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aforesaid, to cause all offenders in the premises to be proceeded against in manner aforesaid.
No. 1. Ord. No. 4, 1854.
not to leave
the Colony without delivering up arms, &c.
XXXI. That it shall not be lawful for any person liable to do duty in the Militia, to whom military equipments appertaining to the said Militia shall have been issued, to leave this colony without having delivered up all such military equipments to the proper person authorized to receive the same, under a penalty of five pounds, to be recovered before a Magistrate in a same manner; and it shall be the duty of such person, on the receipt of such military equipments, to give a certificate of such delivery. XXXII. That any person summoned and absenting himself from any general parade, muster, review, company muster, drill, or patrolling party; if an officer, for the first offence, shall be fined Five pounds, and for and any subsequent offence, shall either be liable to a similar fine, or shall be brought to a General Court Martial, and suffer such punishment by fine, not exceeding Twenty pounds, as such Court Martial shall inflict; and any non-commissioned officer, or private, absenting himself as aforesaid, shall for the first offence be fined Five shillings; and for any subsequent offence shall be liable to a fine not exceeding One pound, or to suffer such punishment as a Regimental Court Martial shall inflict, not exceeding Twelve pounds, or imprisonment not exceeding one month; and any such defaulter, if not excused within forty-eight hours after such default committed, shall be reported in writing to the quarter and muster master, by the captain or other officer commanding the company to which such defaulter shall belong: whereupon the said quarter and muster master shall prepare a warrant to be countersigned by the senior officer in command, directed to the regimental marshal or his deputy, to levy the fine aforesaid with Six shillings costs (two shillings for the quarter and muster master, and four shillings for the regimental marshal or his deputy), of the goods of such defaulter; and if the goods found are not sufficient, to commit him to some lawful place of confinement for the space of one calendar month, unless the said fine and costs be sooner paid; How to be and no such fine as aforesaid shall be remitted, wholly or in part, but on application to the President, or to the officer commanding the militia, either of whom may lawfully remit the same, wholly or in part; and all such fines shall be collected by the said quarter and muster master: and every non-commissioned officer or private appearing on duty not dressed in the uniform of the company to which he belongs, or whose arms or accoutrements shall not be found in proper order, shall forfeit a sum not exceeding Ten shillings; to be imposed and levied by warrant under the hand and seal of the officer commanding at such general muster, parade, review, company muster, drill, patrolling party, or other duty, and addressed to the regimental marshal or his deputy for execution.
XXXIII. That it shall be the duty of the corporals of the seve- Corporals to ral companies to summon the men belonging to their respective summon men. companies to attend all general musters, drills, patrolling parties, or other duty; and any corporal neglecting to summon any man upon his muster roll, shall be subject to the same fine as such man would have been subject to if he had been duly summoned and had made default in attending; which fine shall be recovered as other fines from defaulters: Provided always that nothing herein contained shall extend, or be construed to extend, to prevent any officer,
Ord. No. 4,
Fees of Regimental Marshal.
When necessary, the President may order out the Militia.
or non-commissioned officer, or any private acting under the orders of any officer or non-commissioned officer from summoning the men of the company to which such officer or non-commissioned officer shall belong, to attend any such parade, general muster, review, drill, company muster, or patrolling party; or to perform such other duty as aforesaid.
XXXIV. That the regimental marshal, or his deputy, shall be entitled to have and receive the same costs for the service and execution of warrants as are herein allowed to him in cases of warrants against defaulters.
XXXV. That in case of invasion, or insurrection, or riot, or any apprehension thereof, it shall be lawful for the President, by and with the consent of the Executive Council, to order out the whole militia, or such part as shall be deemed requisite to perform military duty at any island or district within this government, and for such length of time as the said President in Council shall think necessary, anything hereinbefore contained to the contrary notwithstanding; and during such service, the officers, non-commissioned officers, and privates shall be provided with such rations and allowances (pay excepted) as are given to Her Majesty's troops of the same rank; the expense of which shall be paid out of the Public Treasury by warrant in the usual manner.
XXXVI. That it shall be lawful for the officer commanding any party during such invasion, or insurrection, or riot, or any apprehension thereof, and who shall be ordered on any particular service, to procure refreshments for the same, at a rate not exceeding two shillings per diem for each man; and to impress such carts, horses, or mules as may be necessary for dragging cannon and carrying Horses, &c., &c. baggage, ammunition, or stores or the like when upon any march; may be giving certificates therefor to the persons of whom the same may be received; and the President is hereby authorized, by and with the consent of the Executive Council, to issue his warrant on the Public Treasury for the payment of the same.
impressed. Expense how defrayed.
How Militia officers are to serve with Regulars.
Militia rules in force.
XXXVII. That any indigent non-commissioned officer or private, who shall be wounded or disabled in defence of the colony, shall be maintained at the public expense, so long as he shall continue disabled.
XXXVIII. That no commissioned officer of the militia shall, under any circumstances, be compellable to serve in conjunction with any part of the regular land or sea force of Her Majesty, unless the said militia officer shall be allowed to take rank immediately after the officers of the regular army of the same grade, and, above all, officers of an inferior grade; with the exception only, that when the commanding officer of the regular force within this government shall be of the rank of a field-officer, the whole of the militia or any detachment thereof while acting in conjunction with the regular troops shall be under his orders; the superior rank of any militia officer employed in such service to the contrary notwithstanding.
XXXIX. That all other matters which relate to the discipline of the militia, the rank of officers, and the proceedings of Courts Martial, shall be regulated as nearly as may be according to the rules and discipline of the British army.
XL. That all violations of this Ordinance, all scandalous conhow punished, duct in officers of militia, and all offences to the prejudice of order
Ord. No. 4,
and discipline, whether in officers, non-commissioned officers, or privates, shall be taken cognizance of and punished by sentence of a general or Regimental Court Martial according to the nature and degree of the offence, and, as nearly as may be, according to the articles of war; provided, however, that in no case shall it be lawful for any such Court Martial to sentence to corporal punishment. XLI. That all fines, penalties, and forfeitures incurred by the Fines, &c., sentence of a General or Regimental Court Martial shall be reco- how levied. vered and levied by warrant under the hand and seal of the President of the Court Martial by which the offence was tried; and such warrant shall be directed to the Regimental Marshal or his lawful deputy, who is hereby authorized and required to levy the same, together with the charges of such warrant by distress and sale of the offender's goods; and for want of sufficient goods, to commit him to the common gaol, there to remain for the space of one month, unless such fine or forfeiture, together with all lawful charges, shall be sooner paid.
XLII. That in order to provide the requisite funds for the Militia funds, payment of the militia, the furnishing of provisions and other necessaries when on actual service, and for defraying the several expenses to be incurred by the public according to the several provisions of this Ordinance, it shall be lawful for the President, with the consent of the Executive Council, to issue his warrants on the Public Treasury of these islands in favour of such persons as shall be entitled to receive the same; and every officer, or other person Penalty for concerned in the expenditure or application of moneys to be drawn misapplication out of the Public Treasury of these islands for the Militia service, who shall be guilty therein of any fraud, falsehood, embezzlement, or wilful waste, or intentional misapplication of such funds or other property intrusted to his care in this behalf, shall, besides being deprived of his situation, be sentenced to indemnify the public or individual injured, as the case may be, threefold the amount of the funds or value of the property so embezzled, wasted, or misapplied as aforesaid; and in all such matters, Courts Martial, general or regimental, as the case may require, specially appointed and commissioned for that purpose, shall have full authority and jurisdiction to proceed therein in a summary way; and the forfeitures to be incurred, as last aforesaid, shall be levied in the same manner as is hereinbefore provided for the recovery of all fines and forfeitures by sentence of Courts Martial; and all fines, penalties, and Fines, &c., how forfeitures imposed and levied by virtue of this Ordinance, and not appropriated. otherwise appropriated, shall be reserved for the use of Her Majesty, her heirs, and successors, and be applied towards defraying
the expenses of the government of this colony.
XLIII. That every medical practitioner receiving any colonial Exemptions stipend or remuneration shall be liable to be called upon by the from disease officer commanding the said militia, or any company thereof, to in- or ill health, spect and report in writing, without charge on the case of any person claiming exemption from militia duty, drills, or parade, by reason of any alleged disease or ill health.
XLIV. That all summonses directed by this Ordinance to be given, may be given either verbally or in writing, and if in writing, may be left at the usual place of abode of the party summoned, with any person there found; or affixed to the door, or on some other part, either inside or outside of the house in which such
monses to be
Ord. No. 4,
The President may remit fines, &c.
Persons sued may plead the general issue.
Bahama Acts repealed.
party shall usually reside; and in any proceeding for non-obedience to any such summons, it shall be sufficient for the party complainant to prove the service of such summons in one or other of the ways aforesaid, and the burthen of all other proof shall lie in the party defendant.
XLV. That the President shall be, and he is hereby empowered at his discretion to remit the whole or any portion of any fine, penalty, or forfeiture incurred under the provisions of this Ordi
XLVI. That the several provisions throughout this Ordinance shall be taken and construed to apply as well to any volunteer corps embodied under it, as to any Militia force which may be raised by ballot.
XLVII. That if any person shall be sued for anything done by virtue of this Ordinance, it shall be lawful for such person to plead the general issue and give this Ordinance and the special matter in evidence; and if judgment be given for the defendant, or the plaintiff be nonsuited, or his suit be discontinued or abated, such defendant shall be entitled to double costs.
XLVIII. That after the allowance of this Ordinance, the following Acts of the General Assembly of the Bahama Islands relating to the militia, to wit:-3 Vic. ch. 5, and 8 Vic. ch. 33, shall be and the same are hereby repealed.
XLIX. Defines the meaning of the word "President."
No. 2.-ORDINANCE No. 5 of 1859.
Ord. No. 5, An Ordinance to authorize the Enrolment of a Volunteer Rifle Corps within these Islands. (Passed Dec. 8th, 1859. Confirmed August 2nd, 1860.)
HEREAS a Volunteer Rifle Corps, known as the Turks Islands Royal Volunteers, has lately been enrolled within these islands, and it is expedient that the enrolment of the said corps should be duly authorized and regulated by law; May it, &c., I. That the President of these islands, for the time being, shall Volunteer Corps, be the colonel of the said Volunteer Rifle Corps.
President to be
Enrolment of 4
Companies to make rules, subject to the confirmation of the President.
II. That it shall be lawful for the said President to permit the enrolment of four companies of volunteers, two at Grand Turk, one at Salt Cay, and one at East Caicos; each company to consist of such a number of rank and file, not exceeding fifty, as he may deem
III. That it shall be lawful for the President to grant commissions (provisionally until Her Majesty's pleasure be known) to the officers of the said corps who may, from time to time, be selected according to the rules of the corps.
IV. That the two companies of Volunteers at Grand Turk, jointly, and each of the other companies of the said Volunteer Rifle Corps, severally, shall, from time to time, make rules and regulations (and also alter and amend the same for their government) which rules and amended rules shall be subject to the confirmation of the President and Executive Council, and such rules and regulations so approved of shall, to all intents and purposes, bind and
govern such companies respectively of the said Volunteer Rifle Corps as if the same were set forth in this Ordinance.
V. That all the rules and regulations, elections and appointments, made or to be made by the said Volunteer Rifle Corps, prior to the time when this Ordinance shall be in force, shall be, and the same hereby are declared to be as good and valid in law as though the same had been made subsequent to this enactment.
No. 2. Ord. No. 5, 1859.
VI. That any person who shall volunteer and be elected as a Volunteers member of the said Volunteer Rifle Corps shall be exempt from exempt from serving in the Militia of these islands during the period he shall serve as a Volunteer.
VII. That any officer, non-commissioned officer, or private of the said corps, who shall appear under arms, except in obedience to any order from his superior officer, shall be liable to a fine of one pound for every offence.
VIII. That for the trial of all offences that may be committed against this Ordinance, and which are not otherwise herein provided for, it shall and may be lawful for the President to order a Court Martial, when necessary, and such Court Martial shall consist of not less than three members, and the decision of such Court Martial shall be by a majority of votes: Provided that when a commissioned officer of the said corps is to be tried, such Court Martial shall be composed of commissioned officers of the corps: when a non-commissioned officer of the said corps is to be tried, one or more of the members of such Court shall be a non-commissioned officer of the said corps: and whenever a private of the corps is so to be tried, one or more of the members of the Court shall be a private of the said corps: and every person so appointed, who shall neglect, refuse, or omit to attend such Court Martial, shall forfeit, for every such offence, a fine not exceeding ten pounds; and every person so to be tried by a Court Martial shall have not less than three days' notice, in writing, as well of the charge or charges to be preferred against him, as of the time and place of trial; and if any person so notified shall not appear, or send a satisfactory excuse for his absence, or if evidence be given of his secreting or keeping himself out of the way, to avoid the service of such notice, he shall stand convicted of the offence in such notice expressed, and shall incur such penalty as the Court would have adjudged, had he been regularly tried and convicted.
IX. That when the Volunteer Rifle Corps shall be serving in conjunction with the Militia force of these islands between officers of equal rank of the said forces, the officers of the Volunteer Rifle Corps shall take precedence, and have the command of any Militia and Volunteer force in the field.
X. That in case of invasion, or insurrection, or riot, or any apprehension thereof, it shall be lawful for the President to order out the whole corps, or such part as shall be deemed requisite to perform military duty, for such length of time as the said President shall think necessary; provided, however, that no member of the said corps shall be required in the performance of any military duty to go out of the island or district for which he has enrolled himself, except by his own consent.
No person to appear under arms except by order.
tial to be appointed by the President.
How to be constituted.
Penalty for refusing to at
Persons to he
tried to have notice of same,
and how to be dealt with for non-appearance.
sary, the President may order out the Volunteers.
XI. That it shall be lawful for the officer commanding any party Refreshments during such invasion, or insurrection, or riot, or any apprehension allowed. thereof, and who shall be ordered on any particular service, to