discharged after giving the required notice, shall not be liable to be balloted for any period of drill or training of the Active Militia, until all the other men in the first, second and third classes of Militiamen in the Company Division within which they reside; have volunteered or been balloted to serve. The second clause of the above section was temporary, and is therefore printed in italics. 8. No member of a Volunteer Militia Corps, enrolled or re- Notice before enrolled under this Act, shall be permitted to retire therefrom retiring. in time of peace, without giving to his Commanding Officer six months' notice of his intention. 9. Hereafter the period of service in the Volunteer Militia in Period of time of peace shall be three years. service. Militia. favour of men 10. The period of service required of the Regular and And in Regular Marine Militia in time of peace shall be two years, and thence until other men are taken to serve in their stead, or they are relieved by order of Her Majesty; and such of the men as are Exemptions in enrolled in any Service Company of Regular or Marine Militia, serving two for drill and training during any such two years shall not again years. be liable to be taken for drill and training, until all the other* men in the first, second, and third classes of Militiamen, in the same Company division, have volunteered or been balloted to serve. period. 11. Any Volunteer or Regular Militiaman who shall have And of Voluncompleted within the year immediately preceding the day on lar Militiamen, teers or Reguwhich this Act shall come into force, the full term of continuous having already service, according to the tenor of their articles of engagement, served their in the case of Volunteers, or the period of drill and training for which they were taken, in the case of Regular Militiamen, under the laws then existing in any of the Provinces within this Dominion, shall be entitled to such exemption as is accorded to Active Militiamen who complete any period of drill or training Exception, under this Act; save and except that the men who have been as to men balloted under authority of chapter two of the Statutes of the Act of Prov. of late Province of Canada, passed in the twenty-seventh year of Canada, 27 V. Her Majesty's reign, and of the amendments thereto, shall be liable to serve until replaced by Active Militiamen organized under this Act, but shall not thereby be exempt from liability, if balloted to serve in any quota of Militiamen required at any time to be organized under this Act. MILITARY DIVISIONS. balloted under c. 2. 12. Her Majesty may divide Canada into nine Military Dis- Military Districts, viz one comprising the Province of Nova Scotia, one tricts. comprising the Province of New Brunswick, three in the Province of Quebec, and four in the Province of Ontario. By 34 V. c. 17, sec. 2, page 448 post, Manitoba and British Number and limits may be altered by H. M. Regimental, Power to Through what officers orders, to enrolment shall be sent, &c., for Regimental Divi sions. Columbia are each formed into a Military District as if they had been mentioned in this section, and as if the word “eleven" had been used instead of the word "nine" in this section and elsewhere in this Act as the number of Military Districts; And by 37 V. c. 35, sec. 3, page 451 post, the Province of Prince Edward Island is formed into a Military District as if it had been mentioned in this section and as if the word "twelve" had been used in this section and elsewhere in this Act instead of the word"nine" as the number of Military Districts. 13. Her Majesty may alter the Districts, specified in the next preceding section, and increase or diminish the number thereof as may be deemed necessary: and may name the territorial divisions which shall form each of the three Military Districts of Quebec, and each of the four Military Districts of Ontario, and may alter the same from time to time. 14. Her Majesty may, from time to time, divide each Military District into such number of Regimental and Brigade Divisions as may be deemed expedient, and may subdivide such Regimental Divisions into Company Divisions; and may, from time to time, alter such Divisions or increase or diminish the number thereof; but all Military Districts and Divisions existing on the day on which this Act shall come into force shall be continued as such, until altered under the provisions of this Act. ENROLMENT. 15. For each Regimental Division there shall be appointed. &c., relating from the residents therein, one Lieutenant-Colonel and two Majors of Reserve Militia; but such Officers may be appointed from among non-residents in the Regimental Division in exceptional cases in which it shall appear to Her Majesty that such appointments will be more conducive to the interests of the Militia service; All orders and reports, relating to the enrolment at any time of Militiamen within the Regimental Division, shall be sent to, and received through and be acted on by the Lieutenant-Colonel, or in his absence through the senior Major of the Division, for the time being, who shall act instead of the Lieutenant-Colonel during such absence; And for Company Divisions. 2. And for each Company Division there shall be appointed from the residents therein, one Captain, one Lieutenant, and one Ensign of Reserve Militia; and all orders and reports relating to the enrolment at any time of Militiamen within the Company Division shall be sent to, and acted on by the Captain; or in his absence they shall be sent to the next senior officer of the Company Division, for the time being, who shall act instead of the Captain during such absence. By 37 V. c. 35, sec. 5, page 451 post, this sub-section was amended, so as to allow appointments for Company Divisions in any city or town to be made from the residents of the Regimental Division within such city or town. the enrolment 16. The enrolment of the Militia shall be made in each Com- How, when pany Division by the Captain thereof, with the assistance of and by whom the officers and non-commissioned officers of the Company Divi- shall be made. sion;-and it shall be the duty of the Captain, and, under his orders, of the other officers and non-commissioned officers of the Company Division, by actual enquiry at each house therein, and by every other means in their power, to make and complete, on or before the twenty-eighth day of February, in the year one thousand eight hundred and fifty-nine, and on or before the twenty-eighth day of February in each alternate year what it must thereafter, a corrected roll, in duplicate, of the names of all the shew. men in the different classes resident within the Company Division, specifying separately those who are seamen or sailors, or persons engaged in or upon any steam or sailing craft upon the lakes or waters of the Dominion, those who are bond fide enrolled members of any Company of Volunteer Militia, and those who, after the day on which this Act shall come into force, shall have completed such a term of service in the Militia as will by law exempt them until they are again required in their turn to serve: 2. One copy of such roll is to be retained by the Captain, To be made in and the other to be forwarded, on or before the first day of duplicate. April following the taking of the enrolment, to the LieutenantColonel of the Regimental Division, which last-named officer one copy to shall cause a copy of all the rolls of Militiamen in the several Adjt.-General. Company Divisions within the Regimental Division to be forwarded without delay to the Adjutant-General of Militia; Provision if but if from any cause the duties prescribed by this section can- made in time. not in any particular case be carried into effect within the time specified, a special Report of the facts relating to the delay shall be made to the Adjutant-General, who shall, without delay, fix another period within which the enrolment shall be completed and the rolls be forwarded; Roll be not 3. The enrolment shall be held to be an embodiment of all Roll to be embodiment. the militiamen enrolled, and shall render them liable to serve under the provisions of this Act, unless exempt by law. In line 9 of this section:-For "one thousand eight hundred and fifty-nine," read "one thousand eight hundred and sixtynine. This error of the Press does not occur in the French Version. By 37 V. c. 35, sec. 1, page 451 post, the words "in every fourth year after the twenty-eighth day of February in the year one thousand eight hundred and seventy-three" are substituted for the words "in each alternate year thereafter" (in the tenth line of the above section) subject to further provisions. Persons ex empt from By 38 V. c. 8, sec. 3, page 452 post, the words "Officer for the time being commanding the Militia," are substituted for "Adjutant-General of Militia," in the seventh line of sub-section two of this section, and for "Adjutant-General" in the eleventh line of the said sub-section. EXEMPTIONS. 17. The following persons only, between the ages of eighteen enrolment and and sixty years, shall be exempt from enrolment, and from actual service at any time: from serving at any time. Exempt ex cept in special cases, but enrolled. Quakers, &c. Conditions. The Judges of all the Courts of Law or Equity in the Dominion of Canada; The Clergy and Ministers of all religious denominations; The Professors in any College or University and all Teachers in religious orders; · The Warden, Keepers and Guards of the Penitentiaries, and the Officers, Keepers and Guards of all public Lunatic Asylums; Persons disabled by bodily infirmity ; The only son of a widow, being her only support; 2. And the following, though enrolled, shall be exempt from actual service at any time except in case of war, invasion or insurrection: Half-pay and Retired Officers of Her Majesty's Army or Seafaring Men and Sailors actually employed in their calling; Pilots and Apprentice Pilots during the season of navigation; Masters of Public and Common Schools actually engaged in teaching; By 31 V. c. 5, sec. 4, page 22 ante, no officer or person regu larly employed in the collection and management of the Revenue, or in accounting for the same, shall, while he remains such officer, or so employed, be compelled to serve in the militia. Any person bearing a certificate from the Society of Quakers, Menonists or Tunkers, or any inhabitant of Canada, of any religious denomination, otherwise subject to Military Duty, but who, from the doctrines of his Religion, is averse to bearing arms and refuses personal Military Service, shall be exempt from such service when balloted in time of peace, or war, upon such conditions and under such regulations as the Governor in Council may, from time to time, prescribe; claimed. 3. No person shall have the benefit of exemption, unless he Exemption has, at least one month before he claims such benefit, filed must be with the Captain of the Company Division within the limits. whereof he resides, his Affidavit made before some Magistrate (or affirmation in cases where persons are allowed to affirm) of the facts on which he rests his claim; 4. Whenever exemption is claimed, whether on the ground Proof of of age or otherwise, the burden of proof shall be upon the Exemption. claimant ; 5. Exemption shall not prevent any person from serving, if Not to prevent he desires it and is not disabled by bodily infirmity. ACTIVE MILITIA. voluntary service. the Active 18. The Active Militia Force shall consist of Troops of Corps of which Cavalry, Field Batteries of Artillery, Companies of Mounted Militia shall Infantry, Companies of Engineers, Brigades and Batteries consist. of Garrison Artillery, Battalions and Companies of Infantry, and Naval and Marine Corps, in such proportions as Her Majesty shall appoint; and the strength of each such Troop, Battery, Battalion, Company or Corps, shall be regulated, and officers appointed thereto, from time to time, by Her Majesty ; horses. 2. Her Majesty may make regulations for the enrolment of Enrolling such horses as may be necessary for the purposes of Field Batteries of Artillery and Troops of Cavalry; 3. A military train, and a medical staff, as well as commissa- Other corps riat, hospital and ambulance Corps, may be formed whenever the when required. exigencies of the service may require the same, at such places and in such manner, and of such strength, including the proper Officers, as Her Majesty may direct. and taking 19. Every Active Militiaman shall sign a service Roll in Signing Roll which the conditions of his service shall be stated; and every oath of AlleOfficer of Militia, on appointment, and every non-commissioned giance. officer and man, on enrolment, shall take the oath following: "I, A. B., do sincerely promise and swear that I will be Form of oath. faithful and bear true allegiance to Her Majesty." tered. Which oath may be administered by the Commanding Officer How adminisof the Corps, he having previously taken the oath before a Justice of the Peace. 20. Her Majesty may accept the services of Corps of Volun- Corps of teers, under such regulations as may from time to time be Volunteers. made. |