No. 1. Ord. No. 4, 1854. 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. how furnished. of funds. 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. how obtained. 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 How sum monses to be delivered. No. 1. Ord. No. 4, 1854. 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 nance. 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. 1859. 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.) PREAMBLE. W 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, not President to 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 proper. 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. Militia service. No person to appear under arms except by order. Courts Martial to be appointed by the President. constituted. VIII. That for the trial of all offences that may be committed against this Ordinance, and which are not otherwise herein pro-. vided 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 How to be 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 and how to be such notice, he shall stand convicted of the offence in such notice dealt with for expressed, and shall incur such penalty as the Court would have non-appearance. 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. Penalty for refusing to at tend same. Persons to he tried to have notice of same, When neces sary, the President may order out the Volun teers. 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 No. 2. Ord. No. 5, 1859. Horses, &c., may be impressed. Expenses how defrayed. Persons to instruct officers and men to be provided at public expense. 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 resist- Fines, how recovered. How appropriated. 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 fincs, 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. Militia Ordinance, No. 4 of 1854, to apply to Volunteer Corps. XVIII. That the following clauses of Ordinance No. 4 of 1854, Clauses of 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. XXIII. That all General and other Courts Martial constituted by this Ordinance shall have authority, and they are hereby required to 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. Meaning of the word President. Clauses of Ord. No. 5, 1859, which apply to Rifle Corps. Commissions to continue in full force notwithstanding demise of the Crown. Musters, &c., regulated. Courts an thorized to ad minister oaths. |