XXXI. And whereas it may be convenient to form one or more troop or troops of Cavalry; Be it therefore enacted by the authority aforesaid, That it shall and may be lawful for the Governor, Lieutenant Governor, or Person adminitering the Government of this Province, to form and embody such troop or troops, and to employ the same on such duties as the necessity of the service may require. XXXII. And be it further enacted by the authority aforesaid, That all detachments to be called out and employed as aforesaid, shall and may, if need require, be detained on such service, for and during the space of six months at one time, and no longer; Provided That every such detachment be relieved by the arrival of a fresh detachment, sufficient for the indispen sible occasions of the service at such period, for which purpose it shall and may be lawful for the proper Officer, one week at least before the expiration of the said period of service, to call together the remaining parts of the Regiment, Battalion, or Independent Company, or so many as may be necessary, according to their several turns, to be regulated by the roster as aforesaid, to relieve such detachment. XXXIII. Provided always, and be it further enacted by the authority aforesaid, That if such detachments cannot be replaced by an equal number of men of the remaining part of such Regiment, Battalion, or Independent Company, respectively, then, and in such case, every detachment to be relieved as aforesaid, shall ballot or draw lots for such a number of men as may be wanting to make the succeeding detachment equal to the detachment to be relieved, and the parties whose names shall be drawn, shall be liable to serve with the said detachment, but in case of a partial relief, they shall be the first to be relieved, either wholly or by ballot, according to the number to be relieved. Troops of cavalry may be formed. Time of service of said detachments. In what manner they shall be relieved. Method to be pur tachmen's cannot be replaced by an equal sued in case such de number of men. Punishment in case XXXIV. And be it further enacted by the authority aforesaid, That when any of non-payment of the person shall have been convicted of any offence against this Act, and shall forfeitures imposed by refuse to pay the fine, forfeiture, or penalty imposed on such offender, it this Act. shall and may be lawful to and for the Justice or Justices before whom such person shall have been convicted, to commit such offender to the common gaol of the District, until he shall pay and satisfy such fine, forfeiture, or penalty, together with the reasonable charges attending such conviction; Provided nevertheless, that no person or persons, so committed, shall in any case be detained in custody longer than the space of one calendar month, except in such cases as are otherwise provided for by this Act. No non-commission an inferior station in XXXV. And be it further enacted by the authority aforesaid, That no per- ed officer discharged sons who have been discharged from His Majesty's service as Non-com- from His Majesty's missioned Officers, shall be obliged to serve in any station in the Militia of service, shall serve in chis Province, inferior to that which they held in His Majesty's service, un- the militia. ess having been Non-commissioned Officers in the said Militia, they may ave been reduced according to Law. Penalty for withdrawing or absconding from exercise. Penalty for a serjeant neglecting to warn a militia man to appear at the place of enrollment. Serjeant in the mili tia exempted from serving as constable. Such who are wounded shall be taken care of. Charges of conviction to be paid by the offender. of payment to be levied by distress. turned. XXXVI. And be it further enacted by the authority aforesaid, That no person enrolled in the Militia, shall absent or withdraw himself from any place of review or exercise, without having first obtained leave of his Commanding Officer so to do, under the penalty of forty shillings if a Commissioned Officer, and ten shillings if a Non-commissioned Officer or Private. XXXVII. And be it further enacted by the authority aforesaid, That if any Serjeant of the Militia, when thereunto required by his superior and proper Officer, shall neglect or refuse to warn the Militia-men of the Company to which he belongs, to appear at the place of enrollment or exercise, he shall, for every such neglect, or refusal, forfeit and pay the sum off forty shillings. XXXVIII. And be it further enacted by the authority aforesaid, That every Serjeant of the Militia, duly appointed, shall be exempt from serving as Constable, for and during such time as he shall hold such appointment as Serjeant. XXXIX. And be it further enacted by the authority aforesaid, That if any person be wounded, or shall be disabled, when employed on actual service, upon an invasion, insurrection, or rebellion, he shall be taken care of and attended during the time of such disability, agreeably to his rank. XL. And be it further enacted by the authority aforesaid, That when any person shall be summoned before two of His Majesty's Justices of the Peace as aforesaid, for having neglected or refused to do such things as by this Act are required of him to be performed, and shall upon the oath of any one credible witness before such Justices be duly convicted of such offence, such person shall pay the charges and expences of and incident to such conviction, and that all fines, penalties and forfeitures, by this Act imPenalties on default posed, on default of payment, shall be levied by distress and sale of the goods and chattels of the offender, by warrant under the hands and seals of the Justices before whom the said offender shall be convicted, rendering Overplus to be re- the overplus (if any) to the said person whose goods and chattels shall have been so distrained and sold, after deducting therefrom the charges of such distress and sale, and within two months after such conviction and recovery, To whom sums so the sums so recovered shall be transmitted by the Justices before whom such information shall have been laid, to the Colonel, or in his absence, to the next senior Officer of the Regiment, Battalion or Independent Company, and the said Colonels and other Officers respectively, shall and they are hereby required, out of the several sums of money which they shall receive for fines, forfeitures or penalties, or otherwise, by virtue of this Act, to provide for the Regiments in their respective Counties or Ridings, Drums, Fifes, Colours, Banners, Regimental Books, and for the discharge of other incidental expences, and in case any overplus of such monies shall remain in the hands of any such Colonel or other Officer, after providing such articles as How to be applied. aforesaid, such surplus shall be disposed of in premiums to the persons who shall make the best shot at a target or mark, upon days of training, and in such proportions as at a meeting the Colonels or Officers commanding Regiments, Bal talions or Independent Companies, shall order and direct, and each Colonel, or Tecovered sball transinitted. be Account to be laid before the Governor, in his absence the next senior Officer of the Regiment, Battalion or Independent (a) See 56th Geo. 111.c 31, 5 & 6. No writ of certiorari unless the penalty a XLI. And be it further enacted by the authority aforesaid, That no order of conviction made by any Justice or Justices of the Peace, by virtue of bove £20. this Act, shall be removed by certiorari out of the County, Riding, Division, or place wherein such order or conviction shall have been made, into any Court whatsoever, and that no writ of certiorari shall supersede executionor other proceedings upon any such order or conviction, so made in pursuance of this Act, but that execution and other proceedings shall be had and made thereupon, any such writ or writs, or allowance thereof, notwithstanding; Provided always, That the fines, forfeitures or penalties, to be levied by virtue of such order or conviction, shall not exceed the sum of twenty pounds. XLII. And be it further enacted by the authority aforesaid, 'That if any action shall be brought against any person or persons for any thing done in pursuance of this Act, such action or suit shall be commenced within six months next after the fact committed, and not afterwards, and shall be laid in the County, Riding or place where the cause of complaint did arise, and not elsewhere, and the defendant or defendants in every such action or suit, may plead the general issue, and give this Act and the special matter in evidence, at any trial to be had thereupon, and if the jury shall find for the defendant or defendants in any such action or suit, or if the plaintiff or plaintiffs shall be non-suited or discontinue his, her or their action or suit after the defendant or defendants shall have appeared, or if upon demurrer, judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall have treble costs, and have the like remedy for the same as any defendant hath in other cases to recover costs by law. XLIII. And be it further enacted by the authority aforesaid, That all former Acts relating to the raising of the Militia within this Province, shall from and after the passing of this Act, be and are hereby repealed; Provided nevertheless, That nothing in this Act contained shall in any wise extend or be construed to extend to annul or make void any Militia appointment which may have taken place in pursuance of the former Acts relating to the Militia forces, or to prevent the completing any proceedings commenced in pursuance thereof, until new commissions are issued under and by virtue of this Act. CHA P. II. An Act for granting to His Majesty a certain sum of MONEY out of the Funds applicable to the uses of this Province, to defray the expences of amending and repairing the PUBLIC HIGHWAYS and ROADS, laying out and opening new ROADS, and building BRIDGES, in the several Districts thereof. [Temporary.] Limitation of actions within six months, for of this Act. things done by virtue Plaintiffs being nonsuited, &c. defendant or defendants to have tre ble costs. СНАР. CHA P. III. An Act for granting to Ilis Majesty an annual sum of MONEY for the purpose therein mentioned. MOST GRACIOUS SOVEREIGN, W [Passed 16th March, 1808.] THEREAS it is expedient that some provision be made for an Adju tant General in this Province; Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, intituled, " An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled, An Act for making more effectual provision for the Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province," and by the authority of the same, That from and out of the rates and duties already raised, levied and collected, or hereafter to be raised, levied and collected, to and for the uses of this Province, there be granted to His Majesty, his Heirs and Successors, annually, the sum of two hundred Pounds, for the payment of a salary to the Adjutant General of the Militia of this Province, for the time being. 11. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the Governor, Lieutenant Governor or Person adminis tering the Government of this Province, from time to time to issue his warrant to the Receiver General of this Province for the payment of such salary as aforesaid, yearly or half yearly, and the said Receiver General shall account to His Majesty, his Heirs and Successors, for the same, through the Lords Commissioners of His Majesty's Treasury, in such manner and form as His Majesty, his Heirs and Successors, shall be graciously pleased to direct. CHA P. IV. Grants to His Majes- An Act for applying certain Sums of MONEY therein mentioned, to make good certain ty £688.0.8 12 MONIES issued and advanced by His Majesty, through the Lieutenant Governor, in pur suance of an Address. CHAR CHA P. V. An Act to continue an Act passed in the thirty-third year of His Majesty's Reign, intituled, "An Act to provide for the APPOINTMENT of RETURNING OFFICERS of the sèveral COUNTIES within this Province." WH [Passed 16th March, 1808.] 6 THEREAS, an Act passed in the thirty-third year of His Majesty's Reign, intituled, "An Act to provide for the appointment of Returning Officers of the several Counties within this Province," and which Act has since been revived and continued by a certain Act intituled, "An Act to revive and continue an Act intituled, An Act to provide for the appointment of Returning Officers of the several Counties within this Province," will shortly expire, and it being necessary that the said Act passed in the thirty-third year of His Majesty's Reign, intituled, "An Act to provide for the appointment of Returning Officers of the several Counties within this Province," be continued; Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, intituled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled, An Act for making more effectual provision for the Government of the Province of Quebec, in North America, and to make further Provision for the Government of the said Province," and by the authority of the same, That the said Act of the thirty-third year of His Majesty's Reign, and every part thereof, and every clause, matter, and thing therein contained, are by the present Act continued, for and during the space of four years, and no longer. 33d Geo. III. 12. Preamble. Act of 33d Geo. Ill, e 12. to provide for the appointment of Returning Officers continued. CHAP. VI. An Act for granting to His Majesty a certain sum of MONEY out of the PROVINCIAL FUND, to increase the salary of the CLERK of the Legislative Council, and the CLERK of the House of Assembly. WH [Passed 16th March, 1808.] HEREAS, it is thought expedient to increase the salaries of the Clerks of the Legislative Council and House of Assemby in this Province; Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, intituled, "An Act to repeal certain parts of an Act passed in the Preamble. |