III. And whereas the killing of Partridges in the pairing and hatching season, and before they can fly, has greatly reduced the breed of that useful bird, and endangers a total loss of the same: to prevent which-Be it enacted, by the authority aforesaid, that from and after the publication hereof, no person or persons whatever shall presume to shoot, kill or destroy any Partridge or Partridges between the first day of April and the first day of August* in each and every year, under the penalty of forfeiting the sum of ten shillings for each Partridge so shot or killed. IV. And be it further enacted, That any one of His Ma- Penalties, how jesty's Justices of the Peace is hereby empowered and required, recovered and upon proof being made to his or their satisfaction, of such applied. shooting or killing any Partridge or Partridges, to issue his or their Warrant or Warrants, for the levying, by distress and sale of the goods of such offender or offenders, to the amount of said penalties, with costs of suit; one half of which penalties to be paid to the informer, and the other half to be applied to and for the use of His Majesty's said Government. V. And it is hereby declared, That this Act shall continue Continuance and be in force for the space of three years next after the pub- of Act. lication hereof, and to the end of the then next session of the General Assembly of the Island, and no longer. *Extended to 1st September by 21 G. 3, c. 11. CAP. VI. An Act for preventing Trespasses by unruly Horses, Cattle, and Sheep, and for preventing the running of Hogs at large through the town of Charlottetown. Continued by 21 G. 3, c. 11; repealed by 12 Vic. c. 16. D ANNO VICESIMO GEORGII III. 1780. W. PATTERSON, Governor. At the General Assembly of His Majesty's Island of SAINT JOHN, begun and holden at CHARLOTTETOWN, the Eighth day of October, Anno Domini 1779, in the Nineteenth year of the Reign of our Sovereign Lord GEORGE the T. DESBRISAY, Third, by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith. And from thence continued, by several prorogations, to the third day of July, 1780, and in the twentieth year of His said Majesty's Reign; being the third Session of the third General Assembly convened in the said Island. President of W. BERRY, CAP. I. An Act for the establishing and regulating a Militia. Amended by 35 G. 3, c. 1, and 37 G. 3, c. 1. at the For other Acts relating to the Militia, see 3 a HEREAS the security and preservation of this Island all times, and especially during the continuance of present war and unhappy rebellion, greatly depends upon W. 4, o. 30, 9 Militia being established and embodied, as soon as possible, Vic. c. 6, and under such regulations as may make the same most useful for Vic. c. 6, 14 21 Vic. c. 9. Persons liable Militia. the support and defence thereof; and that the inhabitants should be well armed, and properly trained up in the Art Military, as well for the honor and service of His most sacred Majesty, and the security of this his Island, against any hostile attack or invasion whatsoever, as for the preservation of their own lives and fortunes; and that every person may know his duty herein, and be obliged to perform the same: I. Be it enacted by the Governor, Council and Assembly, to serve in the That from and after one month next from the publication hereof, all male persons, planters and inhabitants, and their servants, between the ages of sixteen and sixty, residing in, This clause al- and belonging to this Island, shall bear Arms, and duly attend all musters and military exercises of the respective companies in which they shall or may be enrolled or belong. tered by 3 W. 4, c. 30, s. 7. Persons enroll therein until III. That every person enrolled in any company, shall so ed in a Compa- continue and attend all duty therein, or suffer the penalty by ny, to do duty law provided, until orderly dismissed, or removed out of the orderly dismis- town or precinct of such company; and in case of removal into the precinct of another company, to produce a certificate val into another under the hand of the captain, or chief officer of the precinct precinct, to pro- whereunto he is removed, that he is enrolled there. sed. In case of remo duce certificate. Persons liable, who attempt to evade service, to be fined 10s. Mode of recovery. Officers of com panies to punish disorders, IV. If any person, liable to be enrolled as aforesaid, do attempt to exempt himself from such service, by shifting from house to house, or place to place, with intent to avoid his being so enrolled, he shall pay, as a fine for every such offence, to the use of the company to which he properly belongs, ten shillings, on being thereof convicted before any of His Majesty's Justices of the Peace for this Island. VII. That the commissioned Officers of any company, or the major part of them, may order the correcting and punishby commitment ing disorders and contempt committed while on duty; the said punishment not being greater than commitment for a time not exceeding forty-eight hours, or the payment of five shillings as a fine. or fine. Military Watches may be appointed by the Governor, &c. All persons of age to attend the same, on penalty of 58. Officers empow ered to appoint and displace VIII. That there be military watches appointed and kept at such times, in such places, in such numbers and under such regulations, as the Governor or Commander-in-Chief of this Island for the time being shall appoint; and that all persons able of body, and who are of age, shall themselves, or by some proper person in their stead, to the satisfaction of the Commanding Officer of the watch, attend the same, on penalty of forfeiting five shillings for each neglect, there having been due warning previously given. XII. That the Captain and commissioned officers of each company shall, and they are hereby fully empowered to nomi Serjeants and nate and appoint proper persons to serve as Serjeants and Corporals in their respective companies, and to displace them Corporals. and appoint others in their room, as they shall or may see occasion. who refuse to XIII. That all persons who shall or may be so nominated Persons so apand appointed to serve as Serjeants or Corporals, and who pointed, and shall refuse to serve in such capacity, shall be subject to pay serve, subject a fine of two pounds, and thereupon others shall be chosen or to a fine of 408. appointed in their room, and so on, until proper persons are nominated, who shall accept of their appointment. Serjeants and neglect their duty, &c., shall offence 10s. or be committed Mode of reco forfeit for each for 24 hours. XIV. And be it further enacted, That if any Serjeant or Corporal appointed as aforesaid shall be guilty of any neglect of duty, or be drunk or disorderly while on duty, he shall forfeit and pay, for each and every offence, the sum of ten shillings, or be committed for twenty-four hours-which fines shall or may be recovered and applied in the same manner as is hereinafter directed for a person refusing to serve as Clerk. very. XVI. And be it further enacted, That all persons who Persons attendshall attend at places of muster, in order to be trained and instructed in military discipline, shall be, and they are hereby declared to be, exempted and freed from all arrests in civil causes, as well while going to such place of muster, as while they may be there, or coming from thence, during the space of twenty-four hours-the same to be allowed for the time and continuance of such muster. XVII. That such person as by the Commissioned Officers any Company may be appointed Clerk, and refuses to serve in that capacity, shall pay forty shillings fine, and another be chosen in his room, and so on, till one do accept or consent to execute that duty; and which person so accepting or consent ing, shall be under oath for the faithful discharge of his duty in said office-the same to be administered unto him by a Justice of the Peace of the County, in words following, viz: ing musters to be exempted from all arrests in civil causes while there, and in going to or coming from place of muster. Person ap- pointed Clerk refuses to serve, shall pay 40s. fine. Persons serving shall be sworn. You do swear truly to perform the office of Clerk of the Form of oath. Militia Company, under the command of A. B. Captain, to 'to the utmost of your skill and power, in all things apper'taining to your office, according to law. So help you God." ing fines. And for every distress made for any fine not exceeding forty Clerk's allowshillings, the said Clerk shall have one quarter part thereof ance for levyfor his pains and trouble; and for the levying and recovering such fines, he may make distress for, ex officio-the said overplus of all distress to be made subject to such rules as the law hath pro- fines received vided in other cases; and after ten days' notice for that pur-paid to the by him to be pose, he shall pay the Captain or chief officer all such fines as Captain. he shall or may have received, his own part being deducted therefrom. |