Camp or Camps, be subject to the Queen's Rules and RegulaSubject to Mutions, the Mutiny Act and the Rules and Articles of War, and tiny Act, &c. to such other Orders, Rules and Regulations, of whatever nature or kind to which Her Majesty's Troops are subject. Associations tioned. RIFLE AND DRILL ASSOCIATIONS. 58. Her Majesty may sanction the organization of Rifle may be sanc- Associations, and of associations for purposes of Drill and of independent Companies of Infantry composed of professors, masters or pupils of Universities, Schools or other public Institutions, or of persons engaged in or about the same, or of Militia Officers, or of men on the Militia Rolls, under such regulations as may, from time to time, be approved by Her Majesty; but such Associations or Companies shall not be provided with any clothing or allowance therefor. Proviso. Arms &c., for pupils. Commanding Officer may call out on sudden emergencies. H. M. may call war, &c. Period of service. MILITARY INSTRUCTION IN SCHOOLS AND COLLEGES. 59. There shall be furnished to every Normal School, University, College or School in Canada, in which there shall be instituted classes of instruction in Military Drill and exercises under regulations prescribed by Her Majesty, arms and accoutrements necessary for the instruction of the pupils thereof over the age of twelve years. CALLING OUT THE MILITIA. 60. The Officer commanding any Military District or Livi sion, or the Officer commanding any Corps of Active Militia, may, upon any sudden emergency of invasion or insurrection, or imminent danger of either, call out the whole or any part of the Militia within his command, until the pleasure of Her Majesty is known, and the Militia so called out by their Commanding Officer shall immediately obey all such orders as he may give, and march to such place within or without the District or Division as he may direct, 61. Her Majesty may call out the Militia or any part thereout in case of of for actual service, either within or without the Dominion, at any time, whenever it appears advisable so to do by reason of war, invasion or insurrection, or danger of any of them; and the Militiamen, when so called out for actual service, shall continue to serve for at least one year from the date of their being called out for actual service, if required so to do, or for any longer period which Her Majesty may appoint : reliefs. Militiamen for 2. Her Majesty may, from time to time, direct the furnishing by any Regimental Division, of such number of Militiamen as may be required either for reliefs, or to fill vacancies in Corps on actual service; 3. Whenever the Militia or any part thereof are called out Militia called for actual service by reason of war, invasion or insurrection, may be commanded by Her Majesty may place them under the orders of the Com- Commander of mander of Her Regular Forces in Canada. any H. M. Forces. service. 62. In time of war no man shall be required to serve in the Period of field continuously for a longer period than one year; but man who volunteers to serve for the war or for any longer period than one year shall be compelled to fulfil his engagement; but Her Majesty may, in cases of unavoidable necessity (of which May be exnecessity Her Majesty shall be the sole judge), call upon any tended in case Militiaman to continue to serve beyond his period of general service, or voluntary engagement, or beyond his one year's service in the field, for any period not exceeding six months. of necessity. when called 63. Whenever the Militia or any part, or Corps, thereof, Pay of Militia shall be called out for actual service, the Officers, non-com- out. missioned officers and men so called out shall be paid at such rates of daily pay as are paid to Officers, non-commissioned officers and men of the relative and corresponding grade in Her Majesty's Service, or such other rates as may for the time being be fixed by the Governor in Council. and to articles of War when called out, &c. 64. The Active Militia shall be subject to the Queen's Reg- Active Militia to be subject ulations and Orders for the army; and every Officer and man to H M'3. of the Militia shall, from the time of being called out for actual Regulations service, and also during the period of annual drill or training under the provisions of this Act, and also during any drill or parade of his corps at which he may be present in the ranks or as a spectator, and also while wearing the uniform of his Corps, be subject to the Rules and Articies of War and to the Act for punishing mutiny and desertion, and all other laws then applicable to Her Majesty's Troops in Canada, and not inconsistent with this Act; except that no man shall be subject to any corporal punishment except death or imprisonment for any contravention of such laws; and except also that Her Majesty may direct that any provisions of the said laws or regulations shall not apply to the Militia Force; but any Officer, non-commissioned officer or man charged with any offence committed while serving in the Militia, shall be held liable to be tried by Trial by Court Court Martial, and if convicted to be punished therefor, within Martial after six months after his discharge from the Militia or after the relief. Corps to which he belongs or belonged is relieved from actual service, notwithstanding that he shall have been so discharged from the Active Militia, or that the Corps to which he belonged shall have been so relieved from actual service and any Offi Exception. Exception. discharge or cer, non-commissioned officer or private of the Militia may be Trial for de tried for the crime of desertion at any time, without re- sertion. ference to the length of time which may have elapsed since his desertion. 65. It shall be the duty of the Captain or other Officer com- Keeping Rolls pany. Duty of Com jutant. of each Com- manding any company of Active Militia, with the assistance of the Officers and non-commissioned officers of his Company, to make and keep at all times a correct Roll of the Company in manding Offi- such form as Her Majesty may direct; and it shall be the cer and of Ad- duty of the Lieutenant-Colonel or other Officer commanding any battalion of Active Militia, and under him especially of the Adjutant, to see that the Company Rolls above referred to are properly made out, and corrected from time to time by the Captains or other Officers commanding companies in such Battalion, and to report such Officers as fail to perform their duty in this respect. Attendance at rendez-vous. Absence for 7 days, deser tion. Provision for killed. 66. Each Militiaman called out for actual service shall attend at such time and place as may be, required by the Officer commanding him, with any arms, accoutrements, ammunition and equipment he has received, and with such provisions as such Officer may direct. 67. Any Militiaman who when called out for actual service, shall without leave absent himself from his Corps, for a longer period than seven days, may be tried by Militia Court Martial as a deserter. 68. When any Officer or man is killed in actual service, or family of men dies from wounds or disease contracted on actual service, provision shall be made for his wife and family out of the public funds: And for men disabled. 2. And all cases of permanent disability arising from injuries permanently received or illness contracted on actual service, shall be reported on by a Medical Board, and compensation awarded, under such regulations as may be made from time to time by the Governor in Council; and any medical practitioner who shall sign a false certificate in any such case, shall incur a penalty of four hundred dollars. Governor in tions. REGULATIONS FOR BILLETING AND CANTONING TROOPS AND 69. The Governor in Council may make regulations for the make regula- billeting and cantoning of Troops and Militia when on active service, for the furnishing of carriages, horses and other conveyance for their transport and use, and for adequate compensation therefor, and may by such regulations impose fines not exceeding twenty dollars, and imprisonment in cases of default of payment of such fines. Penalty for refusing conveyance. 70. Any person lawfully required under this Act or by any regulation made under the authority thereof, to furnish any railway car or engine, boat or other craft, for the conveyance or use of any Troops or Militia, who neglects or refuses to furnish the same, shall thereby incur a penalty not exceeding four hundred dollars for each such offence. Nuns. 71. Nothing in this Act contained or in any regulations Not to be made under the authority thereof shall be construed to author- quartered on. ize the quartering or billeting of any Troops or Militia, either on a march or in cantonment, in any Convent or Nunnery of any Religious Order of females, or to oblige any such Religious Order to receive such Troops or Militia, or to furnish them with lodging or house room. COURTS OF ENQUIRY AND COURTS MARTIAL. 12. By 36 V. c. 46, sec. 2, page 450 post, this Section was repealed and the following substituted. Courts Mar Her Majesty may convene Courts of Enquiry and appoint officers Her Majesty of the Militia to constitute such Courts, for the purpose of investigating may convene and reporting on any matter connected with the government or discipline Courts of Enof the Militia, and with the conduct of any officer, non-commissioned quind officer or private of the force; and shall have power at any time to convene Militia Courts Martial, and to delegate power to convene such Courts, and to appoint officers to constitute the same, for the purpose of trying any officer, non-commissioned officer or private of the Militia for any offence under this Act and to delegate also power to approve, confirm, mitigate or remit any sentence of any such Court; but no Provise. officer of Her Majesty's regular army on full pay shall sit on any Militia Court martial. powers, &c., 73. The regulations for the composition of Militia Courts Regulations of Enquiry and Courts Martial, and the modes of procedure respecting, and and powers thereof, shall be the same as the regulations which of such Courts. may at the time be in force for the composition, modes of procedure and powers, of Courts of Enquiry and Courts Martial for Her Majesty's regular army, and which are not inconsistent with this Act; and the pay and allowances of Officers and others attending such Courts may be fixed by the Governor in Council. 14. No Militia Officer or Militiaman shall be sentenced to Sentence of death by any Court Martial except for mutiny, desertion to the death in certain cases only. enemy, or traitorously delivering up to the enemy any garrison, fortress, post or guard, or traitorous correspondence with the enemy; and no sentence of any General Court Martial shall be carried into effect until approved by Her Majesty. OFFENCES AND PENALTIES. performed. 75. Any Officer commanding a Corps of Militia, who shall Claiming pay knowingly claim pay on account of any drills performed with for drills not his Corps, for any man belonging to any other Corps of Militia, shall be guilty of a misdemeanour, and shall likewise be liable to be tried and punished by Court Martial; and any officer Including men commanding a Corps of Militia, who shall include in any not duly onparade state or other Return, any man not duly enrolled and rolled. attested as a Militiaman, shall be guilty of a misdemeanour, and shall be likewise liable to be tried and punished by Court Martial; and any non-commissioned officer or private of the Militia who may claim or receive pay on account of any drill for drill per performed in the ranks of any other than his own proper Corps, shall be guilty of a misdemeanour, and shall likewise be liable to be tried and punished by Court Martial. Claiming pay formed with another Corps. Fraudulently of men. Signing false parade state, 76. Any officer or non-commissioned officer of the Militia retaining pay who obtains, under false pretences, or who retains or keeps in his own possession, with intent to apply to his own use or benefit, any of the pay or moneys belonging to any Officer, non-commissioned officer or private of any Corps, shall be guilty of a misdemeanour, and shall be dismissed the service; and any Officer or non-commissioned officer who may sign a false parade state, roll, or pay-list, or any false return whatever, shall be guilty of a misdemeanour, and shall be likewise liable to be tried by Court Martial for the offence; and any person making an Affidavit or Declaration required in and by this Act, or by any regulation made under the authority thereof, and swearing or declaring falsely therein, shall be guilty of perjury. roll, etc. False swearing, etc. Refusing to give informa false. 77. Any person of whom information is required by any tion, or giving Officer, or non-commissioned officer, making any Militia Roll, in order to enable him to comply with the provisions of this Act, refusing to give such information or giving false information, shall forfeit and pay a penalty not exceeding twenty dollars for each item of information demanded of him and falsely stated, and the like sum for each individual name that may be refused, concealed or falsely stated, and every person refusing to give his own name and proper information, when applied to as aforesaid, or giving a false name or information, shall forfeit and pay a penalty not exceeding twenty dollars : Refusing to make enrol & c. 2. And any Officer or non-commissioned officer of the Militia, ment, ballot, refusing or neglecting to make any enrolment or ballot or to make or transmit, as herein prescribed, any roll or return, or copy thereof, required by this Act or by any regulation made under the authority thereof, shall incur a penalty, if an Officer, not exceeding fifty dollars, if a non-commissioned officer, not exceeding twenty-five dollars for each offence. Men drafted, to take oath. 78. Any Militiaman, drafted or liable to be drafted for &c., refusing service, who shall refuse or neglect to take the oath hereinbefore prescribed, when tendered to him by a Justice of the Peace or by any Commissioned Officer in command of the Corps to which such Militiaman belongs, or in whose district he resides, shall be subject to imprisonment for a period not exceeding six months, and for every subsequent neglect or refusal to take such oath shall be subject to a further imprisonment not exceeding twelve months; and he may on due proof in either case |