Appointment of offi

cers..

Ranks of the Militia

vince, shall and may, from time to time, constitute and appoint, under his hand and seal, a sufficient number of Colonels, Lieutenant Colonels, Majois, and other officers, to train, discipline, and command the Militia of this Province, according to the rules, orders, and directions hereinafter mentioned, and the Officers so appointed for the Militia, shall rank with the Officers of such of His Majesty's forces, as may for the time being, serve officers with officers of within this Province, as youngest of their respective rank, which said Officers respectively, shall within six months after their several appointments, take the oath of allegiance to His present Majesty, His Heirs and Successors, before the Magistrates assembled in Quarter Sessions, within the District to which such Officers respectively belong.

II. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the Colonel or Officer, commanding any Regiment or Battalion of Militia, and he is hereby required, to specify to each Captain of a Company of his Regiment or Battalion, the limits from within which the Militia-men of such Captain's Company shall be enrolled.

His Majesty's forces.

Limits to be specified to each Captain

from within which his Company is to be en

shall be enrolled in the Militia.

Age of persons whe

Manner of enrollment.

(See 56th Geo. III.

III. And be it further enacted by the authority aforesaid, That every male inhabitant from sixteen years of age to sixty, shall be deemed capable of bearing arms, and shall enroll his name as a Militia-man on the first training day on which the said Companies shall be drawn out, in the division or limit in which his place of abode may be, and shall at such meeting give in his name, his age, and place of residence, and if he has thereto but lately removed, he shall make the same known, together with the place from 31.1.) whence he removed, and each and every such inhabitant, who shall not attend and give in his name to the Captain or Officer commanding the Company for such division or limit, so that his name may be enrolled as a Militia-man, shall for such neglect forfeit and pay the sum of ten shillings, ing to be enrolled. to be recovered and applied in manner hereinafter mentioned, Provided nevertheless, That no inhabitant shall be convicted of the offence herein described, unless it is proved at the time of trial, that the said inhabitant had been notified, either personally, or by leaving a verbal notice at his usual place of abode, of the time of meeting, at least six days previous thereto. Provided always, That no person above the age of fifty years, shall be called upon to bear arms, except on the day of annual meeting, or in fifty. time of war or emergency.

IV. Provided always, and be it further enacted by the authority aforesaid, That the neglect of any person so to present himself for enrollment and exercise, shall not be construed to prevent the Captain or Officer commanding the Company of Militia of the limits wherein the place of residence of any such person may be, from entering the name of such person, and such Captain or Officer commanding such Company as aforesaid, is hereby required to enter the name of every such person, as shall come to his knowledge, upon the enrollment of his Company, and when so entered, every such person shall be subject to perform all and every the like militia duties, and under the same penalties, as if he had personally presented himself for enrollment. Provided also, That if any difference shall arise between any Captain or

Officer

Penalty for neglect.

Notice.

Exception as to persons above the age of

Absence at the time

prevent the name of any person from being

enrolled.

Age of Militia mian Officer and any Militia-man, touching the age of such Militia-man, it shall how to be proved. be incumbent on the said Militia-man to prove his age.

Militia to be called out on the 4th of June,

or oftener if required, to be reviewed and ex

ercised.

Penalty for neglect ing or refusing to at

tend.

V. And be it further enacted by the authority aforesaid, That the Colonel or Officer commanding each regiment or battalion, shall or the fourth day of June in each and every year respectively, or in case it shall happen on a Sunday, then on the next day, and oftener, if he thinks it necessary, call out the Militia of such regiment or battalion, to be reviewed and exercised, and in his absence from the County, or in case of his removal or death, the said Militia shall be called out by the next senior Officer of such regiment or battalion, and every person liable to serve in such Militia, whether Officer or Private, neglecting or refusing to attending, (except in case of sickness, or having obtained leave of absence) shall forfeit and pay, if an Officer, forty shillings, and if a Non-commissioned Officer or Private, ten shillings; but if it shall appear to the Colonel, or Officer commanding such Regiment or Battalion, to be more conducive to the interest and convenience of such Regiment or Battalion, that the Militia of the same be reviewed at different times, and in separate bodies, it shall and may be lawful for the Colonel or Officer commanding such Regiment or Battalion, to call out a part of the Militia at some convenient time and place, and the remaining part at some other convenient time and place, as to him shall seem meet, and at every such review, the Captain or Officer commanding each Company, shall give to the Colonel, or in his absence, to the next senior Officer, fair written Rolls and returns of rolls of their respective Companies, and the Colonels or other commanding Officers, shall transmit returns to the Governor, Lieutenant Governor or Person administering the Government, within fourteen days after the fourth day Fenalty for neglect, of June, in each and every year, under the penalty of five pounds for each Captain or other Officer commanding a Company, and for each Colonel or Officer commanding a Regiment or Battalion, ten pounds, for each neglect or refusal.

Militia may be retines and in separate

viewed at different

bodies.

the different companies to be given.

Adjutant General to be appointed.

VI. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the Governor, Lieutenant Governor or Person administer(See 31st c 2, 48th c 3, ing the Government, to appoint a proper person to be Adjutant General of the said Militia, who shall do all matters and things appertaining to the said Office of Adjutant General.

& 56th c 7.)

Inspection of arms

VII. And be it further enacted by the authority aforesaid, That the Captains and instraction in duty. of the Militia, shall draw out their respective Companies not less than twice, or more that four times in every year, (giving six days notice thereof) at the most convenient time and place in the County or Riding, and shall inspect their arms, and instruct them in their duties, and every person after such notice as aforesaid, who shall neglect to attend, or shall disobey, whether subaltern Officer or Private, (except in case of sickness or leave of absence) Pennity for non-at- shall forfeit and pay, every Officer the sum of forty shillings, and every Nontendance after notice. commissioned Officer or Private, the sum of ten shillings, for every such neglect or disobedience.

In what manner the Militia to be called forth in time of war.

VIII. And be it further enacted by the authority aforesaid, That in time of war, rebellion, or any other pressing exigency, it shall and may be lawful for

the

Penalty for disobe. dience.

the Governor, Lieutenant Governor, or Person administering the Government, to call forth any of the different Companies of the Militia, and to march them from their respective Counties or Ridings, Towns, Townships, or Parishes, to any part of this Province, there to serve in conjunction with the other Militia, or with His Majesty's forces, and any person refusing to obey such order or command, or absconding from, or neglecting to repair to the place he is ordered to, being a Commissioned Officer, shall forfeit and pay the sum of fifty pounds, and be held to be unfit to serve His Majesty as an Officer in any military capacity, and being a Non-commissioned Officer or Private, shall forfeit and pay the sum of twenty pounds, and in default of payment for such refusal or neglect, such Officer, Non-commissioned Officer, or Private, shall be committed to the common gaol of the District, for any time not less than six nor more than twelve calendar months, except such person shall satisfy the Colonel or officer commanding such Regiment or Battalion to which he belongs, that such refusal or neglect arose from sickness, or that he was absent upon leave. Provided always, That no part of the Militia called forth in the manner aforesaid, shall be obliged to continue in actual service for more than six months at one time, and no Militia-man shall be so called out who shall be above the age of fifty years, unless that the whole of the Militia of any District or Battalion to which he may belong to be called forth. shall be called out and embodied. Provided also, That it shall not be lawful to order the Militia or any part thereof, to march out of this Province, except for the assistance of the Province of Lower Canada, (when the same vince. shall be actually invaded or in a state of insurrection,) or except in pursuit of an enemy who may have invaded this Province, and except also, for the destruction of any vessel or vessels built or building, or any depot or magazine, formed or forming, or for the attack of any enemy who may be embodying or marching for the purpose of invading this Province, or for the attack of any fortification now erected, or which may be hereafter erected, to cover the invasion thereof.

Militia not to serve more than six months at one time.

When a person above fifty years of age

When the Militia to march out of the Pro

Governor, &c. may

call out detachments of

When such detach

ments may be called lonel, lieutenant coldnel, &c.

out by the senior co

IX. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the Governor, Lieutenant Governor, or Person administer- the Militia. ing the Government, to call out detachments of the Militia, and to limit and fix the number of men to be called out on such detachments, and in cases of emergency, by actual invasion, or otherwise, when it may not be practicable to consult the Governor, Lieutenant Governor, or Person administering the Government of this Province, it shall and may be lawful for the senior Colonel, or, in his absence, the Lieutenant Colonel of the several Regiments or Battalions, to limit and appoint the number of men that he shall judge necessary to be called out, and for that purpose to issue his orders to the several Commanding Officers, and also to direct and authorize any Officer, riages and horses. having first obtained a warrant for such purpose from one of His Majesty's Justices of the Peace, to impress such carriages and horses as the service may require, for the use of which, the owner or owners thereof shall be entitled to receive the sum of seven shillings and six pence per day, (a) for every cart or carriage with two horses or oxen, during such time as the same shall be employed or detained on public service. Provided always, That whenever it shall happen that only part of the Militia of this Province shail

Impressing of car

Hire of the same.

(a) See 53rd Geo IT. c 10.

Substitute to serve in the Militia.

ed.

Regiments and bat

be called out for actual service, it shall and may be lawful for any person, being of the Militia of the County or Riding that may be so called out, to provide and send an able bodied man to serve in the said Militia in his stead, and such able bodied man shall be taken and received as a proper substitute for such person living in the County or Riding, that would otherwise be oblig ed to serve in the said part of the Militia called out as aforesaid.

X. And be it further enacted by the authority aforesaid, That in the setalions how to be form- veral Counties and Ridings, where the number of men is sufficient, the Militia shall be formed into Regiments, consisting of not more than ten, nor less than eight Companies, which Companies shall consist of not more than fifty, nor less than twenty private inen, and the Field Officers of such Regiments shall be as follows, that is to say, one Colonel, one Lieutenant Colonel, and one Major, and where the number of Companies shall be under eight, and not less than five, such Militia shall be formed into a Battalion, and the Field Officers of such Battalion, shall be one Lieutenant Colonel and one Major, only, and in each Regiment or Battalion of Militia, there shall be one Captain, one Lieutenant, and one Ensign to each Company.

XI. And be it further enacted by the authority aforesaid, That to every Regiment or Battalion of Militia, there shall be, in addition to the Officers already mentioned, one Adjutant and one Quarter-Master, and that every Field Officer, commanding a Regiment or Battalion, shall fix the number of Serjeants who shall serve in each Company in his Regiment or Battalion, and the Captains of the said Companies shall respectively nominate the Serjeants thus fixed, and make a return of their names to the Field Officer commanding such Regiment or Battalion, who is hereby authorized to approve or disapprove of such nomination. ›

XII. And be it further enacted by the authority aforesaid, That in the several Counties and Ridings where the Militia men are not in number sufficient to form a Regiment or Battalion, according to the intent and meaning of this Act, the Militia of such Counties or Ridings shall be formed into Independent Companies, each Company to consist of not more than fifty, nor less than twenty Private men, with one Captain, one Lieutenant, and one En sign to each Company, and that the Governor, Lieutenant Governor, or Person administering the Government may, when he shall think proper, join together any number of such Independent Companies, and form a Battalion or Battalions, or may incorporate them with any other Regiment or Battalion of Militia, provided the number of Companies in any such Regiment or Battalion be not thereby made to exceed the number of Companies of which a Regiment or Battalion of Militia is herein before directed to consist.

XIII. And be it further enacted by the authority aforesaid, That every Non-commissioned Officer or Private who shall refuse to obey the lawful orders of his superior Officer or Officers, when employed on Militia duty, or who shall quarrel with, or insult by abusive words or otherwise, any Officer or Non-commissioned Officer, being in the execution of his duty, shall, for every such offence, forfeit and pay a sum of money not exceeding five pounds, nor less than ten shillings, current money of this Province, at the

discretion

discretion of the Justice or Justices imposing such fine, and according to the nature of the offence.

XIV. And be it further enacted by the authority aforesaid, That every person who now is enrolled in any Regiment, Battalion, or Independent Company of Militia, shall, within six months after the passing of this Act, and every person who shall hereafter be enrolled of any Regiment, Battalion, or Independent Company of Militia, shall, within six months after such enrollment, provide himself with a good and sufficient musket, fusil, rifle, or gun, with at least six rounds of powder and ball, and shall come provided with the same, at each and every time when he shall be called out, either for the purpose of review, exercise, or actual service, and if any person, so enrolled, shall neglect or refuse to provide himself, or to come so provided, as in the case of review or exercise, he shall, for each offence, be liable to a penalty of five shillings, and in the case of actual service, to a penalty of forty shillings, to be levied in manner hereinafter mentioned: Provided always, That when and so often as any Militia man shall make it appear to his Captain or Officer commanding the Company, that he has not been able to procure such musket, fusil, rifle or gun, it shall and may be lawful for such Captain or Officer commanding such Company, to admit of such excuse, and to certify the same in writing accordingly, in which case such Militiaman shall not be liable to pay the said fine of five shillings in case of review or exercise, and forty shillings in case of actual service.

XV. And be it further enacted by the authority aforesaid, That every person who shall sell or barter any part of the arms or equipments which may be delivered to him out of His Majesty's Stores, or who shall destroy the same, and every person who shall buy, or by barter obtain such arms or 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 credible witness, before two Justices of the Peace, residing within the County where the same has been committed, and in case the person or perSous so selling any part of his or their arms or equipments as aforesaid, or the person or persons obtaining the same in manner aforesaid, being thereof convicted as aforesaid, shall refuse or neglect to pay the said sum of five pounds, it shall and may be lawful for the said Justices by a warrant under their hands and seals, to commit such person or persons to the gaol of the County or District where the offence shall be committed, for any space of time not exceeding two months; Provided always, That it shall and may be lawful for the said Justices to discharge the person or persons so offending, any time before the expiration of the said two months, when the person or persons so convicted as aforesaid, shall tender to the said Justices the penalty inflicted by this Act.

XVI. And be it further enacted by the authority aforesaid, That at all times when the Militia may be called out and embodied for actual service, the Officers, Non-commissioned Officers and Private men of the several Regiments, Battalions and Independent Companies of Militia shall, from the time of their being drawn out and embodied, as aforesaid, and until they

shall

Militia man when called out, shall pro

vide himself with mus ket, &c. and with pow

der and ball.

Penalty for neglect.

Except excused by a certificate from his

commanding officer.

by every person who shall sell or buy arms, &c. delivered out of

Penalty to be paid

the king's stores.

Punishment when the Militia are embo

died for actual service, for using traitorons or gainst the King or any of the Royal Family.

disrespectful words a