• 1 IMAGE EVALUATION TEST TARGET (MT-3) ^ 1.0 1.1 1.25 mil 12.2 |J0 ""'^ Hiotographic Sciences Corporation '^ ;\ \ >. ' 1^ ^^V 23 WIST MAIN STMET WEBSTH.N.Y. I4SM (7I6)S72-4S03 i\ 4^ i^S . CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Notes/Note* techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. 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This item is filmed at the reduction ratio checked below/ Ce document est film* au taux de r6duction indiqu* ci-dessous. 10X 14X 18X 22X 26X 30X y 12X 16X 2DX 24X 28X 32X Th« copy film«d h«r« has b««n r«produc«d thanks to tha ganarosity of: Library of tha Public Archivas of Canada L'axamplaira filmA fut raprodult grica A la gAnArositi da: La bIbllothAqua das Archivas publiquas du Canada Tha imagaa appaaring hara ara tha bast quality possibia consldaring tha condition and laglbillty of tha original copy and in kaaping with tha filming contract spacificatlons. Original coplas in printad papar covars ara fllmad baglnning with tha front covar and anding on tha last paga with a printad or lliuatratad impras- sion. or tha back covar whan appropriata. All othar original coplas ara fllmad baglnning on tha first paga with a printad or lliuatratad impras* sion, and anding on tha last paga with a printad or lliuatratad imprassion. Tha last racordad frama on aach microflcha ahaii contain tha symbol — ^> (moaning "CON- TINUED"), or tha symbol ▼ (moaning "END"), whichavar applias. Laa imagas aulvantaa ont 4t4 raproduitas avac la plus grand soin, compta tanu da la condition at da la nattatA da l'axamplaira film*, at an conformity avac las conditions du contrat da filmaga. Las axamplalraa originaux dont la couvartura an papiar aat ImprimAa sont filmte an commandant par la pramiar plat at an tarminant soit par la darnlAra paga qui comporta una amprainta d'imprassion ou d'illustration, soit par la sacond plat, salon la cas. Tous las autras axamplairas originaux sont fllmte an commandant par la pramiira paga qui comporta una amprainta d'Impraasion ou d'illustration at an tarminant par la darnlAra paga qui comporta una taila amprainta. Un das symbolas suivants apparattra sur la darnlAra imaga da chaqua microflcha. salon la cas: la symbols — ► signifia "A SUIVRE", la aymboia y signifia "FIN". Maps, platas, charts, ate, may ba filmad at diffarant raduction ratioa. Thosa too larga to ba antlraly includad In ona axposura ara filmad baglnning in tha uppar laft hand cornar, laft to right and top to bottom, aa many framas as raquirad. Tha following diagrams lllustrata tha mathod: Las cartas, planchas, tablaaux. ate. pauvant Atra filmfo A das taux da reduction diffArants. Lorsqua la documant aat trop grand pour Atra raprodult an un saul clichA, 11 ast filmA A partir da I'angla supAriaur gaucha. da gaucha A droita. at da haut an bas. an pranant la nombra d'imagas nAcassaira. Las diagrammas suivants lllustrant la mAthoda. 1 2 3 ;:" % ' t 3 A i 6 ^ REP DEI •> yPRII* REPEAL N LAWS THEREIN MENTIOKED. >^ TO PROVIDE FOR TIIK BETTER v.* .m 0" ' ' ' ' ^' DEFENCE OF THIS PROVINCE, AND TO "s**i"r-:^;'* 'j- a*- ■ .*C' ■ 1, . REGULATE THE MILITIA THEREOP. •p-d-Xr -•s,.-.. l''^^ ';/■■■ '<*<'• ^'.-Jt.. ■-■■■'\"' :*?■■" iA'*«-!^-C4si '■^'&^ •si'i % .ft:-' MONTREAL: PRINTED BY STEWART DERBISHIRE & GEORGE DESBARATS, Law Printer to the Queen's Most EzceUettt Majesty, V . ' ' 1846, -rf.>v $ -"^^y ^ \^- -» • » ^ > •^%-%^>% •X -:|'^.r«!>r: # ^\v^ 'iBk^v * /S-^ (.i) I/} \- ANNO NONO VICTORIA REGIN^. CAP. XXVIII. An Act to repeal certain Laws therein men. tioned, to provide for the better defence of this Province, and to regnhite the Militia thereof [OtkJune, 1846.] HERE AS it is expedient to amend and con- Preamble, solidute the Laws of this Province relating to the Militia thereof, and to the quartering and bii- letting of Her Majesty's Troo])s and of the said Militia : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with tlie advice and con- sent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled. An Act to rc-iinile the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby Certain Acts enacted by the authority of the same, That the Act e^^?iJil^;" • of the Legislature of Upper Canada, passed in the and Lo**'. ^ forty-ninth year of the Reign of King George the caHada, re- Third, and intituled, Jin Act for quartering and f^^'^J- . billetting His Majcsti/s Troor>s ami the Militia of this ;9c;co.3."ca. •::i u. c. S Vict. c. •). Province of aucbec, '27. Gm. 3. «. 8. Province of aucbec, 27. Geo. 3. c. ;<• Province of (iucbec, "2!). Geo. 3- c. 4. L. C, 1 Vict. C.22. Cana(]a, 4 & 5 Vict. c. 2. Canada, 8 Vict. c. 51. RxceuimnQ jar as tney re- jpe ai oiher Xa jaws. Proviso. Province ; and tlu' Act of the .said Legislature, passed in the seeonrl year of Jler Majesty's Keigii, and inti- tuled, Jin Act lo repeal, alter and amend th". Militia Laws of this Prorince ; and the Ordinance of the Le- gislature ol" the Province of Quebec, passed in the tvvtMity-sevenlli }ear of the Keign of King George the Third, and intitiiled, Jin Ordinance for better regnlatinir the .Mililia of this Province, and rendering it of more irencral iilili/i/ ton:ards the preservation and security thereof; and tlie Ordinance of the said Legis- lature, passtsd in the same year of the same Reign, and intituled, An Ordinance for quartering the Troops upon certain occasions in the Country Parishes, and providing for the conveyance of effects belonging to the Government ; and the Ordinance of the said Legisla- ture, passed in tlie twenty-ninth year of the Reign of King (ieorge the Third, and intituled, uin Ordinance to explain and amend an Act, intitided, * ^n ^ct or ' Ordinance for better regulating the Militia of this ' Province, and rendering it of more general utility ' towards the preservation and security thereof; ' and the Ordmance of the Legislature of Lower Canada, passed in the first year of Her Majesty's Reign, and intituled. An Ordinance to provide for the defence of this Province, and to regulate the Militia thereof; and the Act of the Legislature of this Province, passed in the Session held in the fourth aiul fifth years of Her Majesty's Reign, and intituled, jln ^ct to amend the Militia Laiv of that part of this Province frmerhj constituting the Province of Upper Canada; and the Act of the said Legislature, passed in the eighth year of Her Majesty's Reign, aud intituled, ^n Act to re- vive and continue, for a limited time a certain Ordin- ance therein mentioned, for regulating the Militia in Lower Canada, and to suspend, for a like time a cer- tain provision of the Militia Law of Upper Canada, shall be and the same are hefeby fepeareS r except in so far as the said Acts and (Jrainances, or any of them, repeal any previous Act, Ordinance or provi- sion of Law : Provided always, that nothing in this \ 5 Act contained shall extend to rc|)eal any Law provid- ing for the performance of any C'ivil duti(rs by OIH cors or Non-commissioned OlHcers of Militia, n( inconsistent witli this Act. ■V sec, 1.0, 10 & II (u'o. 1. r. U. sec. 1. II. And be it enacted, Tliat the IMilitia of tliis ofwiiomthe Province shall consist of tlie male inhabitants thereo f, Jf.tlir'' '" over th e a ge of eit^htcen vears^ ai id luider the aire o f u. c, j yict. sixty years , heins; natnral- born su bje cts of Tier iMa- ^' iestv, or naturaliz ed, and haviuii; resided more tlum six months in this Province ; and the men coni})osins; the said Militia shall be divided int o tvyo classes , an(l all sucli persons between the ages of eiglite en and forty years sliall jielong to and form the first cla?^s . and those between tlie ages of forty and sixty years, shall belong to and form the second class : Provided , and be it enacted, that in time of neace th^ a ^ ,< Privates of each Regiment of Militia, s hall conais t \fy^^ I nolr»i>fri»-irr i:r\ i]nc\ fivai /^I'ltiw r»r«l^r -_ ^ ^' .3 1 /rei^ Proviso. A ^ / always. Private of men be long ing to the first class only . ■# ^ itf a in. And be it enacted. That the Governor of this Govomormay ^^U^ Province may, by Commissions nnder his hand and cere'o'rMiiitia. '^^ seal, appoint a sufficient number of Lieutenant-Colo- ^ yict c^9 ^^^^**^ nels. Majors, Captains, and other Officers, to train, sec 2." . vZ^'u^ discipline, and command the Regiments or Battalions *^'*T f^' of the Militia to be formed under this Act, according ^ rr%—*r7l4f to such orders and regulations as shall from time to time be issued by him for that purpose. IV. And be it enacted, That the proportion of the mimber of Officers to the number of Privates shall not be greater in the said Militia than in Her Ma- jesty's Army ; that every Field Officer and Adjutan t' in the said Militia shall be resident vkrithin the limits of his Regimental Division : Officer shall reside within the limits of his Battalion Division. Proportion of Ofticers to the number of Privates. L.C., 10 & 11 Geo. 4. c. 3. sec. 4. Field Officers And that every other, to be resident within the li- mits of their Battalion ^ Division. ik V. And be it enacted, That the Officers of Militia How MiiiUa so commissioned and appointed, shall rank with Offi- J^vSh Offi- ^ f^-L r guliir Army, U. (;., ti Vict r, 9, Kf.'. J. fiovcrrior t..' furiii I'.-ili ili.n iindltiv^'iniciit.il I'ivJMiutiii. '} 6 rerKoftlir II.- ('(TM f)C lIlT iMiljcsty's ()lll(r FoiVCS RTvillg ill lllis Province! as .liiiiiors of their i'("-|»('(tiv(' niiiks. .^ \ I. .\ii(l l)c il t'liiu ted, Thiit thf (lovcnior of this i^'oviiKM^ may, xshcii ;mach I^ittalion of the iVlilitia (including any n;!^u;i'n"^'""^ •'^iif:li Odiccr commanding a Uegiment of only one Battalion) may in like manner divide his Battalion Division into C'omjiany Divisions, and may from time to time alter sucli ('om])any Divisions or any of them, renortinu such divisions and alterations forth- with to the Adjutant (jleneral, and giving notice •^i^W- '^ thereof and otlierwise proceeding with regard to the same, according to the ])rovisioiis of this Act and such regulations made under it as may he then in force ; and eacli Company shall he distinguished by ' a nu her to be assigned to it. VIII. And he it enacted That each and every l^rson belonging to either class of Militiamen, shall tf^^t70litii0 enrol himself w ith the Captain or other Officer com- manding the Company within the limits of which jlpM^ such Militiaman shall then reside, on some one of the ■ / — . first twenty days of the month of" June in each and • - every year, and shall in so enrolling himsel? state *M^ tf.AAA^ jjjg name, age and residence, and whether he is mar- Enrollment of ^ Militiamen. ricd or unniarricd : Aivl llic Cnptain or otii' r ()\X\vov k%M/vt^%v4 coinniimdiiia; cacli (Jompimy slmll ( ;mso siicli tiiroU- ^^*^ ' iriciit to he miulc, an i'.t h-rt It m d 'v s Dir viotis ii!i])li(' iioticy ' of IIk' day or dixi ^ ('..Hhin prrin'l i){()r('~>ii I) iuid ol' thf place wiiliia ('oni[);niy Division on and at v.iiicli lie or >()nu' other Odiccr aciin^ uiiflcr liis ordcr^; will uttcr.d for the j)iirpose of making sdch ciirfdl'.nr'iit. IX. Provided always, and l)c it fnacli'd, That in ProvUion with the T)re^fMit_jMjar sneii enrolhiinit shall 1m' luaih' at ,'',|];'[,'„t"„f"' sueli tiijie as iTie (»i)V(;m()r sliidl Ity any (JeiKiiMJ i''t'f"« year. lOVIUO, / -^ Irdm : appoint: Proxided alwuy.-', that all Clerks o the Pcaee, Assessor,-; and persons e^ijjloyed jii takii i!^ the Cc nyiis^^ shall ai all reasona')!i' tnaes allow the 7)niecrs or^persons eiir^a^ed in m^kinfj; snch l^>!ls, free access to all ])nblic retnrns and ( loennie nts in their enstody,. and ailord them all such other o(1fI(Til information as may be required for ascertaining what perso!is ought to enroll themselvc s as aforesaid. X. And he it enacted, That each Otliccr receiving onicrr rccciv- such enrollment as alorcsaid, shall, within ei.'.^ht //5,!'.!',!"!.1''.''k"^' j Ldays a fter the com])letion thereof, return the Roll to Hoiitothu the Oliieer Comrnandinn; his iiatt;v'ion, who shall luaniihi^rhis" forthwith make a u;enerai return of his Paltalion to i;:v;taii>m who the Adjutant General, and the Adjutant C«eneral shall makcag.ncral tliereupou (in obedience to such order as he shall '''"^""'' receive from the Governor,) inform each Oflicer commanding a Battalion, of the Qitola or nund)er of men then required fin* active service ; and the OiFicer commanding each Battalion shall then inforn\ each Officer commanding a Company in such Battalion of the number of men for active service then required. XI. And be i't enacted, That on receiving such in- officer Com- formati9n as last aforesaid, each Officer commanding Trw to^n^"""" a Company shall, by public notice, appoint a jjace point time and and day at which he shall require all the Mifitiame n ftfiiSng who of the first class to attend for the purpose of deter- shuii serve in mining who among them shall he the men for active *'^ <»™P*"y' service. - -- . 1^ < 8 ' s K % JJ,"Jj"JJP; . ^"' .\ii, .shall laKc down llir nanicH of ujj • in«n who iihi.il tlu' lU'Mi o \ohinteeriii^,un(l the MM n >o >e|e( h'd shall he the men ll)r active .ser- vice : hut il' le^^ than the retpiisite innid)er .shall vo- lunteer, then the men re(|nii'ed to make up .such mim- her shall tx hnjlolted lor. and the Captain or other Ollicer alore.said 'h.ill proceed to hallot t'orHticli men in the manner I'nMovN in;r, or as nearly so a.s < ironm- .stunct'.s will all(>\'.. that is to .say: Ballot li;)W ooikIucU'J. \ He .shall Willi the name ol' each (d" tlu; \\\(\\ who have nol voluuii 'red, oti a slij) orpap(M-,and .sliall tbUl 11}) the .same (all the slips heiiit; as nearly as may be ot'tlie same si/., and folded alike) ; and shall put the .said slips into a Ix^x and shake them, and shall draw them out one hy one, shakiuj; them each tinu', and reatlin;;; aloud ai'l markiniii;douii each luune .so drawn, until, the niimlKi .snllicient to I'orm the rerpiisite num- her shall ha\(' hcii drawn, and he shall then .stop: and the men uhdse names .shall have been .so drawn .shall he those Inr active service during the term lor which the hallol shall be made, leaviiii;' to eaeli his law lid claim to i'\em])tion if any he .shall have; but in taking- the nicu to form the Qifola^ the unmarried mtMi of the lirst class shall bo first taken, and if they be insiillicient, then the unmarried men of the .second clas.s, and, if these bo ins\ifricient, then the married men td' the Hrsl class, and la.stly the married men of the .second (lass : Provided always, that if part only of the nu'ii of iuiy of the de.scriptions afore.said be taken, then \'olimteers .sludl bo tir.'^t received and the renmlnder made up by l)allot as albrcsuid. Rptumofpro- And the C/aptain or other Officer aforesaid shall c«6Jmg9. j^jjI^^ ^ Keturn of all his proceedings to the Officer i'i 9 hy so ap- h'H <)( ull '<»inpaiiy tliiiri th(* lall .select I )'niiK,un(l sliull vo- ''iK li iiiiin- or other ImcU men is ( irciiin- |( iHuiiiaiidiiiL; the Dntlalioii, who shall return the satne llo the Adjutant (ieneral, in su( h t'orni and nnder Isiirh regulations as shall he (lirecl«'(l l)\ Mililia (i(!- iieral Orders: Provided always, that no such seh'c- rruvU. Ition hy volnnteerin'^' or hallol .shall he re<|nired, ex- |(('pl when the said Militia are called out I'or activo [vrviee, accordiuj< to this Ac!. Alll. Anil !)(! it enacted, I hat the said ( ajttaiii or ni) iim moa, ((IIkm* OJlic.r al'oresaid, shall nolil'> the men who are to serve, of t'leir heint; so hallotted lor active service, laud of the period tor whi(di they are to serve. men who shall fold is may be iill put the dial I (Iriivv time, and ! so drawn, isito nuin- tlien stop : I so drawn ? term lor » eaeli his have; but unmarried id it' they ;he second 3 married ed men of* part only iresaid be d and the ;aid shall le Officer XIV. And he it enacted. That, in all cases ol" ic!neriji;encv, it shall Ix' lawinl i'or tlu; (Governor to, lordiu' and (iinct the men so taken or l)ailottcd lor rmcriioncy.thn active service to assemble at sucli place or places as '•"**''''""■ ""»y Ii(! shall appoint, (or the purpose ol' heuig lormi;;! into for anivc scr- ('ompanies and Hattalions: and it shall also he law- !|s'^l",||i,i^.'i &<;. lid lor the (Governor to (hisii^Minte hy name or mnnber the Uuttalions so to be Ibrmed, and to appoint su( li and so many Oilicers to train, (lisci[)lin(^ and com- inand such Com})anies and Hattulions as he may think lit, in conformity with the |)rovisi()iis of this Act as to the proportion betwcjeii the niimherof OHicers and Privates : Providtid always, that the C.'aptains and p^^^^^ I Subalterns shall be taken from the Regimental Di- I vision from which the privates they are appointed to command sliall come, as far as the same may he prac- ticable. XV. And be it enacted, That if at any time it Vacancies in Lshall appear that the number of men for active ser- v^'c'how'ap"" vice, volunteering or f)allotted for service in the Mi- p'led. litia in any Company Division, does not amount to the number which such division ought to furnish, the deficiency shall be supplied by volunteering or ballot from the men on the lioll of sucli division, to be or- dered and made in tlie manner hereinbefore provided .»0. \ (1^ ;l: I ■A H Extraorli.iaiy Poriod for wliirli Mi!iti;i men sh;Ul Hcrvc. 10 i'or !)allottin,c;: in othor cases, or as iipiirly so as may bc| |)ructi('al)lc. XVI. And I)!' it ciinck'il, Tlial tho ordinary Quota] of Militiaim 11 i.ilhis Province shall not exceed thirty thousanil nic'n,l)ut it .sliall ho iawi'iil for the (^iovernor from time to lime to direct sneh contingent or Quo/a I to he increased or diiniuished, as circumstances may reciuire. XVI I. Provided always, and he it enacted, That the period for wlucli the JMiiitiameii so called out for ac- tual service sliidl be respectively liable to serve, shall ])e regulated as follows, that is to say; at the end of one year from the timc^ of th.eir heing assembled for actual .'-ervicc^, one lialf, to be determined by lot, mi- der thedirectio'i of tlu> Ollicer Commanding the Eat- tallion, shall h ' })(n'niitted to return home, and the other half shall remain tor a second year, and then also b(^ permitted to return home; and tlie })Iace of tlios(« retnrnim;' home shall from time to time, and as often as occasion shall rc(inire, be supplied by a new Quola or contingent to be chtained and ballotted for as hereinofforc ])rovided. so that, exce])ting tlie first half, the said Militiamen sliall be liable to serve for two years at a time, and not longer : Provided that on (!very self ction of a new Quota or contingent, those men wlin ha^'o already served, or wlio have ser- ved most rec( iiily, shall not be ballotted for a second tenu of service until the others of the respective classes have lieeii exhausted. Ruio as to iiic XV^III. And be it enacted, That in so far as cir- liaualions and cunistaiices aiul tlip infomuition possessed by the pro- Comfanicg. per autlioritics will permit, the said Battalion and Comjnmy Divisions from which the Quota or contin- gent for active^ service is to be taken, shall be so made as that no llattalion shall consist of more than ten Prov ISO. and no Company of nor less than tour Com])anics, ai. , .._ ^ _ less than sixtv nor ot more than one huncfred j,n( twenty men, exclusive of Non-commissionec and Drummers. 11 XfX. And bo it enacted, That in addition to the iotas or contingents arttially org.nii/e I, the (lover- )r jiiay call out and embody the whole oi* such ])art may appear to him expedient ofthf Miliiia of any '^itnent, Battalion or Company in this Province, time of actual War witli a J'oreigu Power, to repel ivasion, or other prcsssing exigency, or for any ]>ui'- se connected with the preservation of the public eac'C or the safety of the Province, in su(di manner shall to him seem best, and may marcli tlie iMiliiia ito any part of the Province, and shall also have lower to niarch the Milithi or any ])ortion thereof, to jiiy place without the limits of the Province ])ut coii- -nninous t lierewitii, i'or i\\e attack ot any enemy that ui}^ have invaded, or may be marching or collected lor tlie jHirpose of invading this Province, or for the It'struction of any vessel or vessels, ]>uilL or building, J»r of any Fort, Depot or Magazhic;, formed or foriu- lug, by any Foreign Power at War witli the Queen, Uer Heirs or Successors, from whenc e the invasion )f tliis Province may be a2)preheuded, and in no )tlier case or cases wliatever. In caso of Tri- vnsion or War or l!(>l'i'llion, tile (iovornor may cill out llio' Militia, r.(', •J Vict. c.y. sec. (!. V. C, ■2 Vict. c. y. HCC. 4, And marcli the same into x any |Kirt of the Pruvincr (ir out (iCit in cer- tain casi'si. [f.C, 2 Vict. c. y. sec. o'i. { ' a part When a part l.„n 1 oftlic A'^ilitia XX. And be it enacted, Tliat whenever bnly of the Militia shall ])e so called out, it sliall and |;'calic5iut'' knay be lawful for any i)erson being'ai)rivate Militia- substitutes - fwm to provide and send an approved substitute eli- vIcLJ. feible to serve in the Militia to serve in his stead ;,. .^-^v ■ 111" !• 1 1 niP lO<GcO, jund such subsitute bemg acce])ted and enrolled tor i. c. 3. pcc ii, prvice, shall be liable to all the obligations of the 2vi^."^'9. Iinan for whom he is substituted. sec. o. Ii XXI. And be it enacted, That when the Militia are Punishment Iso called out and embodied, any Olficer, Non-Com- ^"'^ '""''"y- missioned Officer or Militiaman, belonging to any portion thereof so called out and embodied, who shall begin, excite, cause or join in any mutiny or sedition in the Regiment, Detachment, Troop or Company to which he belongs, or in any other Regiment, Detach- ment, Troop or Company, whether of Embodied Mi- ; I i m m 1^ I :i In 12 litia, or of Htn* Majesty's Regular or Provincial F(!| ces, in any (amp or Post, or ii})on any party, detaft] nient or fiuaid, on nny pretence whatever, shall stifFJ such ))unislmient otlier tlian death or corporal pi Tiishmeiit us by a (Jeneral Court Martial shall lj| awarded. Punislimrnt for n;il I'^inu; ♦•ndi'avors tii .11 XXW. And he it enacted, 'I'liat any Officer, Not] comnussioiicd Olhcer or Mililiainan, who, being pn suppres^s imi- {^(.,it jvt aiiv iiuitiny or sedition, shall not use utmost eiidcavonrs to suppress the same, or commgtl the knowledjie of such mutiny or sedition, shall iifJ withciut doiiiy give inlbrination thereof to his Coirij maiuling Oiiicer, shall surTer such punishment, otlitj than death or corp.oral punisliment, as by a Gener^ Court Martial shall he awarded. i ■ 4 PunisIitTi.-nt for dciioilioni Punishment for btiiiif ab- sent without leave. __X11I. And be it enacted. That any Officer, N( commission(d Officer or Militiaman, who shall convicted ui' havina; deserted to the enemy, shaJ sutler death or such other ])unishment as shall awarded by a General Court Martial. XXIV. And be it enacted, That any Officer, Noiv connnissioiicd Officer or Militiaman, who shall quitoj otherwise absent himself from his Kegiment, Dej tachment, Troop or Company, without a furlouglj from his ConnnandingOiFicer, or who shall withdraw? himself i'roiu the Kegiment, Detachment, Troop on Company, into which he has been embodied, in ordeil to attach himself to any other Regiment, Detacli| ment. Troop or Company then in service, whethen of the Militia or of Her Majesty's Regular or Pro vincial Troops, shall, on being convicted thereof, li j)unished, ((\cepting by death or corporal punislij ment,) ac(M)rding to the nature of his offence, at tliJ discretion of a General C'ourt Martial; and in case aiii Officer of tlie Militia shall knowingly entertain sudj Non-commissioned Officey or Militiaman, or shall not, after his being discovered to be a deserter, ini| 'i.i r i, ■■\Mi WMweftftti'-^'y 13 Ktliately confine him and give notice to the Heu;i- Int, Detachment, Troop or Com))iuiy in whirli he It served, he, the said Officer so otfendivt;- all, on iviction thereof heforc a General (.'our -lartial, I cashiered : And be it enacted, that if any tXficer, )n commissioned Officer or Militiaman, shall he |livi( ted of having advised or persuaded any othei' peer. Non-commissioned Officer or Militiaman to Bcrt Her Majesty's Service, he shall suffer such liiishment as shall be awarded by a General Court n-tial. [XV. And be it enacted. That the Governor ill have the power to form such men, belonging to Militia, as shall volunteer for that purpose, into [giments or other Corps of Militia, Dragoons, |tillery. Rifles or Light Infantry, s eparate and dis - I ct from other Militia Corps , and to be taken froin different Battalion or Company Divisions afore- l, in any Regimental Division, and from such local rtions thereof as the Governor shall appoint with krd to each such Volunteer Corps, and to appoint necessary Officers ; and such Corps so constitu- , sliall be subject to such orders, rules and regula- m, with respect to drill, inspection, or other duties, |f'rom time to time may be issued for their efficient Kinization for actual service, apart from other llitia Corps in the Province, but shall otherwise [liable to the same duties and obligations as other llitia Corps, and subject to tlie provisions of this It in like manner : Provided always, that notliing rein contained shall prevent any ai)proved )uan Im serving in any such Volunteer Corps although |1)e not then ballotted for service in the Militia, J)vided he shall take upon himself the same obli- lions and for the same period as if he were then so [lotted for service ; and the obligations s^^aken )n himself shall then be as valid and binding and y be enforced against him in the same manner as le had been ballotted for service as aforesaid. GovcTfior may form Volun- teer Regi- ments of Dra- goons, Artil- lery, Rifles and Light In- fantry, i V.C., 2 Vict. c. 9. sec. 14. 15. & 17. Proviso. if. i, \ , If ', !i fJt "■ I ^l 'III ! f- Governor ni«y appoint a Com- niodorr, ntul Provinciiil .\ii- vy. V.C., 2 Virt. c. D. see. 47. Poliitivclo tlio n[ipnintr!W>nt ,j of Insprctinjr Field ( HVic.vra of iMilitiii from ^Jlflcr Miijfsly's ^ I{cL;ularj\ rniy. To havp the rani< or( 'olo- nt'lfi of Militia, line! conniiaiul till! Militiii Rrq;iiiiriits in their Distii.ts. Such r.lililia rank not to CiUuVr on tlii'so Oiiicers any hi^jhiT iiullicir- ity inller I\Ia- ii'sty's I'orei'S. I'rovi.so. 9 First C^Iass of Militia to be ussfiiililei! liu" trainin I- v ear- Iv, " '-"^ ^^J. "mi ISO. 14 XXVI. And be it enacted, That tlie Governor mJ by V'olmitctrs as aforesaid, and under like provisioi i'orin a Provincial Naval C'or{).s, and may appoitij Commodore, wlio .shall rank with Lieutenant-Col nels of Militia, and also Ca})tains and LieutenantJ a ProvuK ial Navy, wlio shall rank with Majors a| Captains of the Militia, as Seniors of their respectij ranlis ; and the Officers and men of such Corps sli be drilled to the exercise of boavy guns, and toil managemrnt of gun-boats, in addition to their dut( in the use of small arms as a Militia force. XXVII. And be it enacted. That in case Her MaJ ty shy 11 be ])leased to ap])oint Inspecting Field Offic^ of Militia, liolding the rank of Field Officer in Majesty's other Forces, for any portion or portid of tiiis Province, sucli Insi)ecting Field Officers slij reh:))ectively have the /ank of Colonel of Militia, shall comiitand the Militia within the Inspection tricts to which they shall be so appointed ; but tl grant of the- Militia rank of Colonel shall not coiif n})on these Officers any privilege of rank or anthorj over any part of Her Majesty's Forces, beyond wliich tlieir rank in tin; llegular Service entitles tlij to : Prov ided, tliut all Colonels serving by ComnJ sioi]s signed by Her l\Iajesty's General Commandl ill Cliicf ill British Norlli America, shall, when (| jdoyed en any duty in conjunction with Coloia serving ])y commii-sions from llie Governor of ti Province, 1iave precedence of sucli Coloneds althoil tlie Coniiaissioiis of tlie latter be of elder date. XXVIII. And be it enacted. That t he First C'll of Militia, shall be assembled for muster and (ill pliiie, for one day in each year, as shall be direcj in caeli division respectively, and such day shall] the t\ve!itY -ninth day of June , unless that day Sur.day, In wluch case liie next follov/ing day si be tlie day for so assembling : Provided always, i| th'- Governor may, b^^ arv General Order, disrei w 15 ,iUi or forbitl such assembling in any year and witli kgarfl to any division of Mililia. A XXIX. And be it enacted, That in case of any incasoofsud (Icn cinprgci''v refurcnro J>rder, di^M sudden emergency, wherein the aid of the said Militia 'Xn Forces shall be required for the imrposes of rei)ellins: '^•'"""^ ^'^^^'^ . . ^ . 1 ^ . ^ 1 '■ ^ to ihe Ciovcr- iuy invasion, or any other pressing danger or emer- nor, onicers jency, when there shall be no opportunity of com- ^''^'™^[j'*o"f iiiinication with the Governor, it shall be lawful for the Miiiiia. the S enior Lieutenant Colonel, or other Oificer com - o virY'c?!).' ImaiKlinFa ny Ke.i2;iment oi' ivliiitia, to call out and as- «ic. :{o. [senible the whole, or any portion of the Militia of ^ jtlie Regimental Division in which such Lieutenan t j_ [ Colonel or other Oitlcer shall coiumaud , as the case ^ inay be, for actual service, and to keep the said "^ • Militia, so called out, assenihled for actual service j, I until tiie pleasure of the Governor shuU be known. T XXX. And be it enacted, That the following per- Pcrsonsex- ,'^ ^ sons shall be, and are, herelty excTiscd from actual srmng InThe '' service in the said Militia, in any case, namely : Miiiiia. 2 Vict. c. y. The Judges of Her Majesty's Courts of Queen's *"-''^- ^j*;- ^. Bench, or of King's Bench : lo & I'l Geo. -' The Vice Chancellor : Tlic Judge of tlie Court of ^'ice-Admiralty : The Judgc^s of the Circuit and District Court:-, and Cominissiojiers of Bankrupts : Tlie Clergy and ]Ministers of all denominations of Christians : Tlie Professors in any College or University, and the class of persons known as Les Freres de h Doc-" trine Chrclicnne : The Keepers and Guards of the Provincial Peni- tentiary. 4. c, 3. sec. 0. 4 ;? m 1^! 16 l£ And thiit tlic lollowing persons shall be exempt* in from actual srviee in the said Militia, exeept in tinn (iC War, Invasion, or Insurrection, l )nt not I'roin e isl lollnu'iit : Ylie Meiiibers of tlie Rxerutive and Lcgislativi CouiH ils : Tiic M( iiil.crs of the Legislative Assembly: TIh ()(ri(( rs of tlie said fJonncils and Assembly, respectively : The Attorneys and Solicitors General : The Provincial Secretary, and Assistant Secre-| taries : All Civil OfUeers who shall have been appointed to any Civil Offie^' in this Province nnder the Great Seal : .. All persons lav^^t'elly authorized to practise Physic or Surgery : All Adv(K ates, Barristers, Solicitcjrs or Attorneys : Notaries i:i Lowca- Canada : •- ^ Halt p:v, and retired Olficers of Her Majesty's r Army and iNavy : X I'ostnuisttrs and Mail Carriers : ^' /* Sea-Iaring men actually employed in the line of .^■'•^•their calling : .. .. J' Masters of the Public or Common Schools : f^ Ferry-mea : m, l\ 17 i One Miller for each run of stones in every Grist Mill : Keepers of Public Toll Gates : Lock Masters, and Labourers employed in attend- ing to Locks or Bridges on Public Canals : Members of Fire Companies and of Hook and Ladder Companies : Constables and Officers of the Courts of Justice, not being such solely by virtue of their office as Non- commissioned Officers of Militia : Students attending Seminaries, Colleges, Schools, and Academies, who have been attending such at least six months previous to the time at which they might be called upon to do Militia (hity : All persons disabled by bodily infirmity. ■ * Provided always, that such exemption shall not Proviso. prevent, or be construed to prevent any or every of the above-mentioned persons froni holding Commis- sions as Officers of Militia, or from serving in the said Militia if they shall desire so to do ; And pro- Protuo, vided also, that the Governor inay exempt any of the abovementioned persons, or any other persons, from actual service at any time in the said Militia ; Provided further, th at no person sliall, in anv pros es Proriao, cution under this Act, be entitled to claim such ex - -Jjh^Jjji^/t^ emptio n ij^ilesFhe sliall b efor e the co mmencement of , ^i^-"**^ sucn prosecuiion have served u"^n the (Jgptgtin of -. — » t he (;ojnpan y m which he o ught otl ierwLs e to serve, /m#%. Ci^ * ** )tice o f his, claim to such exemption, and his affi- If^t-t^y.mf^ it sworn before some J ustice of the l^ eace, ot^ the *^'^ a no davi lacTs orJ which such claim "shall be founded ; and in every case where exemption shall be claimed, as well on the ground of age as otherwise, the burde n of proof shall lie upon the person making such claimT" :}> 'i4 1 m ^ h 1 1 i cniptodon payinent uf cortuiD Kum^ of money, U. C , 2 Vi.it. c !t. tec. 5^. 18 auak^ru, XXXI. And lu5 it tMiactod, Tliat the persons called Tttnk«r»,ex- Quakers, Mcmioiiists or i imker.s, who, trom scruples orcoiiscitMict', (Icclijie hearing arms, shall, on certain eondilions, l)e (!\eni})t iVoni aetnal servi( e in the Mi- litia, tliat is to s;iy : every person wlio would other- wise be li!\l)le lo servo in the Militia aforesaid, and wlio sli;ill ])i'()r('ss to he one of tlio ])eo])le called Quakers, iNleiiiDiiists or Tunkers, and shall produce to tiie Captain of the ('ompany in wlucli he ought oth'M'Vvise to serve, a eertilieate of liis l)eing aQnaker ' Mennoiiisl or 'i'linker, signed hy tiie Clerk, Pastor, ; Mini.'ter or I'lldcr of sueh Soeiety, or hy tlirce or '•' more of llie saii! people called (Quakers, Mennonists ''. oi- Tunkci's, sJiall be exempt from actual service in '■"' the said Militia ibr one year, on payment to the said 58. Cn]>lain of the simi of live shillings, currency, in time of Peace, an lit iridy picpw!,- in(lc})cndont of, and apart from any rank that maj rlk'l.'rri.t'' 'x- '»'ltl »>y «i»''l» I><''*s"» »" iiny Ht'giment or Battalion tenant Coiom;i. of Militia in tliis Province. U, (.'., a Virt. C. 9. BOO. 1 1. (lovcrnor niuy pnjHfribfi llio uniform ut' tlio Militiu. IJ. (;., 2 Vict c. !♦. RVC. lli, Penally on Odii'prs ap- pr;iriij{{ willi- out such uiii- forrn», wlnwi on Rrrvici'. u. »;, 2 Vict. c. 'J. . •ec. 13. Itl^JUt^ "^•' Trnaltif s on ' ^ ^ \ OU'iccr* who, in tiuie uf XXXVir. And he it enacted, That the Governor may iVom time to time preserihe the uniforms to be worn hy llic Militia of the Province when on dutj ii|K)n actual service, and may require Oflicers of Mi- litia (o provide themselves with such hooks for in- struction in tlieir duty as he shall see lit. XXXVIIl. And he it enacted. That any Omcer of Mililia who sliall not, when called out for actual ser- vie(! i n time of war, provide hitnself with such uni- form, iiieludiiig a sword, or Avho shall when on such aetiinl service nppear at any M uster or Inspection of (j the Battalion or Corps to which he shall belong,^! williont heiii^ dnvssed in such uniform and sword, or wlio shall not have })rovided himself with such books of i nstruction as may he h ereaft er required by any Militia General Order, .shall be and he is hereby de- clared to l)e superseded. IhI ppftcc, arc guilty (if no- lle,.. ill' 1 .* IJcdicnrc of or- ders when on servii'c. 11. C, 2 Viot.c, y, liCC. It). J.-1 Kw.— X'JO. fwh off pui Penaltie* on Militiaiiicn, who, in tiriis peace, are Ity of ne- girct or diso- bedience of orden, &c. U. C, 2 Vict. c. 'J. •M. 18. XIX. And be it enacted, That any Officer of Militia who, i n time of peace , sliall be guilty of wil- ful nedef 't or di,so])edience of order s, or any act of iiisubordinalioii, in tlie {xn'fonnance of his du ty, shall, on conviction, be liali^ to pay a line not less than two pounds, ten shiliTng.«, nor more than twenty ])oun(ls, besides costs of conviction, or to be dismis- sed the SfM'vice, at the discretion of the Court before whom he shall be tried. XL. And be it enacted. That any Militiaman who, in time of peace , shall be guilty of wilful ne^lecj o r disobedience of orders a t any time, or ot'_ any act of i nsubordinatio n or misconduct , while on parad e or engaged in the performance of Militia duty, shall, on conviction, incur a nne ot not less man nve shillings nor more than ten shillings over and above 21 thr costs of conviction ; and in drfauU of payment, S *• ^ ^ and if suflicicnt distress bo to found, sliall he liiihio f*" to imprisonment in the Common (iaol of tin* District ^^ ^ for a term not less than six days, tior more tlian one '^ Fnonth, nnlessthe line be sooner paid. *^^ Jhn XLl. And be it enactt^d, That any Ojficer or P'-nMiiMon Militiaman, who, in tinu; of War, or wiien the Uegi- iri'i'mroTwir, niefjt, Detaclnnent, or C'orns to wliicli he shidl beh)nu;, "''"" ■')""""^' , 1 1 /• 1 • ^' or lirylrct lo shall be ordered out lor actual service, or any such repair to tii» danger or pressing emergeiwy as aforesaid, shall avII- |,'nip"..j'Io,-''/;^Y fully refuse or neglect to obey any onh.'r, or sball a!)- ^ ''■ '"', scond from, or neglect to repair to tlif; j)la('e he is or- r.r.'l;'. ' "*' (icHid to, shall, unh'sshe shall satisly tlic Lieutenant '■■x«:n'i'nia»«i (/Olonel or (Jllicer coinmaiiding the liatlalion or ..r uhscnu on C/orps to which he belongs, that such reliisal or ue- '•-"*^''- gleet arose from sickness, or tlial he was al)sent uj)- 011 leave, as soon as possilile be brought to trial he- lore a Court Martial, as hereinafter pro\ i(!(ul, and shall be liable to be ])iuiished by line, iniprisonincnt or otherwise in the disci'etion of tlie (.ourt INIarlTaT* , by whom he shall be tried; Pi'o\ iiled that no sucli Militiaman shall be Hogged in any case wliatever. '« XLTI. And be it enacted, 'I'hat every })ersonwhe^ Penalty on ' ther he be or be iiol in the Militia, and although h^ SydUpi^ -' be also liable to t)e tried for the oli'eiice by Court oforobtaininn Martial, who, at any time whatever, shall sell, barter ",uipnu.nts of or pledge, or tender in sale, barter or ])ledge, or un- the iviiiitia, or lawfully make away with any j)art of the arms or munition! equipments of the said Militia force, or any amuni- tion or stores, and every person who shall buy or by barter or pledge obtain, or who shall otherwise un- lawfully receive, take or detain any portion of the said arms or equipments, or amunitioii or stores, shall be deemed guilty of a misdemeanor upon conviction for such offence before any Court of competent ju- risdiction, and be liable to be punished accordingly. / XLIII. And be it enacted, That all Officers charged officem charg- .,■, rf ct • 1 ji . . ^ /. eo with offen- with any oftence or ottences against the provisions ot ccs against thi« r« 22 /J^,V>«fth«tf tliJH Act ill time (»r |)(!a(r, shall he hied hy CciktuI Cr'a'CTr!!!'. ^'"iirl Marliiil; and thai llic ( Jovcrnor ofthis Proving; >^ shall have iiiillioiily by any Mililia (ii-iicral OrdtTs, j* '^ Tm;., to as;>ciiihli! su( !i f Ji'iiiial ('(dirt Marlial, — thf sairic •^oTmI'^"^ to consist ol' one iMcId Olliccr of Militia as President, ifowtoixMon. •'""' •'• ''''^^ >i\(>tlMr ('oiMiMi-'-ioncd Olliccrs; provi- •liiuiej. (icri (hat when a Kirld Olliccr cannf)l conveniently he. had lor such service, a Captain may act as l*resident. // Nooinctrii.i \l,l\. Pi(»\i(leil alvNays, and he it enacted, That _ '''''"'• f»"'^'^ no Olliccr nndcr the rank oi Captain shall sit upon ^ CnpiAiii to Irv ali.lil on; r: rial t(l any I'Meld Oliiiw r ; and that the Senior Senior nir,.,.r ()l|•„.^,,. ,,n any" Court iMaitial shall he the President li> lift I ie.-.i- ^ J .lent. thereol. f:oveinorin..v M^V. Ami lu it ciiactcd, That tlie (governor npiHii.ti. apiioiiil a .Iiiiliiv AdvocaU^ for every (General .•it/V.irfv.r.v Court .Martiid, who shall he < nliilcd to receive for AuS'/'''''" cachd.i.^ ii[M>ii ubicli the Court Martial shall sit the i;.<'. 0. VKi. ^,,„^ ,^|- (\venl\-(ivc shilliims. .a fH. /V Miiiiinnicn, in / X\ ,\ I. And he it enacted, That every Militiaman, toiuMii.'.i •>>• cliaruc'l v>ilh ;iiiy oiicnce or ollences aj^ainst thepro- RcBiiiiPiitM y isioiis of ilii; Act in time lie foiistitulfd. /f XT..VII1. A) f\ be i; enacted. That the Officer who Notice to be given to per- in i, iz-ki- /-« •»»•«• sonstobctricd Shall asscmole ai:"' such Ordinary Court Martial, in 20 Province 11 (JrdiTs, jtlu' same Prt'sidtMit, rs ; provi- Incntl) he. l*i'(*si(li'i)l. lied, That I sit U})oii IIjc iSciiior President (iovornor (uiicral c'civo for mil sit tlu; lililiainiiii, st tlie pro- bo tried !)||'| fiicercom- llie ofFen- jiutliority, V)iirt Mar- ( )iH('ors of I be of the lie Officer and such (n'lriiiie al^ >Tilitiama p iry to tl fficer who ^lartial, in tiinc (»f prare, sliul! onlcrtlu^ (-'.ipUiin uv < '.'.cr OlH- I'vunyOnU. ccr in conmiand of the CoiMpaiiy to wliirji inc MiJi- i(|",Jj|""'* tiiiiium ciiarmd uithany olfenc <• iii-iainst the ).i<)vl- ' *■ -•Vici. xions of lliis Act shall htloiii^, to ci'iise milicc in wri- "^ '•'■ ""•-'• tint? to he given to liie pc-rscni so chariiied, reniuiinj^' him to aj)jiear and answer to any ^U( h < liarirc, uhicli notice shall I'c signed hy the ( a|. lain or Oliict r cni- ^k niandin;: mk h Company, and mity he in the woidi^.c/r ^ ^ to the effect following: '■ nil sftiueh " Yon, A. n., ai'e rf([nind to attend heforc an ^^r- " (h'nary Conrt iMariial of tlie " of Militia, wiii'h v ill 'ss -ndjlc at " (m tlu! (lav of at " oVdock in tl loifntif ij, to answer to a elnrue " which will h( th«'Mi and ihere preferred a;],a.inst yon, " for f scti''i: forth me o(fciuc hrirfjij, as the cusc may " Dated this day of IS— '* {'Signed,) C. 1). Captain ol {cr Olliccr com- " numdinu;) tlit; Coni]);niy of the " of iMilitia." ^ XI^IX. Ami he it eiuicted, That no snch Militia- man shall he condenincd or lia!)ie to answer any chariije pvel'errcd auainst him, nnh ss it he proved at on imofot the time appointed for the trial of the charije, that j;;,^,"/'"'*' he was serve tl with a notice as hereinbefore provided, i'. c. '-J Vjit. at h'ust fonr days before the meeting of the Conrt ; ''••'"'•*•-• ami that if any such Alilitiaman, on whom snch no- f^'^ZZ'\mt' tice shall have been served, shall not appear to an- -ippcarini,', may svver to the charge ])reterred against him, the Conrl "^'"'"'• may j)rocee(l to the trial of the saiil charge, and ])ro- noinice judgment as if the person so eh;\rged wec^ p, present and answering to .such .barge, •^^it^ yL /C L. Aiiu be it enacted. That the person who Fofsforserv- shall serve notices as required by this Act, shall be Sveyii'i'iJ^prU entitled to receive four pence for each mile he shall ^"J'T^o"^""^' necessarily travel, to effect such service, and one c. !». see. 25. ' shilling and three pence for .such service ; and every JJ- ^^^ No I'lYon lia- Me to Ix' so trii tl rxci|it ser- M ■ I' it i«. 3j, By wliom F<'( shall lio paid. 24 pf>r8on wlio sliiill arrest and convoy to prison any MililiaiTi.in, in ])ur.suanco of tlie sentence of any such Court Martial" sluill receive the sum of one shilling and tlirce pence for such arrest, and four pence for eacli mile he sliull necessarily travel to make the sarn(>. :22 Feet shall be tthargcd against the l'ru>liicial ("Jovi'iniuent. lil. And l)(' it enacted, Tliat the persons who sliall l)r employed in the sumnionini^ witnesses, and in seivini; notices, and others Avho sliall be enti- tled nnder tliis Act to reniunei'ation for any service I'clatinu to siidi Court Martial, sliall be entitled to rcc(>ive the sMnic iVoni the President of such Court Mai'tial, to whom it shall he ])aid by the Adjutant (jcnerai, out of snch monies as shall lie from time to till)'' advanced lo him (by warrant of the Covernor addressed to tin • Receiver (general) for the purpose ^^^jf^deiVayiiiii; the contiiip;ent expenses lawfully incur- ic^nndcr tiiisAct; and such Adjutant General is liereby authori/;(l and recinired to pay the same, up- on i'ec{'iviii,':>- a fay l/!4 signed by the President of stub Court Manial, and sbaM cbarfre the said amount in account with the (j(>vermY)ent of tliis Province. '^ 1 OfTliU'i-s of Mi- litia not to sii '' 1 on Court Martini for * t ^ trial of Olli- coMor Sol- diers of 1 llM' Majesty's Re- gular Feces, i and ri'r v '■•> L.O. 1(1 A 11 1 Goo. 1. e. :). 1 .e.-. 1-2. J 1 Spnteiice of I Court M;irli;il, not to be ear- 1' ned into el1"<'ct 1 until a i)rove(l. U, C. 'J Vi.-t. m c. 9. sec, ;{l. Lll. And be it enacted, That no Officer serving in the IMiiitia sjiall sit on any Court Martial upon the trial of any Ollicer or Solditsr scM'ving in any of Her '\| Majesty's o\]\vv Forces; nor shall any Officer serving in ant»-<)f Her Majesty's other Forces sit in Court IMartial upon tlie trial of any Oflicer or Soldier serv- irii; in the ^Tilili.a. l/f II. And b;' it enacted, That no sentence of any (Jcneral Court Martial shall be carried into effect until the same shall be ap])roved by the Governor of this Province ; and no_s o uten ce of any Qrdinary Court Martial sliall be earned into efl'ect until the same shall l)e approved by tjie Officer who shall have a ssend )led sucli Ordinary Court Martial. \^ 25 LIV. And be it enacted, That every such Militia Courts Maniai feourt Martial (General as well as Ordinary ^ shall IKSnci lave power to suiTimon witnesses , and to examine of wimpsses. ich witnesses upon oath^ relative to any charge c. b^iVc. ^jj^* ^hich such Court Martial shall be assembled to try ; m\ if any witness so summoned shall neglect or - JE^fuse to give his attendance or being in attcndrnce \\ refuse to sfivc evidenc e, he may , b^ such Court artial, be committed to the Common Gao l of the Eight .Jays, istrict in which such Court Martial sliall be held, r any term not exceeding eis;ht days. X \iV. And be it enacted, That in all trials by [ilitia General Courts Martial, the Jiitlge Advocate, ir j)orson officiating as such, shall administer to eaca ITcMul)er the oath hereinai'tcr inserted ; and in ti'ials ly all other Militia Courts Martial, the sanu^ oath lull bo administered by the President to llie other [lernbers, and afterwards, by any SAvorn Mend)er, tlic President : RTeinbcrs of (Jourls Miirtial to I)c sworn. U. C. 12 Vict. c. 'J. SCO. :J1. " You shall well and truly try, and determine ac- TheUaUi. cording to the evidence, the matter now before you, and you shall duly administer justice therein, according to law, without ])jirtiality, favour, or aftection : you shall not divulge the sentence of the Court until it shall be ap})roved by the Ciovernor, (or in case of an Ordinal y Court Martial^ l)y the I' (Officer to whom such approval shall lawfully be- long,) neither shall you at any time* or on any ac- count whatsoever disclose or discover the vote or opinion of any particular member of the Court Martial, unless required to give evidence thereof in I' due course of Law. So help you God." And as soon as the said oath shall have been ad- iiinistered to the rrspective mem])ers, the President fthe Court shall administer to the Judge Advocate, )r person officiating as such at a General Court Mar- tial, an oath in the following words : Judge Advo- c:itc to bo sworn. 26 HiK Oath, (( 2i lifi sworn. U. C. 'J Vi.-t c. 9. Rcr. 31. " I, A. B., do swear, that I will not, on any acj count whatsoever, discover the vote or opinioJ of any particular Meml)or of tliis Court MartialJ unless required to give evidence thereof as a will ness, by a Court of Justice or a Court Martial, \\ due coursf of Law. 8o help mc; Cod." TA'I. And he it enacted. That all persons "whiil shall giv(^ evidence before any Court Martial, sha!l| h(^ examined on oath in tlu^ folhnvins words: •J'h'ir Oi.ih. Tlie cvHi v'Mr shall give before tliti ,- I dence which I" Court, shall Ite tlie truth, the whole truth p nothing hut the truth. So iielp you God." a; IIS C«jnrt7\l.irlial ailV CoUl' . I _ ^ _ '' tL \i\ 1 1 . And 1)e it enacted, That any person who shall ccciiiii.rs Of i is(< uienacing word.s^ signs or jrestures in p resenccil 't ^lavlial, o r sh al I cause an v uisordeFliil Persons intor- rupliii;: i>ri) inittt'il to >;ai% "-^ to disturt) not so as to disturb its proceedings, j-;hall be liabltl to he iinpi'i.so ned, upon the wa rrant of the. Pr esideiij of the ('on it, in the Con^.mon Gaol o f ttie l3istvict il which such Court .>-hall sit, for any periocPnot ex] cceding ei^tdays^t the discretion of such Coiiii Martial. IjVII f. And be it enacted. That the Governor mfivj if he shall think proper, when any complaint sh? he made against any Oifieer of tlie Militia, or when aiivl ai»plicati()ii shall be made to him in that behaltj assemble a Militia ( Jeneral C-oin-t Martial, or mav at any oDun* tii>ie, appoint a Coui't of Inquiry, to coii-l sist of at least three Militia Officers, to examine into! and report ni)on snoh complaint, or npon thel grounds of any such application, or cause of inquiry. Persons im- '^/LIX. Aiid be it cuactcd. That all persons impri-I rnT'l!!"?'''''^ soned under sentence or order of any Court Martial Courts Mar- in timc^ of pcacc, shall, by the Warrant of the Presi- miticdto t'lu'" flcnt of su'h Ccnirt Martial, under his hand and seal,] comiruin g.ioi. specifying the cause of the committal of such persons, be committed to the Common Gaol of the District in Jcr EijfUt ilnvs Governor n\,iy appoint a Court of In- quiry ; U. 0. 2 Vi<-t. c. 9. sec. -^.S. How tr» lii> coiistitulod. 27 son wlio shalil yhkh the Court Martial shall be held, and upon Buch Warrant shall he received and kept by tlie ],aolcr ibr the period therein mentioned. 1^ LX. And he it enacted, That if any person shall [wilfully hiterrupt or molest an^ portion of the said [Militia Force whilst on any lawful duty, it shall l)e lawful for the Officer present and in comnumd t hercol', jto cause such person to be arrested ;nid ta ken un- I der guard of any one or more Militiamen, before any one of Her Majesty's Justices (jT the Peace, who, after complaint made upon oath, shall, upon sum- mary conviction, sentence such otlcrider to pay a fine not exceeding ten shillings, or in default of pay- ment and of sutlicient distress, may commit tlie offender for a period not exeeedmp; eight days, to the Common CJaol of the District, if tlie fine be not I sooner i)aid. LXI. And be it enacted, Tliat wlien Her Majes- Itv's l^egular Forces, or the IMilitia aforesaid, shall [be on a march within this Province, and ])illettc(l as licreijuifter mentioned, each and every liouseholder therein shall, when required, furnish tlicm with [house-room, fire and utensils for cooking, and can- Idles; and in cases of emergency, by actual invasion lor otherwise, it shall and may he lawful for the Oifi- tcer commanding the Ref:,iment, Battalion or Detach- ment of Troops or Militia, to direct and empower any OfFicer or Non-commissioned Officer of the same, or other person, having first o1)tained a Warrant for such purpose from a Justice of the Peace, to im])rcss and take such horses, carriages, or oxen as tlu^ ser- vice may require, the use of which shall be thereafter paid for at the usual rate of hire for such horses, carriages or oxen. Fersnns inter- riipliiijT Militin oil duty may liu C(iriiin('il by CoiniiiainJiiiij Ollu-or. U. C. -2 Vict, c. 9. Kcc. 50. lOs. Eijrlit ciavf Wliat, sliall be furnished by liDUSL'lioldcrs and otliers to Ihr .Majesty's 'I'rooiisor Mi- litia whin on a march. U. (J. 10 Geo. 3. c. 3 s.)c. 1. In cases of In- vui-ion or em- ergency, hordes, carria- ^.'is or oxen UK;y bc> iiu- pitssed. To be paid for at the usual rate of hiro. U.U. IDGfto. ;{. c. 2, sec. 5. LXII. And be it enacted, That when the said Troops iirr Majesty's of Her Majesty, or Militia, or any Regiment, Rat- jJlK'/e billed talion, or Detachment of the same, are on a march ted when on a as aforesaid, the Officer or Non-commissioned Officer ^""'^^^' 28 fv; t I II. C. 49 rjco. 3. c. 2. Hcr. 2. Mode of doing «o. Penally for rofusini; to bil- X2. Mutiny Art for ISif)— •}. All ju^t (io- mands to bo settled before h'avinir billets. Credit not to be gra/ited be- yond the amount of daily pay. The mode of bilieltin;,' Ikr MajestyV. Trooiis, or tile Militia when cantoned ; U. C. 1'.) Geo. ?. c. 'i, sec. o. comTuanding such Troops or Militia, or such Regi- mont, I5att;iHoii or Detachment tliereof, shall presentj to a Justice of the Peace a reriuisition in writing to sucli Jiistit (' to billet, who shall immediately there- upon so billet the said Troops or Militia as to facili-l tate their march, and in such manner as maybe most commodious to the inhal)itaiits ; and that every inhal)itan( liouseholder who shall refuse to receive the said Trf)()])s or Militia, so l)illctted upon them as aforesaid, f)r to furuisli them with the lodging audi articles uiciilioucd in the next preceding section, shall, for every sucli offence, forfeit and pay a sum not excecfhiig forty shillings; And no O/licer shall he ohli,i.';c(l to pay for his lodging where he sliall he regularly hilletted ; but each householder upon whoml such soldiers are hillelLcd, shall receive from Gov- eriunent for each Non-commissioned Officer, Driuri- mer and Private of Iiilaiitry, a daily rate of foiirl ]K'Uce, and for each Cavalry .soldier, whose hor.oc, Ci. and speedy means for the conveyance by water of the said Troops of Her Majesty, or Militia, and also of their amnninition, stores, provisions and baggage, any' 19 Geo. Justice of tlio Peace of and in the District where I such Troops or Militia may be either on a march or h .1 31 I cantonment, upon receiving a Requisition in writing )m the Officer commanding such Troops or Militia, |r such boats orotlier cnif't as may he requisite for Je conveyance of the said Troo])s or Mililia, and jeir ammunition, stores, ])rovisioiis and htiggage, \d\\ and may and he is hereby required to issue his MoJo of doing fairimt to such person or ])ersons as may b(! ])os- '"■ hmi of such boats or other craft, williiu his juris- jcliou, requiring liim or them to furnish the same tlial service, at and after the rate of pnyment to '\'i> )'" i-^''' (or aUowcd by the said Justice, not e?;c('C(li]igt!;e usual r.ueoiinrc. [te of hire for such' boats or oth(4' craft ; and if imy ponAynn kill iK'rson or persons shall ncL^lcct or refuse, after fii^;""-' '" '"«• Icf'iving such Warrant, to turnish his or tlicir boats orcrart. cndl for that service, sucli and every such person persons shall forfeit and pay a sum not excec^ding |e pounds, and such boats or other craft may be im- £5. lesscd and taken for such service. r»- boats liXVI. Provided always, and be it enacted, That J^';"^'"'»~ ^. [any Officer of Militia shall be guilty of partiality fie "r" /f Miii- ! having exempted any person or persons from such *'« exempting o X 4/ X ^ I ^ tiny person |rviee as aforesaid, without being legally authorized from service i to do, or in having commanded others to perform iJ^rSng*^ "* ^h service out of their turn of duty, or shall in any ciau«e, etc. b misuse the power in tlie five next preceding sec- jns vested in him, he shall for such oifence incur a jiialty not exceeding five pounds, to be recovered jE5. jfore any two Justices of the Peace, or may be tried Court Martial and punished in the discretion of Court. IliXVII. And be it enacted. That no person who p< rsons dis- lall have been dismissed from Her Majesty's Army ^llyliy " from the Militia, by sentence of a Cicneral Court ^f7i?'"°ij,, |artial, shall be allowed to hold a Commission in colnnTissbn^a Militia of this Province. u. c'2 Vict. c. 9. sec. GO. iXVIII. And be it enacted, That the penalties im- Penalties Lii !•» i^ji f»i'i ipvicd under pcd by this Act, and tor the recovery oi which thia Act may "l 32 H. 'ii' t' 1 f ' ■t ! ■ t I i 1 , in certain ra. Special provision is Hot hereinbefore made, may scHbcrncov- rgeoverod and enforced before any two or more Juji tices of the Peace nearest to the place wherein tlij offence sh.'dl have been committed or the oftendi shall be found, and on the oath of any credible wi| riess or witnesses, or of the informer or prosecuto to wlioni HO part of the penalty shall in any case long : and all snch penalties, when not otherwise pn vidcd for, may be received hy sucli Justices or one I them, and shall be accounted for and paid over i| puhlic uses, in the same manner as other penalties! ccived by Justices of the Peace.* two or morr .TuBliccs of llic lVu«c for llin DiHtrict wherein of- I'etii'e in roiii- atittcd. 1} LXIX. \nd be it enacted. That all pecnnia peiudtics and forfeitures by tliis Act intlicted, Mode of Icvy- in;f Penalties under this \]'^^'' A< ^ autliorizcd to be imposed, shall be levied and 3.c.;{. Ml. '(';.] covered by distress and sale of the oiTender's goJ ami chattels, by warrant under the hand and sealf the Justice of the Peace or of one of the Justictsl - llie Peace, or under tlie Warrant of the Court, bel'ij ^C whom tlic olfender shtdl have hcen ^convicted ; such Justice or (.\jurt is hereby empowered audi quired to issue such Warrant, and in default of siil ci(;nt distress, to c ommit tlie offender to G aol H like VVn mint for the ])eriod hereinbefore provided! the case ; and every Sheriff, Gaoler or other OfTil to whom any such Warrant shall be addressed slij obey the same according to the tenor thereof ; DiBtnbution, the ovcvplus, if au.y, of the money arising by any siil distress and sale shall be returned, upon demand,] the owner or owners of such goods and chattels, ductint> therefrom the costs and charges of such tress and sale ; and the s;iid penalties and forfeituil shall I)e paid into the hands of the Receiver Gen(?i for the public uses of this Province. Governor may LXX. Aud be it cnactcd and declared, That eea'aildl^mit Govcmor of tliis Proviuce may issuc Her Majest; fj" p' o V pardon for any offence or offences against the pr c.D.Bcc.ci. visions of this Act, and may remit any fines or oth penalties incurred for any such offence or offences to Of jutan Gene cer respt 33 LXXl. And be it enacted, Tliut if llie statunmt in Foi^cwfnr ' |any oatli or aifmnation taken or made in ])iir.sufin('e '."c'*^'"^ r'f- Lr tiiis Act, shall, to the knowh-dge ol' tlie person ■"" ' • iiiaking the same, be false, such ])erson shall l)e gnilly olAvilinl and corrupt ])erjury ; and whenever an ojitK is recjuired by this Act, a solenni ailirmation nuiy bo nuidc instead thereof, if the party of Avhom tlic oath would })e required be one of those entitled by law to I. make affirmation. TiXXlL And be it enacted, That no complaint or limiiiiiinnoi Iproseciition shall be brought against any person or }-[r om'nn'r • persons for any fine or penalty hereirdiefore imposed, "^'"'"*<' •'''« unless the same be commenced within six montlis [next after the offence committed, except in cases of desertion, or harbouring, concealing, aiding or alet- ting Deserters, or buying, taking in exchange or con- |cealing arms or accoutrements delivered to Militia. LXXIII. And be it enacted, That if any action shall ^J£;''"" be brought against any person or persons for any- brought tor i thing done in pursuance of this Act, the same shall |'n^,£f,j|""'^ be commenced within six months next after llie fact oiihisi\(t coirmiitted, and not afterwards : And the Deiir.dant or Defendants in every such action or suit may plead the general issue and give this Act and the special matter in evidence : And if judgment shall be given for the Defendant or Defendants in any such action or suit, or if the Plaintiff or Pkintifi's shall be non- suited or discontinue his or their action or suit, after the Defendant or Defendants shall have a})peared, the Defendant or Defendants shall have trelde costs and have the like remedy for the same as any De- fendant hath in other cases to recover costs by law. LXXIV. And be it enacted. That all Commissions To whom to Officers of Militia shall be transmitted by the Ad- ^h^iirTraL- jutant General, or one of the Deputy Adjutants mi»ed. General of Militia, to the Lieutenant Colonel or Offi- c. 9. ^ec. 40. ' cer commanding any Corps, to be delivered to the y^^- 2 Vi^'^' respective Officers appointed to such Corps. 3 84 I H [leni <» Iratiii- mil BIniik l'\)rinHto ' 'I'.i- ••I'rs of Militia. Iiil«4i'|)r)'t(iliiiii iiriln' \vnKl-i iji lUiH Acl. fiXXV. Aiul !)(' it (Mjuc.tml, 'I'liiit it kIkiH ho tli. (]Mly ot'tho Adjutiinl (Iciu nil lo {aiisc to he prepared i)U(l printed and traiismitled lo the several Oilieersofj Militia, who may, muh'r the provisions of the Aet, have oecasion for tin? same;, propcu* lihmk Fcjrnis for all lletnrns and other proeeedings rciiuircd under this Act. LXXVI. And be it enaeled, Tliat when, ami so often as the words "Governor," or "(Governor of tliis ProviiuM'.,"' are used in this Art, the same shall l)c held lo mean and siu;nify the (Governor, l^ieutenaiit (jIov( rnor or person aciininisterin^ the (lovernment of tliis Provine<*, or any Depnly hy him lawfully ap- pointed to perform the i'nnelion to which the enact- ment may relati; ; and the words "Lower Canada," shall mean all that ])art of this Province formerly eonstilnling the Province of Lower Canada, and the words "Upper Canada" shall mean all that part of I this Province formerly constitntini; the Province oi' Upper Canada; and the vvords "Militiaman," or "Mi- litiamen," shall include Non-commissioned Officers, Drummers ^and Privates of the Militia ; and any duty hereby assiifiied to any Ollicer, may, if there be then no such Ollicer, bo performed l)y the Officer next m ran'< on whom his connnand or duties shall have for the time devolved, unless in either case there be some- thino; in the subject or context inconsistent with such construction ; and whenever power is given to any Officer or person to do any act or perform any duty, jiUsuch ])owers sluiU be understood to be given as shai^bo rerjuisite for the proper doing or performance tliereof ; i:!il generally all words, phrases and provi- sions henmi contained shall receive such fair and li- ])eral construction as shall be best calculated to give full eilect to this Act, according to its true intent, spirit and meaning. % i Oiir.Uioa ot 'his Ail, LXXVIT. And be it enacted, That this Act shall remain and I)e in force for the period of three years, w»iM n yi>W*»>'l|||tw<|^»»»»I H ^.»* i«>»»»i X « I t>i»«»tniii>w» « "I .•tv .ifc'V "^^ ^>*** S? ,i-i ^'■ife'f*^ ^ t "'■* * ^ ♦ * Pet.- klBATS,