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shall return to their respective Towns, Townships, Parishes or places of abode, remain under the command of the Governot, Lieutenaut Governor or Person administering the Government, or other Officer baving the command of them, and shall be liable to punishment for mutiny and desertion as here. in 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.
Punishment for lo XVII. And be it further enacted by the authority aforesaid, That any Officer, having with contempt, or speaking words to Non-commissioned Officer, or Militia-man, who shall behave himself with the hurt or dislionor of
contempt or disrespect towards the Governor, Lieutenant Governor or the the Governor, &c.
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. ..
Punishment for mu. tiny and sedition.
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.
Punishment for not. XIX. And be it further enacted by the authority aforesaid, That any Officer. press the same, or give
P. Non-commissioned Officer, or Militia-man, who being present at any mutiny information thereof. or sedition, shall not use bis 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 suffet such punishment as by a General Court Martial shall be awarded.
to the enemy.
Punishment for des XX. And be it further enacted by the authority aforesaid, That all Officers
my. Non-commissioned Officers and Militia-men, who shall be convicted of har
ing deserted to the enemy, shall suffer death, or such other punishment as shall be awarded by a General Court Martial.
XXI. And be it further enacted by the auihority aforesaid, 'That any Nonofficer or Militia-man commissioned Officer or Militia-man, who shall quit, or otherwise absent pot to absent himself without furlough, nor himsell from his Regiment, Detachment, attach himself to any lough from his commanding Officer, or who shall withdraw himself froin the biber 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 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 Punishment for re
ceiving, entertaining, and entertain such Non-commissioned Officer or Militia-man, or shall not and not discovering after his being discovered to be a deserter, immediately confine him and such. Non-commission
ed Officer or Militiagive notice to the Regiment, Detachment, Troop or Company in which he man, last served, he the said Officer so offending, shall on being convicted thereof before a General Court Martial, be cashiered.
XXII. And be it further enacted by the authority aforesaid, That if any Offi- Punishment for hav. cer, Non-Commissioned Officer or Militia-man shall be convicted of having
mon houberaniatad of Korima iog 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.
XXIII. And be it further enacted by the authority aforesaid, That when the Mode of ordering and Militia of this Province shall be called out on actual service, in all cases Courts Martia.
of assembling General 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, The members of
? which they shall con. and twelve other Commissioned Officers of the Militia ; Provided always, sister 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 Advo- , Judge. Advocate to
1. be appointed. cate, and that every member of the said Court Martial, before any pro- • ceedings 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 un- Oath to be taken by
the members. derstanding, in the matter now before you, according to the evidence and 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 évidence 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, Oatha to lie taken ty upon any account, at any time whatsoever, disclose or discover the vote or
the Judge Advocate, 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 Oath to lie adminis.
tered to witnesses,
No judgment without but the truth-So help you God. Provided always, That the judgment of
--- Not to be executed the members, and shall not be put in execution, until the Governor, Lieu-
w thereof. Provided always, That no Officer serving in any of His Majesty's forees to sit in such other forces shall sit in any Court Martial upon the trial of any Officer or
Private man serving in the Militia.
Regulations to which XXIV. And be it further enacted by the authority aforesaid, That during the Militia shall be suhject while embodied the time in which the said Militia shall be embodied for actual service, they for actual service.
and every of them, as well Officers as Privatés, 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 con
stituted 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 cor
respondence, or for traitorously delivering up to the enemy, any gårrison,
fortress, post, or guard, any thing herein contained, or any Statute, Law, or Kon-commissioned Usage to the contrary notwithstanding. Provided always, That in no case officer or private ban whore
bure whatsoever, shall any Non-commissioned Officer or Private man, for any hot subject to the py. whatsoever, shall a nishment of being offence by him committed, be subjected to the punishinent of being whipped.
whipped, by the sentence of any Court Martial whatsoever.
Court of Enquiry · XXV. And be it further enacted by the authority aforesaid, That in all cases When to be assembled.
where a Militia Officer not on actual service, shall be guilty or 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 whoni 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 --la what manner to to assemble a Court of Enquiry, which Court shall consist of one Field be constituted.
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 Milita - Report to Go. Officer, and report the evidence in that behalf brought before them, to the terpur, &c.
Governor, Lieutenant Governor or Person administering the Government, for his decision thereon.
ing in the militia ex..... tept in time of actual wervice,
Exemptions from serv. XXVI. And be it further enacted by the authority aforesaid, That except in
bateat 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 respec· tive Officers, the Members of the House of Assembly for the time belog, - and the Officers thereto belonging, His Majesty's Attorney General, Solici. tor General, the Secretary of the Province, and all other Civil Oficers who shall have been or hereafier may be appointed to any civil office in this Province, under the Great Seal of ihe same, as well as all Magistrates, Sheriffs, Coroners, Ilalf-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 bis 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 Not to prevent the
persons so exempted 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 Governor, &c. may this Province, by warrant under his hand and seal, to exempt any of the
+ any of the grant exemptions froin persons herein before enumerated, from being called out on the service aforesaid.
construot holdhus, The personand an
Putenant alware comm? or ev. Hereby
XXVII. And be it further enacted by the authority aforesaid, That the persons called Quakers, Menonists and Tunkers, whů trom certain scruples of Quakers, Menonists
aud. Tunkers, not to be conscience, decline bearing arms, shall not be compelled to serve in the said compelled to 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 Qua- Proof of being suctii ker, Menonist or Tunker, signed by the clerk of the meeting of such society, or by any three or more of the people called Quakers, Menopists or Tun
Manonista or Tun (See 50th Geo. HL.
011.) kers, 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 Deceinber in each and every year, give in his name and place of residence to the Treasurer of the District, Tò give in their names
h' &c. to the treasurer of. where he or they shall reside, and pay 10 such Treasurer, to and for the pube lic uses of such District, in time of peace, the sum of twenty shillings, and reside. in time of actual invasion or insurrection, or when any part of the Militia of to be inade & 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 lime of peace, and fire pounds per annum in time of actual invasion or 'insurrection, (a) or when any part of the Militia of (a) See 51st Geo. III. that District shall be called out on actual service, deducting therefrom the c7, charges and all other incidental expences of such distress and sale, as well as the expences of summoning such offenden before such Justice, to answer the said information and complaint, and the said sums so levied by the said in case of non pav.. Justice as aforesaid, shall be by him, within the space of two calendar ment
so recovered how to lje months, paid into the bands of the Colonel, or in his absence, the next senior paid and applied.
Vy'the same buie said distress face pounds per anilitia of
ment, distress mon
Officer of the Regiment, Battalion or Independent Company of the division where the offence has been cominitted, 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, of such distress.
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 nerertheless, Tbat no person or persons so convicted, shall
in any case, be detained in custody longer than the space of one calendar Circumstances noder month ; Provided also, and it is hereby further enacted, That each and every which Quakers &c. shall of the persons usually called Quakers, Menonists and Tunkers, that have not be liable to pay.
attained the age of lifty 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.'
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 Gomilitia opon lakes, rio vers, communications, vernment of this Province, to employ the Militia of this Province, either up. &o. in such detach- on land arunon the i. ments as he shall think
i on land or upon the lakes, rivers and communications thereof, in such par
ties or detachments as by him shall be deemed expedient.
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 occa
sions, to call out detachments of the Militia ; Be it therefore enacted by the ersons shall authority aforesaid, That the persons to serve on such detachment, shall be be taken to serve ou regularly taken, from time to time, as they shall be required, from a roster such delachments.
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 ihe 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, Battalion or Independent Company, shall give notice to the persons of ther turn of duty,
for detachments es detail for the Govis Province, come on board. You
Governor, &c. may XXX. And be it further enacted by the authority aforesaid, That when any appoint detachments to serve on board of yes. 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 guns and small arms, and station thein 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, upor of this Province, and also train them to the any of the lakes, rivers or communications by water of this Province, W. use of great guns and
great guns or artillery, as well as with small arms, as occasion may require, artillery.
and shall and may appoint them to be stationary in any of the creeks or bara bours of the said lakes, or in any of the rivers of the Province, and also to trai and exercise the same to the use of great guns and artillery, as well byla as by water.