ANNO VICESIMO

GEORGII III. REGIS.

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
Council.

W. BERRY,
Speaker.

CAP. I.

An Act for the establishing and regulating a Militia.

at

WHEREAS the security and preservation of this Island all times, and especially during the continuance of the present war and unhappy rebellion, greatly depends upon Militia being established and embodied, as soon as possible, under such regulations as may make the same most useful for

a

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, a. 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 In case of remo- 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.

val into another

duce certificate.

Persons liable, evade service, to be fined 10s.

who attempt to

Mode of recovery.

Officers of com

panies to pun

ish 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 5s.

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 Corporals who neglect their duty, &c., shall

forfeit for each offence 10s. or

be committed Mode of recovery.

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. XVI. And be it further enacted, That all persons who shall attend at places of muster, in order to be trained and ing musters instructed in military discipline, shall be, and they are hereby to be exempted declared to be, exempted and freed from all arrests in civil in civil causes causes, as well while going to such place of muster, as while while there, and in going to 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 of 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 consenting, 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 :

Persons attend

from all arrests

or coming from place of muster.

Person appointed Clerk

of any Company, and who

refuses to serve, shall pay 408.

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."

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 levying fines. for 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 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.

by him to be

Chief Officers of

Regiments may

require Captains of Compa

nies to meet and

confer.

Chief Officer empowered to try and punish offenders against this Act.

Allowance to Clerks for executing Warrants.

No Clerk to make distress ex officio, for any fines until six days after

offence is com

mitted.
Clerk neglect-

ing to account

for fines, &c.

how punished.

Alarm, how to be made at Charlottetown.

XVIII. The chief Officer of the regiment, as often as he may see cause so to do, shall require the Captain or chief Officer of each Company in his regiment to meet at such time and place as he shall or may appoint, and there to confer with them, and to give in charge such orders, as shall by them or the major part of them, be judged meet, for the better ordering and settling their several companies, and for the more effectually promoting military discipline amongst them: And the said chief Officer is hereby empowered, by virtue of his warrant, directed to any Clerk or officer of his regiment, to summon or cause to be brought before him, any offender against this Act, and, according to law, to hear and determine all matters proper for their cognizance, and to give sentence, and to award mittimus, or warrant of distress, to the Clerk of the Company where the offence shall or may be committedfor executing which warrant, if for levying above forty shillings, he shall have ten shillings out of the same, for his pains and trouble therein, and no more.

XIX. That no Clerk, ex officio, make distress for any fine until six days next after the offence shall have been committed, in order that the party may have opportunity to make excuse, if any he hath, why he should not pay the fine: And all such Clerks neglecting or refusing to account, or make payment, as by this Act is required, shall be subject to distress to the full amount of what they ought to have collected, by virtue of a warrant from the chief Officer of the Company, directed to any Constable.

XXI. That any alarm which may be given or made at Patterson's Battery, in Charlottetown, upon such occasions as are agreeable to instructions to be given by the Governor or Commander-in-Chief for the time being, to the Officer commanding at the said Battery, shall be by setting on fire or lighting a beacon at the summit of the hill of Queen Street, or at such other place as the Governor or Commander-in-Chief for the time being shall or may hereafter appoint for that purpose, and by firing two guns distinctly at the said Battery, or at such other place or places as the Governor or Commander-in-Chief for the time being, shall or may appoint for the aforesaid purpose; as also by firing two guns in like manner at the Tartar's Wharf, the same to be so fired at the space of five minutes after the firing of the aforesaid guns at the Battery, or at such other place as may be appointed as aforesaid; and thereupon all the trained Officers, Soldiers, and other persons able to bear arms, who shall or may be then resident in the said town, or the suburbs thereof (in case of such alarm), shall forthwith appear complete with their arms and ammunition, according to the directions of this Act, at such place or places of rendezvous as may from time to time