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 - ••••; I 
 
 • 
 
AN ACT 
 
 TO 
 
 A.ME]srD A.ISr A.CT 
 
 RKSPECTIN'O 
 
 THE YOraTEER MILITIA FOECE. 
 
 29-30 Victoria, Cap. 12. 
 
 \'^9l!i 
 
 OTTAWA : 
 
 PRINTED BY MALCOLM CAMERON, 
 Law Printer to the Queen's Most Excellent Majesty. 
 
 186C. 
 
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ANNO VICESIMO-NONO ET TRICESIMO 
 
 VICTORM: REGINiE. 
 
 CAP. XII. 
 
 An Act to amend An Art respecting the Volunteer 
 Militia Force. 
 
 [Assented to \6th August, 1866.] 
 
 HER Majesty, by and with the advice and consent of the PieniTiue. 
 Legislative Connoil and Assembly of Canada, enacts as 
 follows : 
 
 1. The second section of an Act made and passed in the sec. 2, of27'/, 
 Session of Parliament, lield in the twenty-seventh year of «=• 3 repuaied, 
 Ilev Maj(!sty's Reign, and inlitnled: An Act respecting ^/'e suVsSed!'^ 
 Volunteer 31ilUia Force, is hereby repealed, and the following 
 •section shall bo taken and read in lieu thereof, and as the 
 second section of the said Act, that is to say : — 
 
 " 2. The Conunander-in-Chief 
 
 may raise, organize, 
 
 arm. New section. 
 
 uniform and equip a Volunteer jMililia Force 10 serve within 
 the Province for the defence of the same in case of need, and 
 in aid of the civil power, as hereinafter mentioned ; and th» oovenior mny 
 Commander-in-Chief may call out such Volunteer Militia Force fai*i= ""ii call 
 or any part, or any corps thereof, for actual service, whenever °eer Force, &c. 
 it is in his opinion advisable so to do; Provided that Ihe p^^^jg^, j,^ .„ 
 several corps of Volunteers organized and gazetted, prior to corps airpady 
 this Act, shall be and continue as if organized and gazetted "■"ram"^'- 
 under this Act, and shall constitute part of the Volunteer F\)rce 
 before mentioned." 
 
 2. The fourth section of the said Act is hereby repealed ^^^\\f'^' 
 and the following section shall be taken and read in lieu ^'^^'^ ' 
 thereof, and as the fourth section of the said Act, that is to say : 
 
 " 4. The Volunteers may consist of Troops of Cavalry, Newsectiun. 
 Troops of Mounted Infantry, or of Mounted Rifles, Military or what corp 
 Train, Field Batteries of Artillery, Garrison Batteries of Artil- tiie Voiuntetrs 
 lery, Companies of Engineers, Commissariat, Staft' corps, '""^ '^°"*'' " 
 Hospital and Ambulance corps, and Battalions or Companies 
 
I 
 
 ot' Rillcs and ul'lnl'antry, and Naval Companies, to be arnud and 
 L'i|uippt;d according lo tiioir respective services, and to be 
 formed at such places and in such manner as may from time 
 Proviso: ns to to time be ordered by the Commander in Chief; Provided that 
 corpi in citifs. jn Cities, no number of men shall be accepted or gazetted as 
 Volunteer Militia unless formed into a Battalion nnd<'r the pro- 
 visions of the seventh section of this Act." 
 
 SL'ct.Sru- 3. The fifth section of the said Act is hereby repealed and 
 
 penieii. ||,(j following section shall be taken and read in lieu thereof, 
 
 and as the fifth section of the said Ad, that is to say : 
 
 New suction. "5. All Corps of Volunteers shall be formed and may be 
 
 t'\)rminif and disbanded by authority of the Commander in Chief, as may in 
 
 disbanding his opinion best tend to further the purposes of this Act and the 
 
 ^"^P"- public good." 
 
 Paragraph 1 oi 4. Th(! first subsection or paragraph of the sixth section of 
 
 sect. (ire- ^fj^. ^^j^| /^^.l [^ lierebv repealett, and the followins; shall bt; 
 
 taken and read in lieu thereot and as the first subsection or 
 
 New para- 
 graph. 
 
 Strengtii of 
 Volunteer 
 Coinpanie.s 
 respectively, 
 
 paragraj)!! of the sixth section ol' the said Act, that is to say 
 
 " G. Each Troop of Cavalry, Troop of Mounted Inlantry or 
 of Mounted Hilles, Military Titiin, Garrison Battery of Artillery, 
 Company of Engineers, or Rifles, or Infantry, shall consist, 
 according to its respective service, of a Captain, a Lieutenant, 
 a Cornet, a Second Lieutenant or Ensign, three Serjeants, three 
 Corporals, a Truinpet(!r or Bugler, and not exceeding forty- 
 eight Privates, except in eases where the Commander in Chief 
 may specially sanction a gretiter number of Privates not (ex- 
 ceeding seventy-five." 
 
 Sect. 17 repeal- •*. The seventeenth section of the said Act is hereby repealed 
 ed,andnew ^J^^^ ^ijg following section shall be taken and read in lieii 
 
 sect, substi- , p -i 1 ^ 1 . ,.1 • 1 « 
 
 luted. thereot and as the seventeenth section oi the said Act : 
 
 Municipalities 
 may provide 
 arniouries, &c., 
 and may raise 
 and expend 
 money lor pur- 
 poses connect- 
 ed with the 
 support and en- 
 couragement ol' 
 the Volunteer 
 Force. 
 
 1"^: 
 
 " 17. For the safe keeping of any arms, accoutrements or am- 
 munition furnished to any corps, the Corporation of every Muni- 
 cipality within which such corps or any part of such corps 
 may be organized, may, if they think fit, provide at the expense 
 of such Municipality, one or more good, safe and commodious 
 fire proof Armouries, fitted with arm racks and other necessary 
 and proper storage, and for the heating thereof ; and may also 
 build and construct or aid partially in llie erection or construc- 
 tion of any fortified intrenchments or of any drill shed or 
 exercise ground or range for rifie practice, and may purchase 
 and hold any real estate or may appropriate any land or 
 building belonging to or held by such Corporation, for any 
 such purposes ; and may provide moneys for such purposes 
 or any of them, or for or towards compensating, maintain- 
 ing or promoting the etriciency of the corps of volunteers within 
 .such Municipality, or for purchasing or aiding in the purchase 
 
mil anil 
 l1 to be 
 )m time 
 did thai 
 wtleil as 
 the pro- 
 
 led and 
 tlier(!ot', 
 
 may he 
 ^ may in 
 t and th(' 
 
 •ec'ion ol 
 shall be 
 section or 
 
 say : 
 
 liantvy or 
 Arllilery, 
 
 1 consist, 
 ieutenant, 
 ants, three 
 ing Ibrty- 
 ■r in Chiei' 
 )s not ex- 
 
 y repealed 
 d in lieu 
 
 3t : 
 
 Lintsor am- 
 ,'ery Muni- 
 such corps 
 lie expense 
 immodious 
 • necessary 
 :1 may also 
 ir construc- 
 11 shed or 
 (T purchase 
 ly land or 
 n, for any 
 h purposes 
 maintain- 
 ecrs within 
 le purchase 
 
 of arms lor any volunteer corps or for any drill association law- 
 fully formed under the Acts in force in that liehalf, and may 
 grant gratuities or sum or sums of money to any corps on 
 actual service, or to any officer, non-commissioned ollicer or 
 private thereof, on airtiial service, or who may Lc wounded, in- 
 jured, maimeil or incapacitated from following his ordinary 
 calling or iimployment in the ])erformance of military duty 
 as such volunteer, or to the family of any ollici.'r, non-commis- 
 sioned oilieer or private on actual service or who may he 
 killed in the performance of such military iluty as aforesaid, 
 and may for the further encouragement and support of the 
 Volunteer Force, enact by-laws granting such (!xem])tions to 
 enrolled men and horses therein, as to such Municipal Corpo- 
 ration may seem fit and proper ; and the several Municipalities 
 throughout Upper Canada shall have all and every the powers 
 conferred upon them in respect to the raising and levying of 
 all funds reijuired for any of such purposes, wliich are proviiled 
 by the two liundredth and two hundred and twenty-fourth sec- 
 tions of the fifty-fourth chapter of the Consolidated Statutes for 
 Upper Canada ; and the several Municipalities in Lower Canada 
 shall have all the powers conferred on them in respect to raising 
 and levying of all such funds, which are provided by the Lower 
 Canada Consolidated Municipal Act and the Acts amending 
 it, or by the special Act or Acts incorporating and governing 
 the INIunicinality (if any such there be), with regard to the raising 
 of money for any purpose for which such Municipalities are 
 by law empowered to raise the same." 
 
 " 2, A copy of every by-law passed under authority of this 
 section duly certified under the corporate seal of the municipa- 
 lity, shall be forthwith transmitted to the Minister of Militia ; 
 and he may at any time signify his disallowance of the same, if 
 in his opinion any provisions thereof are likely to impair tht; 
 eflSeiency of the Force ; and any by-law so disallowed shall 
 thereupon become null and void • ■" 
 
 " 3. All payments and allowanees whatever, in any way 
 accruing under any such by-law to any Volunteer Officer, non- 
 conimissioaied Officer or private, while on actual service, shall 
 be made in such manner only, and through such channel, as 
 the Commander-in-Chief shall from time to time direct." 
 
 I'owcr to rai.'^c 
 money lor such 
 purposes. 
 
 iJy-laws to be 
 tiubinitteJ to 
 Minister ol' 
 Militia lor ap- 
 proval. 
 
 How payments 
 under By-law 
 shiill be made. 
 
 a. For and notwithstanding any thing in the preceding section By-laws for 
 contained, any by-law or resolution heretofore passed or which such purpose 
 may be hereafter passed by any Municipal Corporation prior to '° ^^ " ' 
 the first day of January next after the passing of this Act, for 
 any of the purposes in the preceding section mentioned, shall 
 be held to be and shall be valid for the purposes thereof, and as 
 respects Upper Canada, whether the same may or may not 
 have been submitted for or received, or may or may not be sub- 
 mitted for or receive the a assent required by the two hundred and 
 twenty-fourth section of the Act in the next preceding section 
 mentioned. 
 
G 
 
 Sect. 2i, 
 ri'|)ealc<l. 
 
 New Scotion. 
 
 Coiiiiiiuiuler in 
 Cliiel' may 
 mako rei;iila- 
 lioiis liir cfitniii 
 piirposi's. 
 
 Courts ol 
 Enquiry. 
 
 Kcijulntions 
 iiiny Ipc iiltiT- 
 retl 
 
 Seel. 27, 
 repealed. 
 
 7. Tlio twenty-second section oH tliu said Act is hereby 
 rcp«'aled, and the following section shall he taken and read in 
 lieu there(tt' and as tho twenty-second section of the said Act, 
 that is to say : — 
 
 " 22. The Commander in Chief may from time to lime make 
 orders or regulations respecting, anything in this Act, done or 
 authorized to Im; done or providetl hy Order or Regulation, and 
 also such Orders or Regulations as may seem lit (not being in- 
 consistent with any of the provisions of this Act,) resj)ccting the 
 appointment and promotion of olficers and the assembling and 
 proceedings of Court.s of Enquiry to incpiire into and report on 
 any matter connected with the government, or discipline, or 
 conduct of a Volunteer Corps or llattalion, or of any (MHcer, Non- 
 commissioned Odieer or private thereof, and for the full execu- 
 tion (if this Act, and the gent.'ral gt)vernment and discipline of 
 the Volunteer Force ; and Ik; may alter or repeal any such Regu- 
 lations, and may call for such Returns as may from lime to 
 time seem re(|uisite." 
 
 S, The twenty-seventh section of the said Act is hereby 
 pealed, and the following section shall be taken and read in 
 2U thereof, and as the twenty-seventh section of the said Act, 
 
 re 
 
 lieu 
 
 that is to say 
 
 New Seulioii. 
 
 Volunteers, 
 cnlled out, lice., 
 to l>e .subject to 
 articles of war, 
 
 n 
 
 Exception. 
 Exception. 
 
 New proviso 
 added. 
 
 Liability of 
 Volunteers 
 to be tried 
 within six 
 months after 
 leaving the 
 corps, Sec 
 
 21. Th(^ volunteer force and every officer or man belonging 
 to it, filiall be subject to the Queen's Regulations and Orders 
 for 1 lie Army, and shall from the time of being called out for 
 actual service, and also during tlit; period of annual drill pres- 
 cribed by this Act or by any Act amending the same or by 
 any Order of the Commander in Chief, under the authority 
 thereof, and also during the continuance of any drill or 
 j)avade of this corps at which he .shall be present, be 
 subject to the Rules and Articles of War and to the Act 
 for punishing mutiny and desertion, and all other laws 
 then applica!)le to Mer Majesty's Troops in this Province, and 
 not inconsistent with this Act ; except that no man shall bo 
 subject to any corporal punishment except death or imprison- 
 ment for any contravention of such laws ; and except 
 also that the Commander in Chief may direct that 
 any provisions of the said laws or regulations shall not 
 apply to the Volunteer Miiilia Force ; Provided always, 
 that any officer, non commissioned officer or man charged 
 with any offence committed whilst a volunteer or whilst 
 on actual service, shall be held liable to be tried, and if 
 convicted to be punished therefor, within six months after 
 ceasing to be a volunteer or after the corps to which he 
 belongs or belonged is relieved from actual service', notwith- 
 standing that he shall have so ceased to be a volunteer or the 
 corps to which he belonged shall have been so relieved from 
 actual service." 
 
s hereby 
 (I Ti'iul in 
 sulci Act, 
 
 me iiifiko 
 t, (Jono (ir 
 tion, and 
 being in- 
 L'cling the 
 1)1 ing iind 
 report on 
 liplino, or 
 icer, Non- 
 ill ('xecn- 
 eiplinc of 
 icli Kegu- 
 n lime 1o 
 
 is hereby 
 
 1(1 read in 
 
 said Act, 
 
 belonging 
 
 nd Orders 
 
 'd out for 
 
 Irill pres- 
 
 me or by 
 
 authority 
 
 drill or 
 
 sent, be 
 
 the Act 
 
 lor laws 
 
 ncc', and 
 
 shall bo 
 
 mprison- 
 
 except 
 
 ect that 
 
 hall not 
 
 always, 
 
 charged 
 
 ir whilst 
 
 :1, and if 
 
 ths after 
 
 vvhich ho 
 
 notwith- 
 
 jer or the 
 
 !ved fr(Mn 
 
 0. The forly-se{!ond st'ction of thn said Act is hereby repealed »frt. 42 
 and the following shall be taken and read in lieu I hereof and "mei'W- 
 as the forty-second section of the said Act, that is to say : — 
 
 " 42. Whenever the Volunteer Militia Force or any part or payofVoiun- 
 Corps thereof shall be called out for actual sc^rvrice, th(! olHcers, '*«"• 
 non-commissioned ollicers and men so called out shall be paid 
 at such rates of daily nay as are paid and allowed to officers, 
 non-commissioned olhcers and men of the relative and corres- 
 ponding grade in Her Majesty's service, or such other rates as 
 may for the time being be fixed by the Governor in Council; 
 Provided, that where the same shall be called out for partial Proviio. 
 intermitted or non-continuous service, they shall be paid for 
 the days only of such service." 
 
 10. No officer shall be entitled to ask or to receive half 
 pay, or pay in respect of his rank when unattached. 
 
 No Imllpuy, 
 dec. 
 
 11. The Commander in Chief may, whenever it is in his „.,„„„,. „<• 
 
 ... ^11 " ,• • • Jtegiinents ol 
 
 opmion advisable SO to do, by reason ol war, invasion or Voluniccr Mi- 
 insurrection, or imminent danger of any of them, raise in Jj^JJIJ,' Jg^f "" °' 
 addition to the Militia or Volunteer Militia Force of the ' 
 Province, Regiments of Volunteer Militia, by voluntary 
 enlistment for General Serviec during such war, invasion or 
 insurrection, or imminent danger of any of them, and for a 
 reasonable time after the termination of any such danger or 
 emergency ; and such Regiments shall be subject to the 
 provisions of this Act and of the Act hereby amended. 
 
 13. The several clauses, enactments, provisions and amend- xiiwActio 
 ments in this Act contained shall be deemed, taken and read form pan oi 
 as if made at the time of the passing of the said Act^^^'°'^" 
 intituled : An Act respecting the Volunteer Militia FarcCy 
 and as respeiitively parts of the said Act. 
 
 O T T A W A : — Printed by Malcolm Cameron, 
 
 Law Printer to tlie Queen's Mo.4 Excellent Majesty.