be summarily committed upon the warrant of any two Justices of the Peace. parade, &c. &c. 79. Any Officer, non-commissioned officer or private who Personating shall falsely personate another at any parade of the Militia, or others, at on any other occasion, for any of the purposes required by this Act, shall be liable to a fine not exceeding one hundred dollars, and shall be guilty of a misdemeanour; and any Officer or non- Refusing to commissioned officer of the Militia refusing or neglecting to assist in assist his Commanding Officer in making any roli or return, or making Rolls, refusing or neglecting to obtain or to assist him in obtaining any information which he may require in order to make or correct any roll or return, shall incur a penalty, if an Officer, not exceeding fifty dollars; if a non-commissioned officer, not exceeding twenty-five dollars for each offence; and any person. refusing or neglecting to give any notice or information neces- information sary for making or correcting the Roll of any Company, which for them. he is required by this Act to give to the Commanding Officer of such Company or to any Officer or non-commissioned officer thereof demanding the same at any seasonable hour and place, shall incur a penalty of ten dollars for each offence. Or to give attend drill. Militia at 80. Any Officer, non-commissioned officer or private of the Refusing to Militia who, without lawful excuse, neglects or refuses to attend any parade or drill or training at the place and hour appointed therefor, or who refuses or neglects to obey any lawful order at or concerning such parade, drill or training shall incur a penalty, if an Officer, of ten dollars, if a non-commissioned, officer or private, of five dollars, for each offence; and absence for each day shall be held to be a separate Hindering offence; and any person who interrupts or hinders any Militia Drill. at Drill, or trespasses on the bounds set out by the proper Officer for such Drill, shall incur a penalty of five dollars for each offence, and may be taken into custody and detained by any person by the order of the Commanding Officer, until such Drill be over for the day; and any officer, non-com- Insolent or missioned officer or private disobeying any lawful order of behaviour. his superior Officer, or being guilty of any insolent or disorderly behaviour towards such Officer, shall incur a penalty, if an Officer of twenty dollars, if a non-commissioned officer or private of ten dollars for each offence. disorderly arms in proper or order. 81. Any non-commissioned officer or private who fails to Not keeping keep in proper order any arms or accoutrements delivered intrusted to him, or who appears at drill, parade, or on any other occasion, with his arms or accoutrements out of proper order, or unserviceable, or deficient in any respect, shall incur a penalty of four dollars for each such offence; and any person Disposing of who unlawfully disposes of or removes any arms, accoutrements or other articles belonging to the Crown, or who refuses to deliver up the same when lawfully required, or has the same in his possession, except for lawful cause (the proof of them, &c. Proviso. which shall lie upon him), shall incur a penalty of twenty dollars for each offence;-but this shall not prevent such offender from being indicted and punished for any greater offence if the facts amount to such, instead of being subjected to the penalty aforesaid;-and any person charged with any act subjecting him to the penalty imposed by this section may by order of a be arrested by order of the Magistrate before whom the complaint is made, upon affidavit shewing that there is reason to believe that such person is about to leave Canada carrying with him any such arms, accoutrements or articles. Arrest, &c., J. P. Refusing to aid the Civil power. Resisting draft, &c. Contravening way. 82. Any Officer, non-commissioned officer or private of the Militia who, when his corps is lawfully called upon to act in aid of the civil power, refuses or neglects to go out with such Corps, or to obey any lawful order of his superior Officer, shall incur a penalty, if an Officer not exceeding forty dollars, if an non-commissioned officer or private, not exceeding twenty dollars for each offence. 83. Any person who resists any draft of men enrolled under this Act, or counsels or aids any person to resist any such draft, or in the performance of any service in relation thereto, or counsels any drafted man not to appear at the place of rendezvous, or wilfully dissuades him from the performance of any duty required by law of Militiamen, shall, upon conviction thereof, be subject to a fine of not exceeding one hundred dollars, or to imprisonment not exceeding six months, or to both of the said punishments. 84. Any person who wilfully contravenes any enactment of this Act in any this Act, shall, when no other penalty is imposed for such contravention, incur a penalty not exceeding twenty dollars for each offence; but this shall not prevent his being indicted and punished for any greater offence if the facts amount to such. How recoverable. RECOVERY OF PENALTIES. 85. All penalties incurred under this Act shall be recoverable, with costs, by summary conviction on the evidence of one credible witness, on complaint or information before one Justice of the Peace; and in case of non-payment of the penalty immediately after conviction, the convicting Justice may comImprisonment mit the person so convicted and making default in payment of such penalty and costs, to the common jail of the territorial division for which the said Justice is then acting, or to some house of correction or lock-up house situate therein, for a period of not more than forty days when the penalty does not exceed twenty dollars, and for a period of not more than sixty days when it exceeds the last mentioned sum. if not paid. On whose complaint only PROSECUTIONS. 86. No prosecution against an Officer of the Militia for prosecutions any penalty under this Act or under any regulation made under the authority thereof, shall be brought except on the should be brought. complaint of the Adjutant-General; and no such prosecution against any non-commissioned officer or private of the Militia, shall be brought except on the complaint of the Commanding Officer or Adjutant of the Battalion or Corps, or Captain of the Company or Corps to which such non-commissioned officer or private belongs; but the Adjutant-General may authorize any Officer of Militia to make such complaint in his name, and the authority of any such Officer alleging himself to have been so authorized to make any complaint, shall not be controverted or Within what called in question except by the Adjutant-General; and no time. such prosecution shall be commenced after the expiration of six months from the commission of the offence charged, unless it be for unlawfully buying, selling or having in possession arms, accoutrements or other articles delivered to the Militia, or for desertion. By 38 V. c. 8, sec. 3, page 452 post, the words " Officer for the time being commanding the Militia" are substituted for the words "Adjutant General" in the fourth, ninth, and thirteenth lines of this section. valid. 87. Every bond to the Crown entered into before any Judge Bonds under or Justice of the Peace, or officer authorized to take the same, this Act to be by any person under the authority of this Act, or according to any General Order or Regulations made under it, for the purpose of securing the payment of any sum of money, or the performance of any duty or act hereby required or authorized, shall be valid and may be enforced accordingly. to the Crown. 88. Every sum of money which any person or corporation is Recovery of under this Act liable to pay or repay to the Crown, or which is sums payable equivalent to the damages done to any arms or other property of the Crown used for Militia purposes, shall be a debt due to the Crown, and may be recovered as such. actions, &c., 89. Every action and prosecution against any Officer or In what local person, for anything done in contravention to this Act, or to any jurisdiction regulation made under the authority thereof, shall be laid and shall be tried in Quebec in the district, and in Ontario, New Brunswick brought. and Nova Scotia, in the county, where the act complained of was done, and shall not be commenced after the end of six months from the date of such contravention, except as hereinbefore provided;-and in any such action the defendant may General issue. plead the general issue and give this Act and the special matter in evidence at the trial;-and no plaintiff shall recover in any Tender of such action if a tender of sufficient amends was made before the amends. action was brought, or if a sufficient sum of money has been paid into Court by the defendant after the action was brought: 2. But no action or prosecution shall be brought against any Actions for Officer or person, for anything purporting to be done under the things done in this Act. pursuance of authority of this Act, until at least one month after notice in writing of such action or prosecution has been served upon him, or left at his usual place of abode; in which notice the cause of action, and the Court in which it is to be brought, shall be stated, and the name and place of abode of the Attorney endorsed thereon. H. M. may re 90. Every penalty when recovered shall be paid over to the mit penalties. Receiver-General: but Her Majesty may remit any penalty incurred under the provisions of this Act. Orders, &c., writing, unless NOTICES, ORDERS, &C. 91. It shall not be necessary that any order or notice under need not be in this Act be in writing, unless herein required to be so, provided herein required it be communicated to the person who is to obey or be bound by it, either directly by the Officer or person making or giving it, or by some other person by his order. 80 to be. General Orders in Canada Gazette. Notifying orders. Proof of com 92. All General Orders of Militia, or other Militia Orders issued through or by the Adjutant-General, shall be held to be sufficiently notified to all persons whom they may concern, by their insertion in the Canada Gazette;-and a copy of the said Gazette purporting to contain them shall be evidence of such orders. By 38 V. c. 8, sec. 3, page 452 post, the words " Officer for the time being commanding the Militia" are substituted for the words "Adjutant-General," in the second line of this section. 93. Every Order made by the Commanding Officer of any Corps of Militia shall be held to be sufficiently notified to all persons whom it may concern by insertion in some newspaper published in the Regimental Division, in which such Corps is situated, or, if there be no such newspaper, then by posting a copy thereof on the door of every place of public worship or of some other public place, in each Company Division affected by such orders. 94. The production of a Commission or appointment, warmissions, &c. rant or order in writing, purporting to be granted or made according to the provisions of this Act, shall be primâ facie evidence of such Commission or appointment, warrant or order, without proving the signature or seal thereto, or the authority of the person granting or making such Commission, appointment, warrant or order. Payments to be made by warrant. EXPENDITURE. 95. All sums of money required to defray any expense authorized by this Act may be paid out of the Consolidated Revenue Fund, upon warrant directed by the Governor to the Receiver-General; but no sum of money shall be so paid unless Proviso. GENERAL POWER TO MAKE REGULATIONS. 96. The Governor in Council may make regulations relat- Power to ening to anything necessary to be done for the carrying into force fines, effect of this Act, and may by such regulations impose fines not exceeding twenty dollars each, and imprisonment in case of default of payment of any such fine. REGULATIONS. 97. All regulations made under the authority of this Act Regulations to shall be published in the Canada Gazette, and when so pub- be published. lished they shall have the force of law as fully as if they were contained in this Act, of which they shall be deemed to form a part: 2. All copies of such Regulations printed by the Queen's Certain copies Printer shall be evidence of such Regulations and of their con- to be evidence. tents, and every copy purporting to be printed by the Queen's Printer shall be deemed to be so printed, unless the contrary be shown, and shall be judicially noticed by all Judges, Justices of the Peace and others without being specially pleaded; ment. 3. All Regulations made under this Act, and an annual re- To be laid beport of the state of the Militia, shall be laid before Parliament fore Parliaby the Minister of Militia and Defence, within the first thirty days of the then next session thereof. INTERPRETATION. 98. The Interpretation Act shall apply to all regulations, Interpretation orders and articles of engagement lawfully made or entered Act. into under this Act. 2. The word "Corps" shall, for the purposes of this Act, Word "Corps include Field Battery, Brigade or Battery of Artillery, explained. Troop of Cavalry, or any Company, Battalion, or Regiment. any REPEAL OF ACTS. 99. All Acts or parts of Acts relating to the Militia, in force Inconsistent in either of the Provinces which constitute the Dominion of enactments repealed. Canada, repugnant to or inconsistent with the provisions of this Act, are hereby repealed. WHEN THIS ACT SHALL COME INTO FORCE. 100. This Act shall come into force on the First day of Commence ment of Act. |
