October next, or on such earlier day as may be appointed for that purpose in a Proclamation to be issued by the GovernorGeneral. Preamble. 31 V. c. 40. 31 Vict. cap. to Manitoba 34 VICT. CAP. 17. An Act to extend the Act respecting the Militia and [Assented to 14th April, 1871.] WHEREAS, it is expedient to extend the Act passed in the thirty-first year of Her Majesty's reign, intituled "An Act respecting the Militia and Defence of the Dominion of Canada," as hereinafter mentioned; Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The Act mentioned in the Preamble to this Act shall be 40, extended and is hereby extended, and shall apply to the Province of Manitoba, and shall also extend and apply to British Columbia, whenever that Colony shall become part of the Dominion of Canada. and British Columbia. Manitoba and bia to form each a Mili 2. The Province of Manitoba, and British Columbia whenBritish Colum- ever it forms part of the Dominion of Canada, shall each respectively form a Military District for the purposes of the said Act, as if they had been mentioned as such in section twelve of the said Act, and as if the word "eleven" had been used in the said section and elsewhere in the said Act, instead of the word "nine," as the number of Military Districts. tary District. Her Majesty may appoint in the Militia. Colonels, &c. Number of active Militiamen increased. Proviso. 3. Sub-sections two and three of section thirty-three of the said Act are hereby so amended 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, but in no case to exceed that of Major-General. 4. The forty-fourth section of the said Act is hereby amended, by substituting "Forty-five Thousand" for "Forty Thousand,' as the number of Active Militiamen who may in time of peace be trained and drilled as in the said section mentioned; but any increase above the number of Forty thousand, shall be authorized and regulated from time to time, by order of the Governor in Council. 5. This Act and the Act hereby amended may be cited Short title. together as "The Militia and Defence Acts, 1668 and 1871," which shall be a sufficient citation of both Acts. 36 VICT. CAP. 46. An Act to amend "An Act respecting the Militia an! Defence of the Dominion of Canada." H [Assented to 3rd May, 1873.] ER MAJESTY, by and with the advice and consent of the Preamble. Senate and House of Commons of Canada enacts as follows: for part of 1. The Twenty-seventh section of the Act passed in the New provision thirty-third year of Her Majesty's reign, intituled "An Act substituted respecting the Militia and Defence of the Dominion of Canada," 3. 27, of 31 is hereby amended by substituting the following to the first V. c. 40. portion of the said section down to and including the words military commanding officer only, viz: casions the out. "27. The Active Militia, or any corps thereof, shall be liable By whom and to be called out for active service with their arms and ammuni- on what oction, in aid of the civil power in any case in which a riot, dis- Active Militia turbance of the peace or other emergency requiring such ser- may be called vice occurs, or is, in the opinion of the 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 disturb ance, 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 Requisition must be in writing. 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 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 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 their Military only as a military body, and shall be individually liable to obey the orders of their Military Commanding Officer only." They must obey their Commanding Officer. Officers and men to be special constables; to obey but Commanding Officer only. New section in Her Majesty Courts of Enquiry and Courts Martial. 2. The seventy-second section of the Act herein before mentioned, made and passed in the thirty-first year of Her Majesty's reign, is hereby repealed, and the following section is substi tuted therefor as the seventy-second section of the said Act: "72. Her Majesty may convene Courts of Enquiry and apmay convene point Officers of the Militia to constitute such Courts, for the purpose of investigating and reporting on any matter connected with the government or discipline of the Militia, and with the conduct of any Officer, non-commissioned 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 Officer of Her Majesty's regular army on full pay shall sit on any Militia Court Martial. Proviso. Preamble. 31 V., c. 40. 37 VICT. CAP. 35.. An Act to amend the Acts respecting the Militia and defence of the Dominion of Canada, and to extend the same to the Province of Prince Edward Island. [Assented to 26th May, 1874.] HEREAS it is expedient to amend and extend the Act passed in the thirty-first year of Her Majesty's reign, intituled" An Act respecting the Militia and Defence of the Dominion of Canada," and the Acts amending it, as hereinafter mentioned therefore Her Majesty, by and with the advice enrolment. 1. The sixteenth section of the said Act is hereby amended by Section 16 substituting the words "in every fourth year after the twenty- amended as to eighth day of February, in the year one thousand eight hundred and seventy-three," for the words "in each alternate year thereafter;" provided that in case of war or other emergency, the enrolment mentioned in the said section may be made at any time by order of the Governor in Council. and 34 V. c. 17 2. The Act mentioned in the preamble, as amended by the The said Act Act passed in the thirty-fourth year of Her Majesty's reign, in- and 36 V. c. 46 tituled "An Act to extend the Act respecting the Militia and extended to Defence of the Dominion of Canada," and by the Act passed P. E. Island. in the thirty-sixth year of Her Majesty's reign, intituled " An Act to amend an Act respecting the Militia and Defence of the Dominion of Canada," and by this Act shall be, and is hereby extended, and shall apply to the Province of Prince Edward Island. military dis 3. The Province of Prince Edward Island shall form a mili- The said Protary district for the purposes of the Act first herein cited, as if vince to be a it had been mentioned as such in section twelve of the said Act, trict. and as if the word "twelve " had been used in the said section and elsewhere in the said Act, instead of the word "nine," as the number of military districts, which have since been increased to eleven by the addition of the Provinces of Manitoba and British Columbia. 4. This Act and the Acts hereinbefore cited may be cited to- Short title. gether as "The Dominion Militia and Defence Acts," which shall be a sufficient citation of all the said Acts, including also 33 V., c. 22. the Act passed in the thirty-third year of Her Majesty's reign, intituled" An Act to facilitate the signing of Militia Commissions. 5. Sub-section two of section fifteen of the Act cited in the Appointments preamble of this Act, is hereby so amended as to allow appoint- for Company ments for Company Divisions in any city or town to be made Divisions. from the residents of the Regimental Division within such city 15, amended. or town. 31 V., c. 40, s. Preamble. New provi sion, substi tuted for ss. 38 VICT. CAP. 8. An Act to amend the Dominion Militia and Defence Acts. [Assented to 8th April, 1875.] HER MAJESTY, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The twenty-eighth and twenty-ninth sections of the Act thirty-first Victoria, chapter forty, intituled “An Act 28, 29, of 31 respecting the Militia and Defence of the Dominion cf Canada," are hereby repealed, and the following substituted therefor: : V. c. 40. Qualification and appoint commanding the militia: rank and pay. "28. There shall be appointed to command the Militia of the ment of officer Dominion of Canada, an Officer holding the rank of Colonel, or superior rank thereto, in Her Majesty's regular army, who shall be charged, under the orders of Her Majesty, with the military command and discipline of the Militia, and who while holding such appointment, shall have the rank 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." Adjutant General at “29. There shall be an Adjutant-General of Militia at Head head quarters, Quarters, who shall have the rank of Colonel in the Militia, and rank and pay. shall be paid at the rate of twenty-six hundred dollars per Duties of militia officers. Commissions need not be in full ; exception. annum,' "2. The Governor in Council shall trom time to time, make such orders as may be necessary respecting the duties to be performed by the Officer commanding the Militia, by the AdjutantGeneral, and by the officers of the militia generally." except 2. Sub-section two of section thirty-one of the above menenregistered tioned Act is hereby repealed, and the following substituted therefor "Commissions of officers in the Militia, the officer commanding the Militia, the Adjutant-General and 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." Sub-section 2 of s. 16, s. 86, and s. 92 3. The words "Officer for the time being commanding the Militia" shall be substituted for "Adjutant-General of Militia" amended, sub- in the seventh line of sub-section two of the sixteenth section, stituting and for "Adjutant-General" in the eleventh line of the said manding mili- sub-section, and in the fourth, ninth and thirteenth lines of the eighty-sixth Section, and the second line of the ninety-second section, of the above mentioned Act. "officer com tia" for Adjutant-General." |