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and discipline, whether in officers, non-commissioned officers, or No. 1. privates, shall be taken cognizance of and punished by sentence of Ord. No. 4, a general or Regimental Court Martial according to the nature and 1854. 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 Presi. dent 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 ne
how furnished. cessaries 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. concerned in the expenditure or application of moneys to be drawn misapplication
of funds, 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,
how obtained. 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 How sumgiven, may be given either verbally or in writing, and if in writing, monses to be
delivered. 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
No. 1. party shall usually reside; and in any proceeding for non-obedience Ord. No.4, to any such summons, it shall be sufficient for the party complain1854. ant 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. The President XLV. That the President shall be, and he is hereby empowered
at his discretion to remit the whole or any portion of any fine, fines, &c.
penalty, or forfeiture incurred under the provisions of this Orli
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. Persous sued XLVII. That if any person shall be sued for anything done by may plead the
virtue of this Ordinance, it shall be lawful for such person to plead general issue.
the general issue and give this Ordinance and the special matter in evidence; and if judgment be given for the defendant, or the plaintiff bo nonsuited, or his suit be discontinued or abated, such
defendant shall be entitled to double costs. Bahama Acts
XLVIII. That after the allowance of this Ordinance, the followrepealert.
ing 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 1859.
within these Islands. (Passed Dec. 8th, 1859. Confirmed
August 2nd, 1860.) PREAMBLF.
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., President to be Colonel of the
I. That the President of these islands, for the time being, shall Volunteer Corps. be the colonel of the said Volunteer Rifle Corps. Enrolment of 4 II. That it shall be lawful for the said President to permit the companies, not enrolment of four companies of volunteers, two at Grand Turk, one more than 50
at Salt Cay, and one at East Caicos; each company to consist of 2 Grand Turk.. such a number of rank and file, not exceeding fifty, as he may deem 1 Salt Cay. proper. 1 East Caicos. III. That it shall be lawful for the President to grant commisPresident to sions (provisionally until Her Majesty's pleasure be known) to the grant commis
officers of the said corps who may, from time to time, be selected sions.
according to the rules of the corps. Companies to IV. That the two companies of Volunteers at Grand Turk, make rules, jointly, and each of the other companies of the said Volunteer Rifle subject to the
Corps, severally, shall, from time to time, make rules and regulacontirmation of the Presi
tions (and also alter and amend the same for their government) dent.
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 No. 2. as if the same were set forth in this Ordinance.
Ord. No.5, V. That all the rules and regulations, elections and appoint 1859. ments, 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.
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
Militia service. 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 No person to the said corps, who shall appear under arms, except in obedience appear under to any order from his superior officer, shall be liable to a fine of
arms except by one pound for every offence.
VĪII. That for the trial of all offences that may be committed Courts Maragainst this Ordinance, and which are not otherwise herein pro- tial to be apvided for, it shall and may be lawful for the President to order a
pointed by the
President. 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
constituted. 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, Penalty for who shall neglect, refuse, or omit to attend such Court Martial, refusing to atshall 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 Persons to he less than three days' notice, in writing, as well of the charge or tried to have charges to be preferred against him, as of the time and place of notice of same, 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 When necesapprehension thereof, it shall be lawful for the President to order sary, the Presi
dent out the whole corps, or such part as shall be deemed requisite to
out the Volunperform 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.
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
may be im
No. 2. procure refreshments for the same at a rate not exceeding four Ord. No.5, shillings per diem for each man; and to impress such carts, horses, 1859. or mules, as may be necessary for dragging cannon and carrying
baggage, ammunition, or stores, or the like, when upon any march, Horses, &c.,
giving certificates therefor to the persons of whom the same may pressed.
be received, and the President is hereby authorized, by and with Expenses how the consent of the Executive Council, to issue his warrant on the defrayed. 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. Persons to in XIII. That it shall be lawful for the President to procure at the struct officers
public expense, non-commissioned officers from the army, or some and men to be provided at
persons who shall have served in the army, to instruct the officers public expense.
and men of the said corps in their exercise; and the President is
, 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 XV. That if any person shall abuse, resist, impede or assault, or ing or imped shall aid or incite any other person to abuse, resist, impede or ing men of
assault any officer or private of the said Volunteer Rifle Corps of Royal Volunteer Corps,
these islands whilst on duty, every such offender being thereof how dealt with. convicted before the police or acting Police Magistrate at Grand
Turk, or before the Assistant Police Magistrate at either Salt Cay
months. Fines, how
XVI. That all fines, penalties, and forfeitures, incurred under recovered.
the rules of the said corps or under this Ordinance (except when
posed and levied by virtue of this Ordinance, and not otherwise priated.
appropriated, shall be reserved for the use of Her Majesty, her
heirs, and successors, and be applied towards defraying the expenses
No. 2. of the government of this colony.
Ord. No.5, XVII. That if at any time it shall be deemed expedient to 1859. change the title of the said corps, it shall be lawful for the said
Title of Voluncorps 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, Clauses of entitled “An Ordinance to consolidate and amend the Laws now in Militia Ordi
No. 4 force relating to the Militia," namely, the 4, 19, 23, 24, 25, 26, of 1854, to 27, 28, 29, 30, 31, 33, 37, 39, 40, 44, 45, and 47, shall be, and the apply to Volunsame hereby are declared to apply to the said Volunteer Rifle Corps, teer 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.”
Meaning of the word President.
The following clauses of Ordinance No. 4 of 1854, to consolidate Clauses of and amend the Laws now in force relating to the Militia, are, by the Ord. No. 5, 18th Section of Ordinance No. 5 of 1859, declared to be in force 1859, and apply to the Turks Islands Volunteer Rifle Corps, as though the which apply to provisions of the said several clauses were contained in the said
Rifle Corps. 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 Commissions for any officer in the said Militia to renew any commission; but all to continue in
full force notsuch commissions shall nevertheless continue in full force. XIX. That it shall be lawful for the President from time to time
demise of the to regulate by general order the number of general musters or Crown. reviews, company musters or drills, and other duties to be per- Musters, &c., formed by the said Militia ; as also all matters relating to the regulated. 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 Courts anthis Ordinance shall have authority, and they are hereby required thorized to ad
minister oaths, 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.