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AN ACT to amend, and reduce into one Act, the Militia Laws of this Province. Whereas the several laws now in force for embo- (lyinor, organizing and training the Militia of this Province arc, in many instances, defective and inefficient: Be it therefore enacted, by the diieen's most Excellent Majesty, Ijy and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in ParHament of Great Britain, en- titled, '* An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty reign, entitled, * An Act for making more etlbctual provi- sion for the Government of the Province of Quebec in North America, and to make further provision lor the Government of the saiurc. Offlcorii cotn- iiiniiiliii); R(>gl> iii(!iit>i, nmy iihxi'inMc tlirtn two (layH ill on<'h yniir, or oApiicr, if rtMiuirr.d liy Liuut. (iuvoriiur. Offlcora com- mHiiilinir Uut. Oovcriiuj: uitifurnu OfllcoM within oiiB your iiiii; t priiviil>- iiiiiri> IU|ll>rM>llL'll. Lieut, novornor limy iippuiiit RpiriiiiL'iits or Uuttuliuns nl' l>riii;uoiiA, Artil- liTV or liight lufijiitry. Such Rcpimonts to be sutijeit to orders, as other Keiriinciit.n of Militia Law — 1st Victoria. 1:2. And be it further enacted htj the authorltij aforesaid, Tluit, it shall and may be lawful for the Licutonant (joveriior, from time to time, to pre- scribe the uniform to be worn by the Militia of the Province, when on duty or assembled for drill or inspection. 10. u I /id 1)0 it further enacted bf/ the authority/ aforesaid, That any OfKcer of Militia who shall not, within one year from the time the Lieutenant Governor shall prescribe the uniform for the re- spective Regiments or Battalions, provide himself with such uniform, including a sword, and who sluill appear at any muster or inspection of the Regiment or Battalion to which he belongs, with- out being dressed in such uniform and sword, shall be and he is hereby declared superseded. 14. A?id be it further enacted by the authority aforesaid, That it shall and may be lawful for the Lieutenant Governor, in his discretion, to consti- tute Regiments or Battalions of Dragoons, Artil- lery or Light Infantry, separate and distinct from other Regiments or Battalions in the several Dis- tricts of this Province, to be selected from the dif- ferent Regiments or Battalions therein, as the Lieutenant Governor may direct: Provided, never- theless, that nothing in this clause contained, shall be construed to prevent the formation of Compa- nies of Artillery, or Troops of Dragoons, within the limits assigned to the several Regiments or Battalions of Militia, to be independent of or attached to such Regiments or Battalions, according to such orders or directions as the Lieutenant Gov- ernor may, from time to time, make in that behalf. 15. And be it further enacted by tlie authority aforesaid, That Regiments or Battalions of Dra- goons, Artillery or Light Infantry, so constituted as aforesaid, shall be subject to such orders, rules Militia Law — 1st Victoria. 9 and regulations, with respect to drill, inspection or other duty, as from time to time, may be issued by the Lieutenant Governor, for their efficient organization for actual service, apart from the other Regiments or Battalions of Militia in the Province. 16. And be it further enacted by the authority aforesaid^ That any OlHcer of Militia, who, in time of peace, shall be guilty of wilful neglect or disobe- dience of orders, or of any act of insubordination, in the performance of his duty, shall, on conviction, be liable to pay a fine, not less than one pound nor more than twenty pounds, besides costs of convic- tion, and to be cashiered and deprived o^ his com- mission and rank in the Militia. 17. And be it further enacted by the authority aforesaid. That any non-commissioned Officer or private Militia-man, who, in time of peace, shall wilfully refuse or neglect to enrol himself, as here- inbefore provided, or who shall be guilty of wilful neglect or disobedience of orders, or of any act of insubordination or misconduct, while on parade, or engaged in the performance of Militia duty, shall, on conviction, pay a line of not less than five shillings nor more than five pounds, over and above the costs of conviction, and in default of payment, shall be liable to imprisonment in the common gaol of the District, for a term not less than three days nor more than one month. 18. And be it further enacted by the authority aforesaid. That the Colonel, or other Officer com- manding any Regiment or Battalion of Militia in this Province, shall have full power and authority, in time of peace, to assemble a Court, to be com- posed of not less than three Officers of the Regi- ment or Battalion under his command, one of whom at least shall be of the rank of Captain, and Offlecri or Militia diiolmying or n*Kl<'f i)»ir "r* dm, to Itu fliKid an J cMliiortxi. Militln-mnn iipgleninir lo *-nrul,ur(ii((>lt«y- iiif; ordort, to b* Aiifdior imprl- fonfid in dcfuult iirpeynieiii. Cnmmaiidinj; Oflieeri may a«anmble Courts Martial i 10 I I i' n (Iflirnrs com- iiiaiidin;.', Id e'\ro ii(ili«(< of tiiTi'j mill \Ancp of n!>.''riril)liug of Court IVrson npulnst wlioin coiiiplitiut U pri'.fcrrod, to hnT« noticfl in writing, riMiul- rin;; liiiii lu i4)jioar. Form of Dotite. Militia Law — 1st Victoria. which Court shall have full power and authority to hear evidence and investigate all charges that may be brought against any non-commissioned Ofticer, or private Militia-man, for any offence or neglect of duty contrary to the provisions of this Act, and to give such judgment thereupon as they, in their discretion, shall think just and reasonable, the same being in accordance with and authorised by the enactments herein-contained. 10, And he it furthei' enacted hy the authority aforesaid, That the Colonel, or Officer command- ing any Regiment or Battalioxi, shall direct a notice to be given to the Captains, or Officers command- ing Companies under his command, of the time and place where such Court shall be held, at least fifteen days before the time for its assembling. 20. And he it further enacted hy the authority aforesaid, That after receiving such notice, and at least eight days before the meeting of such Court, Captains or other Officers commanding Compa- nies, shall cause a notice in writing to be served on any non-commissioned Officer, or private Militia- man belonging to the Company under his com- mand, against whom it may be intended to prefer any complaint of neglect of duty or misconduct, of such non-commissioned Officer, or private Militia- man, requiring him to appear to answer such com- plaint ; which notice, signed by the Captain or Officer commanding such Company, may be in the words or to the effect following : — " Mr. A. B. You are hereby required to attend before the Court apj)ointed for the trial of Militia offenders belonfjino- to the Regiment of Militia, which will assemble at on the day of ■ at ten o'clock, forenoon, to answer a charge — (for not enrolling yourself as a Militia-man, or for not attending Mihtia muster, or for insubordination, as u mthority f\^es that lissioned lence or |s of this as they, isonablc, ithoriscd uthority niniancl- '' a notice mmand- he time » at loast jlinff. mthority G, and at •h Court, Compa- crved on > MiHtia- lis com- o prefer tK]uct,of Militia- ch coni- ^tain or ly be in fr. A. B. ore the lenders , which 'f — , e — (for /or not Ltion, as Militia Law — Ist Victoria. the case may be.) Dated this day of , C. D., Captain, or Officer commanding Company, Regiment, Militia." 21. And he it further enacted hy the authority aforesaid, That no Non-commissioned Officer, or Private Mihtia-man, shall be condemned, or be liable to answer any charge preferred against him, unless it be proved at the time appointo'l for the trial of such charge, that he had been served with a notice as herein before provided, at least eight days before the meeting of the said Court, to appearand answer the charge to be preferred against him. 22. And he it further enacted hy the authority aforesaid. That it shall be lawful for the said Court, to command the appearance and to examine witnesses on oath, relative to any com- plaint that may be brought before them, and to commit the person summoned as a witness for non-attendance, as in ordinary cases of contempt. 23. And he it further enacted hy the authority aforesaid, That the Officers composing the said Court, shall be entitled to receive the sum of five shillings each, for each day they shall be engaged as members of the said Court. 24. And he it further enacted hy the authority aforesaid, That the person who shall serve notices as herein before required, shall be entitled to receive four-pence for each mile he shall neces- sarily travel to effect such service, and that for every fine levied and collected under a warrant from the said Court, the person levying the same shall be entitled to the same fees as are now paid, for service of a like nature, to any Constable or Peace Officer in this Province : Provided always, that it shall be in the discretion of the said Court to appoint such person as they may think fit to exe- cute the warrants or other {)rocess issued by them. 11 No porKon to !)(• •Diiilciiini'd, iiii- li'SH provtul thill he wns .^iTVf'd Willi writlon tiuline. Court may com- mit VVitiirssi'M SiimiiKiiiril fur uot attuiuliiig. Otlirnrnconipos- iii(; Court to ri'CdJTo Tito sliil- ling! pur day. Frrr.riv- nd for sorviiif notice. Court to Appoint • 111- piTSOll to execute warrout. 12 Militia Law — 1st Victoria. Oalb. 25. And be it further enacted by the autlvority aforesaid^ That the judgments of the said Court cSru^'wbjSt shall, without appeal, be carried into effect, and to apiMtfL |.]^Q gjjgg imposed by them, shall be levied upon a warrant signed by the senior member of the Court, in the same manner as the judgments of the Justices of the Peace are carried into effect under the provisions of an Act passed in the fourth year of His late Majesty's reign, entitled, " An Act to provide for the summary punishment of petty trespasses and other offences." 26. Provided always, and be it further enacted by tlie autlwrity aforesaid, That all Officers who officcre compos- may be appointed to compose any Board for the '•woS"** ** trial of any offender or offenders under this Act, shall, before proceeding to the trial of such offen- der or offenders, take the following oath : — " I do sincerely promise and swear, that in all such matters as shall be brought before me under the Militia Laws of this Province, I will faithfully act according to the best of my judgment, agreeably to the said Laws, without favor or partiality to any person. — So help me God." Which oath may be administered by any one member to the other members of the said Board. 27. And be it further enacted by the authority aforesaid, That all monies arising from fines levied and collected under the provisions of this Act, hicii'are couec ghall bo paid into the hands of the Colonel or Officer Commanding the Regiment or Battalion within which the same shall have been imposed, and shall be applied under the direction of the Field Officers of such Regiment or Battalion — first, to the payment of the allowance to the members of the Court and other incidental expenses, the payment of which is not otherwise provided for — and secondly, to the purchase of How monioa to w" ■ ■ Militia Law — 1st Victoria. 13 autlvority lid Court ffect, and d upon a of the ments of nto effect d in the entitled, nishment r enacted ers who J for the this Act, ch offen- :— "Ido all such nder the iifullv act Lgreeably •tiality to oath may the other luthority es levied this Act, ►lonel or 3attalion imposed, n of the talion — I to the cidental herwise hase of colors, musical instruments, or other purposes tend- ing to advance the discipline and efficJ-^ncy of the Regiment or Battalion. 28. And he it further enacted hy i.-e authority aforesaid, That twice in each year, that is to say, SinVaeJ-ts. on the first day of March, and the first day of {;: JJ^jlftamG"' September, the Colonels or Officers in command ^oSfir"* of Regiments or Battalions in this Province, shall "?"'""•*«• make a return to the Adjutant General of Militia of this Province, of the number and names of persons complained against — the judgments of the Court — the amount of fines levied — and the man- ner in which the same shall have been distributed and disposed of. 29. And he it farther enacted hy the authority /' 1 mi •' • r 1 1 Liout. Gnvprnor oresaid, 1 bat m time ot peace, and when any in»y«s^emi.i.> charge shall be made against any Officer of the Militia of this Province, for disobedience of orders, or any act of insubordination, or misconduct as an Officer of the Militia, it shall and may be lawful for the Lieutenant Governor in his discre- tion to assemble a Court Martial, (the President of which shall be a Field Officer,) to be composed of seven or more Officers belonging to one or more of the Regiments of Militia, organized or embodied within the County or District to which the accused party belongs, to investigate the charges made against such Officer, and to examine witnesses on oath, as well in support of, as against such charge, and award such sentence as in their opinion may be just and reasonable, and not incon- sistent with, or contradictory to the provisions of this Act: Provided always, that in the appointment of Judge Advocate, the administration of oaths, and forms of proceeding to be observed by the said Courts Martial, respect shall be had to the provisions hereinafter contained for the constitu- 14 Sonf Mice to l>o a])i)roviMl liy l.iiiut. Govcruor. IIow finos to bo Icvii'il, iin. Onth to tin (nkon liy iiiciabore of Court. il ll '■• ' ]G Militia Law — let Victoria. OnOi to lio c;il.;. Martial, unless required to give evidence thereof as a witness by a Court of Justice, in due course of law : So help you God ": And so soon as the said oath shall have been administered to the respective Members, the President of the Court is hereby authorised and required to administer to the Judge Advocate, or the person officiating as such, an oath in the fol- ufcftB lowing words : — " You, A. B. do swear, that vou will not upon any account, at any time whatso- ever, disclose or discover the vote or opinion of any particular Member of the Court Martial, unless required to give evidence thereof as a witness by a Court of Justice, in due course of law — So help you God": And the Judge Advo- vocate shall, and is hereby authorised, to adminis- ter to every person giving evidence before the said Court, the following oath : — " The evidence vou shall "We to this Court Martial, on the trial of A. B. shall be the truth, the whole truth, and nothing but the truth — So help you God ": Pro- vided always, that the Judgement of every such Court Martial shall pass with the concurrence of two-thirds of the Members, and shall not be put in execution until the Lieutenant Governor has approved thereof 33. And he it further enacted hy the authority nmvi,.M.mi.n,iimi aforcsaid, That in cases of emergencv, bv actual invasion, insurrection or otherwise, when it may not be practicable to consult the Lieutenant Governor, it shall and may be lawful for the Senior Officer of Militia of any County or Riding, to call out and embody any number of the Militia he may judge necessary, for actual service, and to report the same forthwith to the Lieutenant Governor. 34. And he it further enacted hy the authority aforesaid, That it shall and may be lawful for the Lieutenant Governor, from time to time to issue TvMi-tlilrrls of imciiiIiltp to cou riir with jiiiljf- IJILMII. Wlirii IMilifiii »illiiments of Militia now existing in this Province, until otherwise ordered and directed by the Lieutenant Governor. 3G, And he it further enacted hij the anthoritij aforesaid^ That from and after the ])assing of this Act the following fees shall be paid upon Com- missions issued, by the Oilicers to whom such Commission shall be issued — Ot- jlonc I* ;) o ne p o und H ft Q a hillinff fi ; Lieutenant Colonels, one pound live shillings ; Majors, one pound ; Captains, fiftcjgn shil- lings; Lieutenants and Ensigns, fifteen shillings; Paymaster, fifteen shillings ; Surgeons, fifteen shil- lings; Assistant Surgeons, ten shillings; Cluarter Master,tcn shillings; Adjutant, according to his rank. IJmit. fiovcrnor iii:i,v oi'ilur irii- prc.-smiMit (if lliirsrs iV. TiNinis ('i(r(!oiiV(>yiiii(U'of 'J"i(ii)|).i & SKiri'.", \r., ami for liil- Irliiiii; (irTniiipM ul' laau i& Militia. fiiiiiiiii>.fi(iiiK IKlW lu'ld, IIOl imulo void. Frr's to lio paid tor Cumniigsions ing, Kces — liow tli yiouvA of. llnlf-.\oiiily rc- tiiriiK til lio iiinili: of I'CKS. 18 Militia Law — let Victoria. 37. A7id be it further enacted hy the authority Su'^iSnu,. aforesaid, That all Commissions to Officers of'Mi- oiHeercomnmiui- j-j.jj^ ^jj^^^ j^^ transmitted by the Adjutant General of Militia to the Colonel or Officer commanding, to be delivered to the respective Officers appointed to his Regiment or Battalion, and to whom the fees, as well as the exemption money collected from the Quakers, Menonists and Tunkers, mentioned in this Act, shall be paid, and by him shall be ])aid into the hands of the Receiver Cencral of this Province, for the public uses of the same. 38. And he it furtlur enacted hy the authority aforesaid, That the Colonel or Officer command- ing any Regiment or Battalion shall make a half yearly return to the Adjutant General of the Pro- vince, of the fees by him received, and paid into the hands of the Receiver General as aforesaid. 39. And he it further enacted hy the authority oni.crstooi.iuin aforcsaid, That no Officer of Militia shall muster, tlii;ir ( oniiiii^- * i • i i i i <» M Rio»s w.tiun .i.v or be entitled to rank as an Officer, should he fail niuiitnt utter . , , i i being uuzettcd. ^q obtaiu posscssiou of his Commission, and pay the fees thereon, within six months after he shall have been Gazetted. 40. And he it further enacted hy the authority ofliocrs coinmis. f^fovemid, That the Colonel, or Officer commanding comnIi«"i!,'nS"' '^"^ Rogimeut or Battalion, shall have full power for^drui'oucoa"' ^'^^ authority, and he is hereby authorised to call out the Officers, or non-commissioned Officers, of his Regiment or Battalion, for the purpose of drill or exercise, one day in each month, (if he shall deem it necessary,) exclusive of the days appointed by this Act for the purpose of drill or exercise. 41. Andheit further enactedhy the aittlwrity afore- said. That the provisions of this Act shall apply to such Militia as are now embodied for actual service. 42. And he it further enacted hy the authority (foresaid, That every person who shall sell or bar- inunth. Tlii!<4ct tuupply to Militia now umbudicil. Militia Law — 1st Victokia. 19 authority ;ers of Mi- nt General nmunding, appointed m the fees, 1 from the oned in this ])aid into rovince, r^ authority command- lake a half 3f the Pro- 1 paid into iforesaid. ? authority lall muster, )uld he fail ,nd pay the shall have ? authority mmanding full power sed to call DfHcers, of 3 of drill or hall deem ointed by ise. 7'ity afore- I apply to al service. authority 3II or bar- ter any part of the arms or e n'.ipments which may H..r.oi.H8oiiiM„or be delivered to him out of ller Majesty's stores, "MViipmoniM" I 1111. .1 1 liollni'il on nm- or who shall destroy tiie same, and every person vi.ii..,.,,,n,i„„ 1 1111 11 I" 1 rpfiiR.iiif to niiy, who shall buy or by barter ol)tam such arms or n.i.yi.n.om- equipments, shall severally and respectively forfeit and pay the sum of five pounds for every offence, on conviction thereof by the oath of any one cre- dible witness, before two Justices of the Peace, residing within tlie County wliere the same has been committed ; and in case the person so selling any part of his arms or ecpiipments as aforesaid, or the person obtaining the same in manner afore- said, being thereof convicted as aforesaid, shall refuse or neglect to pay the said sum of five pounds, it shall and maybe lawful for the said Justices, by a warrant under their hands and seals, to commit such person to the gaol of the County or District in which the offence shall be committed, for any space of time not exceeding two months: Provided alicays that it shall and may be lawful for the said Justices £t;,';,,7j;,l;'' to discharge the })crson so offending any time before illlli'orinrmie.''^ the expiration of the said two months, when the person so convicted, as aforesaid, shall tender to the said Justices the penalty inflicted by this Act. 43. And he it further enacted hy the authority aforesaid, That if any person shall wilfully swear falsely in any proceeding or matter with respect to which he shall have been sworn, under and according to the provisions of this Act, every such person, on being lawfully convicted thereof, shall be deemed guilty of wilful and corrupt perjury, and shall suffer the like punishment as by law may now be inliicted on persons convicted of wilful and corrupt pei;jury. 44. Ayid he it further enacted hy the authority aforesaid, That it shall and may be lawful for the ^^ieutenant Governor to appoint a Commodore, Wilful tiiisc ewcuriiig, per- jury. }} i % 20 Militia Law — 1st Victouia. Non-rfimnii^i- f iiHiril ODiii'i* niid lViv'ii'~fr"iii .M) to (ill yi'iu ^^ 111' ntfc, til III' tiiiiis- firrocl III lli'liii'il Kattiiliuii. i,ion». r;<.voriioir who shall rank with Colonels of Mlllitia ; and also nmy iippoiiit --, . it- i> i^ • ' ^ nr oftirorsofiTo- Laptamsand Lieutenants ot a J rovincial Marino, vinrini Aliiriiic. i i 'ii i i ■ <■ i 11 to be drilled to the exercise ot heavy uiins and the management of gun-boats, in addition to their duties in the use of small arms as a Militia force. 45. And he it further enacted hi/ the authority aforesaid, That there shall be attached to every (tegimont of Militia, a second or Retired Battalion, to which OHicers on becoming incapable of actual service, by reason of old age, iniirmity or otherwise, may be transferred on their own applications, or by order of the Lieutenant Governor; and that all Non-commissioned OfHcers and privates, from the age of fii'ty to sixty years, shall also be transferred to the Kctircd Battalion. 4G. A7id l>e il farther enacted by the authority aforesaid, That it shall and may be lawful for the Lieutenant Governor, or Person Administering the Government, to sanction the formation of Volun- teer Companies, to serve as a Provincial Marine, and to be stationed at the dilfcrent harbours along the coast: each of the said Companies to consist of a Captain, a Lieutenant, an Ensign, and not less than Ijfty men, nor more than one hundred men. 47. And })e it further enacted hy the authority aforesaid, That if any person shall wilfully inter- rupt or molest any Regiment, Battalion, Company or Detachment of Militia, whilst on any duty pre- scribed bv the laws of this Province, it shall be law- ful for the Commanding Officer of such Regiment, Battalion, Company or Detachment, to confine such person for any time not exceeding three days. 48. And l)e it further enacted by the authority aforesaid, That except in time of actual service, the Judges of the Court of King's Bench, and Clergy; the iMembers of the Legislative and Executive Councils, and their respective officers; the Mem- l.inif. fidViTinr fliriy siilirlioii Viiliinli'rr Ciini- pilllll'S of I'll. V 111- rinl Muriiir. Per»f>n» molo'-t- in(r tlii> Milltiii. mny heconfiiu!!!. IVipons r\- rin|)li'il IVmii Militia servn'o. «v Militia Law — Ist Victoria. 21 bersof the House of Assembly for tlie time beino;, {Uid the otHcers therclt) beloiiohig; lie r Majesty's Attorney and Solicitor Generals; the Secretary of the Province; and all Civil oflicers who shall have been or may hereafter be appointed to any Civil office in this Province, under the (ireat Seal of the same ; as well as all Mai^^lstrates, Coroners, Sherids and Half-pay Officers; Militia Officers having served by virtue of any Militia commission in aiiy part of Her Majesty's Dominions, who may not have been removed for any ollence as an Officer of Militia, or who may have obtained leave to resign his commission; the Surveyor General, and his deputies duly appointed, and actually engaged in public service ; Deputy Post-masters, and M.'iil- carriers; Seafaring men actually employed in the line of their calling; Physicians, Surgeons; the Masters of public or common schools; Ferry -men, and one Miller to every Grist-mill, shall be and arc hereby excused from serving in the said Militia: Provided (ilii'(/i/s, that this Ad; and the exceptions heroin-contained, shall not prevent, and it is hereby ^iri'pti"i muy t y t ^ 1 111 1 1 <;"imiii>.sioii> declared that the same shall not be construed to prevent any or every of the above-mentioned per- sons from holding Commissions as Officers in the Militia in this Province: Provided aiwavs, that it iin"f«"vprnor 111 1 11 r 1 r IT' /-I tniiy .'XPiiiiU any shall anti may be lawful for tlie J^ieutenant Gover- p^rfon fmm »or- • . 1 1 • 1 1 »"•<"»" a Mililin- nor of this rrovmce, by warrant under Ins hand """" and seal, to exempt any of t:he persons herein- before enumerated from being called out in the service aforesaid. 49. And he it fnrfher enacted hi/ tlie authoritii „ , ., nforesaid, That the persons called Quakers, ;,'jr,;,;'y,r;;;;|''''''' Menonists and Tunkers, who, from certain scru- ;^,7,;",'; ;;|/,''"„. pies of conscience, decline bearing Arms, shall not ;',';|';;"8 •^«'""''- be compelled to serve in iIh; said Militia; but every person professing that he is one of the peo- Prrnnnn ox- l\i>li) u, i] ■Mil 22 Aliovi^ licrMHiN to (fivo ill llii'ir iiniiii'k n\['\ loi- llnin- 1(1 ( XIli f.» riiiiiiniiiHlini; Uciriiiii'iit*. mil! ]\A\ til IIh'IM |i|s tlie cunumuy lit.'.| In dnfiuiltdfri'- tiirii or 1 •'•'.iiiiiit to till: l.il'll liy Ki'uiinomnl Court. Complsints to lio liroiivlit within thrne rnlcmrlnr mniithx next after ^act cuiiiiiiittoil. MiMTiA Law — 1st Victohia. pic called Quakers, Menonists or Tunkcrs, and producing a ccrtilicatc of liis being a Quaker, Menonist or Tunkor, or of liis heiny- the son of a Quaker, Menonist or Tunkcr, lirought up and cducatcil in iIk; principles of the Menonists or Tankers, niid muler tlic ago of twenty-one years, sionod bv the Ckjrk of the Meetini; of such Society, or by tliree or more of the people called Quakers, Menonists or Tunkcrs, shall be excused and exempted I'rom serving in the said Militia: Providad vrcciilnlcss, that every such person who may be so excused as aforesaid, shall on or before the fourth day of June in every y(!ar, give in hia name and })lace of resid(3nce to the Colonel orOlfi- cer commaiulinfj the Reofiment within the limits of which he may reside, and pay at the same time to the said Colonel or Ollicer commanding, the sum of twenty shilbngs, currency; and in time of actual invasion, insurrection or rebellion, the sum of ten pounds; and in dc.-fault of such return and payment as aforesaid, it shall and may be the duty of such Colonel or Oflicer commanding, to com- plain of such neglect or refusal, and to summon and try the party so ortending, and to decide and determine upon every such case by a Uegimental Court, in the same manner and form as is provided for the trial of other ottenders against this Act. 50. And he it ^wther enacted by the, autiiority aforesaid, That il any plaint shall be brought or commenced against any person for any thing done or to be done, in pursuance of this Act, or in execution of the powers and authorities, or the orders and directions herein before given or granted, every such sait shall be brought or com- menced within three calendar months next after the fact committed, oii' the defendant in such action or suit, shall and ma\ pleai the general issue, and give this Act awd the sp«;cial matter in Militia Law — Ist Victouia. 2,'J c'vitluiico lit any trial to be had thcroon, and that the sanio was done in pursuuncc and by the authority of'thi.s Act, and if it shiill a[)[)eur to bo (h)ncso, or if any action or suit sli.-dl be ' ouglit aflor tlic time heroin before limited lor bringinn tjic same, then ii verdict shall be gi^en for the del'endunt. t3]. And he it farther ciKictcd h;/ fhe (uiihorily aformiid, That it shall ami may be lawful I'or the !;:;'.;,!;;::,;:';'"" Lieutenant Governor to apitoint a i)r()])er person ^''j"""'K""""«'- to be Adjutant General of the MiHtia of this Pro- vince, who shall have the rank of Colonel, and do all matters and things uj)|'Litaining to the said olfice of Adjutant General. 62. And he it furfher enacted hit the authoritn ajoremid, ThatTi(» j)c rson who shall have been (lis- ivr^om imvim', charged from Her Majesty's service as a Sergeant, m'"i»rs»m."n'.'' shall be obliged to serve in any inferior station in the iMllmrJ^taiioL. Militia of this Province, unless having been such Non-commissioned Ofiicer in the stiid Militia, he may have been reduced according to Law. 63. And he it further enacted hif the authority aforesaid, That every Sergeant of Militia, duly I mpi fr'.'.m'i.rrv- apj)ointed, sliall be exem])t irom servmg as Con- stable for and during such time as he shall hold such appointment as Sergeant. 64. And he it further enacted hy the authority aforesaid, That an Act of the Parliament of this acib rcpenin.i. Province, ])assed in the forty-eighth year of the reign of King George the Third, entitled, " An Act to explain, amend and reduce to one Act of Parlinment, the several Laws now in being for raisJn':^- '.Tid training the Militia of t'lis Province ;" ' al. o " An ilct passed in the fiftieth year of the said reign, entitled, ' An Act for the relief of riiinors of the Societies of Menonists and Tiinkers;" and also an Act passed in the ifty -third year of the said reign, entitled, "An Act to amend an Act passed in tlie forty-ninth year of His Majesty's 24 Militia Law — Ist Victoria. i l!* 1 reign, entitled, * An Act for quartering and billet- ing, on certain occasions, His Majesty's Troops and the Militia of this Province, and to repeal part of the same ;" and also so much of the first section of the said Act, passed in the forty-ninth year of the said reign, entitled, "An Act for quartering and billeting, on certain occasions, His Majesty's Troops and the Militia of this Province," as relates to the payment of the owners of horses, carriages and oxen ; and also an Act passed in the fifty-sixth year of the said reign, entitled, "An Act to amend an Act passed in the forty-eighth year of His Majesty's reign, entitled, ' An Act to explain, amend and reduce to one Act of Parlia- ment, the several laws now in being for the raising and training the Militia in this Province ;" and also an Act passed in the fifty-ninth year of the said reign, entitled, "An Act to repeal part of and amend an Act passed in the forty-eighth year of His Majesty's reign, entitled, ' An Act to explain, amend and reduce to one Act of Parliament, the several laws now in being for the raising and train- ing the Militia of this Province ;" and also an Act passed in the fourth year of the reign of King George the Fourth, entitled, "An Act to repeal part of the tenth clause of an Act passed in the forty-eighth year of His late Majesty's reign, entitled, ' An Act to explain, amend and reduce to one Act of Parliament, the several laws now in being for the raising and training the Militia of this Province ;" and also part of an Act passed in the last Session of the jDresent Parliament, entitled, " An Act to repeal part of and amend the laws now in force for the raising and training the Militia of this Province, and to increase the strength of the Companies of Militia," — shall from and after the passing of this Act be and the erimc are hcre- h by repealed. Y s and billet- ^'s Troops to repeal )f the first brty-ninth 1 Act for sions, His Province," of horses, passed in itled, "An rty-eighth A.n Act to of Parlia- ihe raising ice ;" and jar of the art of and h year of o explain, iment, the and train- Iso an Act of King to repeal ed in the y's reign, id reduce jvs now in Militia of passed in t, entitled, the laws he Militia !;rength of and after are here-