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October next, or on such earlier day as may be appointed for that purpose in a Proclamation to be issued by the GovernorGeneral.
34 VICT. CAP. 17.
An Act to extend the Act respecting the Militia and
Defence of the Dominion of Canada.
[Assented to 14th April, 1871.]
Preamble, 31 V. c. 40.
V HEREAS, it is expedient to extend the Act passed in
y 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:
31 Vict, cap.
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 to Manitoba and British Manitoba, and shall also extend and apply to British Columbia, Columbia. whenever that Colony shall become part of the Dominion of
Manitoba and 2. The Province of Manitoba, and British Columbia whenBritish Colum- ever it forms part of the Dominion of Canada, shall each resbia to form each a Mili pectively form a Military District for the purposes of the said tary District. 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.
Her Majesty 3. Sub-sections two and three of section thirty-three of the
ay appoint said Act are hereby so amended as to allow Her Majesty, whenin the Militia. ever 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.
Number of active Militiamen increased. Proviso.
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 Guvernor in Council.
5. This Act and the Act hereby amended may be cited Short title. together as “ The Militia and Defence Acts, 1868 and 1871,” which shall be a sufficient citation of both Acts.
36 VICT. CAP. 46.
An Act to amend “An Act respecting the Militia
anl Defence of the Dominion of Canada.”
[Assented to 3rd May, 1873.]
L ER MAJESTY, by and with the advice and consent of the Preamble. 1 Senate and House of Commons of Canada enacts as follows:
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
9 for part of respecting the Militia and Defence of the Dominion of Canada," 02. 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 :
"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 herein- ou after 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 with put 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: Requisition and every such requisition in writing as aforesaid shall express must be in writing.
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 suppresThey must sion thereof : and every Officer, non-commissioned Officer and
man of such Active Militia or any portion thereof, shall on every Officer. such occasion, obey the orders of his Commanding Officer; and Officers and
the officers and men, when so called out, shall, without any fur
ther or other appointment, and without taking any oath of special constables ; but
office, be special constables, and shall be considered to act as to obey 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 Commanding Officer only. the orders of their Military Commanding Officer only.”
men to be
New section in 2. The seventy-second section of the Act hereinbefore menlieu of s. 72 of 31 Vict., c. Wonen
.. tioned, made and passed in the thirty-first year of Her Majesty's 40.
reign, is hereby repealed, and the following section is substi. tuted therefor as the seventy-second section of the said Act:
Her Majesty “72. Her Majesty may convene Courts of Enquiry and apmay convene point Officers of the Militia to constitute such Courts, for the Courts of En. Porn quiry and purpose of investigating and reporting on any matter connected Courts Mar with the government or discipline of the Militia, and with the tial.
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 Proviso. any such Court; but no Officer of Her Majesty's regular army
on full pay shall sit on any Militia Court Martial.
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.]
31 V., c. 40.
W 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 and consent of the Senate and House of Commons of Canada, enacts as follows:
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.
case of in each altend eight hunchty, amended As
and 36 V. o. 46
2. The Act mentioned in the preamble, as amended by the Tho said Act
in and 34 V. c. 17 Act passed in the thirty-fourth year of Her Majesty's reign, in- an 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. 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.
vince to be a
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 vinde it had been mentioned as such in section twelve of the said Act, triot. 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.
38 VICT. CAP. 8.
An Act to amend the Dominion Militi and Defence
[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:
New provi 1. The twenty-eighth and twenty-ninth Sections of the sion, substi
Act thirty-first Victoria, chapter forty, intituled “ An Act tuted for se. 28, 29, of 31 respecting the Militin and Defence of the Dominion of Ca. V. c. 40. nada,” are hereby repealed, and the following substituted
“28. There shall be appointed to command the Militia of the and appointment of officer Dominion of Canada, an Officer holding the rank of Colonel, commanding or superior rank thereto, in Her Majesty's regular army, who the militia : and pay. shall be charged, under the orders of Her Majesty, with the
military command and discipline of the Militia, and who while hoiding 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 “ 29. There shall be an Adjutant-General of Militia at Head General at 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,
"2. The Governor in Council shall from 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.”
Commissions need not be enregistered in full; exception.
2. Sub-section two of section thirty-one of the above mentioned Act is hereby repealed, and the following substituted therefor :-" Commissions of officers in the Militia, except 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 3. The words Officer for the time being commanding the of s. 16, 8. 86, and s. 92 Militia” shall be substituted for “ Adjutant-General of Militia" amended, sub- in the seventh line of sub-section two of the sixteenth section, stituting is officer com- and for “ Adjutant-General ” in the eleventh line of the said maoding mili- sub-section, and in the fourth, ninth and thirteenth lines of the tia" for “Adjutant-Gen
den.“ eighty-sixth Section, and the second line of the ninety-second eral."
section, of the above mentioned Act.