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The id intitu provide e Militi thirte( nd intitu mtioned if:ulate ti Tin th( itituled, . hovince ^ the A |nd intitu] so far ( }iiakers^ j •of He alter the fuster and jre hereby lie ^ '" '^'* / Cal^t^^-^^U. . ■ i^> > , M^-^:t4..a < U^ ' !t'« ANNO DECIMQ-OCTAVO. VICTORIA REGIN^. \ CAP. LXXVII. An Act to regulate the Militia of this Province, and to repeal the Acts now in force for that purpose. [Assented to I9th May^ 1856. WHEREAS it is expedient to repeal the Acts relative to Prewnkl* the Militia of this Province, with a view to their amendment and> adaptation to the actual position and cir- cumstances of th« Country, and to their re-enactment as so ; amended: Be it therefore enacted by the Queen's Most [Excellent Majesty, by and with the advice and consent of [the Legislative Council and of the Legislative A;* . anbly of ■tiie Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament 3f the United Kingdom of Great Britain and Ireland, and in- tituled. An Act to re-unite the Proviv-es of Upper and Lower Vanada, and for the Government of Canada^ and it is hereby ;nacted by the authority of the same, as follows : [ L The Act passed in the ninth year of Her Majesty's Reign, The Aeti 9 V. knd intituled. An Act to repeal certain Laws therein mentioned^ ^- ^' 90 provide for the better defence of this Province^ and to regulate %e Militia thereof; and the Act passed in the Session held in lie thirteenth and fourteenth years of Her Majesty's Reign, Ind intituled. An Act to continue for a limited time therein uhur ^ tirntioned, the Act for the better defence of the Province, and to c. il, kfculate the Militia thireof; and the Act passed in the Session leld in the fourth and fifth years of Her Majesty's Reign, and Viluled, An Act to amend the Militia Law of that part of this 4 & f v. & 2 Province formerly constituting the Province of Upper Canada ; ' ' nd the Act passed in the twelfth year of Her Majesty's Reign, id intituled. An Act'to amend the Militia Law of this Province] jj y sa. n so far as regards the enrolment of and fines imposed upon •"•■* luakers, Mmnonists and Tunkers ; and the Act passed in the [ear of Her Majesty's Reign last aforesaid, and intituled. An Act 12 T. c. 89, V alter the day on which the Militia shall annttally assemble for 'epeBled ; ' fuster and disfripline in TTpner Canada : shall be and the Raid Asts re hereby repealed ; but "all Acts and Laws repealed by tl^ B«t A«ti h 'A4 i Cap. 77- Militia Act. \sp/ r.f th-m «hall nevertheless rem^'in repealed ; „p.eled b, said Acts or fy^^J^.^ed against them or any of them before Kt^ Lt^s^iXaiemSn in force as to such oflences. Commander ment ot this frovmce, I Provincial Milma. in Chief of Qflice^ be Commander in Chiel oi me no Militia. Two clasies of Militia. III. The Provincial Militia shall be divided into two classes, Sedentary and Active. SEDENTARY MILITIA. 0„..«,.» IV. The sedentary Militia shaU^^^ "•™" iTp^air 'Ld u'lTde^r"!";: notte»>d or-disnualified by law. ^r rvu Qp^PTitarv Militiamen shall be divided into two Divided into V. The Sedentary oui ^^^^ ^^^ ^^^^^^^ ^^^ Servicemen, classes, to be called respectively »e . ^^^^ ,,f ^ge and ^d^Reserve ,,^ Service men sh^^^^^^^^^ ,hall be Zrof forty year: o^^^^^^^ upwards, but under sixty years. trt 1 ♦;rr,P nf neace, no actual service or drill shall be re- cue. a year. Commanding Officer ol^'^^f. f ^'^"g, ^av being in Lower Ga- te each Company there n; the muterday^^^^^^^^ ^^^^^,1 sirthtyirirtr^^^^^^^^^ ^^- ^^^ '^y H thereafter. VI r The ollowing persons only between the ages a ?reSu eigMeen?nd sfxt^L JbiSsaid, shall be exempt from enrolmen ment and ler- ^°^ fjom actual service in any case : Ticc in any . • tt J The Judges of the Superior Courts of Law or Equity in Uppej and Lower Canada ; The Judge of the Court of Vice-Admiralty ; ThP ludees of the Circuit and County Courts ; ?he ctSy and Ministers of all Religious denomma ions ; It pSors in any College or Univers.ty, and all teacherj The Vafd^Ke^P-ind Guards of the Provincial Peni] tentiary. , . And] ► CtM. 5b. Militia Act. Cap. 77. 3 rovincial PenH And the following, though enrolled, shall be exempt from attend- Kgemptions ing muster and from actual service at any time except in case from muster of war, invasion or insurrection : ^ *!"* f™™ «"; ' "^ vice eicept in case of war, The Reserve Men ; &c. The Members of the Executive and Legislative Councils ; The Members of the Legislative Assembly ; The Officers of the said Councils and Assembly respectively ; The Attorneys and Solicitors General ; The Provincial Secretary and Assistant Secretaries ; All Civil Officers who shall have been appointed to any Civil Office in this Province under the Great Seal ; All persons lawfully authorized to practise Physic or Surgery ; All Advocates, Barristers, Solicitors and Attorneys ; Notaries in Lower Canada ; Half-pay and Retired Officers of Her Majesty's Army or Navy ; Postmasters and Mail Carriers ; Seafaring Men actually employed in their calling ; Masters of Public and Common Schools actually engaged in teaching ; Ferrymen ; One Miller for each run of stones in every Grist Mill ; Keepers of public Toll-Gafes ; Lock Masters and Labourers employed in attending to Locks and Bridges on Public Canals ; The Engine Drivers, Conductors and Switchmen connected with the several Railways- actually in use in this Pro- vince ; Members of Fire Companies and of Hook and Ladder Com- panies ; Jailors, Constables and Officers of Courts of Justice, not being such solely by virtue of their being non-commissioned Officers of Militia ; Students attending Seminaries, Colleges, Schools and Acade- mies, who have been attending such at least six months previous to the time at which they claim such exemption ; All Persons disabled by bodily infirmity. All persons bearing Certificates from the Society of Quakers, Men- Quakers, Mennonists and Tunkers, or any Inhabitant of this nonists, Ac. Province, of any Religious denomination, otherwise subject to Ivlilitary duty in time of peace, but who from the doctrines of his Religion, shall be averse to bearing arms, and shall refuse personal Military Service, shall be exempt therefrom. But such exemption shall not prevent any person from serving Exemption or holding a Commission in the Militia, if he desire it and be not to be dis- not disabled by bodily infirmity : And no person shall have the qualification, benefit of such exemption, unless he shall, at least one month How to be before he shall claim such benefit, have filed his claim thereto, clw'n«'- with his affidavit hnfore some Mao'istvate of the facts on which he rests his claim, with the Commanding Officer of the Company 1 • within i Cap. 77. M//i7ia Act, 18 Vic; Service men divided into two classes. VIII With a view to actual service in case of war, .invamon of married men and widowers with children. . .K IX When the Sedentary Militia are called out in case of war Orderinwhich lA. w nen iiic c»^" j » actual service, shall they shall be invasion or msurrection, those farst ^'^^^'r^^llt first class Service tnken for ac- y^^ volunteers from the Service men, then the ^/^ ^'J;*^ ^^^'^^ tual semce. ^^^^ ^^^^ ^^^^ ^^^^^^ ^lass service men, and lastly the Keserve men. Eighteen Mi- X. The Commander in Chief shall have power f^^^^^^^^ liiLy District. .:„,„ by any Militia General Order, to divide tne ^'"^1"^ tobe\ormed. '"'fliXeen Military Districts, to be designated as he shall le; fi^nSo be in ^er Canada and nine in Lower Canada. XI. The Commander in Chief shall have power from time tnl^me by any Militia General Order, to divide the Military niSs fesoectively into Regimental divisions, and the Regi- meSivSS Battall divisions and to designate such divisions by such names or numbers as he shall see ht. Yir ThP Militiamen resident in each Battalion division SuSthe «b^" Jm a eLuaTon of the Reginient of the Regimental tgimentsand ^^J ^^'"'^ ^^hich it lies, and all the Battalions m any Regi- BattaUons. ^^^^^^ ^.^.^.^^ ^^^^^ fo,^ the Regiment thereof. SSr-"^ tn:^n rSn^t C^'otd, and such number of Majors and Regimental Staff Officers as may be deemed necessary. Yiv Fach Lieutenant Colonel shall have power, by any order made with tSe approval of the Colonel of the Military Sistric^ torn t me to time to divide his Battalion division mto SianyTvisions, each containing, as nearly a. may be con- venTeW practicable, not less than fifty nor moro than seventy- five res dent Service men ; and the Militiamen Resident within each Company division shall form a Company o- the Battalion. ^ ■ *• . •• YV All now existing Militia divisions shall remain in force ^^J^:. unm alte^d Talo'eVaii, and such of them as ..hall be allowed unaltered. ^^^ remain unaltered shall be held to have be»m made by the propeVauthority under this Act, and for the purposes thereof. AUc Regi- mental and Battalion Di- visions. Company divi- sions to be formed. XVI. I IMS. Militia Act. Cap. 77. 5 '^^ XVI. To each Company of Militia there shall be appointed Officers and of Commissioned Officers, a Captain, a Lieutenant, and an ^^j;,f/^j^j»;. Ensign ; and of non-Commissioned Offioers, three Serjeants and „f cmn- three Corporals. panics. XVII. The enrolment of the Sedentary Militiamen shall be Enrolment made in each Company division by the Captain thereof, with how 10 be the assistance of the Officers and non-commissioned Officers of offic^s!^ the Company ; and it shall be the duty of the Captain, and, under his orders, of the other Officers and non-commissioned Officers of the Company, by actual enquiry at each house in the Com- pany division, and by every other means in their power, to make and keep at all times a correct Roll of the Company in such form as shall be directed by the Adjutant General. XVIII. It shall also be the duty of each man liable under this Militiameu Act to be enrolled in any Company, and not so enrolled, to give i„Xir names", in his name, age and place of residence, in writing, to the Cap- &c. tain or Officer commanding such Company, within twenty days after he shall become so liable, whether by the passing of this Act, the alteration of any Militia division, change of residence, or otherwise howsoever. XiX. The Officer commanding a Sedentary Company of the Rolls ofCom- Militia shall, within twenty days after the annual muster day {jf^^j'^^^.I^^^Jiy^ for such Company, make out a corrected Roll thereof, and trans- ajgo Returns ' mit a certified copy thereof to the Officer commanding the of Battalions. Battalion, who, within forty days- after such muster, shall forward a correct Return of the Battalion under his command to the Assistant Adjutant General of 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. XX. 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 Officer, shall be at all times bound to give to the Commanding Officer or any Officer or non- commissioned Officer of the Company, such information as may be required to make such corrections, and to answer all such questions as any of them may pertinently put to him for the purpose of obtaining such information : and every Militia- man shall be bound to inform the Officer commanding the Company, in writing, of any change of residence or other circumstances atfecting such Militiaman, by which the Roll of any Company shall be affected, whether such Militiaman shall come into or leave the Company division for which the Roll is made. Company Rolls to De corrected fr«n time to time. Duty of House- holders, &c., to give all iiformation requisite. Andof Militia- men. ACTIVE 1 Cap. 77. Militia Act ACTIVB OR TOLUNTEER MILITIA COMPANIF9. 18 VlW. ^' VolButcer XXI. The Active Militia of the Province in time of peace, Companietto shall consist of Volunteer Troops of Cavalry, tield Batteries, be formed. f^^ Companies of Artillery, and Companies of Infantry armed as Riflemen, to be formed at places to be designated by the Commander in Chief, but not exceeding in the whole sixteen Troops of Cavalry, seven field Batteries of Artillery, five loot Companies of Artillery, and fifty Companies of Riflemen : the total of such Volunteer Corps not exceeding five thousand Officers and men. Of what to consist. Total limited. Forca of Vo- lunteer Oom- panics, res- pectively. Volunteer Marine Com- panies may be ibrired at certain places. XXII. Each-volunteer Troop of Cavalry, Company of Foot Artillery, or Company of Riflemen, shall consist of a Captain, a Lieutenant, a Comet, Second Lieutenant or Ensign, three Serjeants, three Corporals, a Trumpeter or Bugler, and not exceeding forty-three Privates, except in Companies of Riflemen wherein the number of Privates may be any number from forty- three to seventy-five ; and each Field Battery of Artillery shall consist of a Captain, two first Lieutenants, a second Lieute- nant, a Serjeant Major, three Serjeants, three Corporals, three Bombardiers, a Trumpeter, a Farrier, fifty-nine Gunners and Drivers, including Wheelers, Collar-maker, andShoeing-smith, fifty-six horses, exclusive of Officers' horses, and of four spare horses when the Battery is called into actual service. ^ XXIII. A Volunteer Marine Company may be formed at each of the following places, Kingston, Cobourg, Toronto, Hamilton, Port Stanley, Dunnville and Oakville : each Com- pany to consist of a Captain, a Lieutenant and fifty men : and a Commodore of Provincial Marine may be appointed to com- mand 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. XXIV. The said Marine Companies shall be armed in such manner as the Commander in Chief shall direct, and shall V)e 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. XXV. In each Militia District there may be formed a Volunteer Company of Engineers, to consist of a Captain, a Lieutenant, a Second Lieutenant, and such number of men not exceeding seventy-five, as the Governor may direct : but such Companies shall not be subject to drill or to service in time of peace. On what an- XXVI. All Volunteer Companies shall be formed and may Subanrf be disbanded by authority of the Commander in Chief, as may * in his opinion l)est tend to further the purposes of this Act and XIIC pUWilV SiVVUt XXVII. How to be armed and drilled. Velnnteer Company of Engineers. 186)5. Militia Act. Cap. 77. to service in Armi, fcc , of Volunteer Compaiiiei. To be furnish- ed by the Pro- vince, except to Officers ; Security may be taken for sale-lceeping, &c. Repairing of arms, &c. XXVIf. The arms and accoutrements of the officers and mon of the several Volunteer Companies, shall be such as the I Commander in Chief shall from time to time direct, but of the best and more serviceable kind, without unnecessary ornament ; I such arms and accoutrements shall be furnished to the non- commissioned olFicers and privates of the said Volunteer Corps at the expense of the Province, but shall always remain Pro- vincial property, and the parlies receiving them shall be accountable for them; and the Commander in Chief may direct such security as he may think proper to be taken for the safe- keeping in good order of such Arms and Accoutrements, and I the re-delivery thereof to such Officer as may be appointed to I receive them, whenever the Commander in Chief shall for any })urpose direct such re-delivery. XXVIII. The said armsand accoutrements shall be renewed i and kept in repair at the cost of the Province, whenever such re- newal or repair shall become necessary from wear in service or other cause than the fault or neglect of the person having charge thereof, in which last named case they shall be renewed or repaired by such person, or, if renewed or repaired at the cost of the Province, the cost may be recovered from such person as la debt due by him to the Crown XXIX. The arms and accoutrements of non-commissioned offi- By . cers and men of Volunteer Companies shall be kept by them, ex- ^X^e kq.t. ,cept in cases where the Commander in Chief shall direct them to (be kept in Armouries, as he may db ; in which case, if there be I no Public Armoury in which he shall direct them to be kept, the I Captain of the Company shall ptovide a proper place, and may I be allowed annually a sum not exceeding five pounds for so doing and for taking care of such arms and accoutrements. XXX. Commissioned officers of the said Companies shall Officers' arms, [furnish their own arms and accoutrements. XXXI. The Arms and Accoutrements of the officers and men Exemntion of of such Volunteer Companies, and the Horses used by them as ^™\^°"^'' such, shall be exempt from seizure in execution and from dis- seizure?'" tress and assessment, nor shall any such horse be disposed of by any officer or man without leave of the Officer Commanding [the Company. I XXXII. The Volunteer Militia Companies shall be drilled How Vohui- and exercised, at such time in each year and at such places as ^^^^ ^^^^^l the Commander in Chief may from time to time appoint ; the drilled and Volunteer Field Batteries being so drilled and exercised during exercised, twenty days in each year, of which twenty days ten shall be continuous, and the other Volunteer Corps once in each year during ten continuous days, (Sundays not reckoned in either case,) and the Companies under drill being encamped during the whole or any part of the period for drill, if the Commander in Chief shall see fit. /- XXIll. i I ^ Cap. 77. Militia Act. 18 Vjct. Adjutant Geo- XXXIII. The Adjutant General shall draw up, under thodirec eraitodrawup tion of the Commander in Chief, a code of instruction, drill and •irucUoM,'"" exercise for the said Volunteer Companies, based on that in use in Her Majesty's Regular Army, and each Commissioned Oflicer of a Volunteer Company shall be furnished with a copy, and shall be governed by the said code in drilling and oxercising the corps to which he belongs. Volunteew to XXXIV. For each day on which they shall be so drilled, the be paid while officers and men of the said Volunteer Companies shall be paid and afwhat ^^ ^^^ Province the following sums ; ratei. Captains per diem £0 10 G Lieutenants „ 7 G Second do Comets or Ensignw 6 G Non-Commissioncd Officers and Privates. 5 and a further sum of five shillings per diem for each horse actu- ally and necessarily present and used for such drill, whether be- longing to officers or to privates. Volnnteerf XXXV. Nothing herein contained shall be construed to pre- ""^y^* *^""'^ vent any such Company from assembling or being ordered out at other timet , ^, •'-^ ^ ^ *^j- -^ r i mi ■ • i according to by the Oiticer Commandmg it lor drill or exercise, without '" " ' receiving any pay therefor from the Province, according to any articles of engagement or regulations of such Company, previously approved by the jCommander in Chief ; and any such articles, in so far as they are not inconsistent with this Act, shall be e«forced and the penalties which may be thereby imposed, shall, whenever they are incurred, be recoverable in the manner hereinafter mentioned, by the person or oificer designated for that purpose ia such articles, to such uses as may be therein directed. their article* of engage' ment. Ammunition XXXVI. Sufficient ammunition for practice at drill shall be lor practice, supplied to the Volunteer Companies at the txpense of the Province, in such manner as the Commander in Chief shall direct. V Pay ofSer- XXX VII. Each Serjeant Major of a Volunteer Field Battery jeant Major ai of Artillery shall, on account of the great responsibility attached Compames. ^^ **^^ office, be paid by the Province at Ihe rate of fifty * ; pounds per annum ; and competent persons shall be appointed by the Commander in Ckief to drill the other Volunteer Com- panies, and shall be paid by the Province seven shillings and six pence currency per diem, when so employed. Volunteers XXXVIII. The said Volunteer Companies shall be liable to be may be called called outinaid of the ordinary Civil power in case of riot or other the Civ*if °^ emergency requiring such services, and shall when so employed P»wer. ' receive from the Municipality in which their services shall be required^ the rates of pa? above mentioned and a further fsi^ni ""of 18 VjcT. I 1865. Militia Act. Cap. 77. of two shillings and six pence per man per diem for additional exi!«'nses, and siiall be aUo provided with proper lodging by such Municipality ; and the said sums, and the value of such They shall be lodging if not furnished by the Municipality, may be recovered P^'J,'" 7^»^ Irom it by the Captain of the Company, in his own name, and Municipulity. when received or recovered shall bo paid over to the Olficers and men entitled thereto. XXXIX. It shall be the duty of the Captain or OfHcer com- Howihevmty manding any such Volunteer Company to call out the same, or ^'.^''.^^''J^Jj, ttucli portion thereof as maybe necessary, for the purpose oljutyimuch quelling any Riot, when thereunto required in writing by the ruei. Mayor, Warden or other Head of the Municipality in which such Riot shall be, or any two Magistrates therein, and to obey such instructions as shall be lawfully given him by any Magistrate in regard to the mode of quelling such Riot : and every Olli. er, non-Coriimissioned Olficer and man of such Company shall on every such occasion obey the orders of his Commanding Officer ; and the Ofliccrs and men when so called To be sworn out shall, without any further or other appointment and without ^"^^P^^^'jlfj, taking any oath of office, be Special Constables, and may and shall act as such so long as they shall remain so called out. XL The Officers, non-Commissioned Officers and men of Exemption. ia Volunteer Companies, shall, while they shall continue such, [*;;°^'^^;/ "* be exempt from serving as Jurors or Constables ; and whenever they shall have served as such in one or more Volunteer Com- panies during a term of seven years, such exemption shall continue after the expiration of the said term. XLl No non-Commissioned Officer or Man of any Volunteer Notice to b« Company, shall, in any case, unless legally discharged, leave fj;;^|'„™ the same without giving at least one month's notice in writing volunteer to the Commanding Officer thereof of his intention to leave the Company, same : nor shall he, at any time, leave the same contrary to the engagement contained in any articles of engagement he shall have signed. XLII. The several Volunteer Companies shall be subject to pigu officert inspection from time to time by Field Officers to be appointed to inspsci by the Commander in Chief for that purpose, one for Upper J~„7^,. and one for Lower Canada, and paid by the Province, who shall report fully to the Governor on the state of such corps and their arms, and act generally according to the instructions they shall receive from the Commander in Chief, and shall be paid by the Province, at the rate of four hundred pounds per annum each, and reimbursed their travelling expenses. GENERAL PROVISIONS. XLIIL All Commissions of Officers in the Provincial Militia Commissions shall be granted by the Commander in Chief and during plea- ''y^j^^J^'" XLiV. snrp. Militia Act. 18 Vict. li. \ 10 Cap. 77. NonCommis- XLIV. All non-Commissioned Officers in the Provincial sionedOfficers. Militia, shall be appointed by the Officer commanding the Bat- talion to which they belong, except in Volunteer Companies where they shall be appointed by the Captain thereof, and shall hold their rank during pleasure. OflRr«r8 miist be H. M's. subjects. Existing Coinminions to remain until cancelled. No person bound to serve in a lowpr grade than he has )ield. Adjutant Gen- eral and De- puties. Rank. Pay. Assistant Adjutants Greneral. Rank and duties. Pay. XLV. No person shall be an Officer of Militia unless he be one of Her Majesty's subjects by birth or naturalization, and shall have taken the oath of allegiance. XLVI. Existing Commissions in the Provincial Militia and appointments of non-Commissioned Officers, shall remain in foroe^ such Commissions being subject to be cancelled by the Commander in Chief, and such appointments by the Officer Commanding the Battalion : but no person shall be bound to serve in the Provincial Militia in a lower grade than he has once held, unless he shall have resigned his commission or be reduced by sentence or order of some lawful Court or authority, nor shall any person who has been a non-commissioned Officer in Her Majesty's Army, be bound to serve in the Militia in a lower grade than he has held in the Army, unless he have been reduced as aforesaid. XLVn. There shall be an Adjutant General of Militia for the Province, and two Deputy Adjutants General, one for Upper and the other for Lower Canada ; the Adjutant General shall have the rank of Colonel in the Provincial Militia, and each of the Deputy Adjutants General the rank of Lieutenant Colonel therein, and they t hall hold their Offices during pleasure : the Adjutant General shall be paid by the Province at the rate of seven hundred and fifty pounds, and each of the Deputy Adju; tants General at the rate of five hundred pounds per annum. XLVIII. There shall be in and for each Military District an Assistant Adjutant General, who shall have the rank of Major in the Militia, and shall act under the orders of the Colonel commanding the District, and of the Adjutant General of the Province, in preparing, obtaining and transmitting all Militia returns and orders required or issued by the Adjutant General, and generally in assisting that Officer in the performance of his duties as regards such Military District. XLIX. Each Assistant Adjutant General shall, in time of peace, be paid by the Province for iiis services, at the rate of thirty pounds per annum. or msurrt r M Assistant L. There shall be in and for each Military District an Quarter iMas- Assistant Quarter Master General, whose duty it shall be to ter General, jj^j^j^p himself thoroughly acquainted with the roads and com- munications and other matters appertaining to the topography of Ills Uislricl, and iu furnish such information on the subject as may be required by the Commander in Chief, in which duty the 1835. Militia Act. Cap. 77. II inless he be And Colonel* or Lieutenant Colonels in their divisions until Go- vernor's plea- sure beknown. .fie Officers of the Volunteer Engineer Corps shall assist him |\vith the local information they may acquire. I LI AH contraventions of this Act and of Regulations or Militia of- Orders lawfully made or given under it, when the Militia or f«""»P"';if- that portion thereof to which the offender belongs, is not called .,^ ,j,,,^^ out for actual service, shall be punishable by penalties to be Peace.wiAout imposed by one or more Justices of the Peace and in a sum- Courts Mar- mary manner as hereinafter provided, and Courts Martial shall 1 not be held. CALLING OUT THE MILITIA. I LII. The Commander in Chief shall have full power to Governor may call out the Militia or any part thereof, whenever it shall in his ^^J^.^^J^f^'i^- I opinion be advisable so to do, by reason of war, invasion or ^.^ges. I insurrection, or imminent danger of any of them. LIII. The Colonel commanding any Military District, or the Lieutenant Colonel commanding- any Battalion division, shall have power upon any sudden emergency of invasion or insurrection, or imminent danger of either, to call out the whole or any part oi the Militia within his command, until the pleasure of the Commander in Chief shall be known. LIV The Militia so called out by their Colonel or Lieutenant Militiamen I Colonel, shall immediately obey all such orders as he may bound to obey, give, and march to such place within or without the division as he shall direct. JLV. When the Militia ol any local division are called out, in Volunteer case of war, insurrection or invasion, or imminent danger there- Companies to ! of, all Companies of Yolunteers in such division, shall be included in the order and shall obey the Officer issuing it. LVL When the whole Militia of the Province are called out, And so when all the Volunteer Companies shall be included and shall imme- ^^^^y^>^^ diately obey the orders they may receive. called out. LVIL Each Sedentary Militiaman called out for actual sedentary service shall attend at such time and place as may be directed Militiamen to by the Officer commanding him, with any arms and accou- "S^'J^., trements he may have received from the Province, and with ^c. such provisions as such officer shall direct. LVin. When the Commander in Chief shall call out the when the Militia, and the emergency shall not be such as to require that whole are not the whole of the Sedentary Militia or of any class thereof, or !"f,|"J;umb« the whole in any Militia Division or of any class of Militiamen may be di- therein, be taken for actual service, he may from time to time rected to be airsci tne numuur oi iai;ii w uc luiiisTu-^vt nr-^ui mv. .„••, vi. i.>...j Militia of the whole Province or of any Militia Division thereof 12 Cap. 77. Militia Act. 18 View. thereof, over and above the Volunteer Companies therein, which shall always be the first taken for actual service. How such Momber shall be takeo. LIX. The number of men to be so furnished shall in the first instance be taken from the first class service men in the several Company Divisions in that part of the Province to which the order applies, and in proportion as nearly as may be to the number of such men in each ; Volunteers shall be first taken Drafting men. fj-om g^ch Company, but if the number of Volunteers be not sufficient, then such further number as may be required shall be drawn by lot, under the superintendence of the Commanding Officer of the Company, whose certificate that any man has been so drafted, or volunteered, or consented to serve as sub- stitute for a drafted man, shall be evidence of the fact. Militiaman drafted must serve, find a substitute or pay the fine. LX. No Militiaman drafted for actual service shall be exempt from serving, unless he shall forthwith pay a penalty of ten pounds, which shall be given to any approved man of the same class who is not himself drafted for service, and will serve in the place of the Militiaman paying such penalty, or such Militiaman may provide an approved substitute of the same class and not drafted, to serve in his place ; and any vo- lunteer or substitute, by his consent to serve as such, shall become liable in all respects as if drafted. Infirm per- LXI. No man drafted and unfit from bodily infirmity to suns exempt- perform his duty shall be taken for service. In what cases LXII. If a greater number of men be required than the secoxl class whole number of first-class service meii, then the requisite service men number shall be taken from the second class service men, may be takeu. • i • i •' m like manner. How men so LXIII. The Sedentary Militiamen so taken or drafted foractual taken shall be service, shall be marched to such place as the Commander in commanded. Chief shall appoint, by such Officers as shall be detailed for that purpose by the Lieutenant Colonel of the Battalion from which they are taken, and shall there be embodied into Com- panies and Battalions, in such manner as the Commander in Chief shall direct, and being so embodied shall be commanded by such Officers as he shall from their qualification and fitness think proper to appoint. Volunte«r Companies may be em- bodieil. Term of ser- vice. LXIV. Any Volunteer Companies so called out for actual service, may be embodied into Battalions, if the Commander in Chief shall think fit so to order. LXV. The Militiamen so taken or drafted for actual service from the Sedentary Militia, shall serve during one year unless sooner disbanded, and may then be replaced by others taken as aforesaid, and shall not be liable to be again taken until all others in the same class shall have been taken ; but the Militia Act. Cap. 77. 18 service. such, shall the men in Volunteer Militia Companies shall serve for the time for which they have engaged to serve, which time shall not be less than five years, subject, however, to be determined on one month's notice as hereinbefore mentioned : Provided that no Volunteer shall leave the service, either with or without notice, at any time when the Militia are called out, unless he be regularly discharged or have served out the time for which he engaged. LXVI The Militia so called out may be marched to any To what part of the Province, or to any place without the Province Pj^^^^^^^ey but conterminous therewith, where the enemy may be, and „a„hed. from which an attack on this Province may be apprehended. LXVII The Militia so called out and every Officer or man Militia called belonging to it, from the time he shall be ordered taken orouuob b drafted for actual service, shall be subject to the Articles of war '^^V" J//^' and to the Act for punishing Mutiny and desertion and ail other Laws then applicable to Her Majesty's Troops in this Province, and not inconsistent with this Act : except that no Militiaman Exception, shall be subject to any corporal punishment except death or imprisonment, for any contravention of such laws : and except Exception, also that the Commander in Chief may direct that any provi- sions of the said laws shall not apply to the Militia. LXVIII Any body of Militia so called out shall be command- Rank and ed by the Officer highest in rank then present, or the senior of — r?.s two or more Officers of equal rank ; Officers ot Her Majesty s regards Mili- Regular Army shall always be reckoned senior to all Militia tia. Officers of the same rank, whatever be the dates of the respect- ive commissions ; and Colonels appointed by Commission signed by the Commander of Her Majesty's Regular Forces in Canada, shall command Colonels of Militia, whatever be the date of their respective Commissions. For what of- fences only Militiamen may be sen- tenced to death. Sentence must be first ap- proved. LXIX. No Militia Officer or Militiaman shall be sentenced to death by any Court Martial except for mutiny, desertion to the enemy, or traitorously delivering up to the enemy any gar- rison, fortress, post or guard, or traitorous correspondence with the enemy ; and no sentence of any General Court Martial shall be carried into effect until approved by the Commander in Chief. LXX. No Officer of Her Majesty's regular army shall sit on ^^^^\^°l^^ any Militia Court Martial. sit, &c. AKMAMENT OF 8EUENTARY MILITIA. LXXI. The arms and accoutrements for the Sedentary Mili- Arms, &c., of ♦jo oh?,!! when such Militia is not called out for actual service, ?|Ml|f-*[^ i^. be kept in Armouries at the following places : Quebec, Three- k,pt i„ Ar- Rivers, Rivi6re-du-Loup (below), Sorel, St. John's, Montreal, the 11 Cap. 77. Militia Act. monries at the City of Ottawa, Prescott, Kingston, Peterborough, Toronto, certain places. Guelph, Hamilton, London and Chatham. Buildings for Artnouries. LXXn If there be at any such place no building adapted to be use. ' as such Armoury, the Commander in Chief may cause a proper building to be erected, at a cost not exceeding seven hundred and fifty pounds for each such building ; or he may cause any public building or part thereof to be altered so as to adapt it for such Armoury at a cost not exceeding one half the said sum. Care of such LXXIII. The Commander in Chief may employ a proper Armouries, person to have charge of each such Armoury and of the arms therein, and may cause such person to be paid at a rate not exceeding seventy-five pounds per annum. Arms, how LXXI V. The arms in such Armouries respectively, shall be delivered t« delivered out to the Sedentary Militia called into actual service. Sedentary jn guch way as the Commander in Chief shall appoint. May bo kept by Militiamen position. m certam cases. LXXV. If there be any Militia division in which, from its it shall not be deemed advisable to have the arms of the Sedentary Militia kept in an Armoury, such arms may be delivered out to the enrolled service men of the first class or of the first and second classes in such division, as the Commander in Chief may order, each man giving a receipt for those received by him and security for their safe keeping and delivery to any Officer authorized to demand them. BILLETING AND CANTONING TROOPS AND MILITIA WHEN ON ACTUAL SERVICE, AND FURNISHING CARRIAGES, HORSES, &C., FOR THEIR TRANSPORT AND USE. LXXVI. When Her Majesty's Regular Forces or the Militia, shall be on a march within this Province, and billeted as herein- after mentioned, every householder therein shall, when required, furnish them with house-room, fire and utensils for cooking, and candles ; and in cases of emergency, by actual invasion or otherwise, the Officer commanding the Regiment, Batta- lion or Detachment of Troops or Militia, may -diryct and empower any Officer or non-commissioned Officer of the same, or other person, after having first obtained a warrant for such purpose from a Justice of the Peace, to impress and take such horses, carriages or oxen as the service may require, the use of which shall be thereafter paid for at the usual rate of hire ior such horses, carriages or oxen. Justice of the LXXVII. When the said Troops of Her Majesty, or the otrr" !?8itil)n' ^^^''^^^' ^^ ''^^y l^egiment, Battalion, or Detachment of the same, „r--l.!'-_.i" are on a march as aforesaid, the Otficfir or nnp-f'omm;ao;r.na,j itig Officer. Officer commanding them shall require a Justice of the Peace to billet, and such Justice shall immediately thereupon so billet the What shall be furnished by those on whom the" shall be bil- leted. Impressiner carriages, &c , on emergency. IP55. Militia Act. Cap. 77 15 m t*ni ti ci t r»n n/l Lodging of Officers not to be paid for : Allowance for meu biiietted. Proper Officer to settle ac- connts of Offi- cers and Sol- diers, out of their pay, &c. the said Troops or Militia as to facilitate their march, and in such manner as may be most commodious to the inhabitants ; and every inhabitant householder shall receive the Troops or Militia, so billeted upon him, and furnish them with the lodging and articles mentioned in the next preceding section. LXXVIII No Officer shall be obliged to pay for his lodging where he shall be regularly billeted ; but each householder upon whom such soldiers are billcttcd shall receive from Government for each non-commissioned Officer, Drummer and Private of Infantry, a daily rate of six pence, and for each cavalry soldier, whose horse shall be also provided with stabling and forage, a daily rate of fifteen pence ; and every Officer or non-commis- sioned Officer to whom it belongs to receive, or who does ac- tually receive the pay for any officers or soldiers, shall, every four days, or before they shall quit their quarters if they shall not remain so long as four days, settle the just demands of all householders, victuallers, or other persons upon whom such officers and soldiers are billeted, out of their pay and subsis- tence money, before any part of the said pay or subsistence money shall be distributed to them respectively, provided such demands do not exceed in amount their pay and subsistence money for the time, credit beyond which is not to be granted. LXXIX. When the safety of this Province shall require that Q""',«T'"? the said Troops of Her Majesty or Militia, or any Regiment, ^;^p3;&"'fi„ Battalion or Detachment of the same should be cantoned in any contonme«t. part of this Province, any Justice of the Peace in the places where such Troops or Militia may' be cantoned, upon receiving an order from the Officer commanding them or on a requisition from the Officer commanding any such cantonment, may quarter and billet, and the said Justice is hereby required to quarter and billet the Officers, non-commissioned Officers, Drummers and Privates of the said Troops or MilUia, upon the several inhabitant householders, as near as may be to the place of cantonment, avoiding as much as possible to incom- mode the >iaid inhabitants, and taking due care to accommo- date the said Troops or Militia. LXXX. If any inhabitant shall consider himself aggrieved Complaint of by having a greater number of the said Troops or Militia billeted jersonj a^- upon him than he ought to bear in proportion to his neighbours, how Kedressed. then on complaint being made to two or more Justices ot the locality where such Troops or Militia shall be cantoned, they may and are hereby authorized to relieve such inhabitant, by ordering such and so many of the said Troops or Militia to be removed and quartered upon such other person or persons as they shall see cause, and such other person or persons shall receive such Troops or Militia accordingly. LXXXI. No Justice of the Peace having any Military Office No justice or Commission in the said Troops or Militia, shall directly or »>•"'» "^n »»- indirectly in Cap. 77. Militia Act. 18 \xc%. \. cer to billet or indirectly be concerned in the quartering or billeting of any quarter troops. Officer, non-cominissioned Officer, Soldier or Soldiers of the Regiment, Corps or Detachment under the immediate command of such Ju=itice or Justices. upon nuiu. Troops n*t to LXXXII. Nothing in this Act contained shall be construed be billeted to authorize the quartering or billeting of any Troops or Militia either on a march or in cantonment, in any Convent or Nun- nery of any Religious Order of Females, or to oblige any such Religious Order to receive such Troops or Militia, or to furnish them with lodging or house-room. Justice uiay require per- sons to furnish carriages, kc, for troops. On refusal they may be impressed. Limitation of travel. At what rate to be paid lor. In cases of emergency, boat8,&c.,may be required in like manner. Rate of pay for the lame. May be im- presxed on r«- fusal to fur- uiah. LXXXIII. When any Troops of Her Majesty or Militia or any part of them, shall be so cantoned as aforesaid, any Justice of the Peace where such cantonment is made, upon receiving an order to that e fleet from the Officer commanding the said Troops or Militia, or a requisition in writing from the Offi- cer commanding that cantonment, for such and so many carriages as may be requisite and necessary for the said Troops or Militia, is hereby required to issue his War- rant to such nerson or persons as may be possessed of carriages, horses or oxen, witWn his jurisdiction, requiring him or them to furnish the same for the service aforesaid, and if he refuse to furnish the same after receiving such Warrant, they may be impressed and taken for such service ; but no' such carriage, horse or ox, or any carriage, horse or ox, men- tioned in the previous sections of this Act, shall be compelled to proceed more than thirty miles, unless in cases where other carriages, horses or oxen cannot immediately be had to replace them ; and such carriages, horses or oxen shall be paid for at the usual rate of hire. LXXXIV. In cases of emergency, when it may be necessary to provide proper and speedy means for the conveyance by Railway or by water, of the said Troops of Her Majesty or Militia, and also of their ammunition, stores, provisions and baggage, any Justice of the Peace of and in the locality where such Troops or Militia may be either on a march or in cantonment, upon receiving a requisition iu writing from the Officer commanding such Troops or Militia, for such 'railway cars and engines, boats or other craft as may be requisite for the conveyance of the said Troops or Militia and their am- munition, stores, provisions and baggage, may issue and is hereby required to issue his warrant to such person or persons as may be possessed of such railway cars and engines boats or other craft within his jurisdiction, requiring him or them to furnish the same for that service, at and after the rate of payment to be allowed by the said Justice, not exeeedino- the usual rale of hire for such railway cars and engines boats or other craft ; and if any such p-^r^^on or persons sliail nrgiect or refuse, after receiving such Warrant, to furnish such railway cars or engines or his or their boats or craft for that service, such MiUtia Act. Cap. 77. 17 such railway oars or engines, boats or othe? craft may be impressed and taken for such service '.'Provided alvraya, that ProvUo : at ta nothing lierein shall be construed to impair the effect of any Railway Com- Act obliging any Railway Company to convey such Troops, ?*"'•■• Militia, and other articles aforesaid, in any manner or on any terms and conditions therein mentioned, or to release any such Company from any obligation or penalty thereby imposed. PKNALTIXI. LXXXV. Any Officer of Militia refusing or neglecting to Refusing to I make or transmit, as herein prescribed, any Roll or Return, or ™jl'« '"••> copy thereof, required by this Act or by any lawful authority, or wilfully making any false statement in any such Roll, Return, or copy, shall thereby incur a penalty of ten pounds, for each 1 offence. LXXX VI. Any Officer or non-commiasioned Officer of Militia Refusing tn [refusing or neglecting to assist his Commanding Officer in J]j|^*J?„IU making any such Roll or Return, or refusing or neglecting to &o. ' obtain or to assist him in obtaining any information which he may require in order to make or correct any Roll or Return, I shall thereby incur a penalty of five pounds, for each offence. LXXXV II. Any Militiaman or other perscwi refusing or ne- Refusing to I glecting to give any notice or information which may be neces- fll^\„"^' sary for making or correcting the Roll of any Company, and makiag roll, which he is required by this Act to give to the Commanding &c. Officer of such Company, or to any Officer or non-commissioned Officer thereof demanding the same at any seasonable hour and place, shall thereby incur a penalty of two pounds ten { shillings, for each offence. LXXXVIII. Any Militia officer or man, not exempt from at- Neglecting to tending muster, who shall neglect or refuse to attend the same J5**^i,jj.""^®' at the place and hour appointed therefor, or shall refuse or having neglect to obey any lawful order at or concerning such muster, thereat, tic. shall thereby incur a penalty of not more than one pound five shillings, for each offence. LXXXIX. Any person who shall interrupt or hinder any Hindering Militia at Drill, or shall trespass on the bounds set out by the J[J||j^'* ** proper officer for such Drill, shall thereby incur a penalty of one pound five shillings, for eack offence, and may be taken into custody and detained by any person by the order of the Commanding Officer, until such Drill be over for the day. XC. Anv Officer, non-commissioned Officer or Militiaman, Disobeying who shall disobey any lawful order of his superior officer, o«l«"i ^'c* or shall be guilty oi any insolent or disorderly behaviour to- wards such Officer, shall thereby incur a penalty of one pound five shillings, for each offence. 2 XCI. 18 Cap. 77. Militia Ad, 18 Vk/^.. N«tke.DlnK XCI. Any Officer, non-commissioned Officer or Militia- •nntinptoScr man, who shall fail to keep any arms or accoutrements delivered order. or entrusted to him in proper order, or shall appear at drill, parade, or on any other occasion, with his arms or accoutre- ments out of proper order, or unserviceable, or deficient in any respect, shall incur a penalty of one pound, for each such offence. proved for anjr Iroop, l(C disposhig of arms, &c. Not to prcTenl indictment ; arrest of of- tender about to leare tke Province. Selling with. XCII. Any Officer, non-commissioned Officer or man of outleavehorte any Volunteer Company of Cavalry or Field Artillery, who driUedorap^ shall, without the consent of the Commanding Officer of such prov °"°y (jQjnpany^ sell or dispose of any horse which shall have been drilled for the purposes of such Company, or which he shall have undertaken to furnish for such purposes, and which shall have been approved by the Commanding Officer of the Com- pany, shall thereby incur a penalty of five pounds for each offence. XCIII. Any person who shall unlawfully dispose of or remove any arms, accoutrements or other articles belonging to the Crown, or refuse to deliver up thj same when lawfully required, or shall have the same in his possession, except for lawful cause the proof of which shall lie upon him, shall thereby incur a penalty of five pounds for each offence ; but this shall not prevent such offender from being indicted and punished for any greater offence if the facts amount to such, instead of being subjected to the penalty aforesaid ; and any person charged with any act subjecting him to the penalty imposed by this section may be arrested by order of the Magis- trate before whom the complaint is made, upon affidavit shew- ing that there is reason to believe that such person is about to leave the Province, carrying any such arms, accoutrements or articles with him. Volunteers re- XCIV. Any Officer or Man of a Volunteer Militia Company facing to tur« who, when such Company shall be lawfully called upon to act out iu aid of j^ q\A of the Civil power, shall refuse or neglect to go out with Cml power, ^^^j^ Company, or to obey any lawful order of his Superior Officer or of any Magistrate, shall thereby incur a 'penalty of five pounds for each offence. Refusing to XCV. Any inhabitant householder who shall refuse or ne- receive Militia glect to receive any Troops or Militia billetted upon him or to billetted. furnish them with the lodging and articles which he is by this Act required to furnish, shall thereby incur a penalty of two pounds for each such offence. Refusing to XCVI. Any person lawfully required under this Act to furnish furaish car- any carriage, horse or ox, for the conveyance or use of any riage, «c., Troops or Militia, who shall neglect or refuse lo furnish the I^uir'i^'"^ same, shall thereby incur a penalty of two pounds for each such offence. CVII. 1)*55. Militia Act. Cap. 77. 19 XC VII. Any person lawfully required under this Act to furnish Or any car, any railway car or engine, boat or other craft, for the conveyance JJ*'^"^®^^'**'** or use of any Troops or Militia, who shall neglect or refuse to furnish the same, shall thereby incur a penalty of five pounds for each such offence. XCVJII. Any person who shall wilfully contravene any enact- Contrareninir ment of this Act when no other penalty is imposed for such JjJ'o^ei'^f" contravention, shall thereby incur a penalty of five pounds nalty is pro- for each offence, but this shall not prevent his being indicted vWed. and punished for any greater offence if the facts amount to auch. XCIX. All penalties incurred under this Act or under any Regulations, Orders or Articles of Engagement 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 Peace if the amount do not exceed five pounds, 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 Act or Acts then in force relative to the performance of the duties of Justices of the Peace out of Sessions, with respect to sum- mary convictions and orders, shall apply in so far as may not be inconsistent with this Act ; and any Officer, non-commis- sioned Officer or private of any Volunteer Militia Company shall be a competent witness in any. such case, although the penalty may be applicable to the purposes of such Company. Recovery oi peiialtiM. Summary pro- ceedineS) Acta to apply. Militia •fflcsra fcc, may be witneMes. C. No prosecution against an Officer of Militia for any q,, who«e penalty under this Act shall be brought except on the com- complaint :coutremenls ■ plaint of the Adjutant General ; and no such prosecution against ^""■'Jj'foj^'*^ any non-commissioned officer or private of the Sedentary Mili- tia, shall be brought except on the complaint of the Command- ing Officer or Adjutant of the Battalion or Captain of the Company to which such non-commissioned officer or private shall belong ; and no such prosecution against any private or non-commissioned officer of a Volunteer Company, shall be brought except on complaint of the Captain or Commanding Officer thereof : but the Adjutant General may authorize any g^ij^^pg „f officer of Militia to make such complaint in his name, and the authority to authority of any such officer alleging himself to have been so '^^• authorized to make any complaint, shall not be controverted or called in question except by the Adjutant General. CI. No such prosecution shall be commenced after the expi- Limitation of ration of six months from the commission of the offence time for such charged, unless it be for unlawfully buying, selling or having P'*"**^"*'®"'* in possession arms or accoutrements delivered to the Militia. ClI. The penalty when recovered shall, if the offender Application of belong to the Active or Volunteer Militia, be paid over to the p*naUie«. S * officer 9i P. 20 Ca|). 11. Militia Act. 18 VicA; officer commanding the Company, for the purposes thereof, and Bhall be applied by him to such purposes and accounted tor by him to the Adjutant General ; and if the oftender belong to the Sedentary Militia, then the same shall be paid over to the Assistant Adjutant General, who shall account for and pay it over to the Receiver General for the public uses of the Province, and it shall make part of the Consolidated Revenue Fund. ■WISCBLLANKOOT PROVISIONB. CHI. It shall tiot be necessary that any order or notice under this Act be in writing, unless it is herein provided 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. CIV. All General Orders of Militia, or other Militia Orders Gcnernlorder* iggyej through or by the Adjutant General, shall be held to be how notiied. g^g^^^jgjj^iy notified to all persons whom they may concern, by - J their insertion in the Canada Gazette^ and a copy of the said e. Q^jjette purporting to contain them shall be primtl facie evidence of such orders. Orden and notices need not be in writing if given in p*T- 8on< orders, how notified. CV. All Orders made by the Commanding Officer of a Mi- SfttE ' litia. Regimental or Battalion division, shall be held to be suffi- ciently notified to all persons whom it may concern, by their insertion in some newspaper published in such division, or, if there be none, then in some neighbouring division, and by posting a copy thereof on the door of the Church, or of some Court-house, Mill, or other public place, in each Company division in such Regimental or Battalion division. Evidence oi CVI. The prrduction of a Commission or appointment, war- commissions, rant or order in writing, purporting to be granted or made ac- warrants, Ac cording to the provisions of this Act, shall be primd facie evi- dence of such'commission or appointment, warrant or order, without proving the signature or seal thereto, or the authority of the person granting or making such commission, appointment, warrant or order. Bonds entered CVII. Every Bond to the Crown which may be entered into into in pnr- by any person under the authority of this Act, or according to A'tt^h^^'Vd ^"y General Order or Regulations made under it, or for the "^ " '* ' * purpose of securing the payment of any sum of money, or the performance of any duty or act hereby required or authorized, before any Judge or Justice of the Peace, or officer therein authorized to take the same, shall be valid, and may be estreated or enforced accordingly. Sumsofmoney C VIII. Every sum of money which any person or corporation payable to the shall be under this Act liable to pay or repay to the Crown, or crown und«r ^jjich shall be equivalent to the damages done to any arms or other $55. Mlitia Act. Cap. 77. 21 other property 6f the Crown used for Militia purposes, shall be thii Act, how a debt due to the Crown, and may be recovered in any manner recoverable, in which such debts may be recovered. CIX. Every action and prosecution against any Officer or Protection of, ficrson, for any thing done in pursuance of this Act, shall be Officere, &e., aid and tried in Lower Canada in the District, and in Upper .uancVof Thii' Canada in the County, where the act complained of was done, Act. and shall not be commenced after the end of six months from the doing of such act, nor until one calendar month's notice in Limitation oi writing of the action and of the cause thereof shall have been *-^'**"* given to the defendant ; and in any such action the defendant may plead the general issue, and give this Act and the special matter in evidence at the trial : and no Plaintiff shall recover Tender of in any such action if a tender of sufficient amends was made *"«"<*•• before the action was brought, or if a sufficient sum of money lias been paid into Court by the defendant after the action was brought. ex. If a verdict shall pass for the defendant in any action referred to in the next preceding Section, or the plaintiff shall become nonsuit or discontinue the action after issue joined, or if on demurrer or otherwise judgment be given against the plaintifl, the defendant shall recover his full costs as between Attorney and Client, and shall have the same remedy therefor as any defendant hath in other cases : and though a verdict be given for the plaintiff, he shall not have costs against the de- fendant, unless the Judge before whorii the trial shall be, shall certify his approbation of the action and of the verdict therein. If FUinUff b« nou-8uit, &c< No costs against De« fendant ex* cept with ap* Jroval of udge. Paymeat of moiieja under this Act. CXI. All sums of money required to defray any expense authorized by this Act, may be paid out of the Consolidated Revenue Fund of this Province, upon warrant directed by the Governor to the Receiver General ; and such warrants may be made in favour of the Adjutant General of Militia, to enable him to pay such expense, or in favour of the party directly en- tilled to the money : Provided always, that no sum of money ProTiao. shall bs so paid out of the Consolidated Revenue Fund until first approved of by Resolution of the Lsgislative Assembly in the annual estimates. CXII. A detailed account of all moneys advanced or expended Aceouatint to under this Act shall be laid before each Branch of the Provin- '^"'"""o"*- cial Parliament within fifteen days after the opening of the then next Session thereof. CXtll. The due application of all moneys advanced or ex- Accounting to pended under the authority of this Act, shall be accounted for " aje'ty. to Her Majesty, Her Heirs and Successors, through the Lords Commissioners of Her Majesty's Treasury, in such manner and form as Her Majesty, Her Heirs and Successors shall direct. CXIV. 22 Cup. 77. Mi/ it id Act. 18 VitvJ li.urpretatioi. CXIV. Thf InttTprotiition Art shall apply to this Act, niid to nil Rr^'iilalioiis, ordcr.s and articirs ol rngagenicnt lawfully made or entered into under it. ('nminenre- ni«nt and du- rutinn of tliit Act. Proviso f(>r cait ot War. CXV. This Act shall come into operation upon the first day of .Inly, one tluMinand ei^dit hundred and lifty-five, and shall he in force for three years, and from fhenee until the end oil the then next ensninj,' Session of I'arliauient of this Province, and no longer; Provided, that if at the time when this Act would otherwise expire, there should happen to he War l)etween Her Majesty and the l-'nited Slates of America, then this Act shall continue in forct; until the end of the Session i of the Provincial Parliament next after the Proclamation of| Peace between Her Majesty and the said Tnited States, and nc» longer. QUEBEC :— Printed by Stkwart DnRiuaniRR and George Desharats, Law Printer to the Queen's Most Excellent Majesty.