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Lorsque le document est trop grand pour Atre reproduit en un seul cliche, II est fllm6 A partir de Tangle sup4rleur gauche, de gauche it droite, et de haut en bes, en prenant le nombre d'imeges nteesssire. Les diagrammes suivants illustrent la mAthode. errata to I pelure, on d n 32X 1 2 3 i 1 :■ t i ^■^#-: - ••••; 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. ■<f U] th in C or 11 se th ur be an th( Ti Ti ler H( 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3 repuaied, Ilev Maj(!sty's Reign, and inlitnled: An Act respecting ^/'e suVsSed!'^ Volunteer 31ilUia Force, is hereby repealed, and the following •section shall bo taken and read in lieu thereof, and as the second section of the said Act, that is to say : — " 2.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 The fourth section of the said Act is hereby repealed ^^^\\f'^' and the following section shall be taken and read in lieu ^'^^'^ ' thereof, and as the fourth section of the said Act, that is to say : " 4.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.