Punishment for be having with contempt,

or speaking words to the hurt or dishonor of

the Governor, &e.

Punishment for mu tiny and sedition.

Punishment for not

press the same, or give information thereof.

shall return to their respective Towns, Townships, Parishes or places of abode, remain under the command of the Governor, Lieutenaut Governor or Person administering the Government, or other Officer having the command of them, and shall be liable to punishment for mutiny and desertion as herein after mentioned, that is to say, that every Officer, Non-commissioned Officer or Militia-man, who shall presume to use traitorous or disrespectful words against His Majesty's Royal Person, or disrespectful words against any of the Royal Family, if a Commissioned Officer, shall upon conviction thereof before a General Court Martial, as herein after is directed to be established, be cashiered, if a Non-commissioned Officer or Private, he shall suffer such punishment as by the sentence of the said Court Martial shall be awarded.

XVII. And be it further enacted by the authority aforesaid, That any Officer, Non-commissioned Officer, or Militia-man, who shall behave himself with contempt or disrespect towards the Governor, Lieutenant Governor or the Person administering the Government for the time being, or shall speak words tending to their hurt or dishonor, shall be punished according to the nature of his offence by the judgment of a General Court Martial.

XVIII. And be it further enacted by the authority aforesaid, That any Officer, Non-commissioned Officer or Militia-man, who shall begin, excite, cause or join in any mutiny or sedition in the Regiment, Detachment, Troop or Company to which he belongs, or in any other Regiment, Detachment, Troop or Company, whether of embodied Militia or of His Majesty's regular or Provincial Forces, in any camp or post, or upon any party, detachment or guard on any pretence whatsoever, shall suffer death, or such other punishment as by a General Court Martial shall be awarded.

XIX. And be it further enacted by the authority aforesaid, That any Officer, endeavouring to sup- Non-commissioned Officer, or Militia-man, who being present at any mutiny or sedition, shall not use his utmost endeavours to suppress the same, or coming to the knowledge of any mutiny or intended mutiny, shall not without delay, give information thereof to his commanding Officer, shall suffer such punishment as by a General Court Martial shall be awarded.

sertion to the enemy.

Punishment for des XX. And be it further enacted by the authority aforesaid, That all Officers Non-commissioned Officers and Militia-men, who shall be convicted of having deserted to the enemy, shall suffer death, or such other punishment as shall be awarded by a General Court Martial.

Non commissioned

not to absent himself

XXI. And be it further enacted by the authority aforesaid, 'That any Nonfficer or Militia-man commissioned Officer or Militia-man, who shall quit, or otherwise absent without furlough, nor himself from his Regiment, Detachment, Troop or Company, without a furattach himself to any lough from his commanding Officer, or who shall withdraw himself from the

*ther Regiment, &c.

Regiment, Detachment, Troop or Company, into which he has been embodied, in order to attach himself to any other Regiment, Detachment, Troop or Company, then in service, whether of the Militia, or of His Majesty's Regular or Provincial Forces, shall, upon being convicted thereof, be punish

ed

ed according to the nature of his offence, at the discretion of a General Court Martial, and in case any Officer of the Militia shall knowingly receive and entertain such Non-commissioned Officer or Militia-man, or shall not after his being discovered to be a deserter, immediately confine him and give notice to the Regiment, Detachment, Troop or Company in which he fast served, he the said Officer so offending, shall on being convicted thereof before a General Court Martial, be cashiered.

Punishment for receiving, entertaining,

and not discovering such Non-commission

ed Officer or Militiaman,

Punishment for hav.

sert.

XXII. And be it further enacted by the authority aforesaid, That if any Officer, Non-Commissioned Officer or Militia-man shall be convicted of having ing advised him to deadvised or pursuaded any other Officer or Militia-man, to desert His Majesty's service, he shall suffer such punishment as shall be awarded by a General Court Martial.

Mode of ordering and

Courts Martial.

of assembling General

The members of which they shali eonsist.

Judge Advocate to be appointed.

Oath to be taken by

XXIII. And be it further enacted by the authority aforesaid, That when the Militia of this Province shall be called out on actual service, in all cases when a General Court Martial shall be required, the Governor, Lieutenant Governor or Person administering the Government, upon complaint and application to him made, through the Colonel or Officer commanding the body of Militia to which the party accused may belong, shall issue his order to the said Commanding Officer to assemble a General Court Martial, which said Court Martial shall consist of a President, who shall be a Field Officer, and twelve other Commissioned Officers of the Militia; Provided always, That in all trials by General Courts Martial, to be held by virtue of this Act, the Governor, Lieutenant Governor, or Person administering the Government, shall nominate and appoint the person who shall act as Judge Advocate, and that every member of the said Court Martial, before any proceedings be had before that Court, shall take the following oath before the said Judge Advocate, who is hereby authorized to administer the same, viz. You A. B. do swear that you will administer justice to the best of your understanding, in the matter now before you, according to the evidence and the members. the Militia Laws now in force in this Province, without partiality, favour, or affection; and you further swear, that you will not divulge the sentence of the Court, until it shall be approved by the Governor, Lieutenant Governor, or Person administering the Government, neither will you upon any account, at any time whatsoever, 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 a 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 authorized and required to administer to the Judge Advocate, or the person officiating as such, an oath in the following words: You A. B. do swear, that you will not, upon any account, at any time whatsoever, 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 a due course of Law-So help you God. And the said Judge Advocate shall, and he is hereby authorized to administer to every person giving evidence before the said Court, the following oath: The evidence you shall give to this Court Martial, on the trial of A. B. shall be the truth, the whole truth, and nothing

F 3

but

Oath to be taken by the Judge Advocate.

Oath to be adminis tered to witnesses.

Regulations to which

the Militia shall be sub

for actual service.

but the truth-So help you God. Provided always, That the judgment 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 Governor, Lieutenant Governor, or Person administering the Government, has approved thereof. Provided always, That no Officer serving in any of His Majesty's other forces shall sit in any Court Martial upon the trial of any Officer or Private man serving in the Militia.

XXIV. And be it further enacted by the authority aforesaid, That during ject while embodied the time in which the said Militia shall be embodied for actual service, they and every of them, as well Officers as Privates, shall be liable and subject to all and every the provisions, regulations, matters, and things in this Act contained, respecting the said Militia, and also in cases to which the provisions of this Act do not extend, to all the rules, regulations, pains, and penalties of any Act or Acts of the British Parliament that are or may be in force for the punishment of mutiny and desertion, not contrary to this Act; Provided nevertheless, That no sentence of any Court Martial so to be constituted and established, under and by virtue of this Act, shall extend to the loss of life or limb, unless for desertion, mutiny, and sedition, traitorous correspondence, or for traitorously delivering up to the enemy, any garrison, fortress, post, or guard, any thing herein contained, or any Statute, Law, or Non-commissioned Usage to the contrary notwithstanding. Provided always, That in no case officer or private man not subject to the pu- whatsoever, shall any Non-commissioned Officer or Private man, for any nishment of being offence by him committed, be subjected to the punishment of being whipped, by the sentence of any Court Martial whatsoever.

whipped.

Court of Enquiry when to be assembled.

XXV. And be it further enacted by the authority aforesaid, That in all cases where a Militia Officer not on actual service, shall be guilty of improper conduct, or do any thing unbecoming his character as such Officer, not otherwise provided for in this Act, the Governor, Lieutenant Governor, or Person administering the Government, upon complaint and application made to him through the Colonel or other Field Officer of Militia commanding the respective Regiment or Battalion to which the said Officer against whom the complaint is made, may belong, or in case the said Colonel or other Field Officer is the party accused, to the next in command, to issue his order --In what manner to to assemble a Court of Enquiry, which Court shall consist of one Field Officer, in rank superior to the Officer accused, who shall be President thereof, together with not less than four other commissioned Officers, and such Court of Enquiry shall examine witnesses, and take every necessary step to investigate the matter alledged in the complaint against the said Militia Go Officer, and report the evidence in that behalf brought before them, to the Governor, Lieutenant Governor or Person administering the Government, for his decision thereon.

be constituted.

bernor, &c.

Exemptions from serv. ing in the militia ex

cept in time of actual

Orvice.

XXVI. And be 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 Members of the Legislative and Executive Councils, and their respective Officers, the Members of the House of Assembly for the time being, and the Officers thereto belonging, His Majesty's Attorney General, Solici

tor

tor General, the Secretary of the Province, and all other Civil Officers who shall have been or hereafter may be appointed to any civil office in this Province, under the Great Seal of the same, as well as all Magistrates, Sheriffs, Coroners, Half-pay Officers, Militia Officers, having served by virtue of any Militia commission in any part of His Majesty's dominions, (who may not have been removed for any offence as an Officer of Militia, or who may have obtained leave to resign his commission) the Surveyor General and his Deputies duly appointed, Seafaring men actually employed in the line of their calling, Physicians, Surgeons, the Masters of public schools, Ferry-men, and one Miller to every Grist Mill, shall be, and are hereby excused from serving in the said Militia. Provided always, That this Act and the exceptions herein contained, shall not prevent, and it is hereby declared, that the same shall not be construed to prevent any or every of the above mentioned per- from holding commis son, or persons from holding commissions as Officers in the Militia in this sions as officers in the Province; Provided always, That it shall and may be lawful for the Governor, Lieutenant Governor or Person administering the Government of this Province, by warrant under his hand and seal, to exempt any of the grant exemptions from persons herein before enumerated, from being called out on the service aforesaid.

Not to prevent the persons so exempted

militia.

Governor, &c. may

serving.

Quakers, Menonists and Tunkers, not to be

Proof of being such,

(See 50th Geo. HE c 11.)

To give in their names the district where they reside.

&c. to the treasurer of

Payments to him bow

XXVII. And be it further enacted by the authority aforesaid, That the persons called Quakers, Menonists and Tunkers, who from certain scruples of conscience, decline bearing arms, shall not be compelled to serve in the said compelled to serve. Militia, but every person professing that he is one of the people called Quakers, Menonists or Tunkers, and producing a certificate of his being a Quaker, Menonist or Tunker, signed by the clerk of the meeting of such society, or by any three or more of the people called Quakers, Menonists or Tunkers, shall be excused and exempted from serving in the said Militia. Provided nevertheless, That every such person or persons that shall or may be of the people called Quakers, Menonists or Tunkers, from the age of sixteen to sixty, shall, on or before the first day of December in each and every year, give in his name and place of residence to the Treasurer of the District, where he or they shall reside, and pay to such Treasurer, to and for the public uses of such District, in time of peace, the sum of twenty shillings, and in time of actual invasion or insurrection, or when any part of the Militia of to be made & applied. that District shall be called out on actual service, the sum of five pounds, and in default of such payment, it shall and may be lawful, on information or complaint on oath made by the said Treasurer, before any Justice of the Peace of such District, for the said Justice to issue his warrant, under his hand and seal to levy the same by distress and sale of the offender's goods and chattels, returning so much of the said distress as shall exceed the sum of twenty shillings per annum in time of peace, and five pounds per annum in time of actual invasion or insurrection, (a) or when any part of the Militia of that District shall be called out on actual service, deducting therefrom the charges and all other incidental expences of such distress and sale, as well as the expences of summoning such offender before such Justice to answer the said information and complaint, and the said sums so levied by the said Justice as aforesaid, shall be by him, within the space of two calendar ment, distress money months, paid into the hands of the Colonel, or in his absence, the next senior paid and applied. Officer

(a) Sec 51st Geo. III.

7,

In case of non pay

so ¡ecovered how to be

of such distress.

Officer of the Regiment, Battalion or Independent Company of the division where the offence has been committed, to be applied for the like purposes as the fines, forfeitures and penalties imposed by this Act, and for want of such Punishment for want distress, the Justice before whom such person shall have been convicted, shall commit him to the common gaol of the District until he shall pay and satisfy such sum, together with the reasonable charges incident to such conviction: Provided nevertheless, That no person or persons so convicted, shall in any case, be detained in custody longer than the space of one calendar month; Provided also, and it is hereby further enacted, That each and every of the persons usually called Quakers, Menonists and Tunkers, that have attained the age of fifty years, shall not be liable to the payment of such sum of twenty shillings for being exempted from serving in the said Militia in time of peace, but that in time of war or other emergency, they shall be liable to serve, or to the payment of five pounds for being exempted for every year, until they shall have attained the age of sixty years.

Circumstances under which Quakers &c. shall not be liable to pay

ment.

militia upon lakes, ri

XXVIII. And be it further enacted by the authority aforesaid, That in time When the Governor, of war, when and so often as occasion may require, it shall and may be law&c. may employ the ful for the Governor, Lieutenant Governor or Person administering the Govers, communications, vernment of this Province, to employ the Militia of this Province, either upments as he shall think on land or upon the lakes, rivers and communications thereof, in such parties or detachments as by him shall be deemed expedient.

&c. in such detach

fit.

be taken to serve ou such detachments.

XXIX. And whereas by a certain clause in this Act, it is provided, that it shall and may be lawful for the persons therein mentioned, on certain occasions, to call out detachments of the Militia; Be it therefore enacted by the How persons shall authority aforesaid, That the persons to serve on such detachment, shall be regularly taken, from time to time, as they shall be required, from a roster or list to regulate the turn of duty, to be first formed by ballot of each and every person in each respective Battalion, Regiment, or Independent Company, and that after the same has been formed, when any person shall be enrolled as a Militia-man in any Battalion, Regiment or Independent Company, the name of such man shall be inserted, and follow the last person in the said roster the initial of whose sirname corresponds with the initial of the sirname of the man so to be inserted, and when any detachment shall be called out for service, the Adjutant or Officer commanding each Regiment, Notice to be given to Battalion or Independent Company, shall give notice to the persons of their turn of duty,

such persons.

Governor, &c. may

serve on board of ves

guns and small arms,

of this Province, and

XXX. And be it further enacted by the authority aforesaid, That when any appoint detachments to detachments are formed and called out for public service, it shall and may be sels, &c. with great lawful for the Governor, Lieutenant Governor or Person administering the and station then in any Government of this Province, to divide the same into smaller detachments or of the creeks, ivers &c. parties, and appoint them to serve on board vessels, boats or batteaux, upon also train them to the any of the lakes, rivers or communications by water of this Province, with great guns or artillery, as well as with small arms, as occasion may require, and shall and may appoint them to be stationary in any of the creeks or harbours of the said lakes, or in any of the rivers of the Province, and also to train and exercise the saine to the use of great guns and artillery, as well by land as by water.

use of great guns and arfillery.

XXXI.