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Her Majesty may supply Vacancies.

Militia on ex

tended Service
subject to
Mutiny Act
as Regulars,
and Militia
Officers and
Officers of

Regular Forces

to sit indis

criminately on

Courts Martial.

To continue
Militia, and

remain subject
to Militia
Regulations,
&c.

Regulations may be made for retaining

Officers on the Establishment of the Militia after

IX. It shall be lawful for Her Majesty from Time to Time to supply any Vacancies which may occur in Provisional Battalions of Militia in consequence of the Death, Resignation, or Dismissal of Officers appointed by Her under this Act; but nothing herein contained shall be construed to affect the Appointment of Officers as by Law established in any Case of Vacancy which may occur in consequence of the Death, Resignation, or Dismissal of any Militia Officer who may have volunteered for extended Service.

X. All Officers, Non-commissioned Officers, Drummers, and Private Men of the Militia extending their Services under this Act shall, upon leaving the United Kingdom upon such extended Service, and during such Service until their Return to the United Kingdom, be subject to all the Laws in force for the Punishment of Mutiny and Desertion, in like Manner in every respect as Her Majesty's Regular Forces; and all Officers of Her Majesty's Regular Forces shall be entitled to sit in any Court Martial upon the Trial of any Officer, Non-commissioned Officer, Drummer, or Private Man of the Militia, while so serving out of the United Kingdom under this Act; and all Officers of the Militia shall during such extended Service be entitled to sit in any Court Martial upon the Trial of any Officer, Non-commissioned Officer, or Soldier of Her Majesty's Regular Forces.

XI. Provided always, That all the Militia enrolled and formed for extended Service under this Act shall, notwithstanding such Extension of Service, remain subject to all the Provisions and Regulations in force in relation to the Militia to which they shall respectively belong, except in such Cases as are in this Act particularly specified.

XII. It shall be lawful for Her Majesty, from Time to Time, to make such Regulations as Her Majesty may deem expedient for retaining, at the Expiration of any extended Service out of the United Kingdom, any Field Officers, Captains, or other Officers of Militia who have actually served upon any such exExpiration of tended Service in any higher Ranks than those in which they volunteered their Services, either as Supernumeraries or otherwise, upon the Establishment of the Militia to which they belonged, with the Rank in which they have so actually served, or upon such other Terms in respect to Rank and Service in the Militia as Her Majesty may think fit.

extended

Service.

Her Majesty may make Regulations for retaining Officers, &c. as Supernumeraries.

Subalterns

after 5 Years may be Cap

XIII. It shall be lawful for Her Majesty from Time to Time to make such Regulations as Her Majesty may deem most expedient for the retaining upon the Establishment of the Militia to which they belong, as Supernumeraries or otherwise, any Officers, Non-commissioned Officers, and Drummers of any Regiment, Battalion, or Corps of Militia who may not so volunteer to extend their Services, or may not be so employed upon such extended Service.

XIV. And whereas it is expedient that the Law respecting 'the Property Qualification of Captains in the Militia should be 'amended:'

amended: Be it enacted, That any Person who shall have tains without served as a Subaltern in the Militia for Five consecutive Years Qualifications. may, without any Property Qualification, be appointed a Captain in the Militia, any Act of Parliament to the contrary notwithstanding; provided that such Five Years of Service of such Person as a Subaltern as aforesaid shall be the Five Years immediately preceding his Appointment to the Rank of Captain. XV. Whereas by the Fourth Section of the Act of the

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• Seventeenth Year of the Reign of Queen Victoria, Chapter Notices sent Thirteen, it is amongst other Things provided, that in the Case by Post to be good. of drawing out and embodying the Militia in England, or any Part thereof, under the Authority of that Act, the Notices to the Militia Men to attend at the Time and Place mentioned in the Order of Her Majesty for drawing out and embodying the Regiment, Battalion or Corps to which they belong, shall be sent by the Colonel or Commanding Officer of such Regiment, Battalion, or Corps, by the Post, to the Residences of the several Men as stated on their Attestations, or as sub'sequently certified by them, and such Notices shall be sufficient ' in all respects: And whereas it has been found inconvenient 'to name in the Order of Her Majesty the precise Day and Place ' for the assembling of that Part of the Militia to which it refers Be it declared and enacted, That the Notices so sent and to be sent by the Post to the several Men, as by the said lastly above-recited Act is directed, are and shall be good and sufficient in all respects, if they specify the Day and Place which have actually been fixed by the Lord Lieutenant of the County or other Person acting in his Stead for the Meeting of the Regiment, Battalion, or Corps to which they refer, whether such Day and Place be mentioned in Her Majesty's Order for drawing out and embodying the same or not.

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XVI. The Provisions of this Act shall be construed to extend Act to extend to the Regiment of Miners of Cornwall and Devon in like to the Miners Manner and as fully and effectually to all Intents and Purposes and Devon. as to any Regiment of Militia.

CAP. II.

An Act to permit Foreigners to be enlisted and to
serve as Officers and Soldiers in Her Majesty's
Forces.
[23d December 1854.]
WHEREAS it is expedient that Her Majesty, during the

Continuance of the War, should be enabled to enlist and employ Foreigners in Her Army: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

of Cornwall

I. It shall be lawful for Her Majesty to cause to be enlisted Foreigners may as Soldiers into Her Service Persons not being natural-born be enlisted, Subjects or entitled to the Privileges of natural-born Sub- and Commissions may be

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jects

granted to

be formed into

jects of Her Majesty, who may voluntarily enter themselves Foreigners, to for such Service, and to grant Commissions or Letters of separate Corps. Service to any such Persons to serve as Officers, the Persons so enlisted and commissioned to be formed into separate Regiments, Battalions, and Corps; and such Enlistment, Commission, and the Service thereunder, shall be as lawful as if such Persons were natural-born Subjects of Her Majesty.

Men serving

under this Act

not to be employed in United King

dom, except for being trained, &c.

Number of
Men limited.

Attestation on
Enlistment and
Oath.

Mutiny Act

and Articles of War to apply

to Foreigners serving under

this Act.

Officers when reduced not

entitled to Half

Pay, but Provision may be made for such as are wounded, &c.

Continuance of this Act.

II. Provided always, That the Men serving under this Act shall not be employed in the United Kingdom except for the Purpose of being trained, arrayed, and formed into Regiments, Battalions, or Corps for Foreign Service, and except such Bodies of Reserve as may be kept in the United Kingdom, and which shall be kept and used solely for the Purpose of training and arraying Recruits, and for supplying Vacancies in such Regiments, Battalions, or Corps; and the Men serving under this Act shall not be billeted or quartered on any Person or Persons; and that there shall not be within the United Kingdom more in the whole than Ten thousand Men serving under this Act at any One Time.

III. Every Person enlisted as a Soldier under the Authority of this Act shall be attested in such Manner as Her Majesty shall direct, and not otherwise; and all Officers, Non-commissioned Officers, Drummers, and Private Soldiers enlisting or commissioned under this Act shall take such Oath for their Fidelity during their Continuance in Her Majesty's Service as Her Majesty shall direct, and no other.

IV. Subject to the Provisions herein contained, all Officers, Non-commissioned Officers, Drummers, or Private Soldiers serving under the Provisions of this Act, shall be subject to all the Provisions contained in any Act for the Time being in force "for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters," and the Articles of War made in pursuance thereof, in the same Manner to all Intents and Purposes as any of Her Majesty's Regular Forces are subject to the same.

V. No Officer, serving under this Act, when reduced, shall be entitled to receive Half Pay; provided nevertheless, that when any such Officer shall be rendered incapable of Military Service by Wounds or Infirmities contracted while discharging his Military Duty during the Period of his continuing to serve as such Officer under the Provisions of this Act, then and in such Case it shall be lawful for Her Majesty to make such Provision, out of any Funds to be voted by Parliament for that Purpose, for such Officer as She shall think proper and necessary, so that such Provision shall in no Case exceed the Half Pay of the Rank in the British Service similar to that which such Officer shall have held at the Time of his becoming so incapable as aforesaid.

VI. This Act shall continue in force during the present War, and until One Year after the Ratification of a Definitive Treaty of Peace.

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CAP. III.

An Act to carry into effect a Treaty between Her Majesty and the United States of America. [19th February 1855.]

W

HEREAS a Treaty was, on the Fifth Day of June One thousand eight hundred and fifty-four, concluded ' between Her Majesty the Queen of the United Kingdom of • Great Britain and Ireland and the United States of America, whereby it was agreed as follows:

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ARTICLE I-It is agreed by the High Contracting Parties that, in addition to the Liberty secured to the United States Fishermen by the above-mentioned Convention of October 20, 1818, of taking, curing, and drying Fish on certain Coasts of the British North American "Colonies therein defined, the Inhabitants of the United "States shall have, in common with the Subjects of Her Britannic Majesty, the Liberty to take Fish of every Kind, except Shell Fish, on the Sea Coasts and Shores and in the Bays, Harbours, and Creeks of Canada, New Brunswick, Nova Scotia, Prince Edward's Island, and of the ⚫ several Islands thereunto adjacent, without being restricted to any Distance from the Shore, with Permission to land upon the Coasts and Shores of those Colonies and the 'Islands thereof, and also upon the Magdalon Islands, for the Purpose of drying their Nets and curing their Fish; pro'vided that in so doing they do not interfere with the Rights of private Property or with British Fishermen in the peaceable Use of any Part of the said Coast in their Occupancy for the same Purpose.

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It is understood that the above-mentioned Liberty applies solely to the Sea Fishery, and that the Salmon and Shad Fisheries, and all Fisheries in Rivers and the Mouths of 'Rivers, are hereby reserved exclusively for British Fisher

'men.

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And it is further agreed that, in order to prevent or 'settle any Disputes as to the Places to which the Reservation of exclusive Right to British Fishermen contained in this Article and that of Fishermen of the United States 'contained in the next succeeding Article apply, each of the High Contracting Parties, on the Application of either to the other shall, within Six Months thereafter, appoint a • Commissioner. The said Commissioners, before proceeding to any Business, shall make and subscribe a solemn • Declaration that they will impartially and carefully examine ' and decide, to the best of their Judgment and according to Justice and Equity, without Fear, Favour, or Affection to 'their own Country, upon all such Places as are intended to be reserved and excluded from the common Liberty of fishing under this and the next succeeding Article and such Declaration shall be entered on the Record of their Proceedings.

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Proceedings. The Commissioners shall name some Third Person to act as an Arbitrator or Umpire in any Case or Cases on which they may themselves differ in Opinion. If they should not be able to agree upon the Name of such Third Person, they shall each name a Person, and it shall be determined by Lot which of the Two Persons so named shall be the Arbitrator or Umpire in Cases of Difference or Disagreement between the Commissioners. The Person so to be chosen to be Arbitrator or Umpire shall, before proceeding to act as such in any Case, make and subscribe a 'solemn Declaration in a Form similar to that which shall already have been made and subscribed by the Commissioners, which shall be entered on the Record of their Proceedings. In the event of the Death, Absence, or Incapacity of either of the Commissioners or of the Arbitrator or Umpire, or of their or his omitting, declining, or ceasing to act as such Commissioner, Arbitrator, or Umpire, another and different Person shall be appointed or named as aforesaid to act as such Commissioner, Arbitrator, or Umpire, in the Place and Stead of the Person so originally appointed or named as aforesaid, and shall make and subscribe such Declaration as aforesaid.

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Such Commissioners shall proceed to examine the Coasts of the North American Provinces and of the United States embraced within the Provisions of the First and Second Articles of this Treaty, and shall designate the Places reserved by the said Articles from the common Right of 'fishing therein.

The Decision of the Commissioners and of the Arbi'trator or Umpire shall be given in Writing in each Case, and shall be signed by them respectively.

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The High Contracting Parties hereby solemnly engage to consider the Decision of the Commissioners conjointy or of the Arbitrator or Umpire, as the Case may be, as 'absolutely final and conclusive in each Case decided upon by them or him respectively.

ARTICLE II.--It is agreed by the High Contracting Parties that British Subjects shall have, in common with the Citizens of the United States, the Liberty to take Fish of every Kind, except Shell Fish, on the Eastern Sea Coasts and Shores of the United States North of the 36th 'Parallel of North Latitude, and on the Shores of the 'several Islands thereunto adjacent, and in the Bays, Harbours, and Creeks of the said Sea Coasts and Shores of the United States and of the said Islands without being ' restricted to any Distance from the Shore, with Permission to land upon the said Coasts of the United States and of the Islands aforesaid for the Purpose of drying their Nets. and curing their Fish; provided, that in so doing they do 'not interfere with the Rights of private Property, or with 'the Fishermen of the United States in the peaceable Use

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