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An ACTio exUnidihe Pifvvisions 0/ MnAS ptjid inthe/arty-eighihytare/hitMajefiftrei^^
iviiiuUdi **AnA3 to Eiplain^ Amend and Reduce to one AG oj Parliament th^ /ever»t
Latifi now inbemg/or the Raiting and Training tie Militia o/thii Province."
[Pafled 6th March, 181a.]
TX7HEREAS an Ad pafled in the forty«eighth year of his present Majedy's reign, in*
V ? tiiuled, ** An A6t to explain, amend and reduce to one AQ. of Parliament the feve«
ral Laws now in being, for the raising and training the Militia of this Province," is found
insufficient for the purposes thereby intended ; Be it therefore enafled by the King's Moft
Excellent Majelty, by and with the advice and consent of the Legiflative Council and As«-
sembly of the Pfo'Mnce of Upper Canada, conitituted and alfembled by virtue of and un<
der the authority of an A£i pafTed in the Parliament of Great Britain, intituled, « An Ad
to repeal certain parts of an A A pafTed in the fourteenth year of his Majefly's Reign, inii.
tuled, " An Atl for making more eifecfual provifion for the government of the Province
of Quebec, in North America, and to make further provifion for the government of the
said Province," and by the authority of the same, That there fhall be to every Battalion of
Militia now or hereafter to be formed in this Province, (the Arength of which will admit
thereof) two flank Companies, to consid of not more than one hundred men each, nor in
any case to compose more than one third of the (trength of such Battalion, and also all-
Independent Companies belonging to any County, Riding or Place, fhall provide their
quota, to compose one or more flank Company or Companies, but in no case to exceed
one third of such Independent Company or Companies, to be sele6iedand formed from a-
mong such Militia men, as (hall a: any meeting or meetings of any such Battalion or Inde-
pendent Companies, volunteer for that purpofe. And if it (hould fo happen that a suffi-
cient number of pcrlons Ihall not at any such meeting or meetings, volunteer for the pur-
pose aforesaid, then and in such cafe the deficiency flrall be made up by ballot from the Mi-
litia men of such Battalion^ or Independent Company or Companies, who fhall be under
the age -of forty years.
II. Provided always neverthelefsf That when it fhall happen that two or more persons
flvall be called upon fcrvice from one family« thai one of them fhall be excused for that
timie, uolefsit fhall appear to the Oificer Commanding such Company of Militia, that there'
is Another perfon living in the fame house, capable of taking care of the said family, who
is not then called into actual fsrvice; and also that when a widow or aged person, fhall at
the timcof maScing the faid ballot, depend ior her, or his maintenance on a Son, Grandfon
or. Apprentice, such Son, Grandson, or Apprentice^ fhall be excused from fervice^ while
supporting such widow 01 aged perfon.
HI. And'te it further enacted by the authority aforaaid^ That when any such flank Com-
pany ihall be formed, it (hall and may be lawful for the Captain or Officer Commanding
the lame, to call out such Company, and he is hen by required fo to do, six days in each
Month, for the purpofe of being trained and exercised, as may be directed by the Govern*
or, Lieutenant Governor, or Perfon adminiftering the Government, and fuch Company .
(hall continue iis training not exceeding the faid fix days in every month, until it is found
that the men composing the fame, are duly inRructed in their exercise. Provided always^
that the OIHcer Commanding such Company, fhall always after the faid Company fhall be
pronounced duly inltructed, have it in his power to call out fuch Company one day in each
mpnth to be ext^rcifed and reviewed, and oftener if he (hall be fo directed by the Govern-
or, Lieutenant Governor, or perfon adminillering the Government. Provided alsOf that
fuch flank Company or Companies being called out for the purpofe of training, it (hall
not be lawful for any Field OfHcer, except fuch as may be fpccialiy appointed for thiit
purpofe, by the Governor, Lieutenant Governor, or Perfon adminiflering the Government,
to. command, or other wife interfere in the said training or exercising.
IV. And be it further enacted' by the authority aforesatdf That it fhall and may be lawful
to. and, for the Governor, Lieutenant Governor, or Perfon adminiflering the Government^
from time to time, as occafion may require, to appoint fuch and fo many Staff Officers to
the Militia of this Province, as he may think neceffary, and also from time to time to re-
move any Militia Officer, now ur hereafter to be appointed, and appoint an9thef in hit
stead.
V. And be it further enacted by the authority aforefaid, That it (hall and may be lawful*
to and lor the Governor, Lieutenant Governor, or Perfon adminiflering the Government,
as often as occafion (liall require, to order any and every of the faid Companies, to maicb
mv partof this Pruviucc* upoasnv fuch. duty as he !h.a!! think neceffary.
VI.
VI. ^nd be it further enacted by the authority afore/Mid^ That it flia!! and may be lawful
for the Captain, or other Officer commanding any Company of Militia, if he fliall think
ncccffary, to divide his Company into fquads of such number as to him (hall fcem proper
and the convenience of the men of fuch Company Jhall require, and that the Captain, or
other Officer Commanding any fuch Company,as aforefaid, (hall always appoint fome fit
and proper perfon to exercise and instruct in Military difcipline, the men to be affcmbled
at each of the faid fquad meetings, and that if any non Commiffioned Officer or Private fliall
refufe to obey the lawful orders of his fuperior Officer when employed on Militia duty
or ftiall quarrel with, or insult by abusive words, or otherwise, any Officer, or Non-Com'
miflioned Officer, being in the execution of his du( v, or otherwife milbehave himfelf whillt
on duty as aforesaid, it ffiall and may be lawful to'and for ihe Commanding Officer then
and there present, lo order every fuch offender or'offenders to be taken into cultody, and
forthwith tried by a Court Martial, to be compoled of ihree or more Officers of the faid
Militia, who, upon proof of the offence bv the Oath of one or more credible witnefs or
witnefses, (which Oath the President of the (aid Court Martial is hereby authorized to ad-
miniUer) fhail and may order and (entence every fuch offender to pay a fine, not exceeding
five pounds, nor lefs than five fliiliings, at the discretion of the Couri, and according to the
nature of the offence, and in default of payment, commit fuch offender to the common
Gaol oftheDi(lria,for aterm not exceeding one month, nor lefs than three days, or un-
til the amount of such fine fhall be paid, any law to the contrary in any wife notwithffand-
ing.
»>i^"i ^^x^^' «V/«r//ier enacted by the authority aforefaid. That in all trials by anv Court
Martial, other than General Courts Martial, the perfon appointed to be President thereof
Ihalladminifter to each of the other Members, the following Oath : You A B do fwtar
that y ou will admimjler J'.tlHce to the beji of your under jlandmg in thematfr now before you
according to the Mihtta Laws of this Province, and the evidence which fhall be produced be-
fore you, without partiality, favour or afeaion.—So help you God. And as soon as the faid
Oath Inall have been adminillered by the President to the other Members, any one of the
laid Members fliall adminifter the faid Oath to the President.
VIII. And be it further enacted by the authority aforefaid. That whenever "■ (hall so hao
pen thai there fhall not be a sufficient number of Officers present to ccmpofe a Court as'
atoresaid, it ffiall and may be lawful to and for the Commanding Officer to detain fuch
offender in cuftody, until a Court can be aflembled, for the trial of such offender • Pro
vided such Court can "le obtained within twelve hours from the time of such confinement'
and m cafe a Court as herein before direded, cannot be affembled within twelve hours'
such offender ffiall be releafed fiom fuch confinement, and tried under the provisions of
the Aa of the forty.eighthof the King, intituled, «• An Atl to explain, amend and reduce
Vi?"'' 7? P3^''a'"ent,ilie several Laws now in being, fonhe raising and training the
Militia of this Province." *
IX. And be it further enabled by the authority aforesaid, That if any person or perfons
Ihall presume to diQurb, interrupt, or molelt, any party of Militia, whilll on duty it ffiall
and may be lawful to and for the Commanding Officer of such party, to order any such
perfon or perfons to be carried before any one of his Majefty's Juftices of the Peace who
fliall be next to the place where the offence may be commitied, who upon proof of the
offence by the oath of one or more witnefs or witnefses. ffiall and may order and adiudae
every such offender to pay a fine not exceeding five pounds, nor lefs than ten ffiillincs
and in default of payment, to commit him to the common Gaol of the Ditlria, for a term
rot exceeding one month, nor lefs than ten days, unlcfs the fine is sooner by him pai •
X. And be It further enacted by the authority aforefaid, '1 hat it ffiall and may be lawful
to and for the Governor, Lieutenant Governor or Person adminidering the Government
[rom time to time, and as often as occafion fhall require, to make fuch regulations as he
ffiall think tieceflary. for the care and cudody of any Arms and Accoutrements provided
arid fiipplied in order to the inlfrudion of the Militia men to be trained and exercised •
and al'o Irom time to time as occafion may require, by any order or orders to be made
andiffued for that purpole, to declare and ellabliffi thedrels and uniform, to be worn bv
any and every part of the Militia of this Province. Provided always, that nothing herein
contained, ffiall be conilruedto oblige any Militia man to provide any uniform a. h" own .
X\. And belt furthntnacled by the authority aforesaid, That so much of the said Aft
palled 'Mhe or.y.eigh.h )carof.hc K.ng,.ntiu.lcd," An Afc. to explain, an.en.iand reduce
ro o,:r Art of ParliamenMii. r-cvtrul^Lawa now in luin;., i,,r the raising and iri»Miing ihc
Miiiiia
f 3 ] ■
Militia of this Province," as dircas that no Company of Militia (hall confift of more than
fifty men, fhall be and the fame is hereby repealed, and that every Company fhall and may
confift of a number not exceeding one hundred men.
XII. And whereas it may be convenient to form one or more Company or Companies
of Riflemen in this Province, Be it enaSed by the authority aforesaid. That it fliall and may
be lawful lor the Governor, Lieutenant Governor, or Perfon adminiftering the Govern-
ment of this Province, to form and embody such Company or Companies, and employ the
same on such duties as the necefTity of the fervice may require.
XUl. And be it further enaSedby the authority aforesaid, That every Officer of the Mi-
litia of this Province, (hall on or before the fourth day of June next ; and every Officer
who may afier thai day be appointed, within eight daysafter he fhall have received his
Commilfion, before one or more of his Majefty's Juftices of the Peace, for the Diftrid to
which ;iis Regiment, Battalion or Company fhall belong, take and subscribe the following
Oath, to wit : / A. B. do sincerely promi/e and /wear, that I will be faithful and bear true
allegiance to his Majefly, King George the Third, as iawful Sovereign of the United Kingdom
of G* eat Britain and Ireland, and of this Province, as dependant thereon, and that I will de-
fend him to the utmojl of my power agam^ all traitorous conspiracies and attempts whatfoever,
which Jhall be made agasnfl his Perfon, Crown and Dignity, and particularly his Dominions in
North America, and that I will do my utmofi endeavour to disclofe and make known to his Ma-
jefly, his heirs or fucceffors, all treafons and trailoroui confptracies and attempts, which t
fhall know to be againfl him, or any of them, and to all this I dofwear without any equivoca-
tion, mental evafion, or fecrel refervatton, and renouncing jll pardons and difpensations from
any perfon or power whatfoever^to the contrary. So help me God,
XIV. Andbeit further enacted by the authority aforesaid. That it fhall and may be law-
ful to and for the Governor, Lieutenant Governor, or Perfon adminiftering the Govern-
ment, to order and dired that the Non-CommiHioned Officers and Privates, of any and
every Regiment, Battalion. Company or body of Militia in this Province, (hall be called
upon to take and fubscribe the ("aid Oath of Allegiance, and that upon receiving any orders
for that purpofe, it ftiall and may be lawful, to and for the Commanding Officer of such
Regiment, I^u!alion or Company, and he is hereby required to call upon every NonCoin-
mi(fioned Officer or Private of his Regiment, Battalion or Company, to take and fubscribe
the faid Oath, before one or more of his Majelty's Juilices of the Peace for the Diftridlto
which such Regiment, Battalion, or Company Ihali belong, which Oath ffiall be adminis- '
tcred free of expence, and that every jufticeof the Peace adminiftering such Oath, (hall
forward a Certificate thereof, to the Clerk of the Peace of the i)iftri6t to be enrolled,
which such Clerk of the Peace is hereby required to do free of expence ; and if any Offi- ,
cer, Non Commiffioned Officer, or Private, (having been required so to do) (hall refuse
or neglect to take and subscribe the faid Oath, in manner hereby diredeu, upon convidiori
before any General Quarter Seffions of the Peace, or in time of adual Invafion or Infur-
reftion, before any Court Martial, every fuch perfon or perfons (hall be deemed and ta-
ken to be an alien, and shall be liable and fubjed to any law or laws now in force, or here-
after to be made, respecting or againft aliens.
XV. And be it further enacted by the authority aforefaid. That so much of the said Ad as
diredsthat any Body or Detachment of Militia, which may be called out by the Govern-
or, Lieutenant Governor, or Person adminiftering the Government, ffiall and may be de-
tained on such service, for and during the space of iix months at one time, and no longer,
fliall be and the same is hereby repealed.
XVI. And be it further enacted by the authority aforesaid. That at the expiration of fix
months, from the time of any such Detachment being called out as aforesaid^ one third of
the men of such Detachment ffiall be seleded by ballot, and if relieved by an equal num-
ber of men, fhall be discharged, and at the expiration of feven months from the time of
calling out such Detachment, another third fhall be selected, and if relieved, discharged in
like manner, and at the expiration of eight months, the remaining third, if relieved, fhall
be discharged.
XVII. And he it further ertaSled by the authority a/ore said, That it ffiall and may be law-
ful ID and for any Colonel or other Officer Commanding any Regiment, Battalion, or
Company, and he is hereby required to call out his Regiment, Battalion, or Company,
whenever he fhall be direded fo to do, for the piirpole of being Inspected or Reviewed,
by any Infpc6lJng Field Officer of Militia, or other Field Olhcers of the line, who may' be
sent for >hatpurp')fe; and that Lieutenant Colonels in his Majefty's Army, ferving with
any part of the M li'ia in this Province, fhall command all Militia Officers whatever, any
thing in the (aid in i>ari recited Ad to the contrary not Mihftanding.
[ 4. y
XVIII ^nd U It furthtr Enaatd by the authority aforesaid, That every MiJitIa mafi-
XVIlI.^na ce "i""^' . -^ volamecr Corps, now or hereafter to be ratfed.,
vliofe fervices may be ""'^P^'^f °J'"A7..- °'^"i" „der \h s or the before mentioned AEl,.,
m\ be exempted from serving as a Milh.a "J*" ""J" 'Jj , ^at every perfon ferving
vhilll he (hall belong to any ^-^^^^^P /^ ty ^fio ' A^^^^^^ any'tt'vil Procefs. o?
in any flank Company, (hall not be '^'O «'%*"> P^' p j^j, officer, or Statute labour on
Widow Ihall be entWed ,o rec«ve durmg her »J''"»''"'^'„7jc child or children of .uch
^^"iiJSffiSLloLe ' VHva^e MS'r.„'::,n ?.» '^uUge,. >he;eof, ihali have
and also, tha. every N°»-''r'"'"'™°l°fL7caroaltv which may occur while ol, or pir.
fflent wi,h an enemy, or by '"J •"'''™' °"3 jSbUd, so as .o be rendered m.
;S^"^=iro?rPr?v?rc:,"\?dtrh":'M,hU.hnesa,etbedirpo,edo,,bea„d,be
Decen,ber tn every year, , prat .«b e be r ^^^^ ^^ ^y^^^ p,ov.nce„to be d.spofed of as
lively receiving the lame, to tne kccu c . : Hejjnj, the Government, fliall di
the dovernor Licuienant Cover -P^ „^^„ ^^ ^^^J.^„^^d for
;:rcCCb:^u^^^^^^^^^^^^
^'^X l7 t'clS"/x..;s, That this present Aft shall continue and be - /-« untiV the
firftdal of January l.rU^^^ from the'nce to the end ol the then next enfu.ng SefTion of
the Legillaiutc of this Province, and no longer.