direct. 27. That all the regiments of volunteer and regular militia sliall be numbered from one upwards, the numbers to be drawn by lot. Retired ( in •) Tl cuni|)uiiv, ih-M be Montreal, :; country military detailid ; reiii-arttr o fiiriii^li gulutioDS upwards, Retired Rftirfd /Ml •]i*. Wf rn'i'inincml tliat nil iittii'rr-^ of llir iictivc or rcsprvc oorps who liaxp nrrivt-d nl llic rollo«in' atii-it in cncli ruiiii rc-iirclivi'ly, iinii nil olficcr!" of those corps who luiiy liiriaficr arrive ut thote iiirr*, in i-acli rank, may li ■ plaicil on llie rctirrd li-t, roccivnift n step oT honorary rank ; l''iclc| ortieer», inider the rank of colonel, ul (>0, Ciptains anil >ul)allerns, nl 50. 2!l. Tint all men aliove the ai{o of 45 t bein^' offii ers, who «liiill elaim exrmption on iiveoniit oT ;ij;r, shall be eoii-iiU'red on the retired list, non-coininit'oioned ollieer* retaining; their rank. ;iO. Tliat olliecrs and men ol' the retired list under the aj»e ol' (it) niny he reeinired to serve in ra?es ol itieat enirr;,'cney, but above that aL,'e ihnt they be liable to serve only in ea-e of a hri'r m mat-'''- J'rn-.aiiriir Stuff. 01. We reronnnciid that a jirrmanent stall' be allowed to each eity tiiiiiishini; volnnteer militia. con^i•linJ» ol' one town adjutant and one slalT serjjeant-niajor to each hatlalioii. ,'!;.*. That the town nd|nlnnt (-hall be under the orders of the colonel of the district : shall ha\e fjcneral siiperinlendonce over the almonries and stores, and have control over the stall' seijeant- inajor^ ol battalions; shall nrke out all returns, tcrtilicates, vulls, i^c. tiial may be reipiired ; shall underiake the official c()rre-|iotideiue relating; both to the sedi'Utary and active militia ot the district; shill carry out the iiistruetionil ol the colonel of the district with respect to the ilrill and iiisti nction of the olliecrs, noncoinmissioned officers, and men of the volunteer ne.d rej;nlar militia ut all times of the year, and shall act as paymaster of nil the corps in the district. Xi. Thai a pcrinanent stall" he allowed to each active battalion of reirnlar militia con-istiiiL; of one ailjiitaiit and one sinlf scrjeanl-iuajor. ."J I. That the iidjutant cf an active battalion of regular militia shall have charge of all nuns, dothiiif;, nnimnnition, books, lolU, &c. l)elon^inL( to the entire activi! force, within the lef^iim iital division to which bis battalion belongs ; shall bo rcsponttible that all vacancies in the active field batte/ies, troops, or coiupanicii are filleil up as they occur ; shall undertake the official correspondence relating both to the (icdenlary and ncitive militia of his division ; he shall be instructed to encourage the officers, non-cominissioncd oflicers, and privates of his corps to drill and pinciise with the >'lle in their leisure hours throughout the year: and affijrd every assistance in his power to any youn^ men who may wish to qualify themselves «.s officers, or to receive military inslruction ; and shall .also act as payiiia.siei of hi-i regimental division. 35. That the stall' Serjeant majors under the control of the adjutant shall have the imineditile charge of the arm.', accoutrements, knapsacks, &c. of their battalions and of the field b.:tteries or troojis allached to them ; shall be employed in drilling and instructing the officers, iu)n-coimnissioned officers, and men of their respective corps, and -hall act as clerks to the adjutants. 36. That the permanent staff be appointed by tin' commander-in-chief, who shall have the power of remnving at pleasure any officer or non-commissioned officer of such stall! 37. T'liat the officers and non-conmiissioned officers of the permanent stall' shall be apptniited for three years only, at the terminntion of which period they will be eligible for rc-aiipoiiitiiicnt to a battalion in another district. The adjutants will be required always to reside in their respective regimental divisions. Estahlishvients of Voluntar and Uegular Militia Corps. 38. We reconmiend that the establishment of a field battery shall be as follows : Officers. \on-commissioned Officers and Men. Horses. OltiiTM on rriiriil iei. Mi'ii nn ll.f ri-tirt-il li«l. l.iiil>ililir. III' iiti'M itn rvliiitt liM. IVrinmirnl I III, if tnliii,. t.'i r iniliii t. l)lllil« of IllM I iiiljiilaut. ririnntirnl sfitl'iil ii-^iilar niiliiia. Dutii'iof iiiljiil.int^ iif riK"'''r niilitiii. Dmiis iif Mud sv'i((iMnt- nijijiirs. AiipniiiliiH-nt nl pvrii.niu-nt sinll. I'cmiT if ilii^niiiis.il. K nlilitlinicnl III' liild lial- tcrivi. Captain - 1st Lieutenants 2d Lieutenant I Staff Serjeants Serjeants Corporals Bombardiers Gunners Drivers Trumpeter 2 4 4 4 44 26 1 Officers - Serjeants Trum|)eter Draught 4 - i; - I - .'ill .\ 8.-. 47 On active service, a farrier, a collar maker, and a wheeler, and 16 horses, should be added to the above establishment. .SQ. That the establishment of a troop of cavalry shall be as follows: Captain - • - 1 Troop aerjeant-major - j Lieutenant - - 1 Serjeants - - - 2 Cornet - - - I Corporals - - - 2 Trumpeter - - - 1 Privates - - - 44 3 .: ■ - - 50 On active aovvice, a farrier to be added to the above establishment. (10.) C 2 Officers - Non-commissioned officers and privates - - .'jO KHlftbli»limeiit '3 of (I troop of Cdvalry. 40. That ,A^ (- 2M ) If 11 * : ■ f i 4l{ KMahlivhmctit of • b«iuliuii of |t«iriMMi artilUrjr or itf 40. Tltat the* ostaliliftlimcnt follows ; Lioiitcnant-coloiicl Majorn Adjutant (^nariiTinaakr Sur^'COM Afi^Utniit »urg( on Captaiiu Liciiti'nant< •]i)MiiiiliA by I'Diiiin.'tiitlL'i* in-cltivf. KtYiiitnt Ikl.l hi-K'cti-il. I'lAniinitioii of (ii'iirliimn jirlnr t(i lip- poinlini'tit. rrotnotioii hy tL-iiiurJiy, mitijt'ct to i'xniiiiimtion a« to cin.it'iic). for r^'.;i|i]iuim- lIU'Mt. if tjuaiilicil. I'Vci to In* paid uii appui'it- munt ariJ pni- inotion. iMiiinlniniiig volunteer militia. Knrolmdjt of Activu Diililia. Active force to 1)0 taken frcm unmarried men, Ste. Siilisiitiites may be pro- vided. Service of volunteer militia. Service of regular militia in active force. I I I I 10 10 10 37 Harrison ariilliry <>r of infiuitry c tail be ui Scrufnut-major - 1 (iiiiUlcriiia"tir-!'|iitul MTfjcaiit 1 l)ruiu iimjiir - - - 1 Sraetieidly ttv^lcd prior to their api'iiiiitiiicnt. 4!). 'I'liat all gentlemen ami (illicer* dcsiriii;.; to hold eommisginiirt in the active force lulow the rank of field onieer.< he retinircd to pas, n praetie.d military examination before a l>oard con^iBlinjT nf three othccri, one bei'ii; a field ndiecr, prior to their appointment to the militia, and that in the first formation of the militia the ofliceis ot the hoard shall he selected from the ie<;nlar servirc. 41. We also recommend that promotion, as n fjeneral rule, shall take place by seniority ; this fjeneral rule beiii}; always subject to such diviatioiis anil exceptions as the commander-in-i hief may think proper to make, on account of inelTiciency, niiseoiuliict, or other caiivii< of irreu'iilarity ; all olhcers under the rank of field oflicers in the aciive force to he re(juired to pasn a praelited. and who may pleise to quality themselves, shall be eligible for ap|ii>int- nient to the active militia; it beini,' understood that they shall not be retpiired to accept a lower grade or rank than that which they hold in the Bt-ilentary militia, unless at their o,»n recpiest. 40. That all officers of the volunteer and regular militia shall be rei|uired to pay the fullowiii^ fees on appointment and promotion : — Ol Knsij^ns or cornets Lieutenants ... Captains - - - Majors - - - Lieutenant-colonels Colonels of districts Stall" officers according to their relative rank. Method of raising Volunteer and Regular Militia, and conditions. 47. Wc recommend that the lieutenant-colonels of volunteer battalions, and the captains of volunteer field batteries and troops of cavalry, shall be held responsible that their corps are kcjit uj) to their full Btrength, and in the event of their failing to maintain their complement of men, or of their corps becoming inefficient, the commaiidcr-in-cliicf shall have the power of disbanding them. 48. That the active force he raised either by " voluntary enlistment," by " selection," by "ballot," or by a combination of voluntary enlistment and the ballot. The following method may he adopteil in raising the militia : the captain of each sedentary company having assembled all the men between the ages of 18 and 45 belonging to his company division, will call upon them to give the number required voluntarily; but if volunteers do not come forward in sufficient numbers, he will inform the men that it is his duly to fill I'p the number by ballot, iniless a majority of two thirds prefers that he select men for the active force from amongst them, in which case it will become his duty to make his selection in such a manner as to make the pressure bear upon the' families who are best able to support it. If there is not a majority of two thirds of the men in favour of the selection by the captain, he shall at once proceed with the ballot. 49. That in the event of the ballot being a'lopted the active force be taken, in the first place, from amongst the unmarried men and widowers without children. 50. That men taken by ballot for the regular militia shall be allowed to provide substitutes, subject to the approval of the commanding officer of the corps, or to pay the sum of ^'M for exemption from service for three years. 5L That men of the volunteer militia shall be enrolled for a period of five years. 62. That men uf the regular militia shall serve three years in the active force. 63, That nintment < In promotion. n'o (> $1 8 » !) 7 10 1 20 10 rv ,-l all be u« - 1 - - I - - 1 - 1 - - 4(1 - - 40 •• 1(1 • - 710 tH)4 l)y llic coiii- I'olutiticr and , or wlio liaco lioir cHiciciicv CO ImIow flic rd confiHiiiig I lliat III till' civirc. •iiiovity ; this ■iii-( liic'f may •fliilaiitv; all tiial niilitar/ prior to tiii'ir c any officer, |irrnnnuaiinf» ' tor a|i|Kiiiii- c'cpt u lower |iiest. tiiu lulluwiii^ captains ol" are kcjit Jip f men, or of ing tlicin. by " ballot," be adoplc'd iicn between the number II inform the L'Fers timt lie to make bis aest able to stion by the place, from ites, subject nption from 53. That ( 21 ) M. 'Itint men of the rrp;iilar militia thai!, at the rxpirniini) of tlirir drni of >i'r\i(0 in ili- •ciivo tiirre, jinos into tlic riMTVe furco, and continue lu Ih! cnrulicd in that forre, for a fiirtluT ihtumI (if lliree year*. 54. That tlio (iergcanlB of tlip voliintcrr and regular nnliiin bo rnrour.i):cd. at tlip i xplrnlion of llii'ir fir-.! loriiH of terviro in llic iiclivo force, to re-oii);n;;c for n further |KMiiid of five vcars in llic volunteer militia or oovc ii yeari in tlio regular militia, rcceivin)» at the expiration of 10 jrar* mtvicc in the active force a gratuity of .'«'40 ; and that any «erj;eiint who may retire nt tiie cNpiration ol bin Hm term of ocrvice may b<< replaced by any corporal who has complctiHl hi« tir»t perind of tervice, such promoted corporal to receive the same grant at the expiration of hi'* U) year* wrvicc. It liiiiig always understood that the aliove-mrniioned re-ongngemoiitK, in both caseti shall be iiibjeri to the approval of the roininanding otJicer of the corp«. 5.'». That any man desiring to change his residence to nnother regimental division shall communi- cate his intention to the commnnding officer of his corps, and shall obtain from him n certificate of lervice, a duplicate of which »liall he sent to the commanding officer of the regimental division to which the man is removed, and he will bo called upon to romplete his term of t'Crvico in that division. Should he fail to present hiiiKself at the first muster in the battalion to whii h he is removed, he (hall (uiilci<8 he can natisfaclorily account for his absence) be Imblo to be drafted for ii full peiiod of service, without reference to bis former service. 5(i. That any man who may rrcpiiro to leave the country shall also obtain from his commanding officer a certificate of service, nnd, should he return within a period of 10 years, he may, on production of such certificate, be allowed to complete his |ieriod of service, otherwise he shall be liable to l>e drafted for a full period. ."»7. 'I'hat all men who shall have completed their three years service in the octivo force .tikI three years ii; the reserve force shall he jilaced at the bottom of the list of men lielweeii |h and 4j yearfi of age in the regimental division, and shall not he liable again to be drafted until every man above them on the list shall have served. Kach man at the expiration of his service shall be furnished with a certificate of service. 58. That the volunteer and active regular militia be called out for training every year. And that the volunteer nnd regular militia be liable to be called out in case of war or disturbance, or any emergency that may arise, to serve either within or without the province; the volunteers and active battalions being always the first to take the field, the reserve next, and then addiiionul active battalions to be raised from the sedentary militia. 50. That all vacancies in the active battalions he filled up as they occur. (iO. Tliat in time of war no man shall be rctpiired to serve in the field continuously fur a longer period than one year; the reliefs to he made by drafts from the regimental divi-ion, or by c(ini|ilite naltalions, as may be found most expedient al the time ; hut tlial any man who volunteers to serve for the war -shall be compelled to fulfil his engagement. (>1. That it shall, nevertheless, be left to the discretion of the commander-in-chief, in cases of miavoidublc necessity, to call upon any volunteer or regular militiaman to continue to ecrve beyond his period of general service, or beyond his one year's service in the field, for any period not e.\ceidiiig six months. 62. We recommend that the town adjutants and regular militia adjutants receive pay at the rate of !<2 a day, and an allowance of 60 cents a day for travelling expenses and forage for a horse. That the staff sergeants receive pay at the rate of ,*>'.300 a year. 63. That the officers of the volunteer and regular militia corps receives a uniform rate of pay at S\ a day, and the non-commissioned officers and privates a uniform rate of pay at 50 cents a day, during their period of training. That the officers, non-commissioned officers, and privates of the field batteries and troops of cavalry receive, in addition to their pay, an allowance of ^1 a day fur their horses during the period of their training. 6i, That when called out in aid of the civil power the officers shall receive the same pay as officers in the regular service. That the non-commissioned officers and men receive pay at the rate of ,>' I a day, and shall also be provided with lodgings by the municipality retjuiring their services. 65. That on active service in the field the officers, non-commissioned officers, and men of the volunteer and active militia receive the same rates of pay and allowances in every respect as in the •cgular service. 60. That the permanent adjutants receive a sufficient contingent allowance to cover the expenses of postage and stationery, and that one adjutant in each military district shall receive an additional allowance to cover expenses incurred in postage and stationery by the colonel commanding the district Arms, Equipment, and Clothing. 67. We recommend that the volunteer and regular militia artillery be provided with field guns, harness, saddlery, \c., that both gunners and drivers be furnished with swords, and that I'i short Enfield rifles be allowed to each field battery. 68. That the cavalry be armed with swords and carbines, and be provided with saddlery, valises, and cloaks. 69. That the volunteer and regular militia garrison artillery and infantry be armed with rifles of the latest pattern, and be furnished with accoutrements, knapsacks, and great-coats. 70. That each volunteer militiaman shall receive an allowance of ;^'3 a year in lieu of clothing. 71. That the regular militiamen be supplied with clothing while on drill or service, (10.) C 3 72. That 9' Hi '•ir» of tilfuUr iiultttA I'I 't M r»« fv»rrc. N fi** •III* tn*y n •* itg*K*' ^<>f a ■CTiMll \H MImI 1)1 «cr%i(V. Viiltitiietr ur tiKa<>gi llti ii li.-ittM;{ tilt- (Diititry, |*|ori»lur>' .il I kpiriitHiii iif iliri'o yvnr» I/iiliiliijr (n lit I (1:mI (lilt for UMMiinj] BiiiJ Vfl'*ftiui*."i t(i lii> Hllcfl u|> nt lilU'l*. iVii...ior iU livi- '( t\Wv in iIk> I'm I I tiiiiiU'il III urt \fnr. INm.rof rtumiiHMdt r-* iii-i'liiif ((I ri'tiiin vtiliiii* U'i'rsnr tnililiA* men after cxiMrHtiun of svrviic. inuiivnt ktafT. Tay nf voluiv tfiT n\v\ n-ffiiUr niiliiia lurpn iluriiig iTitiiiing, P.iy when in aid nf civil powt-r. Pay on active ftcrvici'. Contiiifjcnl allowance to ^(IjutatitB. Arms, Ac, of liclit liattvriui. Arm*. Ac, of cavalry. Arms of f^arri- Ron anilli-ry and infantry. (loljiiii^of vuluiitccr militia. Clnthiiig of militia. .\^ I 22 ) i!J«|i Arttfl** In ti* kvfil in Itorr, 1*lonr«f»' t4lol», tlritm* anil iMlJlir. '.' 'I'liiit Ihi' arini. lu'i'iiutrrmeiiia, kiinpoicka, and ^rr«l-rualt of kII rorp« Itf kr|it in >t iii alorr ; \\\f»v «iliclci« in l)r »it>-'(I i.m to tlir iiirn uhi'ii it II ilrpinrd rx|HM|ii'nt liy nnlrr <( tin' i'<>iiiiiiiiniiiii(( ulliriT. 7>'l Thai a roniplcln ut of piunperi' tiMilo nik) iiiinlcniciiu Ik> krpt in rarli rP(tiinciilal atiiir. 7t. 'Hint n •iiffii'ieiit (iipply of ilriiiii* niid bu);lei bo ubtainfd for ilic uti- of tlip militia. 1 } S.A«<)i. for tri||ttiM|(. NuitilMr iif il«jra ttuMiin^. 'rmi'iiii^ (if iv«< nc Uttev. ;> Itikpcrtidn iif Miiliti-i. '^ Milllin riir|i% 111 Ik' t-nriiin|irii r'i ■ I'lfiiig (raintntc ! Trmiiln^ i»f :. t » "JH dnj»; lliot it nhnll iicvi-r he Icsa ihnii liiixt additional drill lor rrcriiiU wliohuvu iioi Ihm'Ii prctcitl at any former tiaiiiiiig 77. That it ihall Ih- in tin daya training; in canh year, 7^. That cvrrv i-orpn olaciivi' militia Ik- intpcctvd, during it* period of truiniii|{, \>y «uch offiorr ai \\f riiinnmntitr in-('hi(>l' inav ap|>oinl. 7». Tlinl iiiililia rfirpa hn eiirainpod, wlicii prarticaMc, duriii)r tlicir period of trainiriff, and th.il l!i>' men he eiicniiraKiil to inci toj^elher and prooiiro their proviRioiiii lij contract, camp kellleH beiiii; provided lor their ii»e. HI). 'I'hat ihc toliiiiieer militia alinll bo rei|iiircd lo drill for the same numl)cr ofday^ ai* llic rpftnUr militia, leceiviiif; the aaine rati; of pay liiiriiiK (heir peiiod of traiiiiii};. lint us ihc compogiiion of tlie«i' corps will 1)0 dilFerent from that of ihe rejinlar militia, we recoiniiieiid that the |>eriod of drill iiiiiy he divided, at llil' diicrction of the comiminder-iii-chicf, to luit the convenience of the voliinteei-. lint to ciifiiire the corpit beiiijit |)roperly truiucd to battalion innvLMncntu, we recommcnil that a curt^iiii tiiinilier of dny^ drill be always eonMecuiive, and in the siiminer niontiis. Hi. 'I'liai nil annual niiiiiter of the sedentary militia gliull lake place, anil that absentcei aliall he called upon to pay a iiuKleralc coianiiitotion in CMC of iiuii-attendaiice. '*. ') •It ! I 1 *r*i ; ' Ui i Drill |;roi)nil lur \nliiiilvt>r. Ill ill ^„.w.t\ Hlhl ,l.,i.-, ,Sii-. lur iiiiliii.1. Site* to be ii|i|iri)Vf(l of l>y roinniander- in-cHef. Kcgislraiion of iii-ufurii>g nu'ti. J)rill Gnmntb. — Armorifs and Stnrft. K'2. Tliat a ilrill ground be provided in, or in the viciiiity of each city that fnrnishe» volunteer mililia, and that a suitable building be provided, contiiiiiinir an armory, ma<(a/i lie, xtore rooms, orderly room, finn theiU, \c., the arms and Flores of each battalion being kept separately in chiirjie of n staff .'iergeanl major. This building to lie eiiclosod within a wall capable of defence against Hiidilen attack. H'l. That a siiifnhle drill ground be jirovided in some ii'lvanlageous central position in each regi- mental (liviyioii, and that a stone or liriek building be erected on the drill ground, containing a store, armory, inaijazine, orderly room, shifting room, and (piartcrs for the Serjeant major; this building to be enclose within a stono or brick wall capable of defence against sudden attack, and that gun clieds and stores for saddlery be added where required. 84. That the selection of the site for these drill grounds and buildings be subject to the approval of ihe eomniander-in-chief. « Brgistration of Seafaring Men. 85. That nil seafaring men, and sailors on our inland waters, actually employed in their calline, and who shall Oil that account claim exemption from militia service, shall be rt^gistered; and that they shall be trained to the exercise of guns of heavy calibre during the winter months, nnd Uir.t for this purpose ninrin-' companies shall be formed at such places as the commander-in.chief may dirv-'-t. General Distribution of Volunteer and Regular Militia Force in Canada, 8(i. We propose that the volunteer and regular militia force shall be raised throughout the province in the following proportions : VoLUNTEGB Militia in Upper Canada. Cillea uno .Oiitricts, ' Field Batltrles, 85 itrong. Troop., Battalion Catalry ?'m!""' Battalion Infantry, 804 strong. Total Strength. Ottaws ...... Kingston » ...... Toronto ..... Hamilton ....... London ...... 1 1 1 1 1 i 489 539 1,743 889 489 Total Volunteer Force in tipper Canada • 5 2 1 3i 4,149 Regular 489 539 1.743 889 489 4,149 *^, r 83 ) Rcat'Mii Mii.iTM IN Cppkr C«N«n* Cilin uiJ l)i>f», : iiMiftiMMt HaiulMin H tttmif. I'atdry, JOMnm|. 1 Artillet,. 1 MMMto^ic. Infantry, 'I'.iUl airtniiih. ., I.t.d'' 1 1 I l.T'M — . 1 1 « 'i.\m — 1 _ :i v.ifi'j _• _ \ ;».•:»«( .. _ M 4.H74 1 1 « 'IM', _ 1 •1 XMiti — " — 1 !N)V ti II t ■JV 'J».:»8'.i .; • 1 1 •'i 4.110 III 'i'.i U7.5:U ViiLU.Nir.tat Mii.i'i'iA i.n Luwku Canau.a. Qufl>ec Montreal ... Total Voliintet'r Forte in Lower L'anuila .^Iilita^v Distrirt No. \* No. 'Z No. ;i No. 4 No. r. No. (i No. 7 No. 8 No. 9 No. 10 Total Militia h-- LoM-cr Cunada Add VoUnitecis in Lower Canada Total Force in Lower Canada I 1 1 1 ; 1.743 - 1 2 « S . .3.101 • »j ;i i} 4 .1.114 ,IT1A IN- I..owF.it Canada. 1 — . — — •2 l.(i08 — o — 'I 1. 70S — — — 1 S()4 — — — :t •-Ml'-' — i> 1 t> 'JMJ — o l.liOh — — — ■.i 1 V,4I'.' • t _ 1 3 '2A&2 1 3 — — • '2 1,843 1 8 1 'JO 17.3(i!t 2 .') »j 4 1 /i.l^t 1 ■ 3 11 3 24 2'.'.5l:; * No. t Military Dittrict will furnisli no men f«>r ilii.' -4cli\L* furL-i', but will hit vxpecttttl to regitlvr a UVijf prcpurlion of hou- &ring men. Keoulau and Volunteer Mii.itia. Force in Upper (Ji.nudu Do. Lower C .ladu Total Force in I'rovinci' Add Reserve I ! 16 ! 11 r, .3 27i 21- 1 i 27..531 2'Z.';i3 1,, ! 'i7 ft .51i : 50,044 10 27 8 51i .■.0.014 Practice and Service Ammunition, 87. Tlmt all corps of volunteer and regular niilitin be ruriiished with a '^iitticiont (juantity of blank Ammuniiion. and ball practice nnimiinitioii, and that u .supply of 10 rounds of service- uiiiniunitiuii, per man, be deposited in each regimental magazine. ' ' - - Privileges of Volunteer and Regular Milifin. 88. That the arms and accoutrements of the officers and men of tin volunteer and regular militia, Ktcniitlon of and the horses used by them as such, shall be exempt from seizure in execution, and from distress and nnm, hotw%, assessment. ^':'- •■""" 69. That the otiicers, non-commissioned officers, and men of the volunteer and regular militia, shall, ^. while on drill or service, be exempt from serving as jurora or constables. -'emp looi m (10.) C 4 latonr of OfFEN'CES voluntetn. II 1 $ f in|)riw>nin(*iil in t »v iiT rftf...,!l..| ,.!>- llllMlt uf litU- to <«iIkU'* I'f aiM'iiiMi. i'i>r ('.iHiii;: nut t.f ti'con I iMti.i- liotu ill tiiiiv uf wiir. n.piity ■^^isiaiii i|ti ir- tL'iin.iitiT, gvntfr.il. ri>lom-l« of (Ijstlillt, Militiatnuii to ti^n SIT k ice rul). Kxernpllons to bu few. Orner.il sui VILA.' corp*. rifft'iicf :'.n(l forti not niviitioiu'd. ;1 Offencfs and Pesaltifs. 90. We reoominoiid tliat niiy perion »lio slmll fiiil lo pay any fine awaiijed to liini ns a penally for nny ufl'ciii'c against tlic Militia Law gliail Ix' liublu to inii>rl8iinincnt. !»l Tli.it tlio iiiiliti;i, wlifii called out lor tniinin;:, s-rvici-, or in nid of civil pnniT, and every ofliciT or man helonirini; lo if, shall from tlio tiuif he has been ordcriil, lak'i), cr dralled for siiili «civii-cs, l(c milijcet to tii'.- Articles of War and to tlie Act l">r puninliini; miilii;y and desertion, and nil oilier laws then applicahic to Iler Majesty's troo]n in this proviiu-e, and not .iiiionsistint with thlii Act ; except that no iniliiianian ihall he subject to any corporal puiiirfliniunt except death or imprigoniiicnt for any contiaveniion of such laws, and ex^^rpt also that the cominander-iii-cliicf iiiny direct that any pruvi-iions of the said laws shnll uot apply to the militia. IVorkinf) oftht Si/item, 'J'2. In the event of war, the proposed system would work in the following manner : the active force consisting of volunteer and ref{ular militia would at once lie nsH'mhIed and encamped on their respective drill f,'roiinds, and the deputy-assistant quartermasters general would make the necessary arraii;;ement^ ai to tran.'^port, &c. f asacmblc a hall, in cnac inj; also the insport that communica- n which the of war, the listmcnt for ccommenda- )ints by per- he province tand ilmt a have, never- ill view the over, in our nr with the werfiil force le same for LD. Vi ( 25 ) Enclosure 4 in No. 2. • KILL. A\ Act rrxprctinfr the Mimtia. IIfr .M.\.if>TV, l>y and with the ailvice and eonsient of the I.egitilative Council and AsM-mbly of Canada, enacts ;is fullows: — 1. The thirty-fiftli clianter of the Coniiolidated Statutes of Canada, intituled "An Act rexpcctinft the Militia," is hereby re|KMled. liiif siicli repeal siiall not revive any Act or jiarts of an Ait, or any provi- sion ' an officer holding a commission in the militia, if he desires it and is not disableil by bodily infirmity ; and no ]ierson shall have the benefit of such exemption unless he has, at least one month before he l'»'"iiii'»i claims such benefit, filed his claim thereto with his affidavit (made before some magistrate) or affirma- ".""' 'i' , tion in cases where persons are allowed by law to affirm, of the facts on which he rests his claim, with !,„„ inJud. the commanding officer of the company within the limits whereof he resides ; and whenever exemption is claimed, whether on the ground of age or otherwise, the burden of proof shall always be upon the (10.) 1) claimant: \l %l v% • v? f 'i ; i iv,„ rl.iiiimm: IViwiilrd tliat in n'i>pi'(t to M-affirinp men, who may lii> rojii-tiTi'd in tl ic marim> ini ririii;{ Mil n tif nipluii). rciiuircd liv llic ono InnidriMl and tliirtccnili M'ction of tliU A. t. llic prodiK ti nv iicrriciti llicroui litiii III. limit'd (if till' ciTlilii ate i f rc'l-tratiun U) llic Kninnanding olliccr \\i\\ rcpi^tratioi rnmmnnrt. r- iliti I |>pt'r ('.in;i*t.t iiii't I.o»( f 'uMiitla iiiln iiiilit.ii y (listrict^, Hint liKiy hIut ^-I'I ('■ Cnliinil I.I I.I' lllll>>>iflf<'.l t» I'lii'lt niilit.iiy U(Ki'i"'»t:ll M'.lt iitiiry I'iit- tnlioii 1111.1 M .Iviilaiy t iiin]>;(liy (tivi- vi.lM', t'xi^liiij »)i«i- Mtins I." itm liil littlil iiltci. .1. Ucgiiiii-t.tiil llivl^i.>ii to i'lir- liisli ir^ Jar ntxl ri".(rvc' liiittiilion, Wlit'Tiro i'luii- pllllil's (if rf^in'ur all. I ri R. r\i; li it- t.ili.ttis I.I lit* l:ik('ll. NuilllHTill,^ III' Mlltlll1l'lT«, tiv'.ilar .111.1 Il'S.TVC h tl- t.iliiiiis, ('.iiimiiiii.Icr- in-i'liu t' 111 ly \,\wv I'trliiiii (illi.'.rs (III ;i irtiri'.l ii.-t, ami may j^ivc ^tn-'>i ml li.imiiai V rank. Ami may Irans- IVr roiirid oIliflTS III scilyntary militia, (-iiiiimis..iuns to bi' iluiin;.; jiUasiir.'. Mow raiii- (nniinis<.i.)il.'.l uIHccrs shall lie npiioinli'd. Offiivrs nlll^l l)L' Slllljl't.'l'- .il' Hit Maj.'sly. K\istiii.» I'.im- niissiitus ot' i.niccr^ I.) n-inain until caiHvlli'.l : 11" pvis.in liiiiiiiii I.I serve in a lower gia.Ii' MianlieliaslieUl. Battalions etn- ootiie.l m ls:t7, 1K;18, ls-l«, and HIT. Jlilitary exanii- nilion ol' ollieers of netive militia below Tank ot' fieU olliier. \NI) DlVI.SIOVS. Mil III \ Divrnii r- 1 I. The ( iininiandcr-in-('hicf iiiav from time to tiim- hy any militia iri-ncral order, divido I'pper and F owor ('aiia>i:i ri-piM tivcly into Mi'i'h numliiT of military districts as lie ileems cxpcdiiMit, and to U- di-i"-iiattd a- he sec- tit: iiiid laav from time to tiim' liv any militia freiipral ordt-r, alter snili division of the iiroviiicf into military illstricts ami im-reiu-e or diminisli the niiml.er thereof. \'J. To eaih inilitiirv distrii't a colonel shall lie apiMiinted, who bliall command the militia in snih district, ami all coiiiim'mi.ationv ^hall pass llirim>;h him in reference to all corps ami h.iti ilions within his command. 1:5. The eoinmaii.!er-iii chief ma\ from time to time, hy anj- militia jreneral order, divide the military (li-l'r'icts respectively into re.uiiiieii'tal divisions, and the re^^imeiital ilivisions into .sedentary hattalioii divisions, ,111(1 the .-^I'llcntary hattalion divisions into sedentary company division.-, atid may' designate such divi^i.iis liy ; tU'li naiiies or niimliers as hr sees lit. II. .Ml militi.i tlistricts and divisions existiiiff hel'ore the jiassiiio- of this .\ct shall rem :in in force until aileicil imder ihe provisions of this ;\cf, and such of them as are allowed to remain unaltered ^llall lie held to have lieen made hy the proper authority under thi? Act, and for the purposes thereof. l.-). Kacli reuiniental division shall fiirnisli one re^uliir liattalioii and (me reserve Iiattalion of active militia from tlie male pnpid.ition of such division, hetween the af,'es of eighteen and forty-five years. 1 1!. Kaeli etmip-iny of a rej,'nlar Iiattalion and each company of a resprvc battnlitm shall be taken from within the limits of a defined territorial division, the boundary of which shall be identical with that of a sedentary battalion division, or of a distinct portion of such division, such ]iortioii to be rciridated by militia fieneral order. 17. ,\11 viihinteer and rejruli'r battalions shall be ninnbered from one upwards, the numbers to be drawn by lot ; and all reserve battalions sh;dl li.ive the s.ime numbers as the regular battalions taken from the" same sedentary battalion divisions as the said reserve battalion.s resjiectively. Onii Kits. 1.-; vslio is to iflv The coiiimamler-in-chief may, from time to time, plaee on a retired list of olliecrs all officers lave arrivcil at, and whenever they may hereafter arrive at the ages in each rank as follows ; that ay, lield olliecrs inidir the ears of age: and who hold nik of colonel, at sixty years of age, and eaiitains and subalterns at immissions in the active tnilitia at the time of the passing of this Act, or who m.'iv bold connnissions in the iictive militia under this Act ; and the commander-in-ehief may give a step' of honorary rank to each such person as may be placed on the said retired list. l!i. Nothing in the next preceding claie^e shall be held to prevent the commander in chief from transferring such retired otlicers to the sedentary niiUtia, either with the service rank or the honorary rank, as he may thiidi proper. 'JO. All connnissitms of oflicers in the militia shall bo granted by the commander-in-chief, and during pleasure. *_'l. All non-commissioned ollicers in the militia shall bo appointed by the officer commanding the corps or battalion to which they belong, and shall hold their raidv during pleasure. 'J'i. No person shall he an ollieer of militia unless ho is one of Her M.ijesty's subjects by birth or naturalization. '_';!. Commissions in the militia and appointments of non-eommissioned officers existing immediately before the passing of this Act shall remain in force, such commissions being subject to be cancelled by the Commander-in-chief, and such ajipointments by the olliccr commanding the battalion, or the same may be placed on the retired list as herein-before mentioned; but no person shall be bound to serve in the militia in a lower grade than he has once held, unless he has resigned his commission or is reduced by senleuco or order of some lawful court or authority ; nor shall any person who has been a non-commissioned otllcer in Her Majesty's army, be bound to servo in the militia in a lower grade than he held in the army, \uiless ho had been reduced as aforesaid. i? t. The next preceding section applies to and includes the battalions embodied in the years one thous.ind eight hundred and thirty-seven, one thousand eight hundred .and thirty-eight, one thousand eight huutlred and forty-six, and one thousand eight hundred and forty-seven, in the cities of Quebec and Montreal, and the said battalions are still lawfully embodied, and commission.s in them are valid under the said section; and the said battalions are subject to all the provisions of this Act as sedendary militia, and may be called out as such by the Commander-in-chief. 2ri. No person shall be appoh.t?'' or commissioned to any rank below the rank of field officer in the active militia, nor shall any officer below such ra-.ik be promoteil to a higher grjide or rank uidess and until he shall have passed a practical military examination before, and obtained a certificate of fitness from a board to bo nameil and appointed by the commander-in-chief, and to consist of three ollicers of Her Majesty's service or of the active militia, or partly of Her Majesty's service and partly of the activ.! militia service, one of whom shall bo of the rank of field ollieer; provided that for the period of three years after the passing of this Act, such board may consist and be composed of three officers 'il > militia, u.<« sciii llicroiii II tlic limits flif date tit" Upper and and to Im- nth (livir-icm itia in .iticii lions witliin tlic military ry l)att!ili(in y designate :in in force n unaltered lie purp(i,- many such i)oards as he may think i \peiliciit. 'Ji'. Field (illicor> of the active militia sliall be .-elecleii fniNi amoiigst -iucli jicrsun, as have servcil ill Iler Majesty's army, or of such othi'r |.i>r- the commaiider-in-cbiel' ma\ tV.^in lime to time direct. 27. f'ominis.-ioned olliccis -hall b(> promnlcd fy'o'ii one grade or rank to anotlicr b\ -cnlorilv of date of ciiinniissiiin, but in ca>e of indliciciuy, miscondui t. iiianilily to pas-; the niilitarv e\aiiiiiiatioii of l!u' l)oanl berein-before nienlinned. or ether causes of irregularity, the loniiiiaiidcr-iii-'hii'f may deviate from such ]iromotion by senioritv ; ^irovided al-o, that the commander-in-chief may iirnmole anv cllicer out of his turn of seniority for di.-tingui^licd gallantry in the Held or for marked military eapacily. i.'H. The eonimander-in-chief shall have full jiower to ajipoiiit stalf ollicers of the active militia vuih such rank as he shall from time to time think requisite or necessary for the eilicieiicv of ti;c niililia si.'rviee; and any such staff ollicers shall have such rank and authority in the milllia a> are held iila- tively in Iler Majesty's service, and their duties shall lie the same for the militia as presi'iibcil for the army by the Queen's regulations. 'J!i. There shall bo in and for each military district, a deputy assistant quarterni,i.-tcr general, vvimse duty it shall be to make himself thoroughlv aci|uaiiithd with tin" roads ami lonmniuicallous and otb.er matters appertaining to the tojiography of his dislrii t, and to furiii>li siu h iiil'ormatinn du the -ubjcd as may be required by the eommander-in-chief, in which duty the ollicers of the volunteer engineer corps shall assist him v^ith the local information they aeciuire. :)(). Any person holding or who may at any time hold a conimission in the sedentary militia, and not above the age of superannuation herein-hefi)re mentioned, anil not plae(>d upon the retired li>t, and who shall |)ass the examination and obtain the certificate lierein-liefore mentioned, may be niipointcd to the active militia: but no such person shall be compelled to aci'cpt a gratle or rank in the active militia lower than that held by suiJi person in the sel M .11 . ll.i.M a;.ail:,u i,„.k A^^i^l.ml i:iMl. rill Tr.insfvT uf t Hiti-r, t'r«i;ii SiUi-iil.iry hi uitivL- lliltaid. Ki > on np- |miiiumu'iiI anil |irii.i.t>iiiin. F!nsigns or Cornetj Lieutenants Captains Majors Lieutenant-Colonels Colonels of Districts r> s 9 10 And staff ollicers shall pay according to tlieir relative rank ; and all monies so received for coiii- niissions shall, ■ y the adjudant general, be jiaid over to the receiver general, and become jiortiou of the consolidated revenue of the province. ACTIVK MILITIA. No. 1. — Tilt; Voi.iNTKKit Fori i;. .T2. Each of the following cities — Quebec, Montreal, Ottawa, Kingston, Toronto, li.nnilto.i and London, with such portions of the surrtmndiiig country as may from time to time be added to them by the commander-in-chief, shall constitute a military district. ''I'i. In each such military district, as last aforesaid, there shall bo formed suc'li uuiiil)cr of volunteer militia batteries of artillery, troops of cavalry, battalions of garrison artillery, and battalions of inl'antry or such portions of each respectively, and of such strength ;is the connnauder-in-chief may from time to time order, the .same being furnished from the male population of such division, belweiii tlie ages of eighteen and forty-live years. 34. In the event of the failure, in any one or more of the military districts herein la^t before men- tioned, eilhi^r in ])art or altogether, to furnish the coniiilcment uf volunteer militia as n ijuired by the commander-inchicf, he the said eonimander-in-chii'f may from time to time a()|ily the provisions of this Act relative to the furnishing of regular militia to such of the s;iid military districts as may be so incumplete. :'l.^. Each volunteer field battery of artillery shall consist of a captain, two first lientcnaiits, a second lieutenant, two stalf sergeants, four scargeants, four corporals, four bombardiers, forty-four g-iumers, twenty-six drivers, one trunijieter, and forty-four horses; and on active service, or when authorizeil by the commander-in-chief, of one farrier, one collar maker, one' wheeler and sixteen horses in adilition thcrcd . 30. Each volunteer troop of cavalry sliall consist of a captain, a lieutenant, a cornel, a troop sergeant major, two sergeants, two corporals, a trumpeter, and ibrty-four privates; and on active service, or when authorized by the coniinander iu chief, a farrier in addition thereto. 37. Each battalion of volunteer garrison artillerry and of volunteer infantry shall consist oi' a Ii( ii- tenant-colonel, two majors, one adjutant, one (luarter-master, one surgeon, one assistant nn-gcon. ten captains, ten lieutenants, ten ensigns, one seigeaiit-major, one (piartermaster sergeant, one ho-jilial sergeant, one drum-major, forty sergeants, forty corporals, ten drunnr.ers, and seven hundred and ten privates. 38. Any volunteer corjvs may enter into any articles of engagement and regulation nut inconsistent with this Act and previously apprijved by the commander-in-chief. 39. The men of the volunteer force shall serve for a period of five years, and no non-commissioned officer 01 man shall i\f anv case, unless legally discharged, leave the same without giving at hast six (lO.J " D 2 months Tii li. |,.iiil 1,1 ron-iil il.itiil I lii'?. lo Ik 111 ililarv ill tl iK. 1 1 I'liiiiMi VI IiiMU-ir II ililiii. Or in r.iiliirt', llii-ii t(i f'tiriiisli U';:iit;ir niiiiiii. KNtiitilNJiincnt K-Iablisliuuiit ui' troiip of lav.ilry. ]'. ■1.ll)lislMI)('llt ot it IkiII iliun of •/. tri isiin Hitilloiy tJi uf iitf.i itry. A 1 til lis uf in((a«t'ii,i'i)t of voiiinifLT corjis, viiv (if \ohii. tcvr i\}n\. -m : (it' ^[ffH '1! HfTjR si v^ffi t »; 1 i !1 i ' \ { ( ^*< ) OVl ■T^ M ■ pOll^illlt Tor fltri>irp% it) ciis- [ lettci* now, , ntny cuntiniic. j-! ntul cominan- diT-iti't-liicr may aiitliorizc similar ci>rp« -i on siniilar cimtlitiom. .'I VoIunlitT ,-.! rtiinpauy uf t'n<;iniTrs. VoIunii'iT iniiy bv (-alli'd otit in iiiil of ti\il powiT, i'.'S niid tlii'ii duty in hucli cnsi-s. •f Ji Atiil wlicn so ■': iMlloil to Mi '.'''; fts spifiid ■' const il.'lis. _. Kslabli^bnujit 1 of field liiit- Ji,' teries, troops ,r of cavalry, and battalions of ffiinisDn nr- :i tlllcry and in- fantry of 'wgular force. Ilovv n'jiofar force i» to be raised. 1 Method of raising ic^-uliir ; lorcc. iri>allut adopti-d, who to lic tirst taken, StibstiuiteH tuny be provided, or an cicmption fine paid, ■nontlH notioi" in writ invito tlip romiiuindinjr ofTicor of liis ilosirc to do so; nor sliall lie at any time, Ifavf Ihfftainc rontrary to tiic oiiKafU'mt'Dt in liiiy artirli's of fii},'a;;fiiiciit he may iia\i' sij^nt'd. 40. Tlic i-(iTiiiiiaiidinjf ollii (Ts of till- vcl .-'ti'iT tlcld liattcrii-*, troops of cavalry and li.ittalions (nr liortioiH of llattalioll^^ of voliiiitfcr fjarrr :•. ailillcry, and .,1' volimtocr iidaiilr; sliall In- n>|ioiisil)lc tliat tlirir corps and battalions rcspcctivi-ly 1 re kept up to the full strength as roipiircd for I'acli thereof l)y this Act; and in the event ol failure of any corps or haltalldii as aforesaid, to maintain the complement of men has lierein-hefore prescrihed for each ri'^peciivcdy. or of any corps or hatlalion hecomin;,' inelli- eient, the commander-in-chief may di.'-liand any such corjis so iu nplele or inellicient ; and the coui- niander-in-chief may disband any 'corps or haftalions if in his o|)inion necessary to tin- pul)lic fjnod. II. 'I'o each military tlistrict, its mentioned in the thirty-seeond clause of this Act, a permanent statT itliall be appointed, eoi'isistiiif,' of one to«n adjutant and one staff serjfeant-major to ea"li battalion. 4'2. 'I'lip towit adjutant shall be tinder the orders of the colontd of the district within which he sliall reside; shall have jreneral su|)erintenilence over the armories and stores, and have control over the statf nerijeant-majors of battalimis; sliall make out all returns, eertilicates, rolls, iiid other documents, that may l)e retniired, shall imdertake the ollicial correspondence relatin>f both 10 the sedentary and active militia of the district, and shall earry out the instructions of the colonel of the district with respect to the drill and instruction of the ollicers, iion-commis'*iolied ollicers, and men of the vidunteer and re<,'ular force at all times of the year ; shall act as pay master of all the corjs and battalion in the distri<'t, and shall j)erform such otlier services as may be from time to time ordered by the cominaudcr- iii-ehief. •13. The staff sergeant-major, unner the control of the adjutant, shall hav_ the Immediate charge of the arms, accoutrements, knapsacks, and other stores of his battalion and of the field l)atterips <;i- troo))s attached to it, and shall be employed in drilling and instriictin as may be ordered by the colonel of the district. 41. The officers and ntm-commissioned officers of the permanent staff, mentioned in the two next preceding clauses, shall he appointed by the commander-in-chief for five years only, at the termination of whieii period they will be eligible for re-apnointmeiit to another military district, or to a battalion of regular militia in another district ; and the comniandcr-in-chief may remove at pleasure any officer or non-commissioned officer of such staff, and cancel the commission or appointment thereof respectively. 45. The several volunteer field batteries, companies of rifles and foot artillery, and troops of cavalry, duly organized iind in existence at the time of the passing of this Act, may continue as such respec- tively, and similar corps may from time to time be authorized by the commander-in-chief; and all the provisions of this Act applicable to the volunteer force shall apply to them respectively, except in so far as that such only shall receive pay and allowance for clothing as may be appointed under the thirty- third section of this Act as the volunteer force of any of the military districts therein mentioned. 40. In each militia district there may may be formed a volunteer company of engineers, to consist of .•\ captain, a lieutenant, a second lieutenant, and such number of men, not exceeding seventy-five, as the governor may direct. t". The corps composing the volunteer militia shall be liable to be called out in aid of the civil power in case of riot or other emergency re(|uiring such services, and v^hethcr such riot or emergency shall occur within or without the municipality in which such corps may be raised or organized, and it shall be the duly of the officer commanding any such corps to call out the same or such portion thereof, as is necessary for the purpose of quelling any riot, when thereunto reciuired in writing by the mayor, warden, or other head of the municipality m which such riot takes place, or by any two magistrates therein, and to obey such instructions as may bo lawfully given him by any magistrate in regard to the modeof quelling such riot; and every officer, non-commissioned officer, and men of such corps or portion of a corps shall, on every such occasion, obey the orders of his commanding officer ; and the ollicers and men, when so called out, shall, without any further or other appointment, and without taking any oath of office, be special constables, and shall act as such so long as they remain so called out. No. 2. — TiiK. Regui.ah Force. 48. Each field battery, troop of cavalry, and battalion of garrison artillery and infantry of the regular force, shall respectively be of such establishment and strength as is herein-before prescribed in reference to the volunteer militia, 49. The regular force shall be raised eitlu: by "voluntary enlistment," by "selection," by "tiallot," or by a combination of voluntary enlistment and the ballot. 50. The following method shall be adopted in raising the regular force: — The captain of each sedentary company having assembled all the men between the ages of eighteen and forty-five, belonging to his company division, will call upon them to give the number rcciuired voluntarily ; but if volunteers do not come forward in sufficient numbers, he will inform the men that it is his duty to fill up the number by ballot, unless a majority of two thirds prefers that he select men for the regular force from amongst them, in which case it will become his duty to make his selection in such a manner as to make the pressure bear upon the fai;riilies who are best able to support it, and if there is not a majority of two thirds of the men in favour of the selection by the captain, he shall at once proceed with the ballot. !>l. In the event of the ballot being adopted, the regular force shall be taken, in the first place, from amongst the unmarried men and widowers without children. 52. Every tnan, taken by ballot or selection for the regular force, may provide a substitute, subject to the approval of the commanding officer of the corps or battalion, or may pay the sum of tliirty dollars for exemption from service for three years, which sum shall be paid to the town or stall' adjutant, and bjr by am bat U'h anil troi rcla Oilic the wis his the il power iK'y sliiill it sliall of, as is mayor, gistratcs iird to the or portion icors and luiy oath " Fallot," of each clonging olunteers np the oroe from to make majority witli the ace, from ', subject y dollars taut, and by V« ( ->0 ) by liim paid to the rooeiver jrcnpral, and hocome portion of tin* oonsolidatoil revenue of the pruvnice, and in ! a|iii()inli'il, imi-i-tliiL,' of one ndjutant and one staff scijeanlmajor. ."'v. The adjutant of a reifuhir liattaiicii -hall In' uii.lcr the orders ot the i-onniiaiidiM;.' ntliter of his battalion, sh.ill have charu'c of ail arms ilothinu', ainniiniition. books, rolls, and otlni- dociiiiu'iits, belon!,nnf; to the uhole artive uiilitia vithin tiic ve:,'iiiu'nlal division to «lu(h his battalion lM'lonjj[s and within which he shall rcMde ; be shall be resjioii-iiil" that all vac.imics in the active ficM bittories, troops, or coini)anies, are filled up as they iK'eiir : he sh.dl tindeitake the ollii'ial ■■ones|ioMileni'e relatinjr both to the sedentary and active militia of his di\i-ioM ; he -hall be instructed to enc.iniai;c the olllccrs, non-coiniiiissioiied ollicers and i)rivates of his battalion, to drill aiitl practi>e v*ith the lille, in their leisure hours throuffhout the year, and afford every a.-sistaiui' in his power to any men who may wish to (|ualifv "themselves as ollicers or to receive military iiistiuction; he shall act as paymaster of his re;,'imentaf division ; and perform all .such other services as may be, from time to ticni', ordered by the tomman attached to it; and ?hall be einph)yed in driUiiif^ and instructing the ollicers. non-commissioned ollicers and men of his battalion ; shall act as clerk to the ailjutant, ami perform such other services as -hall he ordered by the coimuandin;,' officer of his battalion. 'i7. The ollicers and non-commissioned ollicers of the permaiicut stall", mentioned iu the two ue\t preceding clauses, shall be appointed by the connnander-m-chief for five year- oidy, at the termination of which period they will be eliLiible for re-appointment to a battalion iu another district, and the commander-in-chief may remove, at pleasure, any ollicer or non-commissioned oflicer of such stall", and cancel the commission or appointment thereof respectively. tu-u i>f liH-li of u*;ul.ir f,trcp. I'trmnrpnl »Mll .if li.il. I illolt*. D.itu". of ai:jii- I II li.illali.Mi. l)uMi-, .if sl.id' M-fji.iiit-tn;ijn-lli i.f |.lliinl llf il|l)l(>illtllU'1ll llf lii"iii.inv'nt Hliitr, .iiul re a)i|iuint. nictlt. vtil.it-.l mill 1 t'titiil ( >f ■•i-rvu-t'. (Ulitur nf rcsiTvc lori't.'. Xo. 3. — Tin: Ui;si:iivK Fom i:. 1 Iiiw ri'scrvc •"8. Men of the regular force shall, at the expiration of their term of service, pass into the reserve fMnv cmi- force, and continue to be enrolled iu that force for a farther period of three years. ii'.K Olficers shall be appointed to the reserve force in the same proportions, and in the same m.iiiuer and under the same provisions, aa herein-before contained in reference to the volunteer and regular militia. Puovisioxs .vpri.icAiii.i: to tiii; Voi.iNTKKit AXi) !?F.c.ri. At! Foiirr,. 60. Every volunteer and regular militiaman shall sign ii service roll in which the conditiims of his Sirviic rniu service shall be stated. '" '"■ -'"""■'''• •il. A gratuity of forty dollars may be paid to any sergeant of the volunteer or regul.ir force, who, at the expiration of his lirst term of service iu the active militia, has ri'-engaged and served f"or a farther period of five years in the volunteer fone, or seven years in the regular force. 02. Any sevjeant who mav retire at the expiration of his lirst term of service, may he replaced by any corporal who has completed his first peiiod of service, such promoted corporal to receive the same grant at the exniratior. of his ten years service; provided always, that the above iiu'utioned re-en- gagements, in both cases shall be subject to the ajiproval of the commanding ollicer of the corps or battalion. 0;!. Any man desiring to change his residence to another regimental divisicm, shall communicate his intention to the commanding ollicer of his corps or battalion, and shall obtain from him a certilivrun.*. PioiDdtioii uf corpoiiils. Voiiir.tiir 1-7 K-;_iiI-M- tiiililia- 1)1, II I li.iri^itifr re si I U' III' I*. Vuliintccr ot ii'^til.ir iDililia- iiicii leiiving tliL' tounlry. I'riicultiie at I xiiriitinn ol" tlirci' ytiir** sen icf. Vac.inck'S to l)e IIIIlmI np ul once. limited to oiiL' vi'.ir. \W> ,1*^ ( :«' ) Milt liifiiii' IrDiii ill Iht' liclil r.r>. Ill time oJ wiir when mm arc sont lioim.- from loiiffth of ncrvicp in tin- field, tin- rcliof >liall be fiadi' l)\ tlniltn iir ((iiiiplrtc liattaliuii^ frimi tlic resiTvc or ftTvii-o xHlcntary forco, as may ho fouiul no^t fX|M(li<'iit at till' limi'. rf Nnirilfcr tif *\a\t tiiitii;', nimI ki'H^'nii lor KJIIIII-, (if ri'^ii- lur fuiiv. Niinihct^'C il-ivi trjiriiii;,' Itiuo. ItuinTiiiin of a.ttvi' inihti i. I'lvscjit in- »;H'('tin;{ titlil uCi.fi of ihiliti.t. MlUMIIIpIllL'Ilt III' miliii^i wIiL'ii iraiuin.-'. 'IV uiiiiij* ol' U'>*TVf Corif. Vi'litntCi.'i' iiiiiv othiT tiiiii'', lut'Driliiij; t'> lliiir iirtifK". ol' l'njJil;^i'IlUilt. <'imimum!Lr-!i.- ihii r nmy k!ittj)ci)su witli imistiT nr liaii:s inj; tjf voUm- li'iT or rii;ul.ir foi Cl'. 1'(ii1l's of iii- htriiL'tion lifr VdluiMi'iT aiiil ri'guKir nulilia. AiHintiiiiii:iii lor prui'iiii", ]-!xi'ni)iliiiii ul' arms, liorsts, tStc*. fioni stizuiL' and assL'ssEnt'iit. Active niiiiiij, uliiL- (111 ill ill or on seiviii', cxcinpi fiom serving lii jurors (ir cuii- stalile^ ; cviiU'iK'e 1)1' SLTvicL'. Diilt ^roiii.ilv. iirinuiirv, •m>i\ Slort's, \c. lur votuiitL'i.r>. Drill j;roiii;i!, iinmniry, iiul stiuvs (nr iiiiliti.t. Sites to be approved by cominandei'-in- Cbief. ordi'i i>alta1 •all* 7'riiiiiiiu/ iiiij iiiusti r. inn of the n'j,'ular fnirc or tiucli portion tlicrcnf il i)i:t lor trainiiif;, at tlif most r ; iiiiil llic ciitiuiiaiKicr-in-chicf may. in his (li-crctKiii, reduce such iicriod ol traimiig it i)c not ic-s than rnuiteen, in wliicli ca.-e such recruits as have not been present at any traininj: shall have (burtcen days drill in addition. "0. The voliuiteer force shall lirill for not more than tweiity-eiylit imr les: than fmirteen days in each year: hut suih iicriod of drill may he divided at the discretion of the conimandei-iii-el ' as the conimander-in-i'hief may ich year, for a period of tweiity- ' so that former luel 71. I'.very corns anil battalion of tiio active militia shall, diiiitiff its jicriod of traininp, he subject to inspection from time to time by such person or persons as shall be temporarily n|)pointed by the eoin- mander-in-chief for such iiifjiection, who shall report fully 'to tlie pommander-in-chief on the state of such corps and their arms and accoutrements and the jieneral elKciency of such force, and shall be reim- bursed his or their actual travelliii;,' expenses by the province, and paid theref ir at a rate not exceedinji four dollars per diem whil.-t so en^fajred ; provided that sucli ])ersoii or jiersons, to be appointed from time to time for such inspection, sl;ili be an otlicer or ollicers (not beiuf,'' under the rank ol Held oHicer) of Hei.Majcbty's Hcrvice, and actually serving in this province, or in case the services of an ollicer or ollicers as aforesaid cannot he obtained, then such other person, not beiiiK under the rank of lield ollicer of militia of this province, who shall in like manner be reimbursed his actual travellinff ex])enses and paid such remuneration; provided that nothingin this clause contained shall be held to prevent the commander-in-chief from continuing the services of the present inspecting field ollicers of Militia at their present salaries. 7'-'. The militia shall bo encamped, when practicable, during their [icriod of training, and in such case the camp limits ?hall be marked out, and the space within those limits held to ho a building or barrack. 7;J. The commander-in-chief may call out the reserve force for six days training in each year, and the several provisions of this Act, relative to the regular force, shall, during such period, apply to the reserve force. 7-1. Nothing herein contained shall be construed to prevent any volunteer corps froui assembling or being ordered out by the officer commanding it for drill or exercise according to any articles of engage- ment or regulations of such corps previously approved by the commaiKler-in-chief, or to prevent any regular corps or portion of a corps from assembling for drill or exercise, without receiving any pay therefor from the province. 7">. The commander-in-chief may, by any militia general order, dispense with the muster or training of any corps or battalion or part of a corps or battalion of the volunteer or regular force, either in any particular year or until further order, and may, in like manner, again direct such muster and training, or either of them, to be resumed if he sees lit, and any such order shall have the force of law according to the terms thereof. 70. The adjutant general shall draw up, and from time to time alter, under the direction of ttie commander-in-chief, codes of instruction in drill and exercise for the volunteer and regular militia, based on that in use in Her Majesty's army, and each comniissioned ollicer of a corps or battalion shall be furnished with a copy, and shall be governed by the same in drilling and exercising the corps to which he belongs. J'raclice Ammtiitition. I"!. The active militia shall, for purposes of drill, be furnished with a sufficient quantity of blank and ball practice ammunition in such manner as the commander-in-chief may direct. Privileges of the Volunteernnd Regular Force, 1^, 'J'he arms and accoutrements of the officers and men of the volunteer and regular force, and the horses used by them as such, shall be exempt from seizure in execution and from distress and iissess- nient ; nor shall any such horse ve disposed of by any ollicer or man, without leave of tiie officer com- manding the corps or battalion. 79. The officers, iion-coniinissioned officers, and men of the active militia, while at drill or on service, shall be exempt from serving as jurors or constables ; and a certificate, under the hand of the com- mandhi"r officer of any such corps or battalion, shall be sufficient evidence of the service in his corps or battalion of any ollicer, non-commissioned officer or man, during such period aforesaid. Drill Groimds. — Arms, Armories, Clothing ami IStores. 8(1. A (hill ground shall be provided within, or in the vicinity of, each military district formed under the thirty-second clause of this Act, and a suitable building shall be provided containing an armorv, magazine, store-rooms, orderly room, and gun sheds, and the arms nvid stores of eacii battalion shall be kept separately in charge of the staff serjeant-inajor ; and such building shall be ciclosed within a wall or fence capable of defence against sudden attack. 81. A suitable drill ground shall be provided in some advantageous central jiosition in each regi- mental division, and a stone or brick building shall be erected or provided on the drill ground, containiu"- a store, armory, magazine, orderly rooms, shifting room and (juarters for the scrjeant-nuijor, and such building shall be enclosed within a wall or fence capable of defence againt sudden attack, and gun sheds and stores for saddlery shall be added where required. 8ii. The selection of the site for these drill grounds and buildings shall be subject to the approval of the commander-ia-chiet. ; . , 83. Each Ul ser Ah but ( the of uni y ( 31 ) 83. ICaoh volimtcpr militiiimau shall rpcoive an allowaocp of thrwn (lullar* « year in liou of rlothiiijr. 84. Tlie regular inilitiainrn chall In' siipiiliod with clothing while on drill or M'rvico. ('!.>tliini< of niiliiia. Clnllunft .if rc^'iilitr luiliiia. Anil K'« tu lit> ki-pi ill Siiirc. S5. The arm.*, accoutroinciit:^, knapsai'ks and k"''*' ('"iits of all corps ami battalions ^iliall U- kept in store, and the iluthinj,' of the rennlar militia -hall he also kept in store ; and tlnNe'artirle-t shall he served out to the nn-n, when it is deemed expedient, hy order of the eomni.indiiii; ollicer. St;. A I'omplete set of pioneers' tools and implements shall Im- kept in each store of the regimental '''"'•<•'»' <""lv division, and when necessary, complete camp einiipnicnt-, which shall also he kept in store. "'"i lamp , , , r«lui|in .nlf. H7. Drum.s and hn,';les shall ho supplied to tlio militia. nnnmtmi 88. ("omrnissioned ollieers shall furnish their own arms an I accn>utrements. t);livr.'»rm«. s;i. 'I'he roinman-ever;d corps inexistenee, at the passing of this .\(t, may continue to wear their then clothing until the same reipiires to l-c replaced, anil it shall he the duty of the conunatnliMi; otiiccr of the said corps or h:ittalions respc-tively, to see tint the same are, upon any such rc|)laciug of ciothiuLr, uniformed according to the order of t.ie couunander-in-t aud mn-t si'rvi'c.dile kind, without unnecessary ornament. Such arms and accoutrements shall he furnished to the iion-coniiiiissii(ned ollieers and privates at the expense of the province, hut shall always rem.iiu proviu.ial property, and the ])artics receiving them shall, whilst in their possession, he accounlalile for tliem. And where there are no ptd)lic armories the commander-in-chief may direct such security, as he thinks |)ropcr, to he taken for the safe keeping in good order of su(di arms and accoutrements, and the ic-dcli\cry then of to such ollicer as may he appointed to receive them, whenever the commander-in-chief for Jniy purpose directs such re-delivery. !)l. The said arms anil accoutrcmpnts shall he rene.ved and kept in repair at the cost of the pnninci- whenever such renewal or repair hecomcs necessary from wear in service or other cau-i' than the fault or lu'glect of th' person liavnig lh'ecrs ami privates an uniform rate of pay of fifty cents ]ier day, for each day's actn(d, and hona fide drill or attendance ; and officers, non-commissioned ifficers and men if the field halleriis and troops of'caralry of' the active militin shall receive, in adilition to their pay aforesaid, in nniform allotvnn e if one ilollar per daif for each horse, to the ejfent in nnndier herein-liefure mentioned, durimi the piriod if the trainim/ aforesaid. 95. When called out in aid of the ciril power, the officers of the active militia shall, for and duriny such ''■'> ''J' """"- period, be paid by the municipality by tchom their serriees are rcf/uirrd, the same scale of pay respectirely as '''|i''l'y "'"" the daily pay of officer's of corres]nindiny and relative rank in Her Majestys serrice, and the non-commissioned ofiicers and men so called out shall be paid by the municipality aforesaid, the sum oj one dollar per day, and shall also be prodded with proper lodyinn by such municipality ; and the said sums and the ralue if such lodyiny, if not furnished by such municipality, may be recorered from it by the commandiny officer of the coi'ps or battalion in his name, and when received or recorered shall be paid orer to the officers, non- commissioned officers, and men entitled thereto. 90. In time of active service in the field, the officers, non-commissioned officers and men of the (notice militin shall be paid by the prorince such rates of daily pay, and shall receire such allowances in eeery res/iect as are paidand allowed to the relative or correspondiny rank or nraile in Ifer Jfojesty's service. 97. The town adjutants and adjufinds of Imttalions of rcyular militia shall be paid by the province at l^ijofpe'nn,i the rote if two dollars per day per annum, and an allowance of ffty cents per day per annum for travel- liny e.rpenses and forage for a horse, and shall also be paid the annual sum if per annum, as a continyent allowance to cover the e.rpenses of postiiye and stationery ; and one adjutant in each military dis^ict, who shall be chosen by the Commander-in-chief, shall be paid an additional alloicance if per annum, to corer ejpenses i.icurrcd in postaye and stationery by the (10.) D 4 ' colonel iiuMi.i, I ii"\t' ill pri'- *> III in (ISO nijy tf.' i'>inimn*il. Ant)'., Ac. of :u'tt\\' iniliti.t. To 111' t'lirnislit'it t>y pnniiirt , <'»i\ pt lo olli.er.. St'c.trily (or •..ifV kt opini?. It'.-pairin^ ;ir:ii',, iScc. li) ^^llom mill iilu'ri- ar^n-., .'^■•. -hill \.K k.pt. I'n)n*.4> — .IS t(i ti;i!nlil;is in- tun 'i| liiforu l!ii-» Act provisions ("(). 11-- to nppi-nr iirm. ! on cii- (airi ".ca'.ioM'* oiilv. mtli: .-ii out ill m'jI of civil power. l*ay in iliiu' of active vcrvicc ill the tii'It'. ..ifl' ■im ^l' ' . 1'. "11 t' '■ ■■,,4 Cominainttr-in- cliiif niiiy orili-r liiiiiK Hiifl ninti- ner of ,/i>nH tit. Of whom MT- y'uv wdi'lif.iry furi'i* to m»(oi(l. !ti titiu- of tary iniliii.t to 111' cnrdllitl, Dtut to lie imi'.t- vrv(\ iirii iKilty, aiul wliiTi'* Aniin;il tniivtcr liny in I'. (.'. iM.iy lie 'J'.nU Jiiiif. ('(mmiani!' r in- I'hit-f ni:iy ili-- JJl'IIM' Wi'll illl- Itlllll lllll'tlT iiih) ii^'.ilii ri- qiiiri' it. OriitT 'ii wliitli MTvin- soli-ii- tfiry sliull III* tiiki'lt lor aituiil nvr\ lev, OfliciT". cf cotn- |iiiiik"* tit" scdi'ii- tiiry fiTce. I'!.iri'Iini'ht, IlDW III 1)1.* Ill.ttU' Mititiiinicn lt(MI1l() to }l\\V ill tlii-ir iiaiiie'. UolIs of com- pirnit's to 1 1' made iinnually, also rt'lunis of biittaliuns. Company rolls to III' eorrcttv'l from tiim.' to titnu. Duty of Iiousi'- IloIlIlTS, \l-., ti' five all iiifoi- inalion rt'(|ui- 5ilc. And of mililia- nicn. ( 32 ) enlonrl cimmnrtdinii the rlmlrirt / nnd faeh of the ttaff >erqennt> of dhtriett and Imttaliom of reritdnr militia fhidl III' fluid III/ the iirariiirf Ihr turn of three hundred diilliirt, W. Thr iietire militiii nhidl hf /mid a! siieh times and in »uch manner at the eommandcr-in-chief, by any mililin ijiiurat order, may from time tn time ilireet. SKUKNTAUY MILITIA. No. '.— 'I'liK. Skuvk i; Skokm-ahv Fohik. W. 'Ilm siTvicp sedentary fDrcc sliuU lie \\\um\ of ci^'liici'ii yi-iirs uf use ami upwards, Imt under forty-five years, not lieinj,' in tlie volinileer, or r<%'ular, or reserve force. liMi. In time of |reace no aetnal service or drill shall l)e reijiiircd of tlie service sedentary force, Imt tliey shall lie carefully enrolled from .time to time, anil shall also assemhle for mtister annually, at such i»la(e and hour, in such manner and for such i)nr])oses, as the conniiandini; ollicer of eacl' liattalion may direct witli re-ipect to each coniiiany thorrui; the muster day heintr in Lower Canada ti. When the service sedentary force a e called out in case of war, invasiim, or in-urrection, tlmse first taken f(U- actual service shall he f .an amonjfst the unmarried m<'n and the widowers without children. In;;. To each company of the service selentary force there shall he appoinle oath reipiired under the present or any future laws of this province, to be taken by such assessor or assessors in respe('t to the a,ssessment roll, there shall also be made and attached to the said roll the following certificate signed by such assessor or assessors : " I do certify that I have truly and faithfully, and to the best of my knowledge, set down in the " above nnlitia roll, the names of all male persons within the municipality of (as the ease ma>/ he) between " the ages of eighteen and forty-five years, liable to be enrolled by the militia laws of tlii.s province;" and such affidavit shall be verified by him or them, upon oath before a justice of the peace. 109. Upon receipt of the assessment roll by the clerk of the municipahty, he shall make a copy of such militia roll »8 a document separate from' the assessment roll, and snail cause such copy to be put up the I mil 0tfi( yea of t wit Ma ( 33 ) up in sonu- convenient and public place \»illnn the miniicipality, ami lo Ik- innintained i wntil after the mcetinjf of the Court of Itevision, as proviileil in and by tlie laws of tliin pro\inio. 110. Kvery officer, non-commissioned orticer, and priNatc of any corps or battalion of the active militia shall be exempt from payment of commutation assessment, and it >liall be the duty of c\crv oHicer counnanding u corps or battalion of the active militia, by the day of ' in the year IHO'J, and by the tenth day of May in each succccdinff year, to make out i:nd transmit to tlie clerk of every miniicii)ality in which any nu'n of Ms corj)s may liicn reside, a correct list i>( all «ucli mm within the said municipality as were actually and Imnu fiilf ser\ invf in such corps on the lirst d;iv of May in that year, and shall attach tlicrcto his ccrlilicate to the following clh'ct: " i, A. H., {i-iiptiiiii vr othrr iijUirr) conunanding ulisiiiKilinn nfmrji.t^ do certify tlial the pcr>ons whose " names are hereafter set down were actually and /xnni /iilr enrolled and scivmil' in such ii'.ryw or " iMittiilioii) <)!! the lirst day Mav, is And shall make a solemn de<'[aration before a justice of the peace of the truth and c irreilncss of such list. 111. All persons whidly excmi)t from curulbncut and from ailual >crviic in any case, as provided by the seventh secticm of this Act, shall be cxcnipt from iiayment of connnutation asscssnu'iit ; but no person shall have the benefit of such exemption, null's^ he has at Ica-it fourteen days bcfcire he claim- such benefit before the Court of Ucvision, as hcrein-al'ter mentioned, tiled his claim thereto with his ntfidavit, made before some justice r)f the peace, of the faits on whiiji he rests his claim, and in vcrifi- catiin thereof with the clerk of the numicipalitv wiihin whii'h he resides; and whenever exemption is claimed, whether on the ground of ai:e or otherwise, the burden of proof shall aUvays lie upon the claimant; and every .lustice of the Peace is hcrcliy recpiircd to administer the oath rcipiired under this section, free of charge. 112. At the sitting of the Court of Hevision, as constitutei- »inn uiuUr 11," ,i-,vTmnt I.iM» til 'K'U'MiiilU' tii-mptiiii.*. 11:5. The clerk of every municijiality shall, in the collector's roll, set down the name of every person f'"!!"''"" "f liable to pay the said sum of fifty cents under the head of '-Militia Roll," and the siiid sum of liftv '''""'^""" " ' nts against every person who shall appear by the said " militia ndl," liable to pay the same, shall o .,,, ach §; ir.ljiitaiit m'r.L' Ml. l*.»yim-iu iivLT t- lality, and shall be by the said treasurer ftrthwith paid to the receiver general of this province, first Icducting for the benefit of the municipality per centum for the cxpenses'of assessing i,nd ( oUccting the same and of making the returns and |)erforming the other duties re(iuired of the numicipality and its otHcers, under the provisions of this Act, and such m"-- the commutation assessment of each person on his roll, of vihoin he has not collected the same, and that he has been unable to collect such assessment. llfi. If any person shall neglect or refuse to pay the commutation assessment, as herein prescribed, Dniy orci.!- and the collector of the municipality to whom the militia ri>ll for collection thereof shall he given, shall ''■'''"■ '" "^'•' "^ be unable to collect the same, it shall be the duty of such collector to return the names of all such )'',f;,i'i,i"l.r5l^,„, persons to the clerk of such municipality, who shall make a list of such delinquents; or (in Lower to puy conmiu- Canada) if he be himself the secretary treasurer, he shall himself make such list and deliver it to the imi"" a^s>»>- local council, and deliver the same to the Court of Hevision at their annual meeting next thereafter. ""■'"• Sums in nri-iar nnil liiu-ullL'Ctcd, to be iultk'o colii'L'ted, I ist liy ofliccr commanding company of M- dtntary militia of th jse present at muster :ti'.d cerliticate. 117. Whenever it shall appear from the return of any collector or treasurer that any person has neglected or refused to pay such commutation assessment, and that the collector has been unable to collect the same, such sum shall be added to his annual commutation assessment of the next year by the Court of Revision, and collected in the same manner as herein-before provided by the hundred and thirteenth section of this Act. 118. The bond or security to be executed by the ecUector and by the treasurer of the municipality, shall apply to all moneys retiuired to he collected for militia purposes under this Act. 119. Every officer commanding a company of the sedentary militia, or in his absence the officer next in command and personally present at the annual muster, shall, within one month after the annual muster day for such company, make out a true and correct list of all suoh persons as attended the said muster, and shall attach thereto his certificate to the following effect: " I, A. 13., Captain (or other officer) coniniaiiding do certify that 1 personally attended the muster of the company of sedentary militia " under my command in the {town, tou-iisliip, Sic as the case iiiai/ be,) of " in.the county of nnd that the above is a true and correct list of the names " of those who actually attended the annual muster on the day of 1« ." And shall make a solemn declaration before a justice of the peace of the truth and correctness of such list, and shall also forward the same to the clerk oi the municipality within which the limits of his company's district or division are fixed, or if such limits be within two or more municipalities, a (10.) E similar .' 1 ;•" I! l^iii s^ ( M \ ilar Wi't anil rcrlili' ate, Ncritiril hv ilcclaratloii i\-> nlnn-'aiil. to tli<> rlcrk nf I'ucli siirli aililitioiial iiiiiiiin|ialitv V.Ik, hliall 1/ Uui.. of II i.r aii| f .-ail iipv Ml ri'i I ivi'il liy liim to till' ailjiitaiit ^'iMirral ol'iniliti I iiiiinii'iiia llitN all, lllMiii til'' rri I i|il lit' till' li^t ami ciTtitirati' mi'iitioncd on ri'fii|il i»f li>t iif arlio' iiiililiu mill 1 1 T tititaUr. Pinvi^iotu of ■••4'^^ini'nt I.iM'v ■pplicabU'. IVlsiills ti'Milnl to i;ivi- inrnritM- tioii of (ho^o liabli' In 111' •nrdlk.l. IVn.iIl; III! pcr^niiH ri-fiisiii'.: to give inlttriii;i- tiuii ui- j(ivin^ false iiifurinn- lioii. Ilitcrpu'tnlinii claiisi'. ti iitli -crtiiin III' till- Art, anil jiiiiir to tin" ili'lniMV of tin- cnllci torV roll tn llir iiii'i ir III' hill li niiiniii|Mlity, (or lii't'orf ii^iiiK -in'li li-t if, lii-in;,' a M•(•r^'la^v-tr^■a^n^l•r in ittIT I a|i|>i>ariii)r \MiriU "at aMHi'tixinoni < ii.aila,. Ill' III' Iniii-i'It till' rollcrtur), mark on tlir »aiil roll altiT tlr nanii- ol ra'li prr-ion >. l.y si:ili li-t ami i i-rtilirati- to Ii.im' atti'iiili'il nri-liT I'or fin- tlii'ii inrrrnt yi-.ir, tin- ■im-ti'r," anil iMTv jiii-'on sliali t!"'rrliy 111- ili-ilmriffiH'rom |i,'iyinont of tlii> ciinimiitiition for that yi ar. I'Jl. Till- xrvcral ycrtions from to ini'ln^iivo, of tin- fil'ty-fiftli fliaiitcr of ||ii> con-nliilatiil ^talnl^^ fir r|i|ic" ( 'anaila, intitnli'il :.lii .l-f n:\-j»;-tiiii/ tin- n.'/n-.tumr/i/ fif firn/nr/i/ in {'/ijnr I'liiimlti, anil flirir -I'vrral |iro\isinn>, anil tin' M'vcral imivir-ionn i<( \,U' /^unr CiiH'iila Mitniriiinl unit /{"iiil ,/i7 "/' 1 •'.'i."i, and tlii' Aif- anii'iiilinfr it, anil tlii' |iro\i^iiins of i-mtv -[ircial Ail- incorporatinj^ or i.rovi'rniiii,'' air. to«n or city in I owrr Canaila, rrlaliw to a^.r^r-'^ini'iit^ anil their collcrtion, iil in I'lillerting, and tlii-ir dulii's iindi'r tlii.s ,\it, and ^liall ho nad iiiul li'r and nii-tre-..' of any dwelling; hoii.'^e, stliall, npon the application of any assen- or or ( illi'itiir, f,'iM' iiil'orniation of the names of all persoiiM residinj; or lodfrinj^ in hucIi house, liahle rn he iiirollcd, and all oilier proper information concernin),' such persons iiH such iissessor or I'l li 'Clor may demand. I'.':!. If any [M'rsDn of whom information is rt'iiuired hy any assessor or ciillector in order ti enahle hini to ciimpty with the provisions of this Act shall refuse to fjive such iiiformHtion, or shall j,'ive faUe information, he shall forfeit anil pay ,< for each item of information deman.ted of him and fali-elv slated, and the like slim for each indiv idiial name that may he refused, concealed, or falsely stated, anil every person who shall refuse to j^ive his own name and proper information, when applied to asltforc'Mid, or -hall {,n\e a false name or inform itioii, shall forfeit and pay a like sum, suuh penalties 111 he recovereil summarily hefore a justice of the p.-ace. 1'24. In this Act, as far as refiJU'ds Lower Canada, the words "assessor or n.ssessors " shall iiiclnile i-.iluators, the word "municipality'' shall mean a local municipality, and shall inelude every city, town and villajje incorporated, whether the corporation thereof he governed h;- the (■eneral Municipal Acts respcctini,' municipalities or any special Act, or jiartly hy hotli, the wor' "clerk" shall include the secretary-treasurer of any such muiiici|)ality. or other person making' out inc collection rolls, or other documents showing' the sums to he collected as taxes, the word "treasurer" shall include the secretary-treasurer or other person receiving or havinjj; the custody of the funds of the municipality, tin, ex|iressioii "court of revision'' shall include the local council, hoard of rovisors, or other authority having the revision of assessment or valuation rolls, the expression "collector's roll" shall include every collet lion roll or oilier document showing the taxc^ payahle by each person, and authorizing their collection, the word "eolleetor" shall include the secretary-treasurer or other person employed to collect the taxes imposed in any municipality, and the expression " .issessment laws" shall include the Lower Canada Municipal Act of l.'<55, the Acts amending it, and all special Acts incorporating or relating to the incorporation of any city or town or village in Lower Canada; the assessment or valuation roll, which is to serve for any year, shall he held to be that in which it is intended that the names of the iiersons between the ages of eighteen and forty-five shall be inserted as liiihlc to the tax hereby imposed, although such rolls he mU\|i». I'J". Till' ((imni.iiHliT-iii-cliii'f iiia\. in tlic cvnit nf war, rai«'. in atliliticii in iId' miIuuIi'it and OnmawtofJn. ri<);niar inililia of the |irouni'*-, mkIi irKinunl' nt' militia liy vnlnnl.ir) cnli-lnM nt tni gciicial pcruii (liirini; i< I A I |IIN». I'.Vi. 'I'lif idininaiKlcr-iM-i'lii.f may -iiiiclion tli jrani/ation of a»!«oci«liiinH fur |iiir|iii«f- of drill and '' of indi'iii'iidriit ((imi'.init's of infantry iiim|iii-t'd nf |irol('-M)r>, ina-lcis "f |iii|iiU ol uniMT-.iins, -rlinol-, • or ollii'r |ml)lic iMstitutions or of |u'rMin» ciijiatfcd in m alioiit tin- li.dl |iiii\idi' tlifir own " ariiiN accoutri'iiii'iit-. anil ( liiliiiiij,'; Imt muIi a>»iMiatic)ns or rom|iaiiii'» rliall not lir |)io>idi'il witli an\ , riotiniig or allow aiK't' lliiTt'foi, imr -iiall tlioy in riM' pay. ' . M Aiiisi Mill ri.\. l:{ii. It -lall ho till- duty of iMvli Kcaman, or otluT |ii'rsoii piiKajji'd iirdin.iriiy in tin- nilliiii.'- of a > M'am.in or -ailnr, or otlioiwiMo m riipii'd m in(,Mi:i'il in nr upon any ol tlio ■^ti'aimM~. srlmiMior-. or oiIut vc-srU np'iM till" laki'» or wators in tlii^ pro\inri'. or l)i'li)ii;;iiiL' to anv of llio ports lln-rfof, dnriii(r tin- iiiontii of Diri'inhi'V in oacli yoar. to atti'iid iiorsniially at llio nllii i' of tin- lolliTtor of oii-toiiis at tlio port at or lUMrcst to wliiili huoIi piMvon may liavo liii ordinary plaro of roidoini', and tln'n- to ri'j;i»ti' • liis niiiiif, i\iH', and jilaro of ri'sidiMiic ; and tlir culii'iiipr of ru>toiii.i >liall ;;iM' a rortiliralo ol mii li rt'iri-^tr.ition to tlio por-mns so l)C(iiinin>f rojiisti-ri'il. and sorli person -liall tiirrriipon lio oxcnipt from M-rviic ill tin' artivc militia and iVom miislor ol llio -I'lliiitaiy militia, m> In'riin-lirfori' mi'iitioni'd, for till- ]n'riod ofoiioyoar fiom the dato offiuli ri'i.n>tralion ; and tlio rulliTidr nf ru>|iim> n -|irili\idy, at tin' >i'Vi'ral ports tliroiiflhoiit tlio proviiu'c, sliall kci'pa l)ook uhoroiii «wrli pailii ular> -li.dl lio ri'^i-ti'icd, anil shall, when so roipiirt'd hy the lonnnandri-in-rhii'f, sni'ply ropirs of iho >aiii(' to tin' adjutant frciu'ial of militia. l;51. Kaili I'aptaiii, master, or other person in roinmaiid of any sin h -learner, sihoniur, or otlni' vessel as aforesaid, shall upon eiif,'a;;inj,' any seaman, sailor, or per-ou eiin^ayed ordinarily in the i .illin;; of a seaman or sailor or otherwise oiiiiiiied or eii;,'a;reil, as in the preeediii',' rlau-e nientioned, make (liliffeiit iiiijuiry and satify liiiii r uifiy lli.'iil.'iliill > ri«>t ID It! liltMl, ,|utllist |>4l(i. s iii'.i'ii It) r,'- r «l.i llii-ir '■ih (.illirlori. il 1 11>I1M11« IPl 1 n . V'''ll,i'lll|>, 111 k' ' j» IhIiiI, iif ri u't^trtliun. (' i|iMiii« or |ulsull« ill » ' nlliillil iif >■ ■■.. K 111 I i- '•tli^tirit Ih;lt l.ii .1 sV.IIDOII );i~liTi'cl, time order. 133. Cuptains in the provincial marine shall rank as majors in the militia, and lienteiiiiiit- as raptains in the same. l;Jt. The said mtirine corps shall he armed and uniformed in sinli manner as the eommanderiii- chicf may direct, and may he trained and drilled as well to the use of small arms a> in the management of gun-boats and the working of lu'uns of heavy calibre. riiio i'otnpiiiira iii:iy Ix- luiincU :it i-i>rt.iil) |>l.ict'!i. Uil.iiin- r.iiik <'i iIk- ((tlici-rs. Ilu» siuh cirps Id Ii« iirnii-(l and •Irilli'il. DKi'AirrMKN'r oi- .Mii.itia Ai taiiis. l.'i.l. There shall be a minister of militia atVairs, who shall he appointed from among the heads of the Duiiuof public departments, and who shall be charged with the administration of militia afFaiis, and of the ii.imsiirof ordnance, ammunition, arms, armories and other stores and provisions and habiliments of war belonging miiiii.i aiiiiirs. to the province. l.'id. There shall be a paymaster of militia attached to the said department of militia affairs, who shall hold office during pleasure, and shall be paid at the rate nf dnlUvs pvr (iimiiiii. A jiavmiutcr 4|i.'asure of conmmndcTin- ctiief is known, ^lilitiameii bouiiit tu ubey. ^'oiuntecrco^^ll tu Ic incluHfcl. I A .1 i M rf -.v> :|| 'ft ■■1 i 1-. I ,1 mdil a i« i.iIIkI t)ur «(lrikl Willi irrnt «t"l fifM- |Vr*<>M« until for iliil) lull' rt'jt'i tfil .iikI iiii(irti«r ilr.tftiil. Miliii.i, Mlii'U ralttd out. A<*. If) (•* «iilji-i'l M arli. Ifi nf war. ttiiik nrtil i>< itmntl (if i>(Hi inilit ii DiTflH'is niiy niiliiiaiiiii) iii.i> tic •.inlciiiA'il tu ili'titlt, l;ir (irtny on full )iiy itut tu sit, Ai-. WliHt i^tiall Ik' I'tiriiitlu'il liy ll)(l%i> O'l wtlDlll tlit'V nrt' liilUU'.l. Im|iri*ss!n;; c.ir- ritigi'% \c. on tmiTgiiu'v. Jti-.tiic iif tlio I'f.ifi- lo hillil (III rt'tnilHiiion of i-ohimuiiding ollictr. I,(nl;;iiig of oHiccrs not to III.' paiil I'ur ; altuwaiice fur iii'.-n liilli-lcil ; proptr odictis to Htitle iif- I'oiiuts of olli- rcpiaiul sjliiier* out of llnir liay, \f. Qunrteriii}^ atid r>illctin<; lruo|), ^c. in canton- inciit.s. C\tin|r\iint ol jiiTsons a^- ^rii-vi-d, aiu) how ic(tri-sSL-il, No justice, being an officer to billet or quarter troops. Cl ( .^fi ) 1 |:;. Wlirri till' wliiilc mlliti.i r.f tlic prii\iiico an- callpil out all tlir viilunlcrr coriis rli.ill lie iiu liiilt>i| iiikI "liall itiitiHiliHlcly olicy tin' Mr«li'r« tlii'V rrrt'ivc. 1 1 1. I'!)ii ii iirli\c !■{■ i-rticiitiiry niilitiaiiH'ii callril out tor aclii.il -crxirc i-liall attriid at -iii li tiiiic aiiil |il,ii !■ a" may In' iliri'itol l>v tlic otli( rr roiiiiiiaii rc- (•i'i\c'il from till' |iri.>iiirr, anil uitli mh li pnn i-ioii" a- -i:i li ollii rr m.iv ilirt'if. I l.'i. \n man ilr.il'li'il ami unfit from IiimIIIv iiilinnity III |irrt'irm hii duty -hall lio laki'ti for »»>r*if(>, liut aiMtliiT man lit for itt'r\iri' ^liall In' ilrattt'il in lm< nti'nil. 1 III. Till' militia so rallrd out, for traininj.', or in aid of tin' iimI |iii«('r, or for artnal M-r\i( c, and r\rry olliriT or man lii'loniriiiK to it ^l1all t'rom tlio titiii' In' lias liirn ordrri'd, takrn, or ilrattril (i.r any ol' hill li Hcrvici'-. ill aililitioii to tin- pi'iialtirs im|iorrd liy tins Ait, Ih' suli|t'(t to flu' artnlrn of »nr iiiid to till' Art for |iiini-liiiii,' mutiny and di-iTtiuu, and allotlirr law- tliiii a|>|iliralil<' to llcr Majcsty'i, troops in tlii" pnoinii', and iml iiuousisti lit uilli llii'< Art ; I'Mi'pt tliat no militiaman sliall lie xuliji'ct t'l any rorpiiial pimidimint rxrcpt dntli or inipri>onmi'iit for an\ roiitraM-ntimi of siirli la»>: and I'Mi'pt also that till' I otnmandi'r-in iliii'f may diint that any pio\i:ioiis of thi' ^aid Inws ^ll,lll not ii|>|ily to thi' militia. I IT. Any hoily of militia so lalh'd out ^liall lir commaniU'd hy tin' olVircr liit;lii'st in rank tlit'ti pri'M'iit, or till' i-rnior of t«oor mori' ollirrrs of ri|ual rank; ollirrrs of llrr Ma|rsty's rrgular army sliull alvwiy^ III' irrkoiu'd i-iiiior t'l all militia ollirrrs ol' ll)i' siiUic rank, whatt'M'r !h' the datt's of llic ri's|i«'rti\<' riiiiMni«>ion-> : and imIihii'Is appointrd hy ronimissioi signed hy tlii' :ommandri of llrr .Mair>t\'s rr^'ul.ir foiri's ill Canada shall coinniand roloncis of militia, >vhat('«,'r hi' tin* dale of tiicir n"-pi'rtivt' roiiiinissioiiH. 1 f"*. No militia oIliriT or militiaman shall ho M'ntrmrd to ilri tli hy o'.y court martial, rxccpt for mutiny, dc-iTlion to thi' I'lirmy. or tr.iitorously dulivi-riinr up to li'o I'li'-.iy any garrison, tortrrss, post, or (jimrd, or traitorous rcirir-pondrncr with tin* I'lirmy ; and no si'iitciici' of niiy jfrncral court niiirlial shall he larricd into cllii t until apiir"viii hy the ioii;inaiuli'i-iu-chii'f. I r.i. No olliii'r of Ilcr Maji'-'fy's rc^jiilar army on lull pay shall sit on any militia court martial. IJll.!.! TIM. .\\l) ('.WniVINl. TllOlll'S AM) Mll.lllA Will V OX .VlTf \l. .sillllVII i:, AM) I'fll MSIl I Ni; Cakiiiai.ks, I1()iisi>, \;('., 11)11 1III.IM 'riiANsi'oirr and I'sk. l,')(i. Wlii'ii Ilcr Maji'sty's ri'j,nilar forcos or tlu> militia arc on a march within this |)riiviiic(>, and hillcti'd as hi'icin-aflir nii'iitioiicd, every lioiischoliler therein shall, when rei|uired, furnish them with iiouse-room, lire and utensils for cookinj,', and candles; and in cases ol' oniei-jfeiicy, hy actual iiivusioii Ol- otliei wi^e, the olliccr comiiiandiu}: the reL(iimiit, hattalioii, or detachment of troops or militia, may direct and ciiipower any olliccr or non-coinmissioiicd olliier of the same, or otlici person, after luiving first oht. lined a warrant' for such pui por-e from a justice of the jieace, to impress and take such horses, earriad. Air the militia, shall he pin lf)0. All commander- penalties wl nii'.nuer hen such uses as Kil. Any retains or ki moneys beU misdemeaiic \>V>. Any declaring fa HI:!. Any roll or retui fidse statein ofTence. Iij4. Any officer in nii obtaining a thereby inc IC"). An; sary for ma the conim;! demanding each olTenc 100. An; under this place and li such mustc and in case 1G7. An by the pro] may be tal such drill I 1>\S. An officer, or ( penalty of (10. u/ ( v ) l"."!. Niitliiiit'iil tlii^ \< t ' iiltaini'il "'lall !>• <• ni'tnic.l f» autli.Ti/.- tin- cin.irlrriii,? ..r MllftiiiK of niiv fri>«|i!' iir militiii (Mtlirr i>ii a inarcli nr in ciiit iiiiiiiMit, in any ri(ii\cnt nr nuiiiu'ry dI" miv ri-li^^iniK unli'V of fcnmlcm or to iibli;-!' mu mioli religion* nnlor to ri>i-«ivp mirli ircHip. nr tiiilitiii, or to I'liniiiili iIhmh witll lo tiiii.cr 1.1:11- iimiiiliii;; llir taiil tronp. or militia, or a iiM|iii«ilion in writiii^f iVnin tin- olti.cr i-oiiim,iiiiiiii« that ■ aiilmi niriit, tor mii h ami so nmiiy 1 irriatff^ '•■• niay lie rt>i|iii>it4> ami iiiTc^sary for tin- «aii| imop. m militia, cliall \**\u- lii-» wa.rant to -mli pcrHnii or |i(T>oii- a* arc po«-r-.i'il nf carri.iKi'-, Iumkc-s or o\rii, VMihin his inriMlictiPM, riM|iiiriii),' Kiiii 01 '.cin to fiiriii«li the -amc for lin- >.cr> in- afori'-aid, ami it' any prrvni lifter rri civiiiK mkIi uair.int. rffii«f> to fiinii.«li thi- (■ami-, they may !•<• inipri>M'il ami laki'ii fur «mli nTvifc. Dili no ^.iiili cariiajfi', hir-f, or o\, or any rarriai:o, lior-c, or o\ iiiriilioncil in lln- iiii'\iuin M'l tioiH of lliis Ai t, >liall 111- CO 'pi'llcl to hroici'il iih>n' lit. in tlnity mile-', iinlfs in 1 a«i"» in lii'rc other cnrriajfc", liorhe^, or o\en eaniiiit ii'iniiiliatclv lie hullo rephi' •• ihein ; ami -mli rarii.it'e>. lior»e<, nr o\eii ^hall In- paiil lor at the n>iial r.ili- of hire. l.">8. In eaue- of eincr«eiiey, >vlien it i« iieee»«ar\ to pio\i(h' proper ami ipeeilv nieaiH for the I "nvoyiime liy railway or hy watir of ilie troops nf (ler >l,ije-ty or ol tin' militia, ami al>o of thc'ir aniimiiiitioii, >tores liro\i.ion-, and haL'^Mfie. any jii-liee of llie peaee of ami in the loeality \v liiie bUeli triioi)'* or luilitiH are, either on a man h or in ealili iimeiil, iipitn reii'i>iii); a rei|iii-itioii in uiitiii;,' from t hi ollleer eonnnamliii;.' Mil h troop-, or inilili.i. for Muh rail^av •■ar,< ami eii;;iiie-, boat- or other craft as are rei|iiisile for the eoiixeNaiK e uf the >aiil troops nr militia, ami their aiiiiiiiinitioii, stori-s, provi-ioiis ami ha;,';,'ai;e, shall i«»iie hi- warrant to siieh per«on or i«'rsoiis as are po— < d of smli rniUv.iy ears and eiii,'iiies. hnats nr othe- er.ift within lii.^ jurisdiction, reipiiriii;; him or llieni to fnriiisli the same for tli.it *er\iie, at and after iie rate of pa\nieiit to he allowecl hv the said jn-lire, imt exeecditiji the iisii.il rate of hire for sii a railway ears and eiij;iiies, .loals, or otlier eraft. And if any siuh person iie^'leits or rel'n-e-, afti'r receiviiif.' mhIi warrant, to fninisii smli railway ears or eii;iim's, or hoats or otlier eraft for th.it service, such railway cars or en,'ines, hoals or other craft, mayjie impressed and taken for such service. Ihit iiotliin;,' herein shall impair the etleci <>( any Ai .ihlii,'inj; any railway eoinpai'v to eonvev siuli Irooiis, militia, and other articles at'oresaid. in any inamier or on any terms aiiil condiiions theroill iniiitunied, or to release any sucli comp.my from any ohligation or jienalty thereby imposed. Offkncks and l'l;\Al,TII.>, 159. All eontravo'itions of thi- \ci .nul of vo^iihitions or order.s lawfully made or {,'iven nmlcr it, v he-.i the militia, or that portion thcr,,!!' to which the olfeniler !)eloni,'s, is not called out fur a. tu.il servii •, shall he punishalile as hereinafter provided, and in siicli cases coiirl- martial shall not he held. Ifin. .Ml articles of eni,Mi;eiiiiiit entered into liy volunteer corps, .nid previmislv approved hv the roniniander-in-ehief, in so tar .1- they are not inconsistent with this Ait, shall he eiilorced, and the penalties which may he therd.y imposed -hall, whenever they are im .irred, he recoverable in the iniiimer hereiii-after mentioiieil by the person or olHeer ile-iirnated for that purpose in -ui h ar*';;les to such uses !is may be therein directed. 101. Any ollieer or non-eoinmissioned ollicer of the militia who obtains under fal.-e pretences, or who retains or kee])s in his own possession with intent to apply to his own use or beuetit. any of the pny or moneys belongini,' to any olhcer, non-commissioned oliieer, or private of any corps, ^|l,•lll he n\iiliy ,,f.i misdemeanor, and shall be dismissed from the said militia force. lO'i. .Vny person makiiifj an atiidavit rir declaration reipiircd in and hy this .\cf, and swearinj; or declaring falsely therein, shall ho fjuillj- of ])erjury. Iil:i. Any ollicer of the militia refusing or neglectini: to make or transiiiit, as herein prescribed, any roll or return, or copy thereof, required by this .\ct or by any lawful authority, or w ilfully making any false statement in any such roll, return, or copy, shall thereby incur a penalty of forty dollars for eacli offence. 1)i« Mi» I'f nil. lv im- |iit >'-i*i! oil rr- lll^.t1 tu furnisli. At to railw:tyi. rnittra\iniiotik of .\i» or ol* '.Ynl.itiori« to III' iiiinithvl. .\iiuU-ii tif » II- t;ii;;i'[iu'tit ol" J vuluDii'i-r^ may lit- iururct-il. L'lildwfully re- taining iiii>rii'ya hilnngin^ lu iiiilin.initii to hv A iiiiiili- mcmiir. \'.i\*>t: *wtMriiif5 ti» In- pirjiiry. H-Wi.A to make II roll, &c, Ui.t*ii»in}{ to a->^i>t io iii.-ikiiig tolls \i\ iti't'usin^ (o t^i\r inroriMf lion tiir iDukiiij; roll, Ni'gK'ciiiig to alti-iid tnuHti r or ini^livliiiviiig lliireut, &c. Ilii'iteriii;* iitiiit a at drill. Dikobcvtiig ord«r!«, &C, \\ 41 > 'W . U-i i r U! m '-.^'^ Not ki .*|pin;( ■rii)4, \('. in proiK-r (»irt ( :5f^ ) I ''P. All) oflifcr, iion-foirin)i»-iiiiic(l dliicr, or iiiilitianii'iii «l:ii faili^to kri'p iiuyarn;s (ir accoiitrcnicnts r. ilclivcrt'd (ir ('nt^^l^t('(l to liir |)rii|iiT onliT, or "Ijo n|i|.cars at iliill, ]iara(l('. or on any otljcr o(<-asion St'lltiv, witlju\it Icavr, niiy ■nil ii|>|ir(ivfd for ail) triMi|i, &c. l.'iihiwfully disjioiiiig itf artii", Si\ Aft III pri'init iniliilrninl. Am : nr.if. frinkrs nlmut to li-avi* the pruviiici.-. Iti fuiinf^ t(i turn iiul ill atti Vf civil JIOWl' . lUTiisin;; i, &n\ Or •11) far. engine, boat, nr cruft. (.'ontravenin;; Act n-hi're no penalty pro- videil. Kcc ivcry of pcn»i;io- by summary pro- ceeding. wi'li his arms or accoiilri'niciilsoiil <>( proper onlcr. or uiiscr\ii cablr, oi (Ifticii-nt in any ^^■^p^'^■t, sliall iiic'ir n penalty of lour dollarti for cacli such otVcnce. 170. Any tilliccr, noii-comniiHsioiifd orticcr, or man of any troop ofi'.ivalry orhntti'iy of field artillery, wlio, witlioiif tlie loiisent of the lotiiiTianiliiii; olli' IT 111' cnili rorp~, !-idls or tli^pojies of any horse «hicii lia.M been drilled for the purposes of such coqis or which he has undertaken to furnish for such piir- pttses. and which li.i- been .-ipproNcd hy the eonnnandini.' ollieer of the corps, shall thereby incur a |ienalty of twenty dollars for each olfence. 171. .\ny person who inilaw fully disposes of or removes any arms, accoiifrements, or other artiilt>s lieloiif.'in{.' to the Crown, or who refii-i - to deliver up tin- same when lawfidly retjnired, or has the same in his pcssession, excejit for l.iwfiil canse (the proof of which shall lie upon him), sh.iU theieby incur a penalty of Iwenfy dollars for each oll'encc; but this shall not ]ircvent siicii olVcnder from beiiiiV indicted and piini:^hed for'.iny tfreatef otVeiire if the facts .imoiint to such, instead of lieiii^' siilijectetl to ihe |penally afon'said. .\iid any jicrson char/jfeii with any act subjectiin; him to the penalty im|io>cd by this section may be arreslcil by order of the m.iifislr.ite before whoiti the eoinplaiiit is made. ii|iiin leave the ])ro\inntrements, or articles wilii him. 17'-'. .\nv ollicer or man of a corps who, whiMi --iicii corps is lawfully c,i civil powei-, refuses or iiejrlects to jro out with such corjjs, or to obey Power of loni- mittal to Kaol, on non-pay- ment of penalty. On whose complaint pen- alties may be sued for. Evidence of authority tx> sue. Limitntiuu of time for prose- cutions. To whom pen- alties to be paid. Orders and notices need not be in writing, if given in person. General orders liow notified. Military district or battalion division orders how notified. etl tiiioii to act in aid of tlie or iiejriects to s to furnish the same, shall thereby incur a penalty of twenty dollars for each such offence. 17'!. Any person who wili'idly contravenes any enactment of this Act when no other penalty is imposed for such contravention, shall thereby incur a penalty of twenty dollars for each offence, but this shall not prevent his being indicteil and punished for any greater offence if the facts amount to such. 177. All ])enahies incurred under this Act shall be recoverable with costs by summary conviction on the evidence of one civilible witness on complaint or information before one justice of tlie peace if tliu amount ilo not exceed twenty dollars, and before two justices of the peace if the amount exceeds that sum ; and any oIKcer, nun-coinniissioncd ollicer, or private shall be a competent w itness in any such case. nf*. And in case of non-payment of the penally immediately' after conviction, it shall be lawful for the convicting justice or justices to conimil the |)erson so convicted and making default in payment of such ])enalty and costs to the common gaol of the territorial division for which the said justice or Justices is or are then acting, or to some house of correction or lock-up house situate therein, for a period of not less than days nor more than days w hen the penalty does not exceed twenty dollars, and for a period of not less than days nor more than days when it exceeds the last-mentioned sum. 179. No prosecution against an officer of militia for any penalty under this Act shall be brought except on the complaint ot the adjutant general ; and no such prosecution against any non-commissioned officer or private of the militia shall be brought except on the complaint of the commanding officer or adjutant of the battalion or corps or captain t*" the company or corjjs to which such non-commissioned ollicer or private belongs; but the adjutant general may authorize any officer of militia to make such complaint in his name, and the authority of any such officer alleging himself to have been so authorized to make any comi)laint, shall not be controverted or called in question except by tl;e adjutant general. 180. No such prosecution shall be commenced after the expiration of six montlis from tlie commission of the offence charged, unless it be for unlawfully buying, selling, or having in possession arms or accoutrements delivered to the militia. 181. The penalty when recovered shall be paid ovho shall account for and pay it over to the receiver general. Misri;i.i.A\Kors Pnovisiox.s. 1 82. It shall not be necessary that any order or notice under this Act be in writing, unless it is herein required that it shall be so, provided it be communicated to the person who is to obey or be bound by it in person, either directly by the officer or person making or giving it, or by some other by his order. 183. All general orders of militia, or other militia orders issued through or by the adjutant general shall be held to be sufficiently notified to all jiersons whom tiiey may concern, by their inst rtion in the Canada Gazitte; and a copy of the said gazette purporting to contain them shall be urimd facie CT'idence of such orders. 184. All orders made by the commanding officer of a military district or of a battalion division, shall be held to be sufficiently notified to all persons whom it may concern, by their insertion in some news- paper published in such division, or, if there be none, then in some neighbouring division, anil by posting 1 grai or ■ !»■'• 1 aci of: jiiil estr 1- to li usei whii !• this whe the bed give acti mon 1- <-'>nit.li iii~c. null, (ir dllicr piihli,' plac.' in ( 3<) ) po«tiil,i; a '' 'Py thiTcofon tlir i\ • >r nt' tli<' •liiU'li or of some' filch cniiii. i:iy (li\i-i()ii in smli di-tiii't (ir hitt.ilioti clivi-imi. \>'i. Till' [iiiHliiitiiin of a (•oiiimi--*ioii or .i|i|ioiiiimt'ut, «:iir,iiil or ohIit in writing', purp.irlin" to lie ifrantt'il or m.idr accoriiiiif,' to tin' pro\isioii.-i of liii^ Art, >liall Im" ;"v'>i » /o,'/V ini'liMii'i- of -nc h iriiiiinissioii of appoiiitm'nt. warrant or onlor, \\illiiMt proviu!; llic -if,'iiatiiic or ~i'al tlu'ii'lo. or tiic authority of tin- porsioii j^'ranliiix "r niakiii,' Mich conimission, aiijiointiiuMit, warrant or onlci. Ifi'i. Kscry lioiiil to tho Crown entered into l)y any person undi r ilic anthoritv of tlii-< .\ci or according to any ;,'i'iicral order or reirid itioin ini !e under it, or for tlie p ij po-i- of .^cniii i jtlie pivn>eiit of any -nn) of nuiney, or tin- p.'if irrnaurp of any duty or act lierehy recpiired or anthori/.'d, lietoie anv jniljre or ju-tice of the peace, or olli"er therein !iutlii>ri/ed to take the same, shill he vahd and mav he estreated or enforced accorchligiy. 1><7. K\ery iiun of money -.viilcli any pcr^o;) or c irporation is a:i ! r liii-i Act liahU' to pav or repav to the Crowii, or which is cipiivak'nt to thi- d iinan'c^ lioin- to any ar^ns or olhi-r property of the Crown used for niihti. I purposes, ^il illhc a dclit (hic lo liic Ciown, and ni ly I) ■ recovered in anv manner in whicli -ucii dehts may he rec(nered. l.'-s. I',vcry aition and pro-i'cution aijain-t any iiall he hiid and tried in I.owt'r Canad.i in tiic di:-tricl, and in Cpp-r Canada in tlie couiitv, wliere tlie act co.nplaiucd of was done, and sii.ili not he co'iuncnced after tiii- end of si\ inontii- from the doini; of such act, nor until one month's notice in writinj; of the action and of the cause thereof lias heen );iven to the defendant. And in any >uc!i a'tioi th> d cici lait m ly pic 1 1 th- tfcner.il issue and give this Act and the .special matter in evidence at th • trial. An i id pi 111110!' -Iiill re,:o\ci- in any such action if a leiuler of siillicient amends was made hel'ore the action was hroiifxht, or if a siillicieiit sum of money lias heen paid into point hy the (K'fendaiit after the action w.i-; hr(nij,dit. IS'.K If a verdict passes for the defendant in any action referred Id in the next precedinir -iction, or tlie plaintilV hccomes non-suit or discontinues the action after i'>ne joined, or if 011 demuircr or otlier- wise jud^rmeul is j,'iveii ajjainst the plaiutitl', the defendant shall recover hi- full co^t- as hetweeii attorney and client, and shall have the same remedy therefor as any defeiid.iiit hath in other ca..es ; and though a verdict is given for the plaintilli he sliall not h ivo costs again-i the defendant, unles> the judge hefore whom the trial has heen had certifies his approhation of the action and the verdiit therein. 190. All sums of money leipiired to defray any expense authorized hy this Act may he paid out of the consolidated revenue fund of this province upon warrant directed hy the governor to the receiver ginieral; and such warrants may he made in I'avour of the paymaster of militia, to euahle him to pay such expense, uv in favour of the party directly entitled to the money ; hiit no sum of money shall he so paid out of the eonsolidated revenue fund until first approved of hy resolution of the legislative assembly in the annual estimates. 191. A detailed account of all moneys advanced or expended under this ,\ct shall he laid hefore each brancii of the provincial parliament during tiie then next session tiiereof. 192. The interpretation Act shall Jipply to all regulations, ordersand cirticles of engagement lawfully made or entered into under this Act. U)3. The word "corps'" shall, for the purposes of this Act, include any field battery, troop of cavalry, foot company of artillery or rifie company, or any battalion or regiment. K\iiU-nc« aM>' to ritiwM miller llii> .\>i, how rcaivi-i jl»!c. I'rnttrlion nf iilliri'is. ,^i.-. ill Jiiirstiiiue of I.iiiiil lii.n. IVlKl.r of amvnilA, ir |iiaiiitiirii(.< noii-siiil, Ac. Nil iinn iifi.tiiisi (iL-fenil* nnt ixfipt unilff jitilgc't fcititicate. l*.i_vmi'lit of nioiiiys unilcr llii> .Xct. IVowso. vVci'ouiiting I'.irliaiiK'iit. IntiTprvtatiuii Intcrprutatiou cl aisc No. .3. No, 3. Copy of a DESPATCH from His Grace the Duke of Newcastle, K.G., to Governor-General Viscount Monck. (No. 133.) My Lord, Downing Street, June 25, 186'2. I HAVE the honour to acknowledge the receipt of your Lordship's Despatches, Nos. 92* and 94, of the 30th of May and the oth of June last, enclosing certified copies ragct. of twenty-four commissions appointing the gentlemen therein named to seats in the Executive Council of Canada and to the offices specified in the annexed hst. I have laid these commissions before Her Majesty, and I have received the Queen's commands to signify to you Her Majesty's approval of these appointments. I have, &c. Viscount Monck, (Signed) NEWCASTLE. &0, &c. jeneral, 1 in the « facie n, shall B news- and by posting (10.) E 4 1 No. 4. { 1 • 4' di m % i 'I id rS^ ( 4<' ) '^i: S ii . Hi P \ y :i^ N"- ■»• No. 1 Coi'V of ;i DHSl'A rClI from liis Grace the Duke of Nkwcasti.k, K.(»., to Ciovernor-Ccneial Viscount Monck. (No. U')S.) Mv Loiu), Downing Street, 21st August ISG'3. Now that tlic session of Parliament lias been brouiilit to a close, 1 feel it my duty to call your io;(lslii|)'s attention, in a more formal manner than I have hitherto done since the rejection of the Miliiij IJili by the Legislature of Canada, and the consequent change of voilr Ue-ponsible Advisers, to the want of preparation for defence of the British North American Provinces in the event of an interruption of the present amicable relations of this cotmtiy with the United States, and to the anxiety which was expressed upon this sul)jeet on more than one occasion, both in the House of Lords and in the House of Commons. I trust that the general spirit of those debates will not have been misinfer|»reted. I feel no less confidence that the object of the present despatch will not be mistaken, as imjilying either mistrust of the Canadian people or an alteration by Her Majesty's (lovernment of the view which tliey have frequently expressed of the relations which ought to exist between I^igland and the Colony. On the one hand the promptitude with which troops and stores were despatched last winter, with much inconvenience to the soldiers, and at no inconsiderable expense to this country, shows the readiness of l-ngland to defend Canada with the whole power of the Empire, whilst, on the other hand, the reception of those troops and the loyal enthusiasm of the people of Canada give ample assurance of the fact that Canada is attached to this coinitry, and faithful to tiie Queen. It cannot be denied, however, that the rejection of the Militia Bill has produced a disadvantigeous impression on the minds of the English people. The public cannot be expected to sec that the adoption or rejection of a particular measure may sometimes turn, not so nuich on the merits of the measure itself as on other considerations, though Her ALijesty's Government are aware that I'arliamentary tactics in a free llepresentative Assembly not unfrequently make that appear the real issue, which is in fact only the occasion. They do not, therefore, infer tiom the rejection of this measure that either the Canadian ministry or the Canadian jieople are reluctant to make proper provision for their own defence, but they do regret that at such a moment both should be exposed to misconstruction of their motives and intentions, not oiily by the people of England, but by those of the United States. Her Majesty's (jovernment disclaim both the right and the desire to interfere in the party politics of Canada, and they would evince no concern in the late change of your advisers, if it were not connected witli an event which ajjpeiis to impugn the patriotism of her people. If I urge upon you the importance of speedily resuming i-.icasures for some better military organization of the inhabitants of Canada than that which now exists, it must not be supposed that Her Majesty's Government is influenced by any particular appre- hension of an attack on the Colony at the present moment, but undoubtedly the necessity for preparation which has from time to time been urged by successive Secretaries of State is greatly increased by the presence for the first time on the American continent of a large standing army, and the unsettled condition of tlic neighbouring States. More- over, the growing importance of the Colony, and its attachment to free institutions, make it every day more essential l'>nt it should possess in itself that v.ithout wiiich no flee institutions can be secure — adequate means of self defence. The adequacy of those means is materially influenced by the peculiar position of the country. Its extent of frontier is such that it can be safe only when its population, capable of bearing arms, is ready and competent to fight. That the population is ready no one will venture to doubt, that it cannot be competent is no less certain until it has received that organiza- tion and acquired that habit of discipline which constitute the difference between a trained force and an armed mob. The drill required in the regular army, or even in the best volunteer battalions, is not necessary, nor would it be possible in a country like Canada, for so large a body of men as ought to be prepared for any emergens'v ; but the Govern- ment should be able to avail itself of the services of the strong and hedthy portion of the male adult population at short notice, if the dangers of invasion by an already organized army are to be provided against. We have the opinions of the best military authorities, that no body of troops which England could send would be able to make Canada safe without the efticient aid of the Canadian people. Not only is it impossible to send suflioient troops, but if there were im ( -11 ) S^i' !., to ist 186-3. it my duty (lone since 3iit cliui)<>e tisli Noiili dations of ii|)on tills 3 House of Idcted. I istakcn, as Majesty's ions wliicli itciied last insc to this wcr of the enthusiasm led to tliis )roduced a cannot be sometimes ns, though icsentative ; only the cither the )vision for exposed to L'land, but right and concern aj)|)eiis >mc better it must ar a]ipre- necessity retaries of itinent of More- )ns, make no flee of those extent of arms, is nture to organiza- a trained the best Canada, Govern- in of the rganized )s wliich d of the re were four times the numl)crs which we are now maintaining in Britinh North America, they could not secure the whole of the frontier. 'I'lio main ilcpcndtMicc of sncli a country nni>-t In- upon its own |)c()|)le. Tiie irro;;ular forci's w liicli can be fornu'd fnmi tlii' pojm- lation know tiie passes of the woods, are well acquainted with the country, its roads, its rivtis, its iletiles, and for defensive waifare (tor aggression they will never be uantcil), would be f.u- mole available than regidar soldiers. It is not, tlierefbrf, the unwillingness or the inability of Her Majesty's Government to furnish sufficient troo|)s, but the uselcssness of such troojis, without an adequate tnilitia force, that I wish to impress iipopi you. In your Despatch of the 17th ^iay last, you informed me that there were then 11,7(50 volunteers enrolled, besitles others who had been more or less drilled. It is far indeed from my intention to discredit either the zeal or the etficiency of these voliuiteers, who have, I hope, greatly incrc:ised in number since the date of your Despatch, but they con- stitute a force which cannot suffice for Canada in the event of war. 'They might form an admirable small contingent, but what would be required would be a large army ; they might form a force stronger than is necessary in time of peace to secure internal tran- quillity, but would be inadeepiate to repel external attack in time of war. I'ast experience shows that no reasonable amount of encouragement can raise I lie nunber of volunteers to the required extent. It appears to me that the smallest number of men partially drilled which it would be essential to provide within a given time is 50,000. The remainder of the militia would of course be liable to be called upon in an emergency. Perlmps the best coinse would be to drill every year one or more companies of each battalion of Sedentary Militia. In this maimer the training of a large ninnber of men might be effected, and all companies so drilled should once at least in two years, if not in each year, be exercised in oattalion drill so as to keep up their training. I put forward these suggestions for the consideration of the Canadian (JovcrnnK'nt and Parliament, but Her Majesty's Goveriuneiit have no desire to li date as to details, or to interfere with the internal government of the Colony. Their only object is so to assist and guide its action in the matter of the militia as to make that force etticient at the least l)ossible cost to the Pro\ ince and lo the Mother Country. 'I'he Canadian Goverinnent will doubtless be fully alive to the Important fact that a well organizeil system of militia will contribute much towards sustaining the high position wilh reference to pecuniary credit which, in spite of its large debt and its deficient revenue for the last few years, the Colony has hitherto held in the money markets of Karope. A country which, however unjustly, is suspected of inability or indisposition to provide for its own defence, does not, in the present circumstances of Ameriia, offer a tempting field for investment in public funds or the outlay of private capital. Men question the stable condition of affairs in a land which is not competent to protect itself. It may no doubt be argued on the other hand that the increased charge of a militia would diminish rather than enlarge the credit of the Colony. I am convinced that such would not be the case if steps were taken for securing a basis of taxation sounder in itself than the almost exclusive reliance on customs' duties. It is my belief that a step in this direction would not only supply funds for the militia, but remove all apprehension which exists as to the resources of the Colony. Whatever other steps inay be taken for tl:o improved organization of the militia, it appears to Her Majesty's Ciovernnient to be of essential importance that its administration and tiie supply of funds for its support should be exempt from the disturbing action of ordinary politics. Unless this be done there can be no confidence that in the appointment of officers, and in other matters of a purely military character, no other object than the efficiency of the force is kept in view. Were it not that it might fairly be considered too great an interference with the privileges of the repiesentatives of the people, I should be inclined to suggest that the cliargc for the militia, or i. certain fixed portion of it, should be defiayetl from the Consolidated Fund of Canada, or voted for a period of three or five years. It has further occurred to me that the whole of the British Provinces on the continent of North America have in this luatter of defence common interests and common duties. Is it impossible that with the free consent of each of these Colonies one uniform system of militia training and organization should be introduced into all of them? The numbers of men to be raised and tmiiied in each would have to be fixed, and the expenses of the whole would be defrayeci from a common inndcomnouted in fiiir proportion by each of the Colonies. If the Governor-General of Canada were commander-in-chief of the whole, tiie Lieutenuut-Governors of the other Colonies would act as Generals cf Division under (10.) F him, , \\ ( 4-2 ) him, hut it would be essential that an Adjutant-General of the whole force, approved hy Her Majesty's Government, should move to and fro, as occasion mij;ht require, so as to give uniformity to the training of tiie whole and cohesion to the force itself. As Mich u scheme would art'uct more than one Colour, it must of course emanate from the Secretary of State, but Her Majesty's (Jovernnu'nt would not entertain it niik-ss tluy were convinced that it would be acceptab'e both to tlie people of Canada and to tiie o'.'icr Colonies, and they desire to know, in tiie first instance, in what light any such i)laii would be viewed by the menibeis of your Kxecutivc Council. I understand tiiat the Li -utenant-Governors of Nova Scotia and New Brunswick availing themselves of the leave of absence lately accorded to them, intend to meet you in Quebec in the course ot the ^^nsuing month. This visit will afford you a good opportunity for consulting them upon this important question. The political union of the North American Colonies has often been discussed. The merits of that measure and the difficidtics in the way of its accomplishment have been well considered, but none of the objections which oppose it seem to in'ipede a union for defence. This matter is one in which all the Colonies have interests common with each other and identical with the policy of England. I conclude by again urging u|)on you the necessity for an early decision upon this most important question. I should hear with very great satisfaction tiiat your (iovern- ment had decided upon advising you to summon the Parliament of Canada to meet at an early period, so that the winter shall not pass over without obtaining from the Legidature such powers as may endile you to commence a well arranged military organization of the Provinces, and prepare for such emergencies as, though they caniiot be accurately foreseen, it must be evident to everyboily may possibly arise, and arc at jjresent very inailequately provided for. It is in time of peace that preliminary measures of defence should be perfected, so that in the event of war they may be found so far ready as to ensure that an enemy shall not obtain a footing in the country before aid is forthcoming from other portions cf the Empire. 1 have, &c. To Governor-General Viscount Monck. (Signed) NEWCASTLE. &c. &c. &c. sh ot 01 m (i el No. t. rajze40. End, 1. 28 Oct. : 862. No. 5. Copy of a DESPATCH froin Governor-General Vi^■count Monck t< Ms Grace the Duke of Newcastle, K.G. (No. 147.) Government House, Quebec, October 30, 1862. (Received 14 November 1862.) My LoHn Duke, (Answered No. 197, 20 December 1862, page 51.) Your Grace is already aware of the receipt by me of your Despatch, (No. 163,*) of August 21st, on the subject of the Militia Organization in Canada. 2. Immediately on receiving that Despatch I referred it to my Executive Council for their consideration and report. I did not press for any immediate answer, as the subject is one of considerable present importance, and opens up questions calculated to exercise great influence on the future relations of the Empire and the Province. The recent advent to power of my present advisers rendered it therefore only a matter of fairnc..^ that full time should be allowed them to discuss and decide an issue of so much moment. 3. A short time since the ministry announced to me tiiat it was the intention of two prominent members of the Executive Council to proceed soot, to London as a delcga ion from the Government of this Prcvincf; to Her Majesty's government on importint colonial business. As the departure of these gentlemen fron Canada would necessa.lly adjourn the consideration of the subject of Militia Organization until their return, I requested that before the Executive Council should be deprived of their assistance, the Government would furnish me with a report on the Despatch of your Grace, and a state- ment of their policy in reference to the matter alluded to in it. 4. I have now the honour to transmit to your Grace the accompanying Report of the Executive Council, authenticated by my signature, on the Despatch referred to it. 5. I will iiot enter into the discussion of any abstract theories as to the relation which should subsis*; between England and her Colonies in reference to colonial defence, because your Grace's Despatch is professedly only suggestive, and does not seek authoritatively to fix the degree in which the mother-country and the colony should each contribute to that object, and the admission on the part of the colonial government that anything approved by , so as to give ?matiate iVoni it iiiiless tilt V a and to tlio ny such plan and tiiat the selves of the lie course of suiting them ussed. The it have been ; .1 union tor »\ witii each II upon this )ur (jovern- > meet at an Legislature anization of ; accurately )resent very of defence ready as to forthcoming ASTLE. rrace tlie r 30, 18()2. No. 163,*) Council for the subject to exercise rhe recent of fairnt;,o so much ion of two delega ion importint lecessa.dy return, I stance, the lid a state- ort of the it. ion which e, because aritatively tribute to anything ( 43 ) should be done by them in the nay of defensive preparation is a prooi' that the difrerence of opinion, if any, existing between your (irace and the Kxecutive Counril ofC'anad.i f degree only and not of priiRi|)le. I think too that it is mv diitv rather to annlv vself to the piactical proposition put forward. 1 will, theretore, protied to put voiir one o m (jrace in possession of my opinion as to the efliciency of the ))laii of or-'aniz embodied in the accompanying report. It ion (1. In order to make niv remarks liillv understood, I std must »lraw your attention to the prescut condition of the Militia I'orte of the i*'"ovince as regulated by the existing law. 7. Your Grace is aware that what is called the Sedentary Militia embraces the whole male po|)ulation of the colony between the ajies of IH ami (iO. 'I'he men are diviiled into battalio'is regularly officered ; but from the circumstance that this battalion orjiuni/a- tion is territorial in its character, it is obvious tiiat it is not available for the puri)ose of actual .service, because if you called out for service a battalion of the Sedentary Militia, you woulil depopulate of its male inhabitants the district to which the battalion belonged, and woulil leave wholly untouched the poimlafioii of the smrounding districts. ■ S. It is therefore evident that in the event of circumstances arising which would necessitate the calling out of the militia lor defensive purposes, the regimental or bat- talion organization of the Sedentary Militia would afford no helj) towards embodying the men in battalions so as to render them useful for actual service. Some mode of per- f()rniing this necessary work would have to be exleinporized at a moment of comparative alarm and confusion, ami the nece'sity for this would certainly cause great loss of time, if it would not leiul to the entire fiiilure of the attempt to raise an effective force. {). I have entered into this explanation because I am convinced tliat the want o( any preliminary organization jiervading the whole country is the great difliculty whi^li would have to be practically encountered if Canada should now be comjielled to defei'd herself against foreign attack, and that any system of preparation lor ilefeiice which 'sled fullv to meet this difficulty would be com])arativcly worthless. 10. The plan of the government contained in the accompanying report may be .stated as follows : — ■ 1. Hrigade majors arc to be ap])oinled in each district. 2. Drill a.ssociations to be formed of officers and non-commissioned officers of *spi':_i,tary Militia, who i're to be superseded if they refuse t:) learn their drill.' .3. Knrolment is to tie "secured'' of a fixod quota in each district of first-class service men in companies and battalions with officers. i: Volunteers in future to be clothed, but none paid. 5. Drill room.s, armouries, ami rifle ranges to be procured for the volunteers as circum- stances permit. It will be seen that the Executive Council proposes to deal with the difficulty above referred to in this manner. It proposes that the brigade majors throughout the couniry shoidd " secure the enrolment*' in companies and battalions within their di.strict of such quota as should be appointed of the first-class service men (unmarried men and widowers without children between the ages of 18 and 45). 11. This enrolment appears to be entirely independent of the ""'unteer or Active Force organization, and instead of consolidating and systematizing the voluntary action of the people appears to me more likely to confuse their minds by the introduction of a third system of enrolment in addition to that of the Sedentary Militia and the Active Force. 12. This enrolment is meant to supply the want of any organization now in existen \ by means of which, on a sudden emergency, a portion of the militia might be embodied for active service in a short space of time, but unless the men whose names are enrolled arc i)ut on the same footing with regard to their enj^agement for service as tlie active force, who bind themselves to serve for five years, there is no security that the enrolment will ever produce ar y practical result, as there is nothing to compel the enrolled men to serve when called on. 13. There does not appear to be any inducement held out to men to place their names on these lists or to serve when called on, in the way of supplying them with arm.s, clothing, or any other benefit, to excite or maintain a military spirit amongst them. It is in fact an attempt to re-introdL-ce in a worse form Class B. of the active force, which it is proposed by this Report to abolish, on the ground of the unsatisfactory manner in which the distinction of classes in that force operated (Class B. in the active force is that portion of the volunteers which has hitherto served without pay, in contradistinction to Class A., which received a certain amount of pay each year). I therefore think the measure would prove entirely nugatory, and that without some inducement no men would give their names, and that it will, therefore, fail to provide what I feel certain is the gr»>at (10.) F 2 ( 44 ) • i It ■, '' ■ ! • ■ i fl ■i i ii H 1 ■i 1 M 'I H '■\\ f n ■al ¥ fl ;';■?' ■^; 1 '''■•J M '•M :' iu ; -i t j 1 i; -;■»■■■; - End. 2. desideratum of tlic defensive force in Canada, namely, a machinery erected in time of peace by means of wliich, at the approach of war, an organized and embodied force coidd be at short notice tiirncil out. 11. The plan proposed docs not, as regards system or organization, touch the volunteer force of the coiuitry at all, nor doos it propose to give any etfectual form or direction to the excellent spirit by which the people are animated. i.5. On the whole, I cannot conceal from your Grace my opinion that, as regards the cardinal necessity of the time, a systematic orpanization of the forces of the colony for defensive purposes, the plan indicated by the government contains no principles cal- culated to produce effective results, and tiiat tiie only attempt made to grapple with the difficulties of the subject will prove completely illusory. 10. With respect to tlie other proposals of the Government I do not find any fault. It is Iiighlv desirable to foster a military spirit in and to promote the acquisition of military knowledge by a people circumstanced as the Canadians are, and the measures proposed |p l)e adopted seem to mc, as far as they go, calculated to promote these ends. 17. I entirely approve of the abolition of the distinction between Class A. and Class H. in the active force, and of the proposal that in future the Government shall supply to the volunteers everything necessary for their equipment and drill. Class A. of the volunteers giving up for the future their distinctive claim for pay and being put on the same toiins as Class li. 18. The question of militia organization has been argued all through this Report, as if the only choice that existed consistently with the maintenance of a moderate expenditure on the militia was between the ))lan indicated by the present government, and that brought forward by my late advisers and rejected by Parliament. In order that tiu re may be no misapjirehension on this point, 1 beg leave to place before your Grace the enclosed heads of a ])lan for the organization of a militia force of 50,000 men, a copy of which I gave to the head of the Government wiicu I desired a report on your Despatch. 19. It will be seen from the estimate appended to this memorandum that, supposing the expense to Le spread over a period of five years, the annual cost to the colony of this system would not be much, if at all, beyond the sum appropriated for militia purposes in the last session. 'JO. Although the supply of men by means of the bnllot is named in this memorandum as an alternative if a sufficient number siiould not be produced by the plan of volunteering, it forms no essential part of the scheme ; and my own confident conviction is, thft so loyal is the spirit of the people, and so strong their desire to put themselves in a position effectively to defend their homes and institutions, that the number of men proposed to be raised would have been easily obtained by the voluntary action of the population. 21. Under this plan it was proposed to leave the d'ill to the spontaneous desire of the f)eople for learning it, to provide them with all thf means for acquiring military know- edge, and permit them to adopt the times and seasons most convenient to themselves for its acquisition. 2'J. I have a strong conviction that if this or sc me similar plan were put in operation, a very large amount of drill would be voluntarily submitted to by a considerable propor- tion of t'le inhabitants of Canada. The citizen soldiers of the Province would become personally interested in improving their discipline, and increasing their knowledge of tlic military art, a spirit of emulation amongst different corps would arise, the complete battalion organization would enable the different regiments to turn out for field exercise on holidays and other periods at which they mighi desire to do so ; — and on the first out- break of war the Province would have an army possessed not only of the will, which is common to all Canadians, but of the power " , ensure that an enemy should not " obtain a footing in the country before aid is forthcoming from other portions of the " Empire." 23. And all this would be done by merely giving systematic form to the voluntary action of the people without in any way interfering with their industrial pursuits, trenching on their personal freedom of action, or imposing additional pecuniary burdens on the Province. 24. With regard to the suggestion contained in your Grace's Despatch as to the conso- lidation into one force of the militias of the British North American Provinces, I did not fail to consult the Lieutenant-Governors of New Brunswick and Nova Scotia when they were here last month. Th'> conclusion we arrived at is similar to that expressed in the Report if the 'executive Council of this Province, namely, that the means of communi- cation are rot as yet sufficiently easy to enable the three Provinces beneficially to avail thj di{ to I abl II mH ( 45 ) themselves of the services of a common liead to their miHti;» forces, so that even if other (lillicultie.s in tlic way of the pla i liiil not NUgnost themselves, that woiilil in itself be a I) ir to the scheme lor the present. I do not nnseh' believe that the move vvoiihl he accept- able either to tlie Canadians or to tiie inliabitants of tiie Lower I'rovinces. I have, \c. His Grace tiie Duke of Ncwca.-cle, K.G. (Signed) MON'CK. &c, &c. &c. ■ Kxei'lk'iicy tlu- Govt-nior General. TIk; Committee of the Kxcjutive Council respectfully recouuuend that a copy of the aeeompaiiying incnioranduiu lie trausuiitted liy yom- KxcclleiU'V to tlu' Si'cretary of State for the Colonies, as coutaiu- iuK tlu; views of your Kxcelleucy's advisers on the ([(u-iticii di<(Mi»scd iu his Grace's Despatch of the End in No. ( 21st August 1H02. Certified, Wm. H. I.ee, C.K.C. their consideration the Despatch of his The Coniuiittee of the Kxecutive Couiu-il have luui luulci Grace the Duke of Newcastle, of the iflst of .Vu^ust last. In this Des|)atch his (Jrace directs atteutimi to the present state uf tlu> defences oftliis Province, to the anxiety which is entertained liy the IJriti -h (iovernnu'ut in r('j.'ar(l to tiicni, and to tlu- nu-asures which, in his (irace's judfnaent, are necessary — on one hand to fultil tiie cNiieitatious of (ireat liritain, and on tlu- other to |ilace Canada in a ])osition to meet any eiiu'r;:eiicy. Ilistiracc alludes to the niisappreheiisiou pii)duced in the luiiids of the Eiijflisii peuple Iiy tin- rejccti'm of tlu- Militia Mill prepared liy their luedecessors, justly reniarkiu;,'', however, that that proceeding; on lie- part of the I'roviiicial I'arliaiueut does not ail'ord evidence of an uuwillini)ulation eapalilc of hearinff arms shoidd receive tliat organi/.ation, and ae(|uire that hahit of di.-cipliue which constitute the ditterence lietween a trained force and an arnu'd mol(, and tliat fifty thousand is the "smallest ninnher of men ' which the I'rovinco should have in a partial state of familiarity with drill and other military duty. It is reeounnonded that one eompi'.ny of each battalion of Sedentary Militia, or mor(>, should ho drilled every year, that the trainint' of a largo nunihor of men may thus ho gradually ellected. Pre- parations of" this charaetei ami to this extent are calculated, his (irace remarks, to maintain and improve thj credit of the Province in the money markets of Europe. In conformity with this view, his (irace expresses himself convinced of the desirableness of steps being taken to secure a basis of provincial taxiition apart from customs' duties, ami the better to secure the permanence of siudi an organization as his (irace proposes, bo recommends " that its administration, and tlie supply of funds for its support, should bo exempt from the disturbing action of ordinary politics." The expediency of defraying the charge for the militia, or a certain fixed portion of it, from the consolidated fund of Camula, or voting it for a period of three or five years, is further suggested as a means of removing tho militia ((uestion from tho arena of party politics. Anc/thor aspect of the (piestion is presented by bis Grace, namely, the desirableness of uniting tho defensive measures of Canada with the defensive measures of the other British Provinces tm the American continent, " that one uniform system of militia training ind organization" may lie introduced into all of thorn; such a scheme, it is added, must emaiiate from Ilor Majesty's Government, and the opinion of your Excellency's advisers is desired in relation to it, liis Grace being of opinion that a union for defence may precede any political union of the North American colonies. Tlie Despatch of his Grace involves matters of the highest importance, and alHrms a principle which, for the first time, comes in a practical shape before the people of Canadfi. Your Excellency's advisers have not been unmindful of the discussions upon the subject which have taken place iu tlu; Imperial Parliament, Iiut, until now, they have not been called upon to consider the principles of a policy so gravely atl'ecting the relations of Canada to the mother-country. The friendly spirit in wliicli his Grace has conceived his Despatch will be cordially reciprocated by the Canadian people. The promptitude and liberality with which Her Majesty's Government pro- vided for the protection of the Province when, on a recent occasion, danger seemed to menace it, are fully appreciated, and it is gratifying to know that tho loyalty and ardour manifested by Canada in an emergency which her people had done nothing to produce, and were wholly unable to prevent, are, in turn, duly understood and valued by the Home Government. It is not doubted that the same mutual regard and confidence will Iw exhibited in any commu- nication or negociation which may follow his Grace's Despatch. At the same time, however, it is felt that in dealing with a question, affecting so deeply the present and future welfare of the Province, care should bo taken to base any arrangements that may be entered into upon something more solid than sentiment, more enduring than any proposal not recognizing the rights and interests ot the Canadian people. (10.) F3 ! .>■ ( J6 ) 1' .III r\|ii'|jll williiii; t(i provi Before priKi'Piliiif,' ti. iNprcn!' mi oniiiimi upon tlic |.MiMwitii>iin contniiu'"! in liis (irarcV Dcspaidi your I'Aci'lleiiry's ailvi-cr'- taiiiint rclraiii t'roiii ri'ciilliiif; tln' circiiiii^Iaiin's iiiidiT wliicli tlic\ a.>Mi I the rf^piiii>il)ililirs of nllic.'. 'I'licir piiilt'((>!-ipi>, lluy taiuiut f'Tifct, pioi'iitcil t" I'ailiainciii a Hclifiiic whicli failfil til olitain tlic .Mippurt ..f tliat IhmI)-, and «liirh, m. far as can l)f aM'iTtaim il, was* rxtniTuly (li«ta>iiful to ilic imnitiy. It failed ,f hiuVcs tint mdy im tin- i.'roiind that tlir nn lliuil of iiirolnicii't propoMMl wn- in it-cif liijilily ohiiMtionalilc, liut liccansc ii .-talili-liiMl a inacliiiuiy ciiinlinmn in its cliarai-ItT, at \ariaiMe with t'li.' Iial>ll> and f^.niiis of tlii' <'.inadian p.M|.l.', and intailin;; ditnrc lar in cxci^ of tin' Mnn «liiili llw lit,'isl«turr and the pcopli' lia\i' drclaicil ilnniM'ho kidc. Ill'' njiition of tln^ nilall\c' As-cnibly was tin result, not'nf party rondiinations. Imt of a di'lilicrah' conNii tion that it> iirinri|(lc was nnadaptnl tu the occa-ion, that' l!if nntrf striking of its fi'atnns wctc chnoxions to tlic I'rcnincc, and that the finaiK'iai ii-onrcir< a\ailalplc foi ;i:il!tary pnrposo \\crr uiicipial to the outlay that woidd li.nc fiillouiil the cnai 'nicnt of the hill. 'I'lie volinitecr oij;ani/ Jtion, Vonr KxcclleiicyV atlviscrs were conviiucd, i> that alnm' through «hi(!i the military spirit of tli,- people must lind vent in n period of iveacc. In case of actual eiucrgeniy. your KxeellencyV advisers are persuaded the response to an order calling out the militia would he uminimous ; but there is a decided aversion to compulsory service, except in the presen< i- of actual danger. With their kiio« ledge of the un\villin„'ness of the peo|)le to act under the compidsory >ystem ; witli the verv strong and general ex|iressi()ns of prefereiwc for the volunteer system, which secures to them tliechoiceot company ollicer.-,aud with proofs of tlie growing vigmir of the volunteer organization lir circumstances of duliions emMmragemeiit, your l'Aceilen that which coinmeiuled itself to the judgment of the Kxeciitivc C'mnicil. They addressed themselves to the snliject therefore, anxious to lav the foundation of an elliclcnt (Icfensive orgaui/.'tion, hut convinced of the necessity of consulting the public will so far as the vcdiintary nature of the orgaid/.ation is conierncd, ami convinced also of the necessity of so adjusting the exj)enditure as not to add to the cmharrassmciits which were then, and still are, among the i-hief obstacles to e\ery new enterprise originating with the (lovernment. In this spirit amendments were made to the militia law (ircviously in force, tlu' aim of the new Government being to infuse vitality into the voluntary hraucb ol' the service, to encourage the formaliun nf volunteer companies in rural districts, ami to provide measures tin- the better disciplining of the force. The appropriation made by Parliament for these purposes was largely in excess of the \()te lor the previous year, and was fully as large as the circumstances of the Province would justify ii (ioverniuent 111 asking at the hands of the Legislature, except in the |>reseuce of emergencies which, as yet, do not exist, ill l.^tJl the appropriation was ,s'> howovor to ninkt> nny gi iifial |)ri>iiiiM' ii|Hiii tlicxf points, or to p'' ljft» the Frovinre to any considi-ralilc •■Npcnditurc on afoiiiil of tliciii. 'I'lu- nci'd really t-xists i .. in central localitii% the demand of «liiili wdl be duly ronsidered and aited n|ion from time to time. The iipipiirtaiire of l);ittiilion drill is loo oh\ious to he lienied. Its enforrenient must, however, he re^riiliitcd hy it- pnictiiahility. In the cities and larf^ei- towns it may !>e cairied on, not oidv withoMt additional cost, hut uilhoiit eiitailinij upon the volunteers extra sacrifices or trouhle. In tlu' rural districts the case IS dithTeut. 'iVith a sjjarse population, avcrafin^' less than three inhalntants to the -fpiarc mile t)iroUL;hout (aiiada, enyaued in a;rricullural pursuits, ainl for the most part stiuffirliiiif with the hardsi!ip> and dilliculties incident to a ( (luntry in wliii h < .ipital is scare.-, and a lar(:e portion of which ri'mains to h,' reclaimed, any drill remote from the residence of the vnlinitecrs is impossihje. It is mt >iini)ly a iinestioii of pay. Nothini; is more certain than the unwillinifue-s of voluiiteurs so situated to ahsciit themselves Irom their inunediate uei;^hhoiirlioo(|s for purpose . ot niiliiarv inslru<- lion, not merely liecause of their iiialiility to dispense with ])ay, hut hecause of tl;e extent to which the absence would interfere with pursuits that cannot he interrupted wit hunt injury to thi'tnselves and loss to the country. Their farms reipiire their unremittinir attention : the scarcity'of hired labor hcing loo serious and constant to allow of absence on the part of the settler- thcniserves. In tin- event of war, no doubt, these hindrances would not keej) ba( k the able bodied population from the service of the count : 1)11 ■ they are averse to inteifereiu'e, except on occasioiif (.ff;rave incessity; ami in the opini' ' iftlie i'Aecutive (.'oinicil, it is not desirable to excite discontent anion;;-! them by any premature att Mipt o exact con.pnlsoiy service. The 1 atalions in the I'rovince number Hi;?, with oflieer» and non-eommis-ioiu'd ollicers, ninonntinf^ in tlie aii-gregate to i.'7,7Hii. or an aM'raijre of lio to each battalion. Assuminu thct of these an average of three Ibiirths obey tlie order for drill instruction in the iiianiier already imlicatid. a total of L;n,s.ir> will bo i|ualili;'d for geni'ral drill instructors. '1 hi' argument against eidbri'cd drill, as apjilied to the rank and li'e of the niiht'ci, does not liear upon the ollicers of the .Sedentary rovcc who in)sv hold commissions. They at any rate n;;-, l)e rccpiired to qu:dify themselves, and it is intei .led very shortly to call upon them to uiuii rgo drill in the manner already indicatey tlirrct taxatiipii to filitaiii an iMTca^c of incoinp coiniii(Mif.urati' with liic iiicrraxc ol' rxpiiiilitiire wliii it uoiilil lollow tlic orL'ani/alioii of tin* lar^'c font; pro|Mi-ril. Without cnliiini,' into a (ii-rn>Moii .if the nlatiNc iiiiiils ol dircit ami iinlirtit ta\ation, your IaciIIi iii y's adviser^ fol tli.it it would not 1m' prMdinf, HUildrid;- or to any liir^jc cMcnt, to iin|io,'unient iiiion tiie supposition that the altility of tiie Cmadian jieople to ^ustaill taxation is (,'reaur than has liitherto Imcu ackiiowled;;ed in the tisi al airan^jements of the Ciovernmenl. 'I'li>' wealtli of tlie country is in its lands. If the people are in the enjoyment of eomparative wealth, it is so invested as to he not readily availalile for the production of a larjic money iiK-uine. Your Kxcellency's advisers helievr ;liat no novernnient eonld exist tlmt would attemiit to carry out the HUfrj.'1'Stion of his (irace for the iinrixise desii'ned. 'I'lie ni.Tiiiteiiaiicc of the I'roviiicial credit ahroad is nndouhtedly an olijeet which the ndniini«tratori< of the afl'airs of the rrovince siioiild, at any cost, accoinidish. ^'oiir IvxcelleiK y's ad\iscrs -idmiit that their various measures demonstrate the sincerity with whivh they are striving tip i)ii serve the iiuhlic credit nnimpared. 'I'liev contend, however, that not the least imiiortant of the airencies to he employed to this end. is the exhihition of a due regard to the nipans at tlie command ol the Province. 'I'iiey hold that they are more likely to ictain the confidence of iMiropeau capitalists hy carefully ay eriiharkii);f in schemes, how mer ho'. table in thenisehes, lieyoiid the availahle resonrees of the Canadian people. That they are ii ' e willing to try to the nfinost to comply with the suggestions of the Imperial (ioveniment is ■.iin'cil hy the mainu-r in which the projected intercolonial railway has heen entertaiucil. 'I'heir comluct in this matter should relieve them from every imputation. .\t the same time, they insist that they are, and must he, allowed to he the hest judges of the jjrcssure which the Provincial credit can sustain. They are prepared, snliicct to certain conditions, to em'umher this cro\i\U' can lis ladlaii |ii'ft|ili> IMIK'llt., (if tllf •'nJiiyiiM'nt of I lar^ic iiKiiii'y il atti'iiijjt to ulii)iiii«tratiir:< * >iil)iint that f tilt' |iiilili(' lie cinpliiycd incc. 'I'iu.y illy adjii^tiiif,' i licyiiiid the lie iitriKj.st til ill \vlii('li t|||. ii'Iicvr thcni I (I til III' tile I. Slllljort t'l If.iilway, Imt ditastefiil to ciicuiii.staiicc irisc Your 1) remove ilii. ' ii- midriiily 'liicscufalion , and oii'j:ht It ions. '111!' naval forces lias dared to if live year.1. I of military \Vliat the likely to be institutions, those v\hicli f the people (Fairs of tho y' when they 1" a military '. A union II system of r Vlajesty'H and wliose :'y's advisers present be te relations ion even of measure of S'ova Scotia cquenccs of J no closer and equally exjiensive .xcellcncy'g ccting the lent of liis rovisioii for ill tho case areiit state licy which lot enough within its of a line of action Hliich it* ohii li'f;i"l.\liir> liave im vuii e in nrniinatiii',', ami l.iH.iril- the formiiiitiiiii of wlii.-Ii they can dii nntliiii^' ; ,1 further ri'-piiii>iliility i> liidd In alta'li to the loliinial rclitliiii, Tlie ciiIkiiv, altliiMiKli the llicalre of ruiniiii- hiir.lililit" . iiiiut fiiriii
  • t and poucrliil l{e|iulilic with a iiontier evteiiijiiii; u|)ward- ofa llniu-i.inil miles, with im deep back cniintry to -ii'-taiii il. and .icce—iblc in case of war at ir.iiiieriMi- imiiit-, ii i- admittcd that (aiiadi should be as-istcd tiiiiic<. 'I'lie l)c-j>atcb i>l his (irace seems in some mensure to eonllict with this view. His (iraie, while promising; liberal a—i-t.nice. contend- that any a\ailable supply of re^'ular tnmp- woulil lie uiieiiual to the defence of the I'loxinie, anil that "the main dcpeiidaiicc of -uch a country mii-t be upon its uwii people for defence." Your Kxicllpiicy's advisers would not be faithful to tin ir own convictions or !o the tru-t repn-ed in them, if they witheld an e\prc--iou of their bclicftli.it vvillnnit very larye a-sistauce any ell'ort- or snciilice- ol which the people of the Province are capalile would ii<:t enable them -uccessl'iillv. and biraiiv lenj.'tlieiieil periiKl, to rep-.l invasion from the neinhbourinj; Uepulibc They have relied lor protection in some deffree upon the tact tli.it under no lonceivabli' i Ircum-taiice will th.v pr.'Voke war with the Inited Stafe»; niiil if. therefore, ( anada should become the theatre of a war resulling Ir. ni Imperial poliev. while it would cheerfully ])ut forth its strength in defeiii e of it- sod, it would ueverllicles- he obliged to rely for its protection maiiilv upon Imperial resource-; and in such an event it i- their opinion that tlicy vvoulil be juslilied in expecting to be assisted in the work of del'ence with the whole -treiigth of tin Kinpire. It is not necc'-sary at this sti'ge of their hi-tory to put furvvard a-surances of the readiness of the Canadian peo|ile to assume whatever respoiisiliilitiis beloiij,' to them as -ubjecis of llci Maje-ty ; their devotion has been exhiliited too often to be open to doubt or depreciatinii. I'iiey have made -acrilicc- that should reliev" tlietn from suspicion, ami which Her Maje-ty's (iovernmeiit -lioiild rememlier a- a pledge of their fcldity. No portion of the Kmpire is exposed to sntl'erings and >acriliccs eiiii.il to tlio.-v- which would iiievitaiily fall uiion this I'rovince in tlie event ol'uarwitli the I'liited State-. No proliablc combination of rcL'uhir troops and militia would preserve our soil from invading arinie- : and no fortune which the most liangnine dare hope for, would prevent our iiio-t tlourishing districts from being the battle Held of the war. Our trade would be brought to a stand still, mir imliistry would lie paralysei,, our richest farming lands devastated, our town- ami villages destroyed, liomes, happy in peace, would be rendered miserable by war, and all as the result of events for the production of which (,'auada wouM be in no wise aceouut.able. Your Kxeellency's advisers .idvert to these contingencie- of our po-itiou, not to jn-tify inaction, bu: to shew the unfairness uf demands predicated upon alletred seltislines- and sloth on the part of Canada. They simply [loint to conser|uoiices which it iscriininal to eonce.il, and to dangers which it is folly t' deny. So tar as their own policy is concerned, they are content to rely ujion a lair interpretation of tli ■ measures tliey have adoptecl, and others that are in contemplation. 'I'hey have reminded your KmcI- lency that the appropriation obtained from Parliament is as large a, the state of the finances will allow it to be, and tlioy have gl.inced at their plan- for the purpose of proving the wi'^dom and justice of their course. Their anxiety is to do all that ought to be done, and to do this in a manner acceptable to the Province. They have a right to claim, therefore, that their exertions .shall be considered in the temper and the light in which they have been undertaken, confident that time will vindicate the sagacity of their measures, and the loyalty of the Canadian people. They will be happy to learn that their efforts receive tho approval of her Majesty's Government. Whether this hope be realized or no! they are .satisfied that they are acting in conformity with the wishes and interests of the ])eople who.-c confidence elevated them to their present responsible position, and whoso will they are bound in all cases to respect. Executive Council Chamber, Quebec, iiSth October, 1^02. Enclosure 2 in No. 5. Heads ofa Plax for the organization and increase of the Active Fohce of the Mti.niA in Canal a. 1. The distinction between the Sedentary Militia and the active force to continue as at jirescut established by law. 2. The active force (Infantry) in future to be organized in battalions of the following stro^igth : — 1 - - 2 Lieutenant Colonel Majors Adjutant Quarter Master Surgeon Assistant .Surgeon Captains Lieutenants Ensigns (10.) . 1 1 1 1 10 10 10 37 Hi!'-'.. J in No. 5 \ i I i \m G • -,-H^ ( .^*> ) r t: :& 'I It ■ "i ;< ! ,■■; ,:,;;.! 'i|..iy| !i mf SiTJiiint MojiT 1,'unrtcr MiU'irr ."HTJcsnt ll"'>jiitHt ScrjiMnt I •rum Mnjiir ScrjtMiits CnrjKirali I>riiMitiiiTI I'rivatu* I 1 » 1 40 4U 10 7 lit All <'fiiiipanii'?" (if the active forrp now in cxiufciico to lii> furmcd into liattiilionti wIuti' tliiHliaiiii.it MH'ii alivaiiy tl'iiic, I'itlirr liy acKociatiiiff tlii'iii with (■iini|iaiiii-i« alruaily I'xiitliiiff within thoir rcftppctive (li'-f t* or with tirn i'(iiii|iatiii'' tn he hcrfaricr loriiinl, :;. 'I'hr liattaliiiii-: oCthf artive f'rrc of iiiraiilry to he iiiitiihoriMl in con»t'CUtiv(' ntinihors through tl;r ontirt' I'rovitK"' ■!•< may he ordcn-ii hy the ('oiniiiaiuhr-iii-Ciiii'f. 4. Kat'h haltalioM of till' active forro of infantry filial! he eiiiii|iii>eci of men raised from a territorial diviiion of tile coniitry eorresiiondin;; with a regimental ili>tri('t of tiie Scdeiilary Militia. The (|ii(< suhdividc.! fo that the suhdivisions sli.ill corresiiond uilh the nundicr of the active hattalion fixed as the ijuota of ll:(' repiinental district. And the nu'u of each active liattalioii shall he taken from one of such !.uh-divi>ioiis. The men shall in the (ir-t iust.ime he rai-ed hy vohintierinLf, hut shoul.l any district not have comiiletcij Its (juota of men within a time to he liniitcd it shall he competent to the connnaiitler-in-chief to ordi r that the men should he rai^eil hy hallot. j. All oltlcers of the active torcc shall, in the lirst instance, reicive ])ro\isionnl appointnienl-, to he made nhsolute, if they shall, within one year from the ass a practical militarv exuiniinitiun hefureii board of nulitarv otDcers, to he appointed hv tin; Cunnnaniler-iu- Chief. It bliall he the duty of this l)oard to report sjiecially to the Comniander-in-Chief, the nanu;s of such oUIcers as may have di-tin<;nished themselves hy proticieney in military knowledge. ''.. The uniform of the active force of infantry to he scarlet with blue facings and nilvcr lace. All uniforms now in use to he w(n-n as lonjr as they are sorvieeahle. 7. A brijiade-uuijor shall he ajipointed in each military district to attend to the organisation nm\ discipline of the active force in conformity with such orders as may from time to time he issued hy the C'ommaniler-in-Chief. H. Drill Serjeants in proportion to the number of the men enrolled will be stationed at suitable places through the I'rovince. !». Drill sheds, armouries, and rifle ranges will be jjrovided for the active force. 10. Rifles, bayonets, and accontreinonts of the best construction have iu-eii supplied as a loan hy the Imperial Governnu'nt, and will he issued to the active force. 11. The distinction between Class A. and Class H. of the active force to he abolished. The basis of the system in future to he that the oflicers and men shall serve w ithout paj-, and that government shall provide the non-connnissioned oiKcers anil men with arms, uniforms, and all other requisites for their organization and discipline free of charge. 12. Iherc shall he i)aid immediately to each member of a corps organized in Class 15. since May 1, isiJl, who shall have provided himself with uniform to the satisfaction of the Commander-in- Chief the sum of six dollars, and a similar sum in Isil.';, if Parliament shall sanction the payment; hut in future no money payment will be made to members of the active force on account of uiiifcrms. The Government w ill supply the thithes to the men Individual ca.-es of corps not coming within the above rule will be considered and dealt with according to the particular circumstances of each case. Annual Co ft. 19 Urigadc Majors at. *()00 - - - • 124 Drill Serjeants at §400 ... Appropriation for militia I8G1 Deduct— Storekeepers ..... 5(2,400 Care of arms .... . ,<(r),000 Drill of Active Force - • - • .<;21,C44 Musketry Instruction . - - . ,*2,000 Additional amount for drill which would be saved by the proposed arrangement . • ,*1 5,000 ,f 84,97 4 .'■ 11,400 6'40,«00 Clothing* .'iO,00O at ,«;-i Uniforms should last at least five years, one-fifth C2 Armouries at ,{(500 ... fi2 Drill sheds at ,$1,000 - . . - Interest at 12 per cent $40,044 '•700,000 f!Sl,000 $02,000 ^93,000 38,930 $140,000 $11,160 $251,090 • This incliKks funic, trov.-scrs, ciinko, great coat, fur cip, nt regulation price?, with a sraiiJl addition io over cost cf transport. 10 SM| iir>- tiii.H has ii.if 1 tlioir ri'upccfiv,. bcrs throut'li Ihi 'rniii a tcrritiirial ilia. 'I'lii' <|ii()t,i tlic Ci)iimiiiii(liT- iit" infantry slwH ill l>«' Mil)(livi(lc.l 1 till' c|U(itll ub-(livi>iciii>. I liavc CKinjilctnl iii-tliief to onii r loiiitiiipiits t" 111' ointriu'iit, IJa^s a I CommaixliT-iu- lu iiainc8 of sutli siilvcr laoo. All iijfanizatiiin and riif be issued by t suitable plaecs as a loan bj' the bed. Tlie basis bat JK'overnmeiit ler requisites t'ox Class li. since Commiiiider-in- II tbe payment ; unt of uniforms. and dealt with ,400 ,«00 ,930 000 160 090 mnJl addition to .t<^ i' a: ) No. 6. Coi'Y of a l)l'.SP.\'rt'II tVoiu His Grxci- the Dlkc. or N'twc.\sri.F., K.G., to ViSCOtNT MONCK. (No. 197.) My Loud, DmvniMf; Street, iK-CL'mbor ^ti, Hfij. 1 IIAVK tlie lioiiom toackiiowleil^'c your Uc-iiiatcli of the 3(»tli Octolier,* t'oi wauling a Ueport of vmir ICxcciitive Council upon my l)L"«|iutcli of Aii^u%t "JUt,! accompaiiicil by observations of your own ii|)on tliat Ueport,uiiil especially upon the plan which it coiuaiiis for the further or<;ani/atiun ot the Canadian Militia. I greatly re;jrct to fnul that that plan, while cli'octing some improvement!* in the present .system, will yet, as reganls the svHfematic organization of the force of the colony for (lefensive purj)o.ses, prove, as you observe, " completely illusory." You also lay before me heails of another plan for the formation of a Militia l-'orce of .W.OOO men, which I concur with you in rei»ariling as a measure of a more substantial character, anil more worthy of the j;reat Province of Canada than that propo>eil by your Kxecutive Council. I .shall not attempt to discuss tlu* details of eitiier of these .schemes. I will only express an earnest hope that tiic patriotic spnit which animates the volunteers of Canada may be turned to the be.st account for the defence of the coiuitry, an object which, I conceive, would be mo.it etfectually attained by formintr tliem into battalions of the Active Militia force within detincd divisions of the Province, not indeed to the exclusion #of other vohmteer associations, but with an eye in the first place to the completion of that territorial organization, which is, as you justly term it, " the cardinal necessity of tiie time." I turn for a moment to the comments made by the Executive Council in their Report upon my Dcspatcli of :ilst August lasf,J one or two of which call for some observation from me. The Report as.serts that " in the opinion of your advisers no Government could exist that would attetnpt to carry out my suggestions" for the raising of a force of at least 50,000 "partially trained" militia. A sufficient answer to such an opinion is contained in the document with which you iiave furnished me, showing how the nundjer mentioned could be provided at a cost which, if spread over five years, would scarcely exceed in any one year the small amount voted for militia piu'poses in the last session. Nor can I believe that the Canadian people would condemn a Govirimient which siioidd etfectually provide for tlie defence of their country, even if the necessary expense should exceed the smn of 50,000/. per annum. •• Tiie Report expresses great surprise at a .suggestion made by me, that the charge for the militia, or for a fixed portion of it, should be voted for a period of three or five vears. Such a measure, they say, " will never fftul ought never to be entertained by a people inheriting the freedom guaranteed by British institutions." If there are any reasons in its favour they think that they are " in every sense as applicable in England as in Canada ;" and they conclude with the sentiment, that " popular liberties are .safe against military despotism, wielded by a corrupt government, only when they (the people) have in their hands the means of controlling t|ie supplies required (or the maintenance of a military organization." I beg you will point out to your ministers, in reply to these observations, some material circumstances which have escaped their notice. The terms of my Despatch show that I was well aware that tiie course in question, if adopted by the legislature, would be, to a certain degree, a surrender of the strict constitutional rights of the representatives of the people. It would probably, however, occur to them, that popular liberties woidd be in little danger from a body of citizen soldiers; while there remained within the Province, not only without exciting any sncii fears, but with the hearty approval of its people and government, a force of regular troops whose number would be fixed at the discretion of the Imperial Government, and whose cost would be defrayed by the Imperial ^Parliament. Again, if the number of Imperial troops were made to depend, by agreement Wiih the Canadian Government, upon tiie number of militia maintained by the Province, there would be nothing nnreasoT.ble in such an arrangement, and the Home Government might fairly (I do not say would necessarily) require that the funds for the purpose should be somewhat more permanently secured than by an annual vote. It is far froiri my wish (as seems to be suggested by the Report) to diminish the controul of the Canadian Parliament over their own affairs, but on the other hand the amount of exertion which England could make with any advantage must depend very much on the manner in which that controul is exercised ; that is to sav, on the disposition to protect the Colony which is shown by (10.) H Hu «. 41. »0. l'..L'.' 40. 'It M "4 .^^ ( ry2 ) 'i *.. -•i 1 ;• |,;| 'i{! 1 . ■•1 ' the Proviiiciul Government and the people ot' Can ul;i. It isdilficult to see li )\v, wlicn my Dcspatcli conteinplutes legislation on tiie siilyect of tlie militia by the Canadian and not tlic hnpcrial Parliament, llie Kxecutive Council can juslity such grave apjjreliensions of an invasion of their Mberties. These considerations will show that the {»cncr:il doctrines referred toby tlie Report iiave little aj)plication to the present peculiar case of Canada, and little force against the siig- gestion of my Despatch, wliicii, however, I have no desire to j)ress upon the attention of your government, u|)on whom, and the par.iament of Canada, must rest the responsibility of providing adccpiate means for meeting the efforts of the motiier-country to secure the safety of the Province, Tlie Report dwells at length upon the /'act, that the policy of the Kmpire in all its relations with Foreign Powers, upon which peace and war depend, is regidateil by the Imperial (iovernment and Parliament, over which Canada has no controul. 1 agree with the Executive Council in rcganiing this circumstance as one of primary importance, as lying indeed at the very root of the relations between the mother-country and her colonies, with respect to military aiul naval defences. They cannot (ail, how- ever, to see that Canada, though liable, as they repeatedly point out, to be involved in Imjjerial wars in which she may have no inm-.ediate interest, has yet a manifest interest, inuler all circimistances, in contributinj^ to maintain the power of the Kmpirc of which she forms so important a part, and with which the maintenance of her own independence, and of her commanding ])osition in the world, is so essentially connected. 'J'he main security against aggression which Canada enjoys as a portion of the Britisli Kmpire, is the fact, — known to all the world, — that war with Canada means war with England, not in Canada only, but upon every sea, and upon the shores, wherever situated, of the aggressive Power itself. It does not therefore follow that this coiuitry can consent or afford to maintain an unlimited number of troops in Canada at her own cost, even in time of war, much less in time of peace. And it remains true, that the defence of Canadian territory must depend mainly upon the Canadian people itself. I have, &c. Governor General Viscount Monck, (Signed) NEWCASTLE. &c. &c. Arc. si S! ' li's li" til e li )w, when anadian and pprt'liensions Report liave lipist tlie siig. : attention of ■csponsihility o secure the )ire in all its ilatetl by the of j)rimary iher-country t fail, how- involved ill fcst interest, of which slie ?ndcnce, and lain security 5 the fact, — it in Canaila * !ssive Power maintain an nuch less in uist depend ASTLE. ),M^ -' ; ■ ^1 I va^ii CANADA (MILITIA BILLS). i 1 ■f RETURN To aa Addrew of Ihe Uolsk Of I.OEDS, dated Idtli t'lLniarv 1361. : C'oiiKs 01 KxTRACTS of t'oiJUK^i'OMDKNCB betwcon Iluii Majkstt's Guvkunmest and the GoTBRMOli GKNT.nAi. of Caxai>\ in reference to the Militia Bills pioposed and passed in the Canadmn Parliament. .4' \ 'A ,-• • * } ■• :m t -l; m :■■! ' \:' ■1 i :1i :' W 'hih |! ( T/ie Earl oj Carnarvon.) Ord«rt»l to be Fricted irth February 1863. (10.)