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Ord. No. 5, 1859. Horses, &c., may be impressed. Expenses how defrayed.
Persons to instruct officers and men to be provided at
Prizes to be awarded to
procure refreshments for the same at a rate not exceeding four shillings per diem for each man; and to impress such carts, horses, or mules, as may be necessary for dragging cannon and carrying baggage, ammunition, or stores, or the like, when upon any march, 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.
XII. That the sum granted in the Appropriation Ordinance for the year 1860, for allowances and other contingent Militia purposes, shall be available for the contingent expenses of the said Volunteer Rifle Corps.
XIII. That it shall be lawful for the President to procure at the public expense, non-commissioned officers from the army, or some persons who shall have served in the army, to instruct the officers and men of the said corps in their exercise; and the President is hereby authorized, by warrant under his hand, to draw from the Public Treasury, from such sums of money as may be from time to time granted by the Legislative Council for military expenses, such sums of money for the above-mentioned purpose as he may consider sufficient.
XIV. That to encourage the Volunteer Rifle Corps to become good marksmen, some day in every year shall be appointed by the best marksmen. President for them to fire at a target, on which day prizes, to be previously settled by the President in Executive Council, shall be awarded to a certain number of the best shots, the costs of such prizes to be paid out of any moneys granted for military purposes, by warrant, in the usual manner.
Persons resisting or impeding men of Royal Volunteer Corps, how dealt with.
Fines, how recovered.
XV. That if any person shall abuse, resist, impede or assault, or shall aid or incite any other person to abuse, resist, impede or assault any officer or private of the said Volunteer Rifle Corps of these islands whilst on duty, every such offender being thereof convicted before the police or acting Police Magistrate at Grand Turk, or before the Assistant Police Magistrate at either Salt Cay or Cockburn Harbour, shall, in the discretion of the convicting Justice, be fined in any sum not exceeding Five pounds, or in default of payment, be committed to the common gaol for the island or district in which such offence was committed, with or without hard labour, for any period not exceeding three months.
XVI. That all fines, penalties, and forfeitures, incurred under the rules of the said corps or under this Ordinance (except when imposed by sentence of a Court Martial), shall be levied by warrant under the hand of the quartermaster, and countersigned by the commanding officer of the day; and all such fines, penalties, and forfeitures, when imposed by sentence of a Court Martial, shall be levied under the hand of the President of the Court, and all such warrants shall be directed to the Regimental Marshal or his lawful deputy, who is hereby authorized and required to levy the same, 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 shall be sooner paid; and all fines, penalties, and forfeitures imposed and levied by virtue of this Ordinance, and not 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.
No. 2. Ord. No. 5, 1859.
Title of Volun
XVII. That if at any time it shall be deemed expedient to change the title of the said corps, it shall be lawful for the said corps to change the same, subject to the confirmation of the Presi- teer Corps may dent and notwithstanding such change, all and singular the rules, be changed by regulations, and enactments respecting the said corps, shall be held the Corps. and taken to apply to such corps by whatever name it may be called.
XVIII. That the following clauses of Ordinance No. 4 of 1854, entitled "An Ordinance to consolidate and amend the Laws now in force relating to the Militia," namely, the 4, 19, 23, 24, 25, 26, 27, 28, 29, 30, 31, 33, 37, 39, 40, 44, 45, and 47, shall be, and the same hereby are declared to apply to the said Volunteer Rifle Corps, and to have the same force and effect as regards the said Volunteer Rifle Corps, except so far as the same, or any of them, shall be inconsistent with the provisions of this Ordinance, as though the provisions of the said several clauses were contained in this Ordinance; and throughout the clauses above enumerated, wherever the word "Militia" shall occur, it shall be deemed for the purposes of this Ordinance to apply to, and to mean the said Volunteer Rifle Corps, and whenever the words General or Regimental Court Martial shall occur, the same shall be held to apply to any Court Martial established under this Ordinance.
XIX. Defines the meaning of the word "President.”
The following clauses of Ordinance No. 4 of 1854, to consolidate and amend the Laws now in force relating to the Militia, are, by the 18th Section of Ordinance No. 5 of 1859, declared to be in force and apply to the Turks Islands Volunteer Rifle Corps, as though the provisions of the said several clauses were contained in the said last-recited Ordinance, to authorize the enrolment of a Volunteer Rifle Corps within these islands, viz. :-
IV. That on the demise of the Crown it shall not be necessary for any officer in the said Militia to renew any commission; but all such commissions shall nevertheless continue in full force. XIX. That it shall be lawful for the President from time to time to regulate by general order the number of general musters or reviews, company musters or drills, and other duties to be performed by the said Militia; as also all matters relating to the internal economy of the said Militia; and that, except when otherwise directed by the said President, no greater number than twelve private drills shall take place in any one year, and no greater number than two private drills in any one month.
of 1854, to
nance, No. 4
Meaning of the word President.
Clauses of Ord. No. 5, 1859, which apply to
Commissions to continue in
full force notwithstanding demise of the
Crown. Musters, &c., regulated.
XXIII. That all General and other Courts Martial constituted by Courts anthis Ordinance shall have authority, and they are hereby required thorized to adto administer an oath to every witness examined at the trial of any offences which may be brought before them; and any person taking a false oath, or procuring or suborning any other witness or person so to do, shall be liable to have an information filed against him in the Supreme Court of these islands, and upon conviction, shall suffer the like pains and penalties as by law are inflicted upon persons guilty of perjury or subornation of perjury.
Ord. No. 5, 1859,
which apply to
Form of oaths.
Punishment for misbehaviour.
Witnesses free from arrest.
Neglect of attendance, how punished.
XXIV. That in all trials by General or other Courts Martial to be held by virtue of this Ordinance, every member assisting at such trial, before any proceedings be had thereon, shall take the following oaths before the Judge Advocate or his Deputy, or (in Regimental Courts Martial) before the clerk appointed by the President of the said Court, who are respectively authorized to administer the same, that is to say: "You shall well and truly try and determine according to evidence in the matter now before you. "SO HELP YOUR GOD."
"I, A. B., do swear that I will duly administer justice according to Ordinance No. 4 of 1854, entitled 'An Ordinance to consolidate and amend the Laws now in force relating to the Militia,' without partiality, favour, or affection: and if any doubts shall arise which are not explained by the said Ordinance, according to my conscience, the best of my understanding and the customs of war in like cases. And I further swear, that I will not divulge the sentence of the Court until it shall be approved of by the President, or other officer duly authorized; neither will I upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the Court Martial, unless required to give evidence thereof by a Court of Justice or a Court Martial in due course of law,
"SO HELP ME GOD."
And as soon as the said oaths shall have been administered to the respective members, the President of the Court is hereby authorized and required to administer to the Judge Advocate or the person officiating as clerk, an oath in the following words:
"I, A. B., do swear that I will not upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the Court Martial, unless required to give evidence thereof as a witness by a Court of Justice or a Court Martial in due course of law,
"SO HELP ME GOD."
XXV. That no person whatsoever shall use any menacing or disrespectful words, signs, or gestures in the presence of any Court Martial when sitting, or shall cause any riot or disorder, so as to interrupt their proceedings, on pain of imprisonment, at the discretion of such Court Martial for any period not exceeding ten days.
XXVI. That all witnesses duly summoned by the Judge Advocate or person officiating as such, shall during their necessary attendance on such Courts, and in going to and returning from the same, be privileged from arrest, in like manner as witnesses attending the Supreme Court are privileged; and if any such witness shall be unduly arrested, he shall be discharged by the Court out of which the writ or process shall issue; and if any such Court be not then sitting, then by any Judge of such Court upon its being made to appear to such Court or Judge by affidavit, that such witness was arrested in going to, or returning from, or attending on such Court Martial; and all witnesses so summoned who shall not attend on such Courts Marshal shall be liable to be punished by such Court in like manner as if such witness had neglected to attend on a trial in any criminal proceeding in the Supreme Court.
XXVII. That no sentence of a General or Regimental Court Martial shall be carried into execution, until after the report of the whole proceedings shall have been made to the President, and his directions received thereon.
XXVIII. That a record of the proceedings of every such General Court Martial shall be made and kept by the Judge Advocate, or his deputy, and be open to the perusal and inspection of the officers of Militia; and a similar record shall be made by the clerk of every Regimental Court Martial, subject to the perusal and inspection as aforesaid, the same to be kept by the adjutant.
care all buildings and Military equipments, &c., are to be placed.
XXIX. That all buildings provided for the use of the Militia, and all military equipments, provisions, or stores for the use of the same, shall be under the care and inspection of some person or persons appointed by the President for that purpose. And such person or persons who shall embezzle any money or fraudulently misapply or damage any military equipments, provisions, or stores, belonging to the Militia force, or be concerned in, or connive at such embezzlement, fraudulent misapplication or damage, may be tried for the same by a General Court Martial, which may adjudge any such offender to be cashiered, and to suffer such other punish- Misapplication ment as such Court shall think fit, according to the nature and of same, how degree of the offence; and every such offender shall, in addition to punished. any other punishment, make good, at his own expense, the loss and damage sustained, which shall be ascertained by such Court Martial; and the loss and damage so ascertained shall be recovered in manner hereinafter directed.
XXX. That any non-commissioned officer or private of the Abuse of arms, Militia who shall embezzle, misuse, injure, or negligently lose, or &c., how punwho shall wilfully suffer to be misused or injured, any military ished. equipments furnished to him, or shall carry away, or suffer to be carried away, from the island on which he may be enrolled, any such military equipments, except in obedience to lawful orders to that effect, he shall be liable to pay treble the original cost of the article or articles so misused or injured, lost, or carried away, as aforesaid, to be recovered, with costs, before any magistrate in a summary way; and any person who shall buy any such military equipments, knowing the same to be such, either at public or private sale, shall forfeit the sum of ten pounds, to be recovered with costs in manner hereinafter directed; and any person with whom any such military equipments may be deposited for sale is hereby required to deliver the same to the proper person authorized
to take charge of such military equipments, otherwise he shall be Penalty for deemed to be the purchaser thereof; and it shall be the duty of the buying militia person having charge of the military equipments as aforesaid, to arms. cause all offenders in the premises to be proceeded against in manner aforesaid.
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 anthorized 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.
XXXIII. That it shall be the duty of the corporals of the
Militia men not to leave the Colony without de
livering up arms, &c.
No. 2. Clauses of Ord. No. 5, 1859,
which apply to Rifle Corps. Corporals to
Maintenance of wounded
Militia rules in force.
How summonses to be delivered.
The President may remit fines, &c.
Persons sued may plead the general issue.
several companies to summon the men belonging to their respective 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, 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.
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.
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 conduct in officers of Militia, and all offences to the prejudice of order 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.
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 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
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.