Militiaman

serve, find a substitute or pay the fine.

LX. No Militiaman drafted for actual service shall be drafted must exempt from serving, unless he shall forthwith pay a penalty of ten pounds, which shall be given to any approved man of the same class who is not himself drafted for service, and will serve in the place of the Militiaman paying such penalty, or such Militiaman may provide an approved substitute of the same class and not drafted, to serve in his place; and any volunteer or substitute, by his consent to serve as such, shall become liable in all respects as if drafted.

Infirm per

sons exempted.

In what cases second class

service men

LXI. No man drafted and unfit from bodily infirmity to perform his duty shall be taken for service.

LXII. If a greater number of men be required than the whole number of first class service men, then the requisite may be taken. number shall be taken from the second class service men, in like manner.

How men so

taken shall be

commanded.

LXIII. The Sedentary Militiamen so taken or drafted for actual embodied and service, shall be marched to such place as the Commander in Chief shall appoint, by such Officers as shall be detailed for that purpose by the Lieutenant Colonel of the Battalion from which they are taken, and shall there be embodied into Companies and Battalions, in such manner as the Commander in Chief shall direct, and being so embodied shall be commanded by such Officers as he shall from their qualification and fitness think proper to appoint.

Volunteer Companies may be embodied.

Term of service.

To what places they may be

marched.

LXIV. Any Volunteer Companies so called out for actual service, may be embodied into Battalions, if the Commander in Chief shall think fit so to order.

LXV. The Militiamen so taken or drafted for actual service from the Sedentary Militia, shall serve during one year unless sooner disbanded, and may then be replaced by others taken as aforesaid, and shall not be liable to be again taken until all others in the same class shall have been taken; but the men in Volunteer Militia Companies shall serve for the time for which they have engaged to serve, which time shall not be less than five years, subject, however, to be determined on one month's notice as hereinbefore mentioned: Provided that no Volunteer shall leave the service, either with or without notice, at any time when the Militia are called out, unless he be regularly discharged or have served out the time for which he engaged.

LXVI. The Militia so called out may be marched to any part of the Province, or to any place without the Province but conterminous therewith, where the enemy may be, and from which an attack on this Province may be apprehended.

LXVII. The Militia so called out and every Officer or man Militia called belonging to it, from the time he shall be ordered, taken or drafted out to be subfor actual service, shall be subject to the Articles of war and to ject to articles of war, &c. the Act for punishing Mutiny and desertion and all other Laws then applicable to Her Majesty's Troops in this Province, and not inconsistent with this Act: except that no Militiaman Exception. shall be subject to any corporal punishment except death or imprisonment, for any contravention of such laws; and except Exception. also that the Commander in Chief may direct that any provisions of the said laws shall not apply to the Militia.

Officers as

regards Mili

LXVIII. Any body of Militia so called out shall be command- Rank and ed by the Officer highest in rank then present, or the senior of command of two or more Officers of equal rank; Officers of Her Majesty's Regular Army shall always be reckoned senior to all Militia tia. Officers of the same rank, whatever be the dates of the respective commissions; and Colonels appointed by Commission signed by the Commander of Her Majesty's Regular Forces in Canada, shall command Colonels of Militia, whatever be the date of their respective Commissions.

Militiamen

LXIX. No Militia Officer or Militiaman shall be sentenced For what of to death by any Court Martial except for mutiny, desertion to fences only the enemy, or traitorously delivering up to the enemy any may be sengarrison, fortress, post or guard, or traitorous correspondence tenced to with the enemy; and no sentence of any General Court death. Martial shall be carried into effect until approved by the Sentence must Commander in Chief.

be first ap

proved.

LXX. No Officer of Her Majesty's regular army shall sit on Officer of any Militia Court Martial.

ARMAMENT OF SEDENTARY MILITIA.

army not to sit, &c.

Militia to be

LXXI. The arms and accoutrements for the Sedentary Mili- Arms, &c. of tia shall, when such Militia is not called out for actual service, Sedentary be kept in Armouries at the following places: Quebec, Three- kept in ArRivers, Rivière-du-Loup (below), Sorel, St. John's, Montreal, mouries at the City of Ottawa, Prescott, Kingston, Peterborough, Toronto, certain places. Guelph, Hamilton, London and Chatham.

LXXII. If there be at any such place no building adapted Buildings for to be used as such Armoury, the Commander in Chief may Armouries. cause a proper building to be erected, at a cost not exceeding seven hundred and fifty pounds for each such building; or he may cause any public building or part thereof to be altered so as to adapt it for such Armoury at a cost not exceeding one half the said sum.

LXXIII. The Commander in Chief may employ a proper Care of such person to have charge of each such Armoury and of the arms Armouries. therein, and may cause such person to be paid at a rate not exceeding seventy-five pounds per annum.

Arms, how

delivered to

LXXIV. The arms in such Armouries respectively, shall be delivered out to the Sedentary Militia called into actual service, Sedentary Mi- in such way as the Commander in Chief shall appoint.

litia.

May be kept by Militiamen in certain

cases.

What shall be

furnished by

those on whom they shall be bil

leted.

LXXV. If there be any Militia division in which, from its position, it shall not be deemed advisable to have the arms of the Sedentary Militia kept in an Armoury, such arins may be delivered out to the enrolled service men of the first class or of the first and second classes in such division, as the Commander in Chief may order, each man giving a receipt for those received by him and security for their safe keeping and delivery to any Officer authorized to demand them.

BILLETING AND CANTONING TROOPS AND MILITIA WHEN ON ACTUAL

SERVICE, AND FURNISHING CARRIAGES, HORSES, &c.,

FOR THEIR TRANSPORT AND USE.

LXXVI. When Her Majesty's Regular Forces or the Militia, shall be on a march within this Province, and billeted as hereinafter mentioned, every householder therein shall, when required, furnish them with house-room, fire and utensils for cooking, and candles; and in cases of emergency, by actual invasion or otherwise, the Officer commanding the Regiment, Battalion or Detachment of Troops or Militia, may direct and on emergency, empower any Officer or non-commissioned Officer of the same, or other person, after having first obtained a warrant for such purpose from a Justice of the Peace, to impress and take such horses, carriages or oxen as the service may require, the use of which shall be thereafter paid for at the usual rate of hire for such horses, carriages or oxen.

Impressing carriages, &c.,

Justice of the

Peace to billet

ing Officer.

LXXVII. When the said Troops of Her Majesty, or the on requisition Militia, or any Regiment, Battalion, or Detachment of of command the same, are on a march as aforesaid, the Officer or non-commissioned Officer commanding them shall require a Justice of the Peace to billet, and such Justice shall immediately thereupon so billet the said Troops or Militia as to facilitate their march, and in such manner as may be most commodious to the inhabitants; and every inhabitant householder shall receive the Troops or Militia, so billeted upon him, and furnish them with the lodging and articles mentioned in the next preceding section.

men billeted.

Lodging of LXXVIII. No Officer shall be obliged to pay for his lodging Officers not to where he shall be regularly billeted; but each householder upon be paid for: whom such soldiers are billeted shall receive from Government for Allowance for each non-commissioned Officer, Drummer and Private of Infantry, a daily rate of six pence, and for each cavalry soldier, whose horse shall be also provided with stabling and forage, a daily rate of fifteen pence; and every Officer or non-commissioned Officer to whom it belongs to receive, or who does actually receive the pay for any officers or soldiers, shall, every

Proper Officer to settle ac

counts of Off

cers and Sol

four

four days, or before they shall quit their quarters if they shall diers, out of not remain so long as four days, settle the just demands of all their pay, &c. householders, victuallers, or other persons upon whom such officers and soldiers are billeted, out of their pay and subsistence money, before any part of the said pay or subsistence money shall be distributed to them respectively, provided such demands do not exceed in amount their pay and subsistence money for the time, credit beyond which is not to be granted.

LXXIX. When the safety of this Province shall require that Quartering and the said Troops of Her Majesty or Militia, or any Regiment, billeting Battalion or Detachment of the same should be cantoned in any cantonment. Troops, &c. in part of this Province, any Justice of the Peace in the places where such Troops or Militia may be cantoned, upon receiving an order from the Officer commanding them or on a requisition form the Officer commanding any such cantonment, may quarter and billet, and the said Justice is hereby required to quarter and billet the Officers, non-commissioned Officers, Drummers and Privates of the said Troops or Militia, upon the several inhabitant householders, as near as may be to the place of cantonment, avoiding as much as possible to incommode the said inhabitants, and taking due care to accommo⚫ date the said Troops or Militia.

LXXX. If any inhabitant shall consider himself aggrieved Complaint of by having a greater number of the said Troops or Militia billeted persons aggrieved, and upon him than he ought to bear in proportion to his neighbours, how redressed. then on complaint being made to two or more Justices of the locality where such Troops or Militia shall be cantoned, they may and are hereby authorized to relieve such inhabitant, by ordering such and so many of the said Troops or Militia to be removed and quartered upon such other person or persons as they shall see cause, and such other person or persons shall receive such Troops or Militia accordingly.

LXXXI. No Justice of the Peace having any Military Office No justice or Commission in the said Troops or Militia, shall directly or being an offi indirectly be concerned in the quartering or billeting of any cer to billet or Officer, non-commissioned Officer, Soldier or Soldiers of the quarter troops. Regiment, Corps or Detachment under the immediate command

of such Justice or Justices.

LXXXII. Nothing in this Act contained shall be construed to Troops not to authorize the quartering or billeting of any Troops or Militia be billeted either on a march or in cantonment, in any Convent or Nun- upon nuns. nery of any Religious Order of Females, or to oblige any such Religious Order to receive such Troops or Militia, or to furnish them with lodging or house room.

LXXXIII. When any Troops of Her Majesty or Militia or any Justice may part of them, shall be so cantoned as aforesaid, any Justice of require perthe Peace where such cantonment is made, upon receiving an sons to furnish

order

carriages &c,

for troops.

On refusal

order to that effect from the Officer commanding the said Troops or Militia, or a requisition in writing from the Officer commanding that cantonment, for such and so many carriages as may be requisite and necessary for the said Troops or Militia, is hereby required to issue his Warrant to such person or persons as may be possessed of carriages, horses or oxen, within his jurisdiction, requiring him or them to furnish the same for the service aforesaid, and if he refuse to furnish the same after receiving such Warrant, they Limitation of may be impressed and taken for such service; but no such carriage, horse or ox, or any carriage, horse or ox, mentioned in the previous sections of this Act, shall be compelled to proceed more than thirty miles, unless in cases where other carriages, horses or oxen cannot immediately be had to replace At what rate them; and such carriages, horses or oxen shall be paid for at

they may be impressed.

travel,

to be paid for.

In cases of emergency,

boats, &c., may like manner.

the usual rate of hire.

LXXXIV. In cases of emergency, when it may be necessary to provide proper and speedy means for the conveyance by Railway or by water, of the said Troops of Her Majesty or Militia, and also of their ammunition, stores, provisions and baggage, any Justice of the Peace of and in the locality where such Troops or Militia may be either on a march or in cantonment, upon receiving a requisition in writing from the Officer commanding such Troops or Militia, for such railway cars and engines, boats or other craft as may be requisite for the conveyance of the said Troops or Militia and their ammunition, stores, provisions and baggage, may issue and is hereby required to issue his warrant to such person or persons as may be possessed of such railway cars and engines, boats or other craft within his jurisdiction, requiring him or them to furnish the same for that service, at and after the rate of payment to be allowed by the said Justice, not exceeding the usual rate of hire for such railway cars and engines, boats or other craft; and if any such person or persons shall neglect or refuse, after receiving such Warrant, to furnish such railway cars or engines or his or their boats or craft for that service, such railway cars or engines, boats or other craft may be Proviso as to impressed and taken for such service: Provided always, that Railway Com- nothing herein shall be construed to impair the effect of any Act obliging any Railway Company to convey such Troops, Militia, and other articles aforesaid, in any manner or on any terms and conditions therein mentioned, or to release any such Company from any obligation or penalty thereby imposed.

Rate of pay for the same.

May be im

pressed on re

fusal to furnish.

panies.

PENALTIES.

Refusing to LXXXV. Any Officer of Militia refusing or neglecting to make rolls,&c. make or transmit, as herein prescribed, any Roll or Return, or copy thereof, required by this Act or by any lawful authority, or wilfully making any false statement in any such Roll, Return, or copy, shall thereby incur a penalty of ten pounds, for each offence.

LXXXVI.