Each Company in a Regimental Division to furnish its quota ; 21. Any Volunteer Corps may enter into any articles of engagement and make Regulations not inconsistent with this Act, to be approved by Her Majesty; but the Commanding Officers of all Corps of Volunteer Militia shall be responsible that their Corps respectively are kept up to the full strength; and in the event of failure of any Corps to maintain such complement of men for each respectively as Her Majesty may consider necessary for its efficiency or of any Corps becoming inefficient, Her Majesty may disband such Corps; and may also disband any Corps of Volunteer Militia if considered necessary to do so. BALLOTING. 22. At any time when Militiamen are required to be drafted in any Regimental Division, each Company Division therein shall, subject to the provisions of the two sections immediately following the present section, contribute its quota according to the number of Militiamen on the rolls and liable to serve, of the Company divi- class, or classes, from which the men are to be taken; and when sions to receive Volunteer, or Regular, or Marine Militiamen, are accepted or furnished. taken or balloted to serve in any quota, the Company Division or Divisions furnishing the men shall receive credit therefor; and the Active Militiamen taken, or accepted, and enrolled for service, from time to time, in any Company or Regimental Division, shall be attached or appointed to such Companies, Corps, or Battalions of the Active Militia as Her Majesty may order: credit for men Men drafted to to Corps, &c. be appointed If a Volunteer Corps is disbanded. 2. When a Volunteer Corps in any Regimental Division for any cause ceases to exist, Her Majesty may make good the quota of that Division by the organization of Regular Militiamen to Service Com replace such Corps; and when Companies of Regular Militiamen are taken or balloted in any Regimental Division, they shall be called the Service Companies thereof; panies. Filling vacan cies in Service 3. When by reason of death or removal, vacancies occur in Companies. any Service Company of Militia organized under this Act, such vacancies shall be filled by other men to be drawn from the Reserve Militia, in the same manner as the men for that Corps were originally supplied. Provisions for number of for the quota. 23. When Active Militiamen are required to be organized at balloting if the any time, either for drill or for actual service, and enough men Volunteers are do not volunteer in any Company Division to complete the quota not sufficient required from that division, the men enrolled in the first class and liable to serve shall be first balloted, and if the number of men required to be balloted, is greater than the whole number of men in the first class, then the number requisite to make up the deficiency shall be taken from those in the second class, and if more men than the whole number in the first and second classes are still required, then the number requisite to make up the deficiency shall be taken from the third class, and in like manner, if more men than are in the first, second, and third classes, are still required, then the number requisite to make up the defi sons in one family. ciency shall be taken from the fourth class: but at no time shall Proviso: as to more than one son belonging to the same family residing in the same house, if there be more than one inscribed on the Militia Roll, be drawn, unless the number of names so inscribed be insufficient to complete the required proportion of service men. may volunteer Divi sion 2. Any man not taken for service for the time being in any Men not taken Corps organized in the Regimental Division in which he resides, for service may volunteer to serve in any Corps in any Regimental Divi- in adjacent sion contiguous thereto, and in such case the Company Divi- Regimental sion in which he resides, shall have credit for such volunteer; and the man shall, on completing his full period of service, be entitled to the same exemption in his Company Division, as Exemption on though he had served with men raised therein for the same service. period. completing his has furnished 24. When any Company Division shall have furnished more When a Commen than its quota, as compared with other Company Divisions pany Division in the same Regimental Division, such Company Division shall more than its not again be called upon in time of peace for more men, until quota. the other Company Divisions have supplied men to equalize the proportion for each, according to the number of names inscribed on the Militia Rolls thereof respectively. ballot, enrol Governor in 25. The Governor in Council may from time to time make Regulations regulations for taking the enrolment and ballot; for fixing the respecting day on which the taking of the enrolment shall be commenced ment, &c. in each of the several Military Districts respectively; for noti- to be made by fying the men liable to be taken, or those balloted in any Com- Council. pany Division for service in any quota; for finally deciding claims of applicants for exemption, and for the administration of Oaths before Justices of the Peace or the Commanding Officers of Corps, to ascertain any facts in reference to such claim of exemption; for medical examinations; and for the discharge of such men as are unfit to serve and relating to every other matter and thing not inconsistent with this Act, and Exemption necessary to be done, in the enrolling, balloting, warning and on providing bringing into service, of such numbers of the Volunteer, the a substitute, Regular, the Marine, or the Reserve Militiamen in any Com- on payment pany Division as are required at any time; but any Militiaman balloted and notified for service may, at any time, be exempt, until again required in his turn to serve, by furnishing an acceptable substitute, on or before the day fixed for his appear- tute is drawn ance, or, in time of peace, by forthwith paying to the Captain his principal of the Company Division within which he resides, the sum must supply of thirty dollars, which said sum, shall by the Captain be paid to another man who is approved, and is willing to serve as substitute for such balloted man; but, if during any period of service, any man who is serving in the Active Militia as a substitute for another, shall become liable to service in his own person, he shall be taken for such service, and his place as sub of $30. If the substi Service man years. stitute shall be supplied by the Militiaman in whose stead he was serving. 26. Any Active Militiaman who may, during any period of at:aining 45 service, attain the age of thirty years or forty-five years, according to his class, shall notwithstanding be required to complete the full period for which he volunteered or was balloted to serve. By whom and on what occasions the out. 27. By 36 V. c. 46, sec. 1, page 449 post, this section was amended by substituting the words printed in small type for the first portion, allowing the remainder to stand unaltered. "The Active Militia, or any corps thereof, shall be liable to be called out for active service with their arms and ammunition, in aid of the civil power in any case in which a riot, disturbance of the peace or Active Militia other emergency requiring such service occurs, oris, in the opinion of the may be called civil authorities hereinafter mentioned, anticipated as likely to occur, and, (in either case) to be beyond the powers of the civil authorities to suppress, or to prevent or deal with, whether such riot, disturbance or other emergency occurs, or is so anticipated within or without the municipality in which such corps is raised or organized: and it shall be the duty of the Senior Officer of the Active Militia present at any locality to call out the same or any portion thereof as he considers necessary for the purpose of preventing or suppressing any such actual or anticipated riot or disturbance, or for the purpose of meeting and dealing with any such emergency as aforesaid, when thereunto required in writing by the Chairman or Custos of the Quarter Sessions of the Peace, or by any three magistrates, of whom the Warden, Mayor or other head of the municipality or county in which such riot, disturbance or other emergency occurs, or is anticipated as aforesaid, may be one; and to obey such instructions as may be lawfully given him by any magistrate in regard to the suppression of any such actual riot or disturbance, or in regard to the anticipation of such riot, disturbance or other emergency, or to the suppression of the same, or to the aid to be given to the civil power in case of any such riot, disturbance or other emergency; and every such requisition in writing as Commanding aforesaid shall express on the face thereof, the actual occurrence of a riot, disturbance, or emergency, or the anticipation thereof, requiring such service of the Active Militia in aid of the civil power for the suppression thereof and every Officer, non-commissioned officer and man of such Active Militia or any portion thereof, shall on every such occasion, obey the orders of his Commanding Officer: and the officers and men, when so called out, shall, without any further or other appointment, and without Commanding taking any oath of office, be special constables, and shall be considered to act as such so long as they remain so called out; but they shall act only as a military body, and shall be individually liable to obey the orders of their Military Commanding Officer only. Requisition must be in writing. They must obey their Officer. Officers and men to be special constables; but to obey their Military Officer only. To be paid by munici what rates. "And they shall, when so employed, receive from the Munipality, and at cipality in which their services are required, the following rates of pay, that is to say: Officers, the same pay as that of Officers of corresponding rank in Her Majesty's Service, with an additional sum to each mounted Officer of two dollars per day, and non-commissioned Officers and Privates the sum of one dollar each per day with an additional sum of one dollar per day for each horse actually and necessarily used cr employed on such occasion, and they shall be also provided with proper lodging by such Municipality;-and the said sums, and the value of Recovery if not paid. such lodging, if not furnished by the Municipality, may be recovered from it by the Officer Commanding the Corps, in his own name, and when received or recovered shall be paid over to the Officers and men entitled thereto. ADJUTANT-GENERAL. 28. This section was repealed by 38 V. c. 8, sec. 1, page 452 post, and the following substituted.: “There shall be appointed to command the Militia of the Dominion Qualification of Canada, an officer holding the rank of Colonel, or superior rank there- and appoint to, in Her Majesty's regular army, who shall be charged, under the ment of officer orders of Her Majesty, with the military command and discipline of the commanding Militia, and who, while holding such appointment, shall have the rank rank and pay. of Major General in the Militia of Canada, and shall be paid at the rate of four thousand dollars per annum in full of all pay and allowances." 29. This section was repealed by 38 V. c. 8, sec. 1, page 452 post, and the following substituted: the militia, "29. There shall be an Adjutant-General of Militia at Head Quarters, Adjutantwho shall have the rank of Colonel in the Militia, and shall be paid at the General at rate of twenty-six hundred dollars per annum. head-quarters, rank and pay. 2. The Governor in Council shall from time to time, make such orders Duties of as may be necessary respecting the duties to be performed by the Officer militia officers. commanding the Militia, by the Adjutant-General, and by the officers of the militia generally." DISTRICT STAFF. 30. In and for each of the nine Military Districts mentioned D. A. G. in in section twelve of this Act, there shall be appointed one Districts each Military Deputy Adjutant-General of Militia, who shall have the rank of Lieutenant-Colonel, and who shall command the Militia in his District; and he shall be paid at the rate of one thousand two Pay. hundred dollars per annum. See note to section 12 (page 423 ante) as to the number of Military Districts. 2. There shall also be appointed in each of the Military Staff and other Districts aforesaid such Staff Officers and such other Officers as officers. may be necessary; and the salaries of such Officers shall be Pay. fixed by the Governor in Council. OFFICERS. sioned Officers. 31. Commissions of Officers in the Militia shall be granted Commissions: by Her Majesty during pleasure, and all non-commissioned non-commisofficers in the Militia shall be appointed by the Officer commanding the Corps or Battalion to which they belong, and shall hold their rank during pleasure. This sub-section was repealed by 38 V. c. 8, sec. 2, page 452 post, and the following substituted. Commissions need not be enregistered in full; exception. Officers holding commissions when this Act passes. Proviso. Commissions of officers in the Militia, except the Officer commanding the Militia, the Adjutant-General and Deputy Adjutants-General, need not be enregistered at full length, but a record of them shall be kept in the office of the Adjutant-General. 32. Officers holding Commissions in the Militia in any of the Provinces of the Dominion, on the day on which this Act shall come into force, may be placed on the retired list, with or without a step of honorary rank to those below the rank of Lieutenant-Colonel; and Her Majesty may appoint officers from the retired list to Commissions in the Militia; but no Officer from the retired list shall be bound to serve in the Militia in a lower grade than that of his retired rank. Conditions of 33. No person shall be appointed an Officer in the appointment Active Militia, except provisionally, until he has obtained a qualification. certificate of fitness from one of the Military Schools of as regards Certificates from Schools of Military Instruction, &c. the Dominion or a Board of Officers of the Active Militia, to be constituted as Her Majesty may appoint; or unless he had obtained a certificate from one of the Schools of Military Instruction heretofore established in the late Province of Canada, or from any Board of Officers which had been appointed for that purpose in any of the Provinces of the Dominion; and Her Majesty may prescribe conditions as to the qualification Boards for ex- of Officers of different grades, by General Order; and may order the assembling of such Boards, as often as may be expedient; and may dispense with the conditions of this section in the case of men who have served as officers or non-commissioned officers in Her Majesty's regular army: amination. Rank limited Proviso. And when called out. Staff Officers. 2. In time of peace no person except the Adjutant General shall hold higher rank in the Militia than that of LieutenantColonel, but officers at the time when this Act shall come into force, holding the rank of Colonel, shall retain the same; 3. Her Majesty may, however, when the Militia is called out, and the exigencies of the service so require, appoint therein Colonels and other Officers of superior rank, in no case to exceed that of Major General. By 34 V. c. 17, sec. 3, page 448 post, sub-sections two and three of the above section are amended so as to allow Her Majesty whenever in her opinion the efficiency of the service requires it to appoint Colonels and other officers of superior rank in the Militia not to exceed that of Major-General. 34. Her Majesty may appoint Staff Officers of the Militia with such rank as from time to time may be found requisite or necessary for the efficiency of the Militia service; and such Staff Officers shall have such rank and authority in the Militia as are held relatively in Her Majesty's service, and their duties shall be such as may from time to time be prescribed. |
