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MILITIA AND DEFENCE.
C.S. Can. C. 87.) MILITIA AND DEFENCE.
33 VICT. CAP. 22. An Act to facilitate the signing of Militia Commis
[Assented to 12th May, 1870.7
T ER MAJESTY, by and with the advice and consent of Preamble. 11 the Senate and House of Commons of Canada, enacts as follows:
1. The Governor may cause his signature to be affixed to The Goverany Commission in the Militia, to be granted or issued under nor's signa
ture to sueb the Act respecting the Militia and the Defence of the Dominion Commissions of Canada, by stainping the same on such Commission with a may be affixed stamp approved by him, and used for the purpose by his by stamping: authority, and the signature so affixed, shall be, to all intents and purposes, as valid and effectual, as if in the handwriting of the Governor; and neither the authenticity of any such stamped signature, nor the authority of the person by whom it has been affixed to any Commission, shall be called in question, except on behalf of the Crown; and the forging or counterfeiting of any such stamped signature, or the uttering thereof, knowing it to be forged or counterfeited, shall be felony, punishable in like manner as the forgery of the Governor's Privy Seal or Seal-at-Arms.
like me forged or cosignature, or theorging or
By 36 V. c. 46, s. 4, page 451, ante, this Act, with the other Acts referred to in 36 V. c. 46, may all be cited as “The Dominion Militia and Defence Acts.'
The following sections of C. S. C. c. 87, relate to the exemption of Firemen from Militia duties in time of peace, and are therefore here printed.
C. S. CAN. CAP. 87.
An Act to exempt Firemen from certain local duties
LTER MAJESTY, by and with the advice and consent of
n the Legislative Council and Assembly of Canada, enacts as follows:
11. Whenever any Company or Companies have been regu- The Corporate larly enrolled in any city, town, or place in which the forma- Authorities, tion of Companies of Firemen is by law authorized and regu-city lated, the Corporate Authorities, or Board of Police, in such which a Fire
Company is city or town, or if there be no such Authorities or Board, the established, may cause the Justices of the Peace of the district or county in which such members of town may be situate, in General Quarter Sessions assembled or such Company to be exempted the majority of them, being satisfied of the efficiency of such from serving persons and accepting their enrolment, shall direct the Clerk of as J from certain
certain the Peace for the district or county, to grant to each member ther offices. of such Company a certificate that he is enrolled on the same,
which certificate shall exempt the individual named therein, during the period of his enrolment, and his continuance in actual duty as such Fireman, from Militia duty in time of peace, from serving as a Juryman, or a Constable, and from all Parish and Town offices.
2. This section states that such exemption may be taken away in case of misconduct on the part of any member of any such Company.
3. This section states that the Corporate Authorities above mentioned may cause such Companies to be formed, or defer such formation, as they deem most expedient.
Firemen hay. ing served
4. When any member of any Company of Firemen, regularly seven years enrolled in any city, town or place in which the formation of exempted from Companies of Firemen is by law authorized and regulated, has serving in certain offices. regularly and faithfully served for the space and term of seven
consecutive years in the same, the said member shall be entitled to receive, upon producing due proof of his having served seven consecutive years as aforesaid, a certificate from the Clerk of the Peace of the district or county in which he resides, or from the Clerk of the Corporate Body or Board of Police under whose authority the said Company has been established, that he has been regularly enrolled and served as a member of the said Fire Company for the space of seven years; and such certificate shall exempt the individual named therein from Militia duty in time of peace, from serving as a Constable, and from all parish and town offices, but this shall not exempt any such Fireman from serving as a juryman,
5. This section states that Firemen having served seven years are entitled to a certificate to that effect.
6, This section relates to certain other exemptions,
37 VICT. CAP. 36.
An Act to establish a Military College in one of the
Garrison Towns of Canada.
[Assented to 26th May, 1874.]
7 HEREAS it is expedient to make further provision for Preamble.
y the education of Cadets and Officers of Militia in military knowledge and scientific pursuits connected with the military profession: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. An institution shall be established for the purpose of im- A military parting a complete education in all branches of military tactics, college to be
established. fortification, engineering and general scientific knowledge in ** subjects connected with and necessary to a thorough knowledge of the military profession, and for qualifying officers for command and for staff appointments. Such institution to be known Location. as the Military College, and to be located in some one of the garrison towns of Canada.
2. The College shall be conducted under the superintendence College staff, of a military officer having special qualifications with regard to number,
salaries, and the instruction to be given and discipline, whose title or desig- how appointed. nation shall be that of Commandant. There shall also be two other professors or instructors, and such other assistants as may be found necessary and as may be authorized by Parliament. The salary of the Commandant to be not more than three thousand dollars, and the salaries of the other professors to be not more than two thousand dollars each. All the staff of the College to be appointed by the Governor in Council, and to hold office during pleasure.
3. The College shall be governed and its affairs administered Government under and according to regulations to be made from time to of College. time, and approved by the Governor in Council, such regulations Governor to be published in the Canada Gazette, and after such publica- Council to tion to 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.
4. A Board of Examiners shall be appointed by the Gover- Boards to nor in Council, in each military district, consisting of three or exa
candidates as more members, one of whom shall, when practicable, be an offi- cadets. cer of the militia staff, who shall be authorized to examine candidates for admission to the College as cadets, and give certificates (in form to be provided), to such as are able to qualify according to the regulations which may be adopted. Meetings of such Boards shall be held when directed by the Department of Militia and Defence.
the ned, that timiso be re of good
Examination 5. All candidates for admission to the College as students of candidates necessary to
* shall be required to pass an examination before the Examiners admission. as provided in the next preceding section, from whom a certifi
cate must be obtained, that they are proficient in the subjects
to be prescribed. They will also be required to pass a medical Age of candi- examination, and produce evidence of good moral character.
No candidate will be accepted who is under fifteen or over twenty years of age.
Examiners to 6. The Examiners shall transmit to the Department of transmit lists of candidates' dates' Militia and Defence a report of the names of all candidates
who succeed in obtaining certificates, for the information of obtaiping
the Governor in Council, with a report of each meeting, which certificates and report. report may embody any particular circumstances connected
with the examination or any special recommendation.
7. The number of cadets with which the College may be cadets to be admitted
opened shall not exceed twenty-two. And thereafter, for the from each first two years, the annual admission shall not exceed three district.
from each military district, and after the third year shall not How selected. be more than two in each year from each military district.
The selection shall be made by the Governor in Council from the list of names forwarded by the Boards of Examiners, having reference to the order of merit in which the applicants pass their preliminary examinations. The collegiate term shall be four years.
may select as from other districts in certain cases.
8. In the event of there being no names forwarded as provided vided from one or more of the military districts, either on account of there being no applicants for examination or a failure in obtaining a certificate, then the Governor in Council may select the required number from candidates who have passed an examination in any of the other districts.
Temporary 9. The Governor in Council may, for special reasons in the admission of Officers of
of interests of the service, admit for a limited time, officers of the Active Militia. Active Militia, although over the age of twenty years, who
shall have obtained a first-class certificate under the provisions of the thirty-third section of “ An Act respecting the Militia and Defence of the Dominion of Canada," (thirty-first Victoria, chapter forty,) such admissions to be under such regulations as the Governor in Council may approve, and in addition to the number provided for in section seven of this Act, but at no time to exceed ten in number.
Requirement froin cadets.
10. Each cadet will be required to furnish himself with a mattress and bedding, books and such apparatus as may not be supplied by the Government, and to pay a contribution in aid of the expense of procuring mess room table furniture.
To meet the ordinary expenses of living, and procuring uniform, a sum not exceeding the rate of three hundred dollars per annum, and such allowances as may, from time to time, be
Payment for cadets.
authorized by the Governor in Council, may be paid for each cadet during such period as he may remain at the college.
11. Every person entering upon a course of instruction in Cadets and
students the College shall sign a roll of entry, and be thenceforward, for sub the period of his pupilage, subject to the Queen's rules and Articles of regulations, the Mutiny Act, the Rules and Articles of War, and
u Regulations. to such other rules and regulations as Her Majesty's troops are subjected to.
C. S. U. C. CAP. 6.
An Act respecting the maintenance of persons dis
abled, and the widows and children of persons killed in the Military Service of the Crown.
ER MAJESTY, by and with the advice and consent of the I Legislative Council and Assembly of Canada, enacts as follows:
EXISTING PENSIONS CONTINUED.
1. Every person at present allowed a pension shall, subject Present pento the provisions of this Act, continue to receive the same ; sions contiand every Officer, Non-commissioned Officer, and Private Mili.“ tiaman, or Teamster of any Militia Corps or Detachment raised in Upper Canada, or Militiaman who acted as Provincial Artillery Driver, or in the Coloured Corps, or was employed with the Indians, or served in the Provincial Marine Establishment, and whose name now stands on the Pension List of Upper Canada, or whose Widow or Children is or are now receiving a pension on his account, shall be deemed to have been a Militiaman.
WHO TO BE PENSIONED AND THE AMOUNT.
2. In case any Officer, Non-commissioned Officer, Private Description of Militiaman, or Teamster of the Militia, or of any such Corps or po Detachment, has been or should, after this Act takes effect, be killed in any engagement with the Enemy, or by accident or casualty, while performing any duty on actual Service in the Militia, or has died or should thereafter die while in captivity as a Prisoner of War, or of wounds received in action with the Enemy, or of any disease contracted while on such Service, or within twelve months after such disease was contracted, and left or leave a Widow, or a Child or Children; then his Widow, during her Widowhood, and in case of her death or marriage,