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Un des symboles suivants apparattra sur la dernlAre Image de cheque microfiche, selon le cas: le symbols — ► signifie "A SUIVRE", le symbols V signifie "FIN". Maps, plates, charts, etc., may be filmed et different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames os required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent Atre filmte A des taux de reduction diff6rents. Lorsque le document est trop grand pour Atre reprodult en un seul clichA, II est filmA A partir de Tangle supArieur gauche, de gauche A droite. et de haut en bas, en prenant le nombre d'images nAcessaire. Les diagrammes suivants illustrent le mAthode. irrata to peiure, n A D 32X 1 2 3 1 2 3 4 5 6 A.]Sr A.CT RESPECTING THE VOLUNTEER MILITIA. ar Tict., Cup. 3. QVEBEC: PRINTED BY GEORGE DESBARATS AND MALCOLM CAMERON. Law Printer to the Queen's Most Excellent Majesty. 1863. iV I fo m ui P ir fo e: C S( r( ai oi L a ti e h tl fi a d V n ANNO VICESIMO-SEPTIMO YICTORIJG REGIN^. CAP. III. All Act respecting the Volunteer Militia Force. [Assented to I5th October j 1863.] HER Majesty, by and with the advice and consent of the Preamble. Legislative Council and Assembly of Canada, enacts as follows : 1 . The Governor shall, by virtue of his Office, be Com- Governor lo b« mander in Chief of the Canadian Volunteer Militia Force. Commander i» Chief. S. The Commander in Chief may raise, organize, arm, He may raise uniform and equip a Volunteer Militia Force to serve within the a Voiunteei- Province for the defence of the same in case of need, and teidm^35^ in aid of the civil power as hereinafter mentioned ; and such «>en. force shall consist of not more than thirty-five thousand men, exclusive of Commissioned Officers; and the Commander in ,., ^^n Chief may call out the Volunteers or any part thereof for actual Volunteers. service, whenever it is in his opinion advisable so to do, by reason of was, invasion or insurrection, or imminent danger of any of them ; Provided that the several Corps of Volunteers Present eorp* organized and gazetted prior to the passing of this Act, shall «;o»''n"eJ- l-^ and continue as if organized and gazetted under this Act, . and shall constitute part of the Volunteer Force before men- tioned. 3. Every Officer shall, on receiving his commission, and Commissioned every Volunteer shall, on his enrolment in the Muster Roll of ""j^*"'* '"'^'^^ his Corps, or in (.'ither case as soon afterwards as may be, take the oath following : " I, A. B., do sincerely promise and swear that I will be The oath, faithful and bear true allegiance to tier Majesty Queen Victoria, and that I will faithfully serve Her Majesty in Canada, for the defence of the same against all Her enemies and opposers whatsoever, according to the conditions of my service;" and the name of the successor of Her Majesty Queen Victoria, for the 1" time t it! Cap. 3. Volunteer Militia. 27 Vict. i Before whom time beinj?, shall be substituted as occasion may require, and to be taken. the oath shall be administered by a Justice of the Peace of the County to which the Corps belongs or by an OlHcer of the Corps who has taken such oath. Of what corps 4. The Volunteers may consist of Troops of Cavalry, IVIili- yoS"t,X!"'''^ tary Train, Field Batlerit^s of Artillery, Garrison Batteries of Artillery, Companies of Engineers, and Battalions or Compa- nies of Hilles and of Infantry, and Naval Companies, to be armed and equipped according to their respective services, and to be formed at sucli placets and in sueli manner as may from time to lime be ordered by the Commander in Chief; Proviso : as Provided that in Cities, no number of men shall be accepted or to cities. giizetled as Volunteer Militia, nnlens and until they are sufli- cieni in number to be formed into a Battalion under the provi- sions of the seventh section of this Act. •V It Power to dis- band Voiuu- tfcrs. S. All Companies or Battalions of Volitnteers shall be formed and may be disbanded by authority of the Commander in Chief, as may in his opinion best tend to further the pur- poses of this Act and the public good. \k Force of Voliir- tecr c'oinpanies respL'ftivt'ly, Cavalry and Infantrj-, icu. G. Each Troop of Cavalry, Military Train, Garrison Battery of Artillery, Company of Engineers, or Rilles, or Infantry, shall consist, according to its respective service, of a Captain, a Lieutenant, a Cornet, Second Lieutenant or Ensign, three Serjeants, three Corporals, a Trumpeter or Bugler, and not exceeding forty-eight Privates, except in cases where the Commander in Chief may specially sanction a greater number of Privates not exceeding seventy-five : Artillery. 2. Each field Battery of Artillery shall consist of a Captain, two first Lieutenants, a Second lieutenant, a Serjeant Major, four Serjeants, four Corporals, four Bombardiers, a Trum- peter, a P^arrier, fifty-nine Gunners and Driven^, including Wheelers, Collarmaker and Shoeing-smith, forly-five horses, exclusive of Officers' horses, and of four spare horses when the Battery is called into actual service. Naval compa- nies. 3. Each Naval Company shall consist of one Captain and such other officers and such number of seamen not exceeding seventy-five, as may be appointed by the Commander in Chief, and may be armed in sucli manner as the Commander in Chief directs, and may be trained and drilled as well to the use of small arms, as in the management of gun-boats and vessels, and the working of great guns on board vessels, and the Captain shall have power to appoint such Warrant and Petty Oflicers as may be authorized by the Commander in Chief. 27 Vict. 1863. Voluntrer Mllilia. Cap. 3. [UiVC, and lace oC the !er of the ally, Mili- atteiies of )r Coinpa- lies, to be I services, cr as may in Chief ; L'eepled or ' are Huffi- the provi- shall be jmmander ?r the pur- >n Battery r Inl'antry, I Captain, sign, three , and not vhere tlie r number I Captain, mt IMajor, a Trum- ineluding e hors:;l to theme>'. h<, '.he Province, How replaced. How distribu- ted. Governor may make special regulations. Proviso. 6 Cap. 3. Volunteer Militia. 27 Vict. Arms to be AirnisheO by the province ; Where to l)e kept wliereno armouries. Allowance for keeping. Arms not to be lemoved except under regula- ttions. 9. The several Corps of Volunteers shall be furnished by the Province with arms and accoutrements, whether the same be the property of the Province or the property of the Imperial Government ; and the same shall be kept in public armouries, wherever there are such ; and where there are no such public armouries, and until the same are provided, the Officer com- manding each Corps shall himself actually keep the arms and accoutrements in a good and suflicient building, provided with suitable arm racks and provision for the care thereof, and shall be personally responsible for such arms and accoutre- ments ; and the Officer commanding any such Corps may, in the discretion of the Commander in Chief, be allowed annually, such sum for the care of such arms and accoutrements as may appear proper for the same ; and no Arm shall, nor shall any Accoutrements be taken or removed from any such public armoury or from the care of such commanding OlTicer, except under such regulations as may be made in respect to the same by any General Order of the Commander in Chief. Ofiicers and men to remain lesponsible for nnilorm and anns; Notwitkstand- kig repeal of &>rnier Acts. 2. Nothing herein shall be construed to relieve the Officers or men of the Volunteers, of any liability in respect to the Uniform or Arms or Accoutrements thereof, delivered to the custody, care or possession of any of them, — or in any other respect,— under the Acts eighteenth Victoria, chapter seventy- seven, and nineteenth and twentieth Victoria, chapter forty- four, and the thirty-fifth chapter of the Consolidated Statutes of Canada and the Act twenty-fifth Victoria, chapter one, — but notwithstanding the repeal of the said Acts or any of them, any proceedings thereto relating may be brought within twelve months after the discovery of any breach of the provisions thereof. 'i '■ Kppairinfrand 10. The said arms and accoutrements sl;all be renewed and seuewingarms, lent in repair at the cost of the Province, whentfver such kc. ' 1 ' • 1 e • • renewal or repair becomes necessary irom wear m service or other cause than tlie fault or neglect of the person charged with the temporary pos.scssion thereof, in which last named case they shall be renewed or repaired ))y and at the cost of such person, or, if nniewed or repaired at the cost of the Province, the cost may be recovered from such person as a debt due by Before whom hjvn to the Crown before any two or more Justices of the im.lu"*'*"" Peace, and the Justices may make such order for payment of such sum as may be found to be due or to have been paid for such renewal or repair, not exceeding ten dollars, with costs, and in case of non payment of the same, together with the costs for the space of ten days after such order has been made, such Justices may issue their warrant of distress for the levying of such sum, together with the costs of conviction and of dio- tress. 11. 27 Vict. 1863. Vo'utiteer ilft't/ia. Cap. 3. lislicd by • the same L* Imperial irmouries, ell public icer corn- arms and Nded with 3reof, and accoutre- >s may, in annually, Its as may shall any ich public er, except > the same he OfFicers ect to the ed to the any other •r sev(?nty- )ter forly- d Statutes one, — but them, any lin twelve provisions 11. No Corps of Volunteers and no non-commissioned Volunteer* to officer or private thereof, sliall at any time appear in uniform *J.'^^un"[^J^ or armed or accoutred, except when on duty or bond fide at on certain oc- parade or drill or at target practice, or at Reviews or on <"»«'0"« ""^'J'* Field-days or inspections, or for receiving distinguished persons or rendering funeral honors to deceased comrades, or when required to act in aid of the civil power under due authority ; nor shall the arms and accoutrements be taken out of this Province. IS. The uniform Clothing, Arms and Accoutrements of the officers, non-commissioned officers and men of Volunteer Corps, and the Horses used by them as such, shall be exempt from seizure in execution and from distress and assessment ; nor shall any of such horses be disposed of by any officer or man without leave of the Officer commanding the Corps : and the clothing except that of Officers, whether issued from the Adjutant General's Office or the clothing of any corps or non- commissioned officer or man thereof, who may have heretofore purchased or by any means acquired the same other than from the Adjutant General's Office, and who have or has heretofore been paid or received any sum of money in lieu of or as com- pensation for clothing, shall be deemed to be the property of the Crown ; and each non-commissioned officer or man who fails to keep in proper order the uniform entrusted to his care, or in his possession, or who may wear the same or any part thereof on any other occasion than when on duty or specially authorized or permitted so to do by his commanding officer, shall incur a penally of five dollars for each otlence, to be recovered as hereinafter mentioned. Exemption ot clothing, armSj horses, ice, from seieure. Uniform to be the property of the Crown if furnished or paid for by tfae province. Penalty for not keeping uni- form ill proper order. ewcd and ever siieh service or irged with med case 1st of such Province, bt due by es of the lynient of n paid for vith co.sts, with the een made, e levying md of dio- 13. Sufficient ammunition for exercise and target practice AmmtinitioB may be supplied to the Volunteers at the expense of the ''J'" i'f'>'='"''^' Province, in such manner as the Commander in Chief may direct; and the Commanded' in Chief may make such regu- Regulations for lations in resj)ect to the annual course of TargiJt practice by (fg"Jf*^' ^^'^^' Corps of Volunteers, and the mode of conducting the same and of registering the results thereof, as may appear to him ex- pedient. 14. The Volunteers shall be drilled and exercised, in such How Voiun- manner and at such times in each year, and for sucl} periods arnietfand ^ and at such places, and either encamped or otherwise, and exercised. under such rules and regulations and subject to such returns or certificates of performance of drill as the Commander in Chief may from time to time order; but nothing herein con- tained shall be construed to prevent any Corps from being assembled or ordered out at any time by the officer command- ing it, for parade or drill or target practice or exercise. 11. IS, 8 Drill grounds, gheda and rongea. Appropriation tor prizes tor proficiuncy. Cap. 3. Volunteer Militia. 27 Vict, Further al- lowance to Volunteer Corps deemed efficient. Commander in chief to esta- blish conditions ol such al- lowance. Proviso ' total amount limited. Ii5. The Commander in Chief may cause to be provided, where expedient, drill grounds, drill sheds and ranges for target practice, to be subject to such inspection and reguhitions for the use thereof, as may by him be deemed necessary. IG. A sum of money, not exceeding two thousand dollars, per annum, may be appropriated to the purchase of prizes or for distribution in various sums to be competed for by corps of volunteers for prolieicncy in drill and discipline or target prac- tice, at such times and places and under such regulations as the Commander in Chief may from time to time order. 2. The Commander in Chief may in each year order to be paid over to the Commanding Officer of each Volun- teer Battalion, whicii may, by the Commander in Chief, upon such proof or evidence as he may think fit, be deemed effi- cient, a sum not less than fifty dollars and not exceed in q; four hundred dollars for tfie general uses and purposes of such. Battalion ; and the Commander in Cliicif may, from time to time, declare what is recjuisile to entitle a Volunteer Battalion to be deemed an elFicient Volunteer Battalion, by any order or regulation defining for that purpose the frequency of the drills to be held by such Battalion, the average attendance of the men thereat, and the course of drill and instruction, and musketry and target practice to be gone through and performed by them, and the degree of proficiency in the drill and instruction to be attained by them ; and also the state and condition required of the clothing, arms, accoutrements and equipment in the possession of, or of the other property of the Corps, and the manner in which the same efficiency shall be certified to the Commander in Chief ; Provided that no greater aggregate sum shall be expended in any one year for the above mentioned purposes than the sum of five thousand dollars. Municipalities may provide fire proot ar- mouries. Power to le\'y money for providing armouries. 17. For the safe keeping of the arms and accoutrements furnished to any Corps, the Corporation of the Municipality, within which the Head Quarters of such corps may be, may if they think fit, j)rovide, at the expense of such Municipality, one or more good, safe and commodious Fire Proof Armouries, fitt(?d with arm racks and other necessary and proper storage, and for the heating thereof ; and for providing moneys for such purpose, orforortovvards compensating, maintainingor promotingthe effi- ciency of the volunteers within such municipality in each year, the several Municipalities throughout Upper Canada shall have all and every the powers confern-d tipon them in respect to the raising and levying the same as are provided by the two hundred and twenty-third and two hundred and twenty-fourth sections 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 by the Lower Canada Consolidated Municipal Act and the Acts amending it, or by the Special Act or Acts incorporating and governing the 27 Vict, provified, for target tions lor I dollars, prizes or { corps of •get prac- iitions us order ta 1 Volun- lief, upoa mtul (jffi- xeeedin^ s of such n time to Battalion my order ey of the tendance struction, )ugh and the drill the state itrements operty of J shall be greater for the 1 dollars. trements Icipality, ay if they ', one or es, fitted , and for purpose, gtheefli- ich year, lall have ct to the hundred ■ctions of r Upper Canada Lower mending overning the 1863. Volunteer Militia. Cap. 3. the Municipality (if any such there be) with regard to the raising oi'monoy for any purpose for which such Municipalities are by law empowered to raise tlie same. 18. The Volunteers shall be liable to be called out in aid Voluntecrsmny of the ordinary Civil Power in case of riot or other enier'ffucy I,'":V!!'(''i'ii'^.';!ii" J . I I II I 1 1 • "^ 111(1 ol llie civil re(|Uiring such services, antl snail, wlien so employed, receive power, am! from the Municipality in v/hich their services are recinired, llie *','," se"Cpai,i following rales of i)ay, that is to say : Olficers, such )v as is mul lo-i^-i-J hy the daily pay in Her Majesty's Service of oilicers corres- 'ai'i,y """'^'" ponding rank, with nn additional sum to each moununl OUicer of two dollars per diiy, and non-commissioned Oliicers and Privates the sum of one dollar each, per day with an ad- ditional sum of one dollar per day for each horse actually and necessarily used or employed on such occasion, anil shall he also provided with j)roper lodging by such Muni- cipality ; — And \\\v said sums, and the value of such lodging, if not I'urnisI.ed by the Municipality, may be recovered from it by \\\v. Oiliciu' Coumianding the Corps, in his own name, and when received or recovered shall be paid over to the Oliicers and men entitled thereto. 19. It shall be the duty of the Officer commanding any How they may Corps of Volunteers to call out the same, or such portion ^ ,"',"*'.'' ','"' , " » . r 1 r 11- T»- ami tlieir duty thereol as is necessary, lor the purpose ol ciuelling any lliot, in such cases. when thereunto required in writing by the Mayor, Warden or other Head of the Municij)alily in which such Riot takes place, or by any two Magistrates therein, and to obey such instructions as may l)e lawfully given him by any Magistrate in regard to the mode of quelling such Riot ; — And every Oliicer, non- commissioned Oilicer and man of such Corps shall, on every such occasion, obey the orders of his Commanding Oliicer ; — And the Oliicers and men when so called out shall, without ToIm; special any further or other appointment, and without taking any oath Constables. of olHce, be special constables and shall act as such so long as they remain so called out. 20. The Officers, non-commissioned Officers and men of Volunteers Corps of Volunteers, shall, while they continue such, be exempt ''•^*'!Pi'^' ''"'"" from serving as Jurors and Constables; — And a certificate ■j'uWj^ or tmder the hand of the Officer commanding any such Corps Cons' nbies on shall be sufficient evidence of the service in his Corps of any *'"'""'-'• officer, non-commissioned officer or man for t lie then current year, and of his exempti«)n as aforesaid; And officers, non- And from tolls commissioned olficers and men of the Volunteers being in 'mertaaioaaes. proper staff, or regimental uniform, dress or undress, and their horses, (but not when passing in any hired or private vehicle, unless when on duty or proceeding to or from the same) shall be exempt from the payment of any duty or toll on passing any turnpike or toll-gate, or any road, wharf or landing place, or bridge in this Province. 91. 10 Cap. 3. Term of en- gagement heieafier. Conditions on •which a Volun- teer may leave his Corps. Volunteer Militia. 27 Vict. 98. TIio term of engagement of a Volunteer shall after the passing of this Act not be less than five years, but any Volun- teer may, except when called out for actual service, quit his Corps or Battalion on complying with the following conditions, namely : (1.) Giving to the Commanding OfTicer of his Corps or Battalion six months' notice in writing, of his inten- tion to quit the Corps or Battalion. (2.) Delivering up in good order, fair wear and tear only excepted, all uniform Clothing, Arms, Accoutrements and appointments, being the property of the Crown or of his Corps, issued to him. (3.) Paying all money due or becoming due by him under the Rules of his Corps or Battalion, either before or at the time or by reason of his quilting it, for any sub- scription or fine or on any other account ; 1 I Commander in chief may make UegiHa- tions for certain purposes. Courts of Enquiry, &c. Rop^iihitions may be altered, Discipline. and thereupon he shall \ie struck out of the Muster Roil of the Corps by tiie Commanding Officer. 92. The Commander in Chief may from time to time make orders or regulations respecting any thing in this Act, done or authorized to be done or provided by Order or Regulation ; and also such Or'lers or Regulations as may seem fit (not being in- consistent with finy of the provisions of this Act,) rospt.'ctingthe appointment tuid promotion of Officers and the assembling and proceedings of Courts of Enquiry to inquire into an'l report on any matter connected with the Government or Distiipline of a Volunteer Corps or Battalion, or any non-roin'uissioned officer or private thereof, and for tiie full execution of this Act,and the general goveiument and discipline of the Volunteer Force, and he may iilteror repeal any such Keguliitions,!ind may call for such Returns as may from time to time seem recjuisite. 93. With respect to the discipline of Ofilcers and Volunteers, the following provisions shall take etleet and be in force while they are not called out for actual service. Strikina off Roll 1. The Commanding Officer of a Volunteer Corps may lordisobedience jjfjcharge from the Corps any Volunteer and strike him ne>riect or out of the Mustt^r Roll, (>illier for disobedience of orders by misconduci. iji,,^ while doing any Militiuy duty with his Corps, or for ne- glect of duty or misconduct by him as a member of the Corps, or for other sufficient cause, the existence and sufficiency of such causes respectively to be judged of by the Coiiiniimding Uniroriii, &c., Officer ; the Volunteer so discharged shall nevertheless bo **''^'^'*''" "P* liable to deliver up in good order, fair wear and tear only excepted, all arms, clothing and uopointments being property of 27 Vict. 1863. Volunteer Mililia. Cap. 3. II 1 after tho iiy Volun- !, quit his onditions, Corps or his inten- tear only utreiiK-'nts own or of lim under ore or at any sub- loll of the irne make t, done or It ion ; and being in- K.'ctingihe ibling and report on iplinc of a Miissionod ion of this Volunteer !,and may requisite. )lanto oers. »rce wliilo orps may liiko him orders by or for no- he Corps, ufficieney iimunding huiess bo tear only [ property of of the Crown, or of Iiis Corps, i:-.;.ued to him, and to pay all Moneys due to money due or becoming dut; by him, under llie Rules of his t^J'T^'oi^^pa'*!' Corps, either before or at the time or by reason of his dis- charge, for any subscription or fine, or on any other account ; and shall in addition thereto be liable to any penalty imposed Penalty, &c. by law for his ollence, but nothing herein shall prevent the Commander in Chief from signifying his pleasure in such manner and giving such directions with respect to any such case of discharge as to the Commander in Cliief may appear just and proper. 2. If any such ofllcer as aforesaid or any Volunteer while Arrest of otten- under arms or on march or duly with the Corns or Battalion to 'i"'' J!'""S * ,.,,,, . '', „ , .' , . certain time, which he belongs or any portion thereot, or wlnie engaged in any Military Exercise or Drill witli such Corps or Battalion, or any portion thereof, or while wearing the clothing or accoutrements of such Corps or Battalion, and going to and returning from any place of exercise or assembly of such Corps or Battalion, disobeys any lawful order of any oflicer under whose command he then is, or is guilty of misconduct, the ollicer then in com- mand of the Corps or Battalion, or any superior ofilcer under whose command the Corps or Battalion then is, may order the oU'endcr, if an Ollicer, into arrest, and if not an Ollicer, into the custody of any Volunteer or Volunteers l)elonging to the Corps or Battalion, but so tliat the oil'ender be not kept in sucli arrest or custody long'jr tlian during the time of the Corps or Regiment or such portion thereof as aforesaid, then remaining unih'r arms or on march or duty or assembled, or continuing engaged in any such Military Plxercise or drill as aforesaid. ^4. Any Cor|)s of Volunteers may make, agree upon and enter Voluntcersmay into, such articit^s, rules and regulations for tlie disci|)line and "u^^VuIeT'&c. good management of the same as they mr.y think proper, to be sanctioned by tin; Ollicer Commanding such Corps and to be by him transmilled for tl-.e ap|)roval of the Commander in Chief; anil any such articles, rules and regulalions, in so far Sitlijeetto as they are not inconsistent with this Act, shall, when so npi"w«iaml 11 1 r 1 /■ 1 11 1 • 1 • 1 ""-'f oi'iiling. approved, but not belore, In; enlorced, and the penalties which iiiiiy be thereby imposed shall, whenever they an." incurred, be iHM'overable in the manner inenlioned in any of the sections of An Act n'tijH'cling the MHitia incorporated with this Act, by the Ollicer designated for that purpose in such rules and regu- lations, to such uses as may be therein directed. an. Tlur several Corps of Volunteers, and the clothing, fiispeition of arms, aeeontreiiients and armouries, shall l.e subject to inspcc- Coi'p!<'''ihWr tion, from time to time, by such Ollicer of ller Majesty's nniiN,cioihing Service as may be appointed for that duty, by the Ollicer Com- oiik'Jrs.'^'"'^' manding Her Majesty's Forces in this Province, with the san(!tion of tho Commander in Chief ; and shall also be subject to inspection, from time to lime, by such Ollicer or Ollicers (not being under the rank of Field Ollicer) of Volunteers as shall bo 12 Cap. 3. Volunteer Militia. 27 Vict. be lemporarlly appointed by the Commander in Chief for ihat jnirposc, and who shall roport fully to the Commander in Cliiof on the state and edlcionoy of each (Jorps, and of its elolhing, arms and accoutrements, and of the armouries, and who shall be reimbursed by the Province, his or their actual travellinti^ exponscs, and paid lor such service at a rate not ex- ceeding four dollars per diem whilst so engaged. 26. The Volunteers when called out, by the Counnander in Volunteers till- dij^jf^ ,l-^;^y jj^ niarchcd to any part of the Province, or to any place without \\w Province l)ut conterminous iherewilh, where the enemy is, and from whicii an attack on this Province is apprehended. 37. Th;' Volunteer Force and everv Ollieer or man belonij- iug to it, si!;ill be subject to the (^iicen's icgul^itions and orders for the army, and shall, from the time of being called out for actual service, be subject to the Ilules and Articles of War and to the Act for punishing mutiny and desertion, and all other laws then applicable to Her iMajesly's Troops in this Province, and not inconsistent wiih this Act; exeejn that no man shall be subject to any corporal punishment except d(!ath or imprison- ment for any contravention of such laws ; and except also that the Cojnmander in Chief may direct that any provisions of the said laws or regulations shall not apply to the Volunteer Militia B^orce. Officers to re- port on tlioir state. Pay. To wlint plaeos Volunteers ei " led out inny inareiiod. Volunteers cal- led out li> lie Niibjeet III nr- tioles of war, ice. Exception. Exception. For what of. ij^. No O/licer, non-commissioned OiRcer or private in the VoliniteerJniay Volunteers, shall be sentenced to death by any Court Martial ♦ be sentenced to except for mutiny, desertion to the eneiTiy, or traitorously deli- *""*■ verlng up to the enemy any garrison, fortress, post or guard, or Sentence traitorous correspondence with the enemy ; — And no sentence of any General Court Martial shall be carried into eft'ect until approved by the Commander in Chief. mimt lie (irst approved. SO. No Officer of Her Majesty's regular Army on full pay fuiumy nouo" f^htil' sit on any Volunteer Court Martial. Hit, ice. Officer of re rular Army on OFFICEKS. Comini»»ion,bv ;|0. All Commissions of Officers in the Volunteer Militia whom MTanied. p^^^.^.^, ^|^,^|j ,^^. ^,,.,,„,^.(i i,y ,i,^, CommancUu- in Chief and during Officers miiHt Iks i)leasure : no person shall be an Ollicer in the Volunteer Force IlerMnj '■ ' • ■ " ' • - ■ • .... subjects. Ili!r]Vinje»ty',s ii„l(ve Volunteer Force shall bo higher in time of peace than Liem. Colonel, Lieutenant-Colonel, but OAk rs at the passing of this Act, Exwpt?o"n. holding the rank of Colont.i he Volunteer Force, shall retain the same. 33. The Commander in Chief may, whenever the Volunteer t-oioneis when Force is called out, and the exigencies of the service «o ^^ailej y'l^f '*''* require, appoint Colonels in the same. 31. All Corps of Volunteers, whenever on duty or parade, who si.an shall be commanded by the Onieer of Volunteers highest in nmk tomiiimid then present on duly and in uniioim, who shall bo responsiMt; iu,iy"!r Xadc ; for the due maintenance of order and discipline among tlii? Corps i"' militia cuileU of Volunteers then present, but if the IMilitia or any part ""'" thereof be called out for actual service, all Corps of Volun- teers and Mililia on duty or parade shall be commanded by the oflicer of Her Majesty's Army or of the Volunteers or Militia highest in rank then present on duty and in uniform ; and ollieers of Volunteers shidl always and in all cases be Volunteer Ofli- reckoned senior to all Ollieers of Militia of the same rank, <•«•';< 'I't'i'i;"' to whatever be tlie dates ot then* respective Commissions; — jjrade. And Colonels appointed by Commission signed by the Oilicer cj,io„eig Commanding Her Majesty's Forces in Canada, shall command Colonels of the Volunteer Force wlien('ver hereafter appointed, (except the Adjutant General of the Militia), whatever be the dates of their respective Commissions. 35. After the passing of this Act, no Officer shall heap- Examinaiionof pointed to or promoted in the Volunteer Force except ))ro- "iiiieis heivnC- visionally, until he shall have satisfactorily passed an exainina- monl'j'ted!'"' "^"^ tion before the Board hereinafter mentioned, and received a certificate thereof. 30. A Commodore may be appointed to command the oipipeisof whole of the Naval Companies of the Province, and to rank as Navniiom- a Lieutenant-CoK)nel of the Canadian Militia ; and Captains P"""-'«- of Naval Companies shall rank as Majors, and First Lieutenants as Captains in the Canadian ISIilitia. 37. The Commander in Chief may, by General Order, from Hoards for exa- time to time, appoint a Board or Boards, to be constituted of niumtion of three or more Ollieers t)f llie Volunteers, of whom cn(i >\v,i\\ be oiiicei"!*" a Field Officer, and to be held at such place as is therein spe- cified, to examine any such OlTicers of the Volunteers as may desire to have investigated their knowledge of and proficiency in drill and military duties generally ; and upon auy such exa- certificnies mination, the said Board or Boards shall report the result nnd record thereof to the Commander in Chief and aliall, after the approval '''*"''^'' thereof by him, deliver to any such Officer as may have satis- factorily passed such examination, a certificate thereof, which said certificate shall be recorded in a book to be kept for that purpose 14 Cap. 3. Volunteer Militia. 27 Vict. purpose in the Office ofllic AdjuUmt General of Militia, and llic certificate thereafter delivered to the officer 80 examined ; and the fact of such examination and certificate shall be notified in General Orders. Stair odicers of 3^. The Commander in Chief shall, whenever he may Volunteers. think requisite or necessary for the efficiency of the Volunteers, have full power to ajipoint Staff Ollicers of the Volunteers ; and any such StnfTOIficers shall have such rank and authority as are held relatively in IJer Majesty's Service, and their duties shall be the same for the Volunteers as prescribed for Her Ma- jesty's Service by the Queen's Regulations and orders for the army. Brigade Majors : duty and pay. Drill and musketry instructors. Pay. Subject to ex- amination. 39. Each of the Brigade Majors lieretofore appointed shall continue to act as such during pleasure in the several llegimen- tal Divisions which formerly composed the Military District for which he was so appointed ; and the Commander in Chief may when necessary from time to time appoint a Brigade Major, for one or more Regimental Divisions, and may from time to time regulate and prescribe his duties; and each Brigade Major shall be paid by the Province at a rate not exceeding six hundred dollars per annum, and his travelling expenses and half a dollar a day in lieu of forage for a Horse. 4A. The CoramanderinChiefmay, from time to time, appoint drill and musketry instructors, from Her Majesty's service or from the Volunteers, to be employed in drilling and instruct- ing the officers, mm-commissioncd officers and men in the several Corps of Volunteers or drill associations ; and each of such drill and musketry instructors, when so employed, shall be paid by the Province at a rate not exceeding one dollar and fifty cents per diem, and the cost of their transport ; but no such drill or musketry instructors shall be appointed from the Vo- lunteers, unless and until he has passed satisfactorily through an examination before the Board hereinbefore referred to and received a certificate thereof. Serjeant Major 41. Each Serjeant-Major of a Volunteer Ficld-liatlery of of Field-Bat- Artillery may, on account of the great responsibility attached to th(! Office, be paid by the Province, at the rate of two hundred dollars per annum. leriea. Pay of volun- teers when failed out for active service. 43. Whenever the Volunteers or any part thereof shall be called out by reason of war, invasion, insurrection or immi- nent danger thereof, the officers, non-conuuissioned officers and men of the Volunteers, so called out for Active Service, shall be paid at such rates of daily pay, and shall receive such allowances in every respect, as are paid and allowed to officers, non-commissioned officers and men of the relative and corresponding rank or grade, in Her Majesty's service. 49. 27 Vict. a, and llic ned ; and i notified he may ilnnteers, luntoors ; authority L'ir duties Her Ma- !rs for the ited sliall llegimen- istrict for Ihief may Ic Major, n time to Brigade xceeding expenses ;, appomt service or instruct- !n in the and each y^ed, shall oliar and t no such the Vo- through ?d to and atteiy of attached e of two shall be |:)r immi- oflicers Service, receive lowed to relative vice. i». 1863. Vohtntcer Militia. Cap. 3. 15 43. Tlie several clauses of An Act respecting the Militia Certain provi- relatino; io " Billeting and Cantoning Troops and Militia when ;';!','.*"'!''?. o ^ o ^ o ^ I JMilitifi Act to on actual service, and furnishing carriages, 1k<. -s, &c., for apply to Vo- their transport and use" — " Ofiencos and Penalties" — and '"""^^''*- " Miscellaneous Provissions" and not inconsistent will, the pro- visions of this Act, shall be incorporai<'d with this Act, and as if actually part hereof. 44. If any person designedly makes away with, sells, Punishment f)a\vns, wronsfullv destroys, wron 1 i I xl &e. pci'ty ot any mdividual orncer or voinnteev, and the ex- clusive right to sue for and recover current subscriptions, arrears of subscriptions, and other money due to the Corps or Battalion, and all lands, property or eflects acquired by the Corps or Battalion shall vest in the Commanding OlKcer of the Corps or Battalion for the time beins?, and his successors in olfice, with power for him and his successors to sue, to make contracts and conveyances, and to do all other lawful things relating thereto ; and any civil or criminal proceeding taken by virtue, ()( the present section by the Commanding Olfieer of a Corps or Battalion, shall not be discontinued or abated by his death, resignation, or removal from ofliee, but may be carried on bv and in the name of his successor in office ; and the property of all efficient Corjis or Battalions, their Butts, and Ranges, and the Horses, Carriages, &e,, actually used for the purposes of such Corps or Batt Jions, and all Armouries, Drill- sheds, Ritle Ranges, &e., however furnished, shall also be exempt from all Municipal and local rates and taxes. 49. The Commander in Chief, with a view to the safety and convenience of the public, and of Volunteers, may make By- laws for the regulation of shooting on grounds purchased, acquired or uned by any Volunleer Corps or Battalion under this Act, and forthe prevention of intrusion thereon during the times of shooting ; any such By-laws may impose a reasonable pecu- niary penally, not exceeding twenty dollars, for any breach thereof, so tliat the By-law be so framed as to admit of part only of the maximum penalty being ordered to be paid, such penalties to be recoverable and applicable as penalties imposed by this Act are recoverable and applicable. Exemption of property Ironi taxation. Commander in Chief may make regula- tions as lo shooting grounds, ice. And impose penalties lor infraetion. (Extract 27 Vict- 1863. Militia. Cap. 2. 17 )perty for lunder in rescribe ; lot he ap- nding on ide to the members of three- lander ii and form ''oliintoor eh Corps liie pro- the ex- iriptions, le Corps (d by the ;er of the essors in to make il things no; taken DlHeer of ated by may be :e ; and Litts, and d for the 3s, Drill- also be fety and lake By- re ha si'd, ider this ! times of lie pecu- b reach t of part id, such imposed (Extract from tlie Militia Act.) BILLETING AND CANTONING TROOPS AND MILITIA WHEN ON ACTUAL SERVICE, AND FURNISHING CARRIAGES, HORSES, &C., FOR THEIR TRANSPORT AND USE. 69. When the Troops of Her Majesty's Service or the what shall b« Militia or any part thereof are on a march within this '""'■nishedbv Province, and billeted as hereinafter mentioned, every house- they^are Wiiet" holder therein shall, when required, furnish them with house- d- room, fire and utensils for cooking, and candles ; — And in impressing cases of emergency, by actual invasion or otherwise, the oarriagcs, &c., OfTicer commanding the Regiment, Battalion or Detachment "" '^'"''''^^''''"^^' of Troops or JMilitia, may direct and empower any Officer j.-.y or non-commissioned Officer of the same, or other person, '• •"■- after having first obtained a warrant for such purpose from a Justice of the Peace, to impress and take such horses, carriages or oxen as the service may require, the nse of which shall be thereafter paid for at the usual rate of hire for such horses, carriages or oxen. 70. When the said Troops of Her Majesty, or the justice of tho Militia or any part thereof, or any Regiment, Battalion, P«nceto biiiet or Detachment of the same, are on a march as aforesaid, the o"cdmtiinnd- officer or non-commissioned Officer commanding them shall '"& ^'^'^^ . require a Justice of the Peace to billet, and such Justice .:;..:..... shall immediately thereupon so billet the said Troops or Militia as to facilitate their march, and in such manner as may be most commodious to the inhabitants ; — And every inhabitant householder shall receive the Troops or Militia so billeted upon him, and furnish them with the lodging and articles mentioned ,. ,'• ,-^" in the next preceding section. ^vrj'vi .V'] (Extract 71. No Officer shall be obliged to pay for his lodging where he is regularly billeted ; but each householder upon whom such soldiers are billeted shall receive from Government for each non-commissioned Olficer, Drummer and Private of Infantry, a daily rate often cents, and for each cavalry soldier, whose horse shall be also provided with stabling and forage, a daily rate of twenty-five cents ; And every Officer or non-com- missioned Oilicer to whom it belongs to receive, or who does actually receive the pay for any officers orsoldiers, shall, every four days, or before they quit their quarters if they do not remain so long as four days, settle the just demands of all householders, victuallers, or other persons upon whom such officers and soldiers are billeted, out of their pay and subsis- tence money, before any part of the said pay or subsistence money shall be distributed to them respectively, provided such demands do not exceed in amount their pay and subsistence money for the time, beyond which credit is not to be granted. 2 79. Lodging of Ullicers not to be paid for. AJldwrtnre for men tllleted. Proper OIBcer to settle ac- counts of Olll- cors and sol- diers out of their pay, &o. I . ..■.•'»■,■•, .:'{ ..1 ..V, : ;;.. ■:■•:.: A 18 Cap. 2. Militia. 27 Vict. Quartering and billeting 'troops, iVc, in cantonments. Complaint of persons ag- grieved, and how redressed. No Justice, being an Olfi- cer to billet or quarter troops. Troops not to be billeted upon Nuns, 72. When the safety of thi.s Province requires that the said Troops of Her Majesty or Militia, or any Regiment, Battalion or Detachment of the same .should be cantoned in any part of this Province, any Justice oft he Peace in the places where such Troops or Militia are cantoned, shall, upon receiving an order from the Ollicer commanding them, or on a requisition from the Officer commanding any such cantonment, quarter and billet the Ollicers, non-commissioned Officers, Drummers and Privates of the said Troops or Militia, upon the several inhabitant householders, as near as may be to the place of cantonment, avoiding as much as possible to incommode the said inhabitants, and taking due care to accommodate the said Trooj)s or Militia, 73. If any inhabitant considers himself aggrieved by having a greater number of the said Troops or ^lilitia billeted upon him than he ought to bear in proportion to his neighbours, then on complaint being made to two or more Justices of the locality where such Troops or Militia aie cantoned, they may relieve such inhabitant, by ordering such and so many of the said Troops or Militia to be removed and quartered upon such other person or ])ersons as they see cause, and such other person or persons .sliall receive such Troops or Militia accordingly. 74. No Justice of the Peace having any Military Office or Commission in the said Troops or Militia, shall directly or indirectly be concerned in the quailcring or billeting of any Officer, non-commissioned Ollicer, or Soldier of the Regiment, Corps or Detachment under the immediate command of such Justice or Justices. 75. No'.liing in this Act contained shall be construed to authorize the ([uartcring or billeting of any Troops or Militia either on a march or in cantonment, in any Convent or Nunnery of any Religious Order of B'eraales, or to oblige any such Religious Order to receive such Troops or Militia, or to furnish them with lodging or house room. Justice may require persons to furnish car- riages, &c,, or troops. May be im- prussed on re- fusal to furnish, Limitation of (ravel. 7G. When any Troops of Her Majcsly or any Militia are so cantoned as aforesaid, any Justice of the Peace where such cantonment is made, upon receiving an order to that eflect from the Officer commanding the said Troops or Militia, or a requi- sition in writing from the Officer commanding that cantonment, for such and so mtmy carriages as may be requisite and neccvsary for the said Troops or Militia,— shall iss^e his Warrant to such ))orson or persons as are possessed of carriages, horses or oxen, within his jvn-isdiction, requiring him or them to furnish t lie same for the service aforesaid, and if any person, after receiving such Warrant, refuses to furnish the same, they may bo impressed and taken for such service ;— Rut no sucli carriage, horse or ox, or any carriage, horse or ox mentioned in the 1863. Militia. Cap. 2. ]9 the previous scislons of this Act, shall be compelled to proceed more than thirty miles, unless in cases where other carriages, horses or oxen cannot immediately be had to replace them ; and such carriages, horses or oxen shall be paid for at the How paid for. usual rate of hire. 77. In cases of emergency, when it is necessary to provide proper and speedy means for tlie conveyance by railway or by water of the Troops of Her Majesty or of the Militia, and also of their ammunition, stores, provisions and baggage, — any Justice of the Peace of and in the locality where such Troops or Militia are either on a march or in cantonment, upon receiving a requi- sition in writing from the Officer commanding such Troops or Militia, for such railway cars and engines, boats or other craft, as are requisite for the conveyance of the said Troops or Militia, and their ammunition, stores, provi- sions and baggage, — shall issue his warrant to such person or persons as are possessed of such railway cars and engines, boats or other craft within his jurisdiction, requiring him or them to furnish the same for that service, at and after the rate of payment to be allowed by the said Justice, not exceeding the usual rate of hire for such railway cars and engines, boats or other craft; — And if any such person neglects or refuses, after re- ceiving such warrant, to furnish such railway cars or engines or boats or other craft for that service, such railway cars or engines, boats or other craft may be impressed and taken for such service ; — But nothing herein shall impair the ertcct of any Act obliging any Railway Company to convey such Troops, Militia, and other articles aforesaid, in any manner or on any terms and conditions therein mentioned, or to release any such Company from any obligation or penalty thereby imposed. In case of emergency boats, Sec, may be requir- ed in like manner. Hate of pay for the same. May be im- pressed on re- tlisal to furnish. As to llailway Companies. OFFENCES AND PENALTIES. 78. Any Officer or non-Commissioned Officer appointed or to be appointed to the Militia, who obtains under false pretences or who retains or keeps in his own possession, with intent to apply to his own use or benefit, any moneys belonging to any non-commissioned officer or private of any Corps, or moneys of any kind for Militia Services, shall be guilty of a misdemeanor, and shall be reduced to the ranks of the Militia. Unlawfully retaining mo- neys belong- ing to militia- men to be a misdemeanor. Oflender redu- ced to the ranks*. ler- 79. Any Sheriff, Warden, Registrar, Assessor, Valuator, sherifls and Clerk of a County Council in Upper Canada, Secretary- £i^";o''J| Treasurer of a County Council in Lower Canada, Clerk of lorm their du the Peace, or Militia Officer designated by the Commander in •''^'^'j"^'^^^ *'"' Chief for making the Militia Rolls, refusing or neglecting to habie to a perform the duties hereinbefore required of him, shall be liable, pona'ty- on conviction, to a penalty not exceeding fifty dollars. 8 ^. 20 Cap. 2. Militia. 27 Vict. False swear- 80. Any person making an Affidavit or Declaration required ii"r^'^ ** P^'"' in and by this Act, and swearing or declaring falsely therein, shall be guilty of perjury. jury, Refusal to 81. Any person refusing or neglecting to make or transmit, make rolls, &c. as herein prescribed, any Militia roll or return, or copy thereof, required by this Act or by any lawful authority, or wilfully making any false statement in any such roll, return, or copy, shall thereby incur a penalty oi one hundred dollars for each offence. Punishment of ^9. Any person of whom information is required by any persons re- Asscsisor or Valuator or Militia Officer making any Militia tioii"ioaiiyTs^" Roll, in order to enable him to comply with llie pro- cessor, &c., visions of this Act, refusing to give such information or unertisnct. giyjj^g false information, shall forfeit and pay a penalty not exceeding twenty dollars for ea(!h item of information demanded of him and falsely stated, and the like sum for each indi- vidual name that may be refu)?ed, concealed or falsely stated, and every person refusing to give his own name and proper information, when applied to as aforesaid, or giving a false name or information, shall forfeit and pay a p^^ialty not exceeding twenty dollars. Or any notice 8S. Any person whomsoever refusing or neglecting to give **'• any notice or information necessary under this Act, shall thereby incur a penalty of twenty dollars for each offence. Neglecting to 84. Any officer, non-commissioned officer or man who or'ni^sMmvin'T neglects or refuses to attend any muster or insj)ection or p;u*ade thereat, &c. " at the place and hour appointed therefor, or who refuses or neglects to obey any lawful order at or concerning the same, shall thereby incur a penalty not exceeding five dollars for each offence. Hindering Mi- litia at drill. Disobeying or- ders, &c. 85. Any person who interrupts or hinders any of the Militia at muster or inspection or parade, or tiespas^ses on the bounds set out by the proper officer for the same, shall thereby incur a penalty not exceeding ten dollars for each offence, and may be taken into custody and detained by any person l)y the order of the Commanding Officer, until such muster or inspection or parade be over for the day. 86. Any officer, non-commissioned officer or man of the Militia disobeying any lawful order of his superior officer, or guilty of any insolent or disorderly behaviour towards such officer, shall thereby incur a penally not exceeding ten dollars for each offence. I Not keeping 87. Any officer, non-commissioned officer or man of the proper o^rder! Militia who fails 1o keep any arms or accoutrements delivered or entrusted to him in proper order, or who appears at muster or 1863. Militia. Cap. 2. 21 or inspection or parade, or on any other occasion, with his arms or accoutrements out of proper order, or unserviceable, ot deficient in any respect, shall i cur a penalty not exceeding five dollars for each such offence. 88. Any officer, non-commissioned officer or man of the Soiling with- Militia, who, without the consent of his Commanding Oilicer, ||o*J''^'JJii^''' sells or disposes of any horse which has been drilled for the nnd^npproved purposes of the Militia, or which he hixs undertaken to '|''f a"y Trocj*, furnish for such purposes, and which has been approved by the Commanding Officer, shall thereby incur a penally not exceeding thirty dollars for each offence. 89. Any person who unlawfully disposes of or removes Uninw/iiiij any clothing, arms, accoutrements or other articles belonging '''•'losing c3 to the Crown, or who refuses to deliver up the same when lawfully required, or has the same in his possession, cxrej)t for lawful cause, (the proof of which shall lie upon hiin) shall thereby incur a penalty of ten dollars for each offence ; — But this sliall not prevent such offender from being indicted Not to preveRi and punished for any greater offence if the facts amount »«iiitnieni. to such, instead of being subjected to the penalty aforesaid ; — And any person charged with any act subjecting him to the Arrest off (- penally imposed by this section may be arrested by order of 'eniiti- fit'""-'' the Magistrate befc>re whom the complaint is made, upon pjovlnce. affidavit shewing that there is reason to believe that such person is about to leave the Province, carrying any such clothing, arms, accoutrements or articles with him. 90. Any Officer, non-commissioned officer or private of Miiiim re- Militia who, refuses or neglects to obey any lawful order of his 'using to twra rr- •i^lll^l 1 • out in aid ot superior officer or of any magistrate, siiall thereby incur a civil power, penally of twenty dollars for each offence. 91. Any inhabitant householder who refuses or neglects to Refusinfrto receive any Troops or Militia billeted upon him or to furnish receive Miiiua them with the lodging and articles which he is by this Act required to furnish, shall thereby incur a penalty not exceeding ten dollars for each ofl'ence. 93. Any person lawfully required under this Act to fur- Rtriisin-so nish any carriage, horse or ox, for the conveyance or use of anv '"'""'**' *-^~ Troops or Militia, who neglects or refuses to fiu-nish the same, ^^^lHM^lawiullv shall thereby incur a penalty not exceeding ten dollavs for each n''ir':J. such olfence. 9J8. Any person lawfully required under this Act to Ornnycsr, furnish any railway car or engine, boat or other enifl, for tlie «nsinL>i»ftj conveyance or use of any Troops or Militia, who neglecjts or refuses to furnish the same, shall thereby incur a penally not exceeding four hundred dollars for each such offence. 94. 22 Cap. 2. Militia. 27 Vict. Contravening 94. Any porson wlio, wliile the Militia is not called out ifo'ofhe'rpc-"'^* ^'°'^^''**^"^ service, wilfully contravenes any enactment of this naity is pro- Act or any regulation or order lawfully made or given under vided. jj^ wlieii no other jienalty is imposed for such contra- vention, sliixU thereby incur a penalty not exceeding ten dollars for each ofl'ence, but this shall not prevent his being indicted and punished for any greater oHcnce if the facts No Courts amount to sucli ; and in sucli cases courts martial shall not martial in such . i , i cases. be held. Penalties under tins act how recove- rable. Witnesses. Imprisonment in case ot' non- payment. 9S. All penalties incurred under this Act shall be recoverable, with costs, on the evidence of one credible witness, on complaint or information before one Justice of the Peace if the amount do not exceed ten dollars and before two Justices of the Peace if the amount exceeds that sum ; — And any oflicer, non-commissioned officer or private of the Militia shall be a competent witness in any such case. 90. And in case ofnonpaymentof the penalty immediately after conviclion, it shall l-o lawful for the convicting Justice or Justices to commit tht; person so convicted and making default in payment of such penalty and costs to the common Gaol of the judicial district, territorial division or locality in and for which the said Justice or Justices is or are then acting, or to some house of correction or lock-up house situate therein, for a period of not less than ten days when the penalty does not exceed twenty dollars, and for ;i period of not less than twenty days nor more than thirty days when it exceeds the last mentioned sum. Onwhosecom- 97. No prosecution against an Officer of Provincial Militia piamt penalties f^j, ^j,y penalty under this Act shall be brought except on the maybesuedfor. ,•' .' c n . i- t% » t ° ^ i » i complaint ol the Adjutant or Deputy Adjutant General ; — And no such prosecution against any non-commissioneed officer or private of the Militia, shall be brought except on the complaint of the Commanding Officer or Adjutant of the Corps to which such non-commissioned officer or private belongs ; — But the Adjutant or Deputy Adjutant General may authorize any officer of Militia to make such complaint in his name, and the authority of any such officer alleging himself to have been so authorized to make any complaint, shall not be controverted or called in question except by the Adjutant or Deputy Adjutant General. Evidence of authority to sue. Limitation of time for such prosecutions. 98. No such prosecution shall be commenced after the expiration of six months from the commission of the ofTence charged, unless it be for unlawfully buying, selling or having in possession clothing, arms or accoutrements delivered to the Militia ; and no prosecution against any person named in the seventy-ninth section of this Act or against any Municipal Officer for any penalty under this Act, shall be brought except upon an order to that effect by or from the Minister of Militia. ^ 99. 18G3. Militia. Cap. 2. 90. The penalty when recovered shall forihwith be trans- Application of mitted to the Adjutant General, who :^linll account for and iH-'naltiee. pay it over to the Receiver General as part of the Consolidated Revenue Fund. MISCELLANEOUS PROVISIONS. 100. It shall not be necessary that , ly order or notice OnU-rs nnd under this Act be in writing, unless it is herein required, that ""''f*^'. "**''' writ- it sliall be so, provided it be communicated to the person who insr, ii jrivon in is to obey or be bound by it in person, either directly l)y the i'«"'»""' officer or person making or giving it, or by some other by his order. 101. All General Orders of Militia, or other Militia Orders General Orders issued through or by the Adjutant General, shall be held to be ''"^ notified, sufficiently notified to all persons whom they may concern, by their insertion in the Canada Gazelle, — And a copy of the said Evidence. Gazette jiurporting to contain them shall be jmmd facie evi- dence of such orders. 103, All Orders made by the Officer Commanding a Uofrimentni or Corps shall be held to be sufficiently notified to all persons ^"""jio" Or- , ' ., 1 ..1 • • ,• • ders, how no- whom It may concern, by their insertion iii some newspaper tided. pujalished in the locality, or, if there be none, then by posting a copy thereof on the door of the church or of some court- house, mill, or other most public place, in the Regimental Division. 1 03. The production of a commission or appointment, war- Evidence of rant or order in writing, purporting to be granted or made t't>'i>"ni'*sions, according to the provisions of this Act, shall be prinid facie ' evidence of such commission or appointment, warrant or order, without proving the signature or seal thereto, or the authority of the person granting or making such commission, appoint- ment, warrant or order. 104. Every bond to the Crown entered into by any person iionds entered under the authority of this Act, or accordina; to any General ">to. >npu>;-. o i/ sunnco oi tills Order or Regulations made under it, or for the purpose of Act, to bo securing the payment of any sum of money, or the performance valid. of any duty or act hereby required or authorized, before any Judge or Justice of the Peace, or officer therein authorized to take the same, shall be valid and may be estreated or enforced accordingly. 1 03. Every sum of money wiiich any person or corporation Sums of mo- is under this Act liable to pay or repay to the Crown, or }'|J|y|;"own"^'° which is equivalent to the damages done to any arms or other under this Act, property of tl>e Crown used for purposes of the Militia, •'Pj^ recover- shall be a debt due to the Crown, and may be recovered in any manner in which such debts may be recovered. 100. ^4 Cap. 2. Militia. 27 Vict. Pkxrtection of 106. Every action and prosecution against any Officer or Oflkjer8,&c.,in person, for any thing done in pursuance of this Act, shall be SSjlcT.** **' laid and tried in Lower Canada in the district, and in Upper Canada in the county, where the act complained of was done, and shall not be commenced after the end of six months from the doing of such act, nor until one month's no i^e in writing of the action and of the cause thereof has been given to the defendant ; — And in any such action (he defendant may plead the general issue and give this Act and the special matter in evidence at the trial ; — And no plaintiff shall recover in any such action if a tender of siiiiicient amends was made before the action was brought, or if a sufticient sum of money has been paid into Court by the defendant after the action was brought. IifpHxintiirbe «oa-suit, Arc. JPayment of saooeys under iMa Act. Smviso. Accwmfing to SPseUenieDt. Repeal of for- r Acts. £xc«plion. 107. If a verdict passes for the defendant in any action referred to in the next preceding section, or the plaintifl: becomes non-suit or discontinues the action after issue joined, or if on demurrer or otherwise judgment is given against the plaintiff,— the defendant shall recover his full costs as between attorney and client, and shall have the same remedy therefor as any defendant hath in other cases ; — And though a verdict is given for the plaintiff, he ?hall not have costs against the defendant, unless the Judge before whom the trial has been had certifies his approbation of the action and the verdict therein. lOS. All sums of money required to defray any expense authorized by this Act, may be paid out of the Consolidated Revenue Fund of this Province, upon warrant directed by the Governor to the Receiver General ; and such warrants may be made in favour of the Adjutant-General of the Militia, to enable him to pay such expense, or in favour of the |)arty directly entitled to the money ; But no sum of money shall be so paid out of the Consolidated Revenue Fund until first approved of by resolution of the Legislative Assembly in the annual estimates. 100. A detailed account of all moneys advanced or expended under this Act shall be laid before each Urancli of the Prjv'incial Parliament within fifteen days after the opening of the then next session thereof. 110. The thirty-fifth chapter of the Consolidated Statutes of Canada and the Act twenty-fifth Victoria, chapter one, are hereby repealed ; — Except that all offences heretofoie committed against the said Consolidated Statute, may be prosecuted and punished under the same, which shall remain in force as to such offences. Quebec : — Printed by G. Desbarats & M. Cameron, Law Priater to the Queen's Moat EzoeDeut Majesty. 27 Vict. )fficer or shall be 1 Upper as done, illis froni i^e in en given lant may special 1 recover as made f money lion was ly action plaintiff joined, or ainst the between therefor a verdict filnst the been had herein. expense isolidated •ected by •ants may Vlilitia, to the parly )ney shall imlil first bly in the expended •h of the pening of 1 Statutes r one, are iommitted cuted and force as MERON