. AN ACT “ Lo repeal part of the Laws now in forte for Raifing and Training the Militia of this Province, and to make further and more effe&ual provifion for the fame, | | [Pafled the 14th March, 1814 ] AV’ HEREAS a well difciplined Militia is necefary for the defence of the Proviice, Be it enaGted by the King’s moft excellent Majefty, by and with the advice and confent of the Legiflative Council and Af- fembly of the Province of Upper Canada, conftituted and affembled by virtue of and under the authority of an act paffed inthe Parliament of Great Britain, entituled “ An A& to repeal certain parts of an a@ palled in the fourteenth year of his Majefly’s Reign, “ entituled « An A@ for making more effectual provifion foi the _— Government of the province of Quebec in North America, and to make further provifion for the Goverument of the faid “Province,” and by the authority of the fame, That all former as in any wile relating to the raifing and training. of the Militia within this Province, be, and the fame are hereby repealed. Provided always that no« thing herein contained, fhall extend, or be conflrued to extend to annu] or make void any Militia Commiffion or appointmente which nay SOW be in force, or to difcharge any Officer, Non-Commffisned Officer, or Private man now on duty, till regulariy relieved or difcharged according to the prefent Laws, or to annal and make void that part of the Militia Laws relative to thie Incorporated Militia, unlefs otherwife provided for by this a& wts é TI. Provided alfo, And be it further enaded by the authority aforcfuid, That nothing herein contained fhall ex- at tend, or be conftrued'to extend, to repeal a certain aét of the Legiflature of this Province, pafled in the fiftys firil year of his Majefly’s reign, entituled, “*an.ad&tto amend an ac paffed in the forty-cighth year of his. Via; jeily’s reign, entituled * an aé to explain, amend, and reduce to one a& of Parliament, the feveral Laws now in being forthe railing and training of the Militia of this Province,” or any matter or thing therein contained. IVS. And be it further enaGed by the authority aforefaid, That from and after the paling of this a&, it thall ‘and may be lawful for the Governor, Lieutenant Governor, ot perfon ad ministering the Government of this Province, from time to time, to conttitute and appoint by commiffion under his hand and feal, a fufficient fhom- ber of Officers to train, difcipline, and command the ‘Militia of the Province, and alf> fuch number of Staff Officers as he fhall think necéffary, and the Officers fo appointed for the Militia fhall rank with fuch of the Ofz ficers of his Majelty’s Forces as may for the time being ferve within this Province as youngett of their refpeGtive ranks. Provided always, that Lieutenant Colonels having permanent or brevet rank by commiffion, or ap pointments in his Majetty’s Regular Forces, fhallcommand all Militia Officers whatever IV. And be it further enaéed by the authority aforcfaid, That at fhall and may be lawful for the Colonel, Lieutenant Colonel, or Officer commanding any Kegiment or Battalion, and he is hereby required to order and direct the Adjutant of {uch Regiment or Batta!ion as oftea as the fame may be neceflary, to fuinifh him with complete Returasof all and every perfon or perfons within the limits of fach Regiment or Ba'talion liable to Militia duty, fpecifying their age and place of abode, and the more eafily to enable the Adjutant fo to do, it fhali be lawful for him to call upon any Captain, or oilicer commanding a-company, for a return of the .ames of the men of his company, and alfo of the names of fuch perfons as may have lately remioved to any place within the limits of his company, and after he fhal' have been furnifhed with fech return as aforefaid, to form the Militia men fo returned into companies, ia fuch manner as tohim fhall feem moft conducive to the interefts of the fervice. : V. And be it further ena&ed by the autherity aforefaid, That every male inhabitant from the age of fixteen years to fixty, n w refident, or who May hereafter become refident within the limits of any Reyiment or Bat- ta'ion as aforefaid, fhall_ be deemed capable of bearing arms and fhali be confidered a militia man, and fhall within eight days after he fhall have attained the ape of fixteen years, or become refideot within the limits of any fuch Regiment or Battalion. enroll his name with lome ove Captain or other | fier commanding a com-a- ny of the faid Regiment or Battalion, who i: hereby authorized and required to tranimit the fame with al] cone venient {pecd, to the Adjutant thereof for the information of the commandiug officer of the Regiment or Bat- talion Provided always, that no perfon above the age of fifty yeats fhail be called upon to bear arms except on the day of annual meeting, or in tine of War or emergency. VI. Provided alfo, Aud be it further enaded by the authority aforcfaid, That the negleé of any perfon fo to prefent hi sfelf for enrollment, fhal: vot be conttrued to prevent the .ame of fuch Heng ey Hed, and fuch Col- one! or officer commanding is hereby reqtured to enter the name of every fuch perion as fhail come to his kndw- s mares } Hh aa \ tat i | 7 { - A 4 ledge upon the enrollment of the Regiment or Battalion, and when fo entered, every fuch perfon fhall be fob. ject to perf rm all and every the like Militia duties, and urder the fame per alties as if he bad perfonally pre- Vented himfelf for enrollmest. Provided alfo, that if any difference fhall arife between any Captain or officer and any militiaman, touching the age of fuch militia man, it fhall be incumbent on the faid militia man to prove his age. VIf. And be tt further enaGed by the authority aforifaid, That it fhall and may be lawful to and for the Go- vernor, Lieutenant Governor, o1 perfon adminiltering the Government, or the perfon commanding any Regim> ent or Battalion, as often as occafion fhall require, to employ any and every of the faid companies upon any fuch militia duty as be fhali think neceflary. VIL. «= And be it further ena&ed by the authority aforefaid, That if any non-commiffioned officer or private fhall refufe to obey the lawful orders of his fupe:ior officer when employed on Muitia duty, or fhall quarrel with or infolt by abufive language or oth wife any officer or non-commilfioned officer whift on duty, it fhall and may be lawful for the commanding officer then and there prefent, to order any fuch offender forthwith to be taken into cuftody, and tried by a Court Martial, to be compoled of three or more officers of the faid Mi- liria, who upon proof of the offence by the oath of one or mose credible witnefs or witneffes, fhalland may or- der and fentence every fuch offender to pay a fine not exceeding, on actual fervice, twe ity pounds, and afum not exceeding five pounds when the offence fhall not be committed on aétual fervice, according to the nature of the offence and the difcretion of the Court, and 1a default of payment when the militia fha'l be en-bodied, to commit the offender, or keep him in fome fafe place of confinement for a term not exceeding fix mo:ths, or un- til the amount of fuch fine be paid ; and when the militia fhall not be called.oa actual fervice, to coma it him to the common Gaol of the Diftrict for aterm not exceeding one month, or until the amount of fuch fice be ’ paid. X. And be it further enadied by the authority aforefaid, That it fhall and may be lawful for the Captain com- andiag any company of Militia, if he fhall think it more conducive to the good of the fervice and the cafe and m g any pany Militia, if he fhall think 1t e } to the good of the { PAE fthe me divide his Re 2 it fanads of fucl smbe ache fhall hink prover and th: Si convenience of the men to divide his company int o iquac och number as he fhall think proper, and that tne Captoin or other officer commanding any fuch.company, fhall always provide and appoint a proper perion to iniiru& the men to be aflembled at each of the faid {quad meetings. X. And be it further enaded by the authority afore aid, That if any Captain or other officer commancing «ny company of Militia, fhall refufe, or negleét to call out his company when thereto required by his fapertor ofK- cer. he fhall forfeit and pay forevery fuch offence, in time of war, a fum of money not exceeding ten pounds, and in time of peace, a fum not exceeding five pounds, to be recovered upon the oath of one credible witnefs, 1 time of war, before a Court Martial, and ia time of peace before one or more of his Ma‘efty’s Juftice of the Peace, and in default of payment, the faid Juitices or Court Martial may commit him for a time not exceeding two months, or until the fine be paid. ; I Xl. And be it further enad d by the authority aforzfaid, Thit in time of war, rebellion, or any other prefling exizeacy, it fhall and may he lawful for the Governor, Lieateaant CG ivernor, or perfoa ai-ninitlering the Cee yermment, to cali forth aay of the different companies of the Militia, and’to march them from their refpeGive counties or ridings, town, townfhips or parifhes, to any part of this Provirce, there to ferve in conjunction with the other Militia, or with his Majefty’s Forces, and any perfon refufing to obey fuch orders, or commands, or abfconding from, or negledting to repair to the place he is ordered t», being a commiffioned officer, fhall upon conviction before a Court Martial, or two or more of his Majefty’s Jufices of the Peace, upon the oath of one or more credible witnefs or witneffes, forfeit and pay the fim of fifty pounds, and to be held to be unfit to ferve his Majefty as an Officer tn any Military capacity; and being 4 non-commiffioned officer or private, fhall for- feit and pay the fum of twenty pounds, and in default of payment for iuch refufal or negleét, fach officer, non- commiffioned officer, or private, fhall be committed to the common Gaol of the Difinct, or to fome other fafe place oi confinement for any time not lefs than fix nor more than twelve alendar months, except fuch perfon fhall fatisfy the Colonel or officer commanding fuch Regiment or Battalion to which he belongs, that fuch re- fafal or neglect arofe from ficknels, or that he was abfent upen leave. Provided that no Militia man fhall! be {> called ont who fhall be above the age of fifty years, unlefs that the whole of the Militia ef any Difiriet or Battalion to which he may belong thall be called out and embodied. Provided alfo, that it fhall not be lawful to order the Miliuia or any part thereof to march out of this Province, except for the affiftance of the Province of Lewer Canada, whea the fame fhalf be atually invaded or in a tlate of infurre&tion, or except in purfuit of an enemy who may have ‘ivaded this Province; and except alfo for the deftradtion of any veffei or veffels, built or building, or any Depot, or Magazine formed or forming, or for the attack of any enemy who may be embo- died or marching for the purpole of invading this Province, or fer the attack of any Fortification now ercéted or which may be hereafter ere 4ed to cover the invafion thereof. Provided always, that neither the payment of any fine or any confinement under this act thal! extend, or be conftrued to extend to exempt any perfon or per- fous from ferving out the full time for which he or they may have been ballotted or ordered. - + _ 1. VS a . ¥.43 ‘ XML. And be it further enafted by the authority aforesaid, That it thall and may be lawful for the G overnor, sentenant (ins ~ Sa i — my . Sieute kant ei rnor, o perion aumiout ring ihe Governa eut, to call out detachments of the Muaiitr: tl, and. to » | oe Be ae a } oy that . j - : Mevit and fix the number of men to be called cut on fweh detachments, and in cafes of emergency by aétual inva. : e ° ry . . ‘ é / - . fion, or otherwife, when it may not be practicable to conlult the Governor, Lieutenant Governor, or petfon ad. minitering the Government of this Province, it fhall and may be lawful for the Officer commanding any Res . | I ayer - Ruittaliar a, eee mp cats a pias OF B itta pg +O its it a 1 ap oint the namoecr of men that h- fly all judge ecellar y to be called Out, : ad for that purpote to fre his order to the feveral offi. ers, and alfo to direct and aut ich rize any officer, having firtk es Pee hak, ORME oT ghee Sey mi. ; Se: ee pray - obiaiued a Warrant fo eer purp fe f trom one of his Majeity’s Fallin: of the Peace, to imorefs fuch Car Ze, Car azes, Horfeand Horles as tne fervice m ly require, for the ufe of whiclrythe owner or owners thereof fhat] be ent tled t to receive ie lum of Twenty Shillings a day for every Cart or Carriage with two Horfes or Oxen and driver, and the fum of Fifteen Shillings a day for every Carriage with two oe rfes or Oxen, and for év ry Ho cemployed fingly the jum of Seven Shillings and Six Pence a day during fach tine as the fame fhall be eme ployed or detaimed on pablic fervice, and the Officers impreiliag fuch carriages or res (hall be‘ore difniffi .n of the fame, give to the owner or owners thereof a ceriificate of the time during which the faid carria ses, horfe wart Pay Ao SIE ey vy haw a Sees ~~" — agai iaemarre } c ; : Or nories Dave DHDe20e np O¥e i, OF OCS NCC Wat y AHD:Ccul in 24 ng fro na id ret irniny OOoMe On tuen tervi io } d foch certificate fha'l be a fufficient author ty for fuch owaer or , waers to demand and receive fron the Collec. tor of Cultoms, av Lafpedtor of the .Dittrrét,. to be paid out-of a 'y pr ib:i¢ Monies in his poe Tion, the fum mentioned in fich exrtificate 5 and the fail certifteate (hal! be a fufftsieat voucher i xt the payment of fuch mone es by the faid Colie&to: or Laipector, and fhill be tec. tved as fuch by the Receiver General of the Province, and fhai! be transferable by indorfement, and any indorfee fhill be eatided to} eon P amount of the fame am pec n his pofleflion any public monies. Provided al- _ a hh c +S | kane b. Bat pas ' ay - aiy fach Couector OF CULLO S Or LblIveCtor, WRO May iiave - / t ways, that whenever it fhall happen t nly part of the Militia of this "a Ry fhail be ca'led out for adtual ferviec, it thall and may be tawful for auy perfon, berg of the militia of t! he county or riding. that may be fo called out. to provide aad fead aa abe bostied man to ferve i: the faid Militia ia his ftead, and fuch able bod- ied man {hall be taken and received as.a proper fubftitute for fuch perfoa, living in the county or riding, that otherwife would be obliged to ferve ‘inthe fad part of the Militia called out as Sader fa.d. XILL. And be it further enafed by the authority aforefaid, That every perfon who now is enrolled in any Re- giment or Battal f Militia, fhall within fix mouths after the p lin 12 of this act, and every perfon who ‘hill hercafter be evrolled of any Regiment or Battalion of Militia, (hal! within fix months after fuch enrollment, provide himfelf with a good and fufficient Mufker, Fafil, Rifle or Gi ‘Dy with at leat fix rounds of Powder and Bal , and fhallcome provided with the fame at each and every tpme when he fhall be called out, either for the purpofe of review, exereiie or actual et tee ; and that every officer fhail provide himfelf with a good and full cient fword, and fholl come previded with the fame whenever he fhall appear at every Militia mee ting vr pa- rade, and if any perfon fo enrolled fhall negle& or refute to provide himfelf, or to come fo provided in the NET of review, or exercife, every officer thall forfeit and pay a fum not exeveding ten pounds, and every non-com- mifioned officer or private the Jum of ten fhillings, andin the cal fe of actual vice every officer a penalty uot excer ing twenly pounds, and every nov-comn” ioned officer and private a pena: Ity of forty fhi lings, t » be devi d in manne her 1 aft er me ntioned Provided alw VS, tinal when and | fo of en as at 1y O} fic =r or militia man fhail meke it appear to his Captain or officer commanding the Regiment or compa: ny: that he hain: t been able | to procure fuch fw wd, mufket, fufil, rife, gua or ammunition, it thall and may be lawful for fuch Ca ptain or officer commanding the regjment or company, toa mit of fuch excufe, and to certify the fame in writin; accore divgly, in which cafe fuch officer or miliia man {hall not be liabie to pay any fine whatever, XIV. And be it further enaded by the authority aforefaid, That were perfon who fha'l fell, or barter any part of the arms or equipments which may be delivered to him out of his Majetty’s Stores, or who fhali deflroy the fame, and every perfon who fhall knowingly buy, or by barter obtain, or who fhall deftroy fuch arms or equip- ments, {ha! a lever: liv and re:p tively forfeit and} pey a fun n not exceeding y ten p: yunds for every offence ‘eon con- viétion th: , by the oath of aay one credible iinefs before ay Court Marti l, or before one or more of his Ma je {} y "s a iflices © fthe P acey and in cafe the perion or perio: 15 fo felling any part of his, or their arms or equipments a$ aforefaid, or the -pei fon or perfons obtaining the fame in manner aforefaid, being there Se eI ted as vforefaid, thal! refufe or negleét to pay the amount of fuch fine, it fhall and may be lawfal for the faid Court, Juftice or Juttices, by a warrant under their hands and feals, to commit fuch perfon or perfons to the Gaol of the County or Dirict where the offence fha'l be committed, for any {pace of time not exceeding two months Abs led always, that it (hal) and may be lawful for the faid Court, Juftice, or Juftices to Slittarge the cerfon or perfons fo offending any time before the expiration of the fiid two months, when the perfon or perfons fo con Fed as aforefaid fhall tender to the faid Juttice or Juftices the penalty inflicted by this ac. XV. And be it further enaded by the authority aforefaid, That the Jufticé or Juftices of the Peace before oe A perfon or pe: fous fhall be convicted and fined for any offence againit this aét, are hereby authorized and empow a to levy the amount of fuch fine or fines, and al! reafonab!e colts and eharges i incu rred, both be- fore and after convictien, by dittre!s and fale of the goods aad chatiels of fuch ffender o: off Rtas ‘f the faid ra < Juitices fhall deem {uch a proceeding exp nedient and proper. Provided always that if any fuch offender or of- “4 9 enders fhall he convicted before a Court Martial of fuch offences, and the fentence of fuch Court ‘Martial fhali be, that the offender or offenders fhall pay a certain fine or fines, and the cofts and charges fo incurred, as as forefaid—Then, and in fuch cafe, it fhall and may be lawful for the officer vader whofe authority the faid Court Martial is called and approved, and he is hereby authorized to tranfmit fuch fentence to one or more Jule tice or Jultices of the Peace for the Diftri& where the diftrefs 1s-to be levied, which faid Juftice or Juftices is and are hereby dire€ted and required to iffue his-or their’ Warrant.or Warrants for the levying the amount of fuch fine or fines, coflsand charges, by diltrefs and fale.of the goods and chattels of fuch offender or offenders. ; ' KVI. And be it further enaéted by the authority aforefaid, That the amount of all fines when colle&ed, thall be paid to the commanding officer of the Regiment to which the offender or offenders fhall refpeQively belong, and the faid commanding officer is hereby required to tranfmit to the Governor, Lieutenant Governor, or perfon adminittering the Government, quarterly accounts certified on oath before any one of his Majefty’s Juf- tices of the Peace, of all monies fo received by himin manner aforefaid, and all {uch monies fhall be cifpofed of to the ufe of each Regiment in fuch manner as the Governor, Lieutenant Governor, or perfon admiuiltering the Government fhall dirc&. KVII. And be it further enaded by the authority aforefaid, That the arms and accoutrements of militia men fhall not be liable to be taken or fold under-or by virtue of any Writ of Execution whatever. XVIII. And he it further enaded by the authority aforsfaid, That in time of peace, every officer commasding acompany fhall give dix days notice to the militia men of fuch company of the time and piace of their meeting for the purpofes of exercile and review, unlefs the faid company be called out by order of the commanding of- ficer.of the Regiment. XIX. And be it further enaGed by the authority aforefaid,: Thatin the feveral Counties and Ridings where the number of men is fufficient,the militia fhall be formed into Regiments, confitting of not more than ten nor Icfs than eight companies, which companies fhall confit of not. Jefs than twenty, nor more than fifry private men, and the Field Officers of every Regiment of ten companies fhall be as follows, one Colonel, one Liexten- ant Colonel, and one Major, and no more ; andthe Field Officers of every Regiment of lefs than ten compan- jes fhall be as follows, one Lieutenant Colonel and one Major and no more ; and to each company there fhall beone Captain, one Lieutenait and one Enliga. XX. And be it further enabled by the authority aforefaid, That if any perfon or perfons thal srefume to dii- turb. interrupt or moleft any body or party of militia whilfl on parade, exercife or review, it fhall and may be lawful to and for the commanding officer of fuch body or party to order any fuch perfon or perfons to be car- ried before one of his Majefly’s Juftices of the Peace, who upon proof of the offence -by the oath of one or more credible witnefs or witnefles, fhall and may ofder and adjudge every fuch offender to pay a fine not exceeding fire - pounds nor Jefs than ten fhillings, and in default of payment to commit him or them to the common Gaol of the Diftri&, or other fafe p!ace of confinement, fora term uot exceeding one month nor lefs than ten days, unlefs the fine is fooner by him paid. XXI. And be it further enaGed by the authority aforcfaid, That to every Regiment there fhall be in addition to the officers already mentioned, one Adjutant and one Quarter Maiter, and the commanding officer of every Regiment thal] appoint one Sergeant Major and one Quarter Mafter Sergeant, and fhall as océafion may re- guive fix the number of the other non-commiffioned officers, and of the Drummers for each company in his Regiment, and the officers commanding companies fhall refpeGively nominate the non-commiffioned officers of their companies to the commanding officer of the Regiment, who is hereby authorized to approve or difap- prove of fuch nominations, and as occafion may requite to reduce any non-commiffioned officer or Druinmer to the ranks for incapacity or improper conéudt. ‘ XXI1. And be it further enaded by the authority aforefaid, That the commanding officer of every Regiment fhali call out his Regiment at iealt twice a year for the purpofe of exercife and review, and he fhall be at liberty whenever he may think proper fer the convenience of the militia, to order a part of the Regiment to meet at one place, and the remainder at another place. XXIII... And be it further enatied by the authority aforefaid. That it fo Tl and may he the duty of every Juftice of the Peace, Sheriff, Militia Officer, Coro. er, Conftabie and Parith Officer whatever, and they are hereby en- joined to apprehend and fecure Deferters from the militia, and to caufe fuch, Deferters to be conveyed to the nea. ft poft occupied by his Majefty’s regular or militia Forces. XXIV. And be it further ena&ed by the authority aforefaid, What every officer, non-commiffioned officer or sil'tia man not in a¢taal fervice who fhail negie& or refule to repair to the place of exerciie or review, wher - ; , 23:4 Sie thereto required by his fuperior officer, unilefs prevented by ficknefs, or having leave of abfence, thall forfeit and qpay, if an officer, a fum not exceeding ten pounds, and #f.a non-commiffioned officer or militia man, a fum not exceeding two pounds for every fuch offence, and-in default of payment to be committed to‘fome fafe place of -confinement for any time not lefs than ten.days, nor more than-one month. unlefs the fine and expences be fooner Be ‘paid. ls : 7 . 5 > ced * XXV. And de it furtber enadled by the authorty aforefaid. That whenever a Deferter from themilitia thall be ~apprehended, the court before which he may be tried for his Defertion fhall have full power and authority to order allexpences attending the apprehenfion and conveyance of fuch deferter or deferters to ‘his or their coms _ pany, troop or regiment, to be levied and colleéted in like manner-as fines may ‘be levied and colle&ed under ‘this act. : XXVI. And be it further ena&ed by the authority aforefaid, That when any non-commiffioned officer or mi- tia man fhall claim any exemption from militia duty, it thall and may be lawful, for ‘the commanding officer of the regiment to which he belongs, to call a court of inquiry *to-examine mto the grounds of fuch ‘claim, the . , members of which court and the witnefles produced before them, fhall be fworn*in like manner as is now done in courts martal, other than general courts martial, and to proceed thereupon agreeably to the report -of the faid court of inquiry. XXVIII. And be it further ‘enafed by the authority aforefaid, That when any non-commiffioned officer’or ‘mi- litia man (hall be committed to prifon purfuant to the judgement of any Juftice or Juftices of the Peace, or fen- tence of any regimental or garrifon covrt martial, it fhall and may be lawful for the commanding officer of the Regiment, Detachment or Poft, not-being under the rank of a field officer of militia, to remit the whole or any part of fuch offender or offender’s punifharent, and to:releafe ‘him or them from fuch imprifonment, or any part thereof. XXVILI. And be it further enaéted by ihe authority aforefaid, That if avy nonscommiffioned officer or militia man be hereafter apprehended and conveyed to any pott.or garrifon conformably to the provifion of this aé, and fhall net have fufficient perfonal property to pay theincidental expences, the perfon or perfons who fhall take and convey fuch deferter or deferters, may produce an account of {uch expences to the Juftices of the Peace in ‘ General Quarter Seffions affembled,for the Diftri& in which fuch deferter or deferters are found, and the faid Juftices or the major part of them are hereby authorized to allow fo much of fuch account as to them fhall ap- pear to be juft and proper, and to give tothe perfon or perfons producing the fame, an order’on the collector of cuftoms or Infpe&tor of the Diftritt, for the amount fo allowed, and the faid Colle&tor or Infpe&tor is hereby a direGed to pay the fame out of any monies in his hands, and fuch.order fhall be a fufficient voucher for the : payment of fuch monies by the faid Collector or -InfpeGor, and fhall be necewed asfuch by the Receiver Gen- = . \ . " . > i eral of the Province. f F X XIX. And be it further enaded by the authority aforefaid, That it thathand may be lawful for the officer come , mandine any. regiment, poft or detachment, having firft obtained a warrant from a Juftice of the Peace, to ifs ‘- | {ve-his warrant to imprefs Carriages or Teams, forthe purpofe of tranfporting any of his Majefty’s-troops, “7 - . — - " : 2 asein a ") ? ° . rere ant ’ ne _— naval or military ftores on their paflage through this Province, and the owner or owners of fuch Carriages:or 4 Teams fhall:be paid atithe rateof Fifteen Shillings a day foreach Carriage and pair of Horfes or Oxen furnifh- sili singe g« PS et sons 7 : : . c . ; . : ~ ‘ ed. and the further fum. 6f Five Shillings ifa Driverbe fenr with fuch l'eam, during the time fuch Team fhall be detaised or -employed in going from and retarning home, andvit fhall be the duty -of every officer or ‘o- . ther perfon having the charge of fuch detachment or ftores, to give a certificate {pecifying the fame, which cer- a : t. ; r eek S .¢- 3 eho snhnelas tne he. eutet lens wn bites oe ai an ¢ Pt Ar ay See titicate fhall be transferable, if indoried, and the indorfee fhail be entitled to receive the payment for the fame. 7 Provided always, and be it further ena@ted by the authority aforefaid, that if any officer or officers, or other P erfon or perfons*having charge of fuch detachment or ftores as afore fad, fhall negled or refuie to give a certie ficate for the timefuch team fhall have been fo employed, on being required foto do. he fhall forfeit and pay the fum of ten pounds, ‘to be recovered before any one of his Majefty’s Juftices of the Peace within the Prov- ince, on the oath of one credible witnels, together, with all reafonable charges both before and 2fter conviction, ‘and in defaule ‘of payment, to be committed tothe Common Gaol -of-the Dittrict for the fpace-of one calendar month, or until fuch fine and expenccs fhall:be paid. ” ty * = am “¢ ; | Ne a ‘: fed , 7 x Ee = ; KXX. And be it further enatted by the authority aforefaid, That at all ‘times when the Militia may be called out and embodied for a&tual fervice, the officers, non-commiffioned officers, and private men of the feveral re- j 8 «4% ; nN > ws = - FS oy? o . 7 . . : . . ; ~ ents, battalions or compa jesof militia from the time of their being drawn out and embodied as afureiaid, and mMme Se Ligdsiv : % 3 jt ° ° . * 7 , 5 til they fhall return to then reip ‘(tive towns, tow fhips, parifhes- or places of abode, remain under the com- Unit - : : : tet . + + 4 of the Governor, Licucenant Goverifer, or perfon admiiniftering the Government, or cthe> officers. hav- mand 0 ~ : 3 Sa ; 6 HPSS nee ; ; 1d thall be liable to :punifhment for mutiny and deflettion, as herein after mention«- ing ‘he command of them, and agers z ye , ie : ; : ed, that isto fay: That every officer, non-comnudione officer, or multia man who dhall prefume to ule trai- ‘ Woley . B ls a a jade 1 toroua or difrefpelfol words againft his Majefty’s Royal perfon, or difrefoe&fal words acainft any of the Royal 7 Femily, if a cémmi tioned © ficer; thall upon conviGtidn thereof before a General’ Court. M: ‘tial, ae herein afte ie is dire@ted to be e(tablitied. be ¢afhiered ; if'a non-commifftoned officér or private, he-fhall-fuffer fuch pus ifha s tyonres Dy the devtence of any Court Martial fhall be awarded, not extending to whipping, or to lofs of Jife | OF iy De : XE. And be it further enaGed by the authority aforefard, That any officer, non-commiffioned officer or mi- hitia man when on militia Guty, who fhali behave himfelf withecontempt or difrefpe&, towards the Governors Lienesant Governor, er perion adminiftering the Government of this Ptovince for thie time being, or fhalt fpeake words tending to their hare or difhonor, fhail: be pumithed according to: the nature of his offence; ifaw officer, by tle judgement of a General Court Martial, and if anon commiffioned officer or private, by the judges merit of any Court Martial. XXXL. And be it further enaaed by the authority aforefaid, That any officer, non-commiffioned officer on militia man. who fhall begin, excite, caufe or join in any mutiny or fedition in the regiment, detachment, troop or compaoy to which he belongs, or in any other regiment, detachment, troop or company, whether of embo¢ died mi) itia,.or of his Majelty’s regular or Provincial Forces, in any camp or poit, or upon any party, detach- ment, or guard, on any pretence whatfoever, fhall fuffer death, or fuch other puniihment as by a General Court Martiai fhall be awarded, XXXEII. And be it further enadled by the authority aforefaid, That any officer, non-commiffioned officer or-mia fitia man, being prefent at any mutiny or {editi m, who fhall not ufe his utmoft endeavors to-fupnrefs the fame? , S y es i rt tt geen ’ or coming to the knowledge of any mutiny or intended mutiny;-fhall not without delay eive info ‘mation theres | ‘gs ob ange. omer rat mae eis of to his commanding officer, fhall fuffer fuch puni(ment:as by a General Court Martial fhall be awardeds AXXIV.. And be it further enaded by the authority aforefaid, That any officer, non-commiffioned officer or militia an, who thall be conviéted of having déferted to the enemy, or from his-poft, fhall fuffer death, or fach other punifhment as fhail be awarded by a General Court Martial. : KXKV. - And be it further enatted by the authority aforefaid, That when the militia of this Ptovinee fiall be called out on a€tual fervice, in all cafes when a General Court Martial fhall be required, the .Governor, Lieus tenant Governor, orperfon adminiitering the Government, upon complaint and application to him made through the Colonel, or Officer commanding the body of militia to whicki.the party accufed' may belong, fhalPiffue his order to the commanding Officer to affembie*a General Court Martial, which faid Court Martial thall confit . of a Prefident, who thal! be a Field Officer, and twelve other commiffioned Officers of the militia, Provided always that in all trials by General Courts Martial to be he'd by virtue of thisaét, the Governor, Lieutenant Governor, or perfan administering the Government, thal] nominate and appoint the perfon who fhall a@ as’ Judge Advocate, and that every member of the faid Court Martial before a: y proceeding be had before that Court, fhall take the following Oath before the Jidge Advocate, who is hereby authorized to-adminifer the fame viz. ‘* You A. Bu do {wear chat you will adminilter Juttice to the beft o£ your underitanding in the mat= ‘ter now before you, according to the evidence and the Mitta Laws now in farce in this Pi ovince; without “* partiality, favor or affection ; and you further {wear, that you will not divulge the fentence of the Court un- *€tilit fhali be approved by the Governor, Lieutenant Governor, or perion adminiltering the Government of *‘this Province, neither will you upon any accountat any time whatioever, difclofe ordifeover the vote or ** opmion of any particular member of the Court Martial, unlefs r: quired to give evidence thereof'as a witnefs’ ** by a Court of Juftice in due courfe of Law. So help you God.”? And: fo foon as the faid oath fhall have bren adminittered to there pective members, the Prefident of the Court is hereby authorized and required to adminiiter to the Judge Advocate, or the perfon officiating as fuch, an oath in the following words y ‘* You A. ** B. do twear, that youwilk no upon ay account at any time whatfoever, difclofe ar difcover the vote or o- ‘¢ pinion of any particular member of the Court Martial, wilefs required to give evidence thereof as a witnefs “by a Court of futtice in dae courfe of Law. Soh lp you God.’? And the faid Judge Advocate thall, and is hereby authorized-to adminitter to every per on giving evidence before the faid Court the following oath : The evidence you fhall give to this Cou Martial, on the trial of A. B. thall be the trothy the whole truth, and: 4 eC, ‘nothing but the truth; fo help you God.” | Provided always, that the judgement of every fuch Court Mare tial fhall pafs with the concurresce of two thirds of the me nbers, and fhall not be put in execution until the Governor, Lieutenant Governor, or perfon admiurite ug the Goverament has approved thereof, e : 2 % XXXVI. And be it further enaded by the authority afore /aid, That during the time in which the faid miiitia fa!) be embodied for actual fervice, they and every of them as well officers.as privates, fhall-be lable and fubjeet in_cafes to which the provifions of this a& do vot extend, to ail the rules, regulations, pains and penalties.of any act or acts of the Britifh Pa: liament, that are or may be in force for the punithment of mutiny and defertion, vot contrary to this act. Provided neveriheleis that no fentence of any Court. Martial fo to be conflitated and ef — Pie < ” ne aa % Ae so ~ ~~, - re én , eh ee ee Se F nmap se a & mn aa ‘ ‘ . See tablifhed, under and byvirtite of this a@y thall extend to the lofs of fe dr Hen, unfefs foe defertion, mutiny and (edition, trairorous correip nde: ce, or for traitorou fly delive rng os to the ehemy anv oA tito ly fortre 13) 7 - ‘> pe Mt or guard, any thingy herein contained, or any fat ute, law or ufage the cortrary notwithftandine. Pros vided always, that in no-exfe whatfoever fhall any nowcoma@Moned hea otprivate nian for any offence by him c jinanitted, be fubjected. to the punifliment of being whipped by the fentence of any Court Martial whate aie . * a . . r = . XXXVIT. And be it further ena&ed by the authority afcrefaid, That in.all cafes where a militia officer not on uct, or do’ any thine enbecoming his claraéer as fuch officer, actiai fervice thai! be oi ty ohimor yper cond a got otherwife provided for in this aét, thie Goverpor, Lieutenant Governor or pé fon adminifter 7“ the Governe Meo » Mpa: com ibe toe 1t. and application made to bin through dep } t ° officers thereunto belorging, his ary s Attorney-General an& Soliciton: General, the Secretary of the Pro. " i? oe ie fee - } fat hava he ogtter may } . ; 1 ¢ ; owd) fii ; lye vince, aud all other civil officers who fhali bave been or Kereatter may be appointe i CO ANY Clvli Office 1h (tnt C > ’ } “ Be eS we oy GE Es os oe ciel © Lt PSE fe a 1g 2 Ree 9 oe Pr Virce unacr th percde i€al Ot Lhe poe as Weill as a | Vi avy trates, ooers te Corons 1S, ha f pay. srs 35 MLS LF ? » Be Poi ear” ho, ‘ . > ae ree Pee 6 4 See =a icedugia andes his nj - othicers, having Let ved WY) rive o any militia CommMieon in auy part of in Maic Ly '$ @! not have been removed fe any « fence asan_ cfiicer of militia, or who. m:z ay have oO! btained leave to refien hig : °+y* . | — 7 . “7 commiffion ) t the St urveyor General. and his»-Denuties ey a poin ted, -seafa! “ing men. actua ly emp! loyed in ti — ~~ i : . if : ‘ | 1: , 7 their callin, var vy hcl ns, ourgeons, the malters sch wuIS, LCrry ms * and one mil'er to every Gril mill, fh a aS are hereby excufed from, fetying in ce fai militia. . Provided always, that this aétand-the € . 17 wes ; ? ; : ; potions herein contained, {tall aot prevent, and it 16 hereby declared that the fame fiall not he conftrued ta. * e ws . : - ’ ‘ ‘oy * . . prevent ay and every of the above mentioned perfon or perlons from tk lding commiffions as officers in the mie 7 ‘ ¢ - , 7 > . Fike i is province, Py, wided‘always, that it fhalPand may be law ful for the Governor, Lievtenant. Gay OF, of 6 fon admin ftéring ‘he Goyernment, by warrant under his hand-and feal, to exempt any of the peifona fierein before metitioned fiom being called out on the ferviceaiorefad WWNMWyiw . eae AALS : Lue dind Le ti t Furth Tr LlTi ele d by the authy arity gforefaid, TI nat the pe rfo ns cal ‘ed Quakers, Menonzxts les and ‘Punkers, who from certam icrt of confcience decline bearing arms fhall not be compelled to ferve ia the faid militia, but every perfonp s felling that he ws one or he people called Yuakers, Menonifts or Tunk- érs, and producmeg a certifcate of his bei ga Quaker, Menon itor Tur cides : > Bares ‘d by the clerk of the meeting ro such {ociety, or by any tareeor more of the pe iple ca “led Qoakers, Menont ifts or Tunkers, fhall be exculed and exempt ed from ferving in the faid ailitia, Provided neverthelels that every Cishh perfon or perfous that fhall or may be of the p alied Quakers, Menonijts or Tuckers, from the age of fixteen to fixty, fhall on or before the thirty-firf < day of December in each and every year, give in bis name and place of refidence to the TT eaiurer of the Dikiia where he or thev Mall refide, and pay to fach Treafurer to and for the Babic ules of this Province, in time of war of infurrection, or when any part of the militia of that dutcid hall be called out 84 aétual fervice, the fim of ten pout!s, and in default of fuch pay nent it fia'l and may be lawful on infor ses tion or complaint op o ith: made by the faid Treafurer before any J ‘Rice of the Peace of fuch diftiG, for the fai Tutlice to Tue his warrant unde? hi hand and feal, direc te j to the Sheriff of the diftrick, to levy the iame by ciftrefs and fale of the offender’s goods and chattels, returning femuch of the faiddritrefs as fall ati ! the faid fum of ten pounds, deducting therefrom the charges and all other incidental expence of fuch diftrefs and fale. as well as the expence of fummo 1 xy iue h offen ler be ore fach Juttice ce to anfwerthe faid earn and Cc ~ is au : : r . : a hd A" : Qs n and the ‘aid: fums fodevied by the faid Sherif atorefaid, fh: a be by him, within the {pace of two ft 7 complaint, Ccaender mon ‘ ; cr “a Ss to ihe baie’ Creneral, to be apphred fo.and for the Dt ublic ufes of thie 38, paid. into+he hands , Provisce, and for want of fuch diftrefs the Ji ftice before whom fuch p« ‘rion fhail have been convitted*fhal! coms : \ , Gta Js . aa 7 - . * ; - mit him to. the common gzol of the dittiict unt he fhall pay and fatty | fuch fum, together with the reafona. —_ b e chargies ngtdent to fuch convidtion. Provided neverthelets, that do perfen or: périons fo convicted, fhail in C a - *) a } ; etaived.in cultody lo ger than the {pace of one caiendar month. Provided al vays, that if i fhall anv cafe be d : ae ‘ » appeir to the Juflice b: fo e who any fuch Quaker, Meaonilt or Tunker as aforefaid fhall be faummoned, that the { id Qu ker enonilt ay Tun ker is unable to » pay the faid fum of ten pounds, it oe and may be lawfut ric 4 a! 9 7. 5 . =“ *.* for the jaid fultice to repo't che lane t the Colénel or o! it } - . : % tei e . -} ~ OP i\/ > : Qo f % ( ry : - 1) « { Now He | = F.5) tia in the iuyis oft whi hy ti lalé i Q aAKCT, Viens n t Zui ker fal! ; a fide, and 1 4 ans may ve id ' for ae Sr et PS eS} - : tprent. arcarcdin the faid officer command jlog to reunil “the payment of the daidium et ten poladie Or ai me art thereof, aceord ne p 3 to the cireumflances of the cafe, and the faid Colonel or officer commanding hall give a certificate {pecifying the fum fo remitted, which certificate fhall be.a fufficient difcharge for the fum mentoned in the faid certificate, XL. And be it further ena&ed by the authority aforefaid, That in time of war when and fo often as ‘eccafion May require, it it fhall and may be lawful for the Governor, Lieutenant Governor, or perfon adminittering the Government of this Province, to employ the Militia of this Province either upon Land or upon the Lakes Rivers.and-communications.thereof, in fuch parties or Detachments as by him fhall be deemed expedient. XULl. And Whereasiby a certain claufe in this a, it is provided, that it fhalland may be lawful for the perfons therein mentioned on certain occafions to call out Detachments of the Militia, be it therefore enaéted by the authority aforefiid, that the perfons to ferveon fuch Detachments fhall be regularly taken from time to Lime as they fhall be required by ballot from fuch Regiment or Battallion. XXII) And be it further enaBed by the authority aforefaid, That when any Detachments are formed and called out-for public Service it fhall and may be lawful for the Governor Licutenant Governor or perfou ad- miniftering the Government of this Province to divide the fame into {maller Detachments or parties and ap- pomt them to ferve on board Veffels, Boats or Batteaux upon any of the Lakes, Rivers, or communieations by water, of this Province, with great guns or Artillery, as well as with{mall arms as occafion may require, and : fhail and may appoint them to be Stationary in any of the Creeks or Harboursof the faid Lakes or in any of the Rivers of the province, and alfo to train and exercife the fame to the ule of Great Guns and artillery as well by dand as by water. RUIN. And be it further enaéted by the authority aforefaid, That at the expiration of'three months from the time of any detachment being called out as aforefaid, the Colonel or other Officer commanding the Regiment from which the faid detachment may have been taken fhall fele&t by ballot fiom the Militia men of fuch Re- giment a number equal to the faid detachment, and the faid number fo feleG@ted fhall be forthwith marched to the relief of the faid Detachment, and that any body or detachment of Militia, other than the Incorporated Militia now ferving hall be relieved within one month after the paffing of this aé. XLIV. And be it further enaGed by the.authority aforefaid, That if any fergeant of militia when thereunto required by his fuperior and proper officer fhall negle& or refufe to warn the Militia men of the company to which he belongs, to appear at the place of enroliment or exercife or for auy other lawful purpofe, he ‘fhall for every fuch negle& or refufal forfeit and pay the fum of forty fhillings, tobe recovered before any Court Martial | or Jultice ‘of the peace, and in difault of payment to be committed to Goal for one month or until fuch fine be paid, XLV. And be tt further enaGed by the authority aforefaid, That if any officer, non-Commiffioned officer or private’militia man who in any engagement wita an enemy on by any accident or cafualty which. may occur 7 a _ F While on or performing any duty in atual fervice fhall be killed and leave a widow or child.or children lawful- ol ly begotten, his faid widow fhall be entitled to receive during her widowhood, and in cafe of the death of fuch ioe ; widow thenthe eldeft child or guardian, for the ufe of the child or children of fuch officer, non-commiffioned off. cer or private militia man, untilthe youngeft thereof fhail have attained theage of fixteen years, an annuity of twems ty pounds lawful money of this P:evinges and alfo that every officer, non commiflioned oflicerer private of militia, whotn an engagement with an enemy or by any accident or cafualty which may occur winle.on or pé rforming any duty in actual fervice, fhall.be wounded or difabled fo as to render him incapable of earning his livelihood, i, fhajl be allowed an ai nuity of twenty pounds lawful money ofthis Province during the time he fhall. continue iik under duch incapacity. ; XLVI. And be it further enatied by the authority aforefaid, That any-officer commanding any Garrrifong Camp or Detachment of His Majeity’s regular or militia Forces in avy Diitri& or place, fhal) have full power and authority to make fuch roles and regulations under ‘fuch penalties and reftriG@ious as -he thall think mec Tae ry relative to fuch taverns and Innkeepers or any perfons ve ding or felling Spirituous Liguers as fhall’ refide er one mile of iuch Garrilon, camp or detachment, and as may be neceflary for the good government ofthe : aid Forces. XLVIL.. And be it further ena&ted by the authority aforefaid, That in all-trials by any Court Martial,’ other’ than general Courts Martial, the perfor appoimted to be Prefident thereof thall adminifter to edch of the other members the foilowing cath. ‘* You A. B. dofwear, that you wil] adminifter juftice to the beli of your *§. underflanding 1n the matter now before-you, according ‘to the militia Laws of this Province, andthe evid- ‘ence which fhali be produced before you, without partiality favor or affeGtion, fohelp you God,” and as {oon ag the faid oath Thall have: been adminiftered by the Prelident to the other members, any one of the faid mém bers fna,) admanivier the oath ro the Prefident, provided always that no officer fhall be tried for any offence -except ae, = — —_— a —— ye ey ge oe = are es ee OEE ol cal al pee ey lt é Eee os: F, By a general Court Martial; and provided alfo that no officer His Maje ma s regular Forces fhall fit on any Court Martial for the trial sf any officer or militia man ferving i in the Militia XLVIIT. And be it further enafled by the authority aforifaid, That in any cafe when the punifhment of any offe.ice fhail be thort of Death or travf{portation the offende: or offenders may be tried by a Garrifon or Re. gime: ital Court Martial being a non-commiffioned officer or private militia man XIX And be it further enafed by the author ‘ity aforesaid, That whenever a Court Martial fhall fentence @ny perfon to fuffer the punifhment of Death or Tran! (portation it fhalt and may be lawful for the perfon having y = a the power to approve of fuch fentence to alter the punifhment and to inflict fuch other as he may think fit. L.. And be it further eng&ed by the authority aforefaid, That it in all cafes where any convittion fhall be made by any Court of Quarter Scflions or Jultice or Juitices of the Peace, or Court Martial, for any offence againft this a t, ‘uch offender in addition to the amount of fuch fine, thal! be hable to the ; ay ment of allrenfonable cofts and charges, and fuch cofts and « charges thail be received in Tike manner as gts amount of {uch fine or forfciture. LI. And be it further enaéied by the authority aforcfaid, That every militia man whe thall be called. out and embodied for a&tual fervice fhall white a@tua!! ly ferving be exempted from arreft in any civil cale for any fam under twenty pounds, and fhall not be liable to ferveas a Parifh or Town officer, ot to perform Statute labour on iie Highways. rr Lil. And be it further ena&ed by the authority aforefaid, That if any perfon fhall knowingly obtain, buy or exchange, or oth ‘rwile receive from any ioldier, deferter or militia man oer from any other perfon Upon any ac count or pretence whatfoever any arms, clothes caps or other furniture belonging to the King, or any meat, drink or other previfion pr ovided under any regulations relating to the army, or any fuch articles belongi: g to ny 3 dier deferter or mili itia man, as are generally deemed Re,imental seceflarics, or caufe the colour of any fuch clothes to be changed, the a fo offending op convi@tion before two of His Majelty’s Jultices of the Peace on the oath 3 one credible witnefs fhall forfeit for every fach offence the fam of five pounds, and in de» Fault of payment fhall be committed to Gia fafe place of confinement fer any time not leis than ten days nor more than one month, LI. And be it further entatted by the authority aforefaid, That any non-commiffioned Officer or milia man who hall quit, or otherwife abfent -himfelf from his regiment, detachment, Troop or company without a fur- lough from his commanding officer, or who fhall wihare w himfelf from the regiment, detachment, troop. or éomna: ly into which he has been embedie: Jy in order to attach himfelf to any other regiment det wh nent, troop or company, then on fervice, whether of the militia or of Has Maietty’s regular or Provincial forces, fhall on conviction thereof, be punithed according to the nature of his offence at the difcretion of any court martial, and in cafe any militia officer fhall knowingly receive or enterta in any eae non com: — yned officer or — man and {fhall not after his being Bisiedead to be a deferter immedia ely confine him and give netice to the officer comman ling the regime nt, detach: ment, Tv rFoop or compat 'y tn’ which he “att 6 Let ‘ved, the faid officer fo offendi: ip fhall on canviction she nebtbefout a geueral Court Martial, he cafhiered. LIV And be it further ena&ed by the reatigecs ren That if any perfon fall be conviMed on the oath of one credible witnefs before two or more of His Majefty’s fultices of the Peace, or before a Conrt Mar a Bid having advifed ot perfuaded any nou commiffioned officer or Sk man to defert or abfent himfelf fr is Majelty’s fervice while on duty, or of having difeour sed, i iTuaded o¥ tprewtated, or of having» atte” ae: ts difcourage, diffaade or prevent any non commiffi ned o! ficer or militia man from volunt ering for a€tna! fervice, Poa - or from obeying the lawful command of his fuperior officer, oil ny acelin fhali be conviéted as “at préfaid of having acbieaie entertained, harboured, concea! letter affitted any Deferter or other perfon abfenting him ‘elf without leave from any part of the militia‘on fervice, knowing him to be a DPelerter. or perfon abientiug himfelf without leave, fuch offender fo convicted hall forfeit and pay a fum not exceeding twenty pounds, nor fefs than ter pounds, and-im default of payment fhall be committed tofome fafe place of confiacment for any time not exceeding fix months, sor lefs thag three months. “ 7 LY. : And fe it farther enaéied by the authority aforefaid, That every officer of the militia -of this Provinces fall on or before the firit day of May next, and every officer mho my after that diy be appointed, within ten days after he fhall have received his commiffion or appointment, before ome or more of His Majetly’s Jutti of the Peace for the Diftri& to which his regimeat.er Battalion thall belong, take and fubfe: ribe the follows ing oath, to wit, 1 A. B. do fincerely promi ife and {wear that I will be faithf i, and bear true allegiance to His Majety King Georges. auid-Him with defend to theutmoft of my power againt all traitcrous ialeicialel and — amet A < eo f to J « , . > . . . . .* @ - ’ ~ - _—_— . . attempts whatfoever which fhall be made avainft his perion, Crown or dig rity, and Twill do myutmoff endeavoudk to difclofeacd make known to His Majetly, His Heirs and Sucecflars all T'reafans and traiterous confpiraci¢a and attempts which 1 fhall kuow to be againft him or them, fo help me God. LVL. And be it further enadted by the authority: afarefaid,.That it hall and¢may be lawful: to-and'for the Go- yernor Lieutenant Governor or perfoncad miniitering the Government of this Province from time ta.time, and as ofien as he fhall ‘hick it expedient, to order and direct chat the non-commiffioned officers and privates of any and every regiment, Battalion, company-or body of militia in chis Pravince fhill be called upon to take and fuble:ibe the faid oath, and that upon recewing any orders for that purpofe it fhall and may bel wful for the ommanding officer of any fuch regiment, Battalion, company or bedy of Militia, and) he.ts hereby reqpi ed to call upon every non-commiffioned officer or private of his regiment, Battalion, company o1 body to take & fubcrtbe the jaid oath before one or more of his Majefly’s Juflices of the Peace for the Dillri& to which fuch reriment, Battalion, company or hody of militia fhall belong, and \if any officer non-commiffioned, officer, or thal! refufe or neglect (having been reqoired to do fo) to take and fubfcribe the faid cath i mannex } " : - >) > TVs") ae st cm 4 | oe iva hereby dire&ted « updp codvidtion before one or more of His Maielty’s Juftices of Che peace-every fuch perfom J ’ r ] °) . 4 ? or perféns, {hall be deemed and taken to be an alie¢nenemy, and’ fhall Be liable and fubje& to any Law or Law’y, . now in foree or hereafter to be made refpecting or againft alien enemies. es or Tenker, who may be exempted or excuted from performing militia duty as @ private militra*than, ‘or for aly cinfe whatfoever, {fail on or'before the firft day-of May next, or if fuch exemption or excufe fliould happen aficr that time, then within ten davs after fuch exemption, give in his name and place of refidence to the treafurer of the Dj4ri@ in which he fhall refide, and pay to fuch treafurer to and for the public ufes of this Province, LVI. dad be it further ena&ed by the authority aforefaid, That every perfor, other than a Qnaker; Menonift, sn time of war or infurreSdon, or when any part of the mititia oF that Diftri@t ffiail be called out of actual fer- vice, the fam of ten pounds, and iu default of returning his name or place of refidence as aforefaid, or in-defaul of fuch payment, it fhall and may be lawful on information or on complaint on oath made by the faid treafures before any Juflice of the Peace of fach Diftri@, for the faid Juflice to-iffue his warrant vader his hand-and Seah direSed to the Sheriffof the Didri& to levy the fame by Diftrefs and fale ofthe offenders goods and chattels; returning fo much of the (aid Diftrefs as thall exceed the fum of ten pounds, deducting therefrom the charges and all other incideotal expences of fuch diftrefs and fale, as well as the expences of fummoning fuch offender before fuch Jaftice to anfwer the faid information and complaint, and the faid fam fo levied by the fard Sheriff fhali be by him within the {pace of two calendar months paid into the hands of the receivei general, to be ape plied to and forthe Public ufes of this Province, and for want of fuch Diftrefs the Juftice before whom {uch petion fhall have been convicted fhall commit him to the common Goal of the diliriat until he thall pay and farisfy fach fem, together with the reafonable charges incident to fuch conviGtion, provided. {uch imprifonment fhail not exceed two calendar months, provided always, that when any perfon. as lait aforefaid fhall make it aps pear to the commanding officer of his regimeit that he is unable to-pay the aforelaid fum of ten pounds or any put thereof, it fall and may be lawful for fuch commanding officer to remit the payment of the fad fum of t- pounds or any part ace: rding to the circumftances and nature of the caie, and. to give a certificate thereof to the the perfon making application as afurcfaid. LVIII. And be it further ena&ed by the authority aforefaid, Thatrit fhall and may be lawful for the Colonel, Lievtenant Colonel. or officer commanding any regiment or battalion of militia, and he ts hereby required to order the whole of fuch regiment or battalion to be formed into divifions or {quads of fourteen men each, and to fele& by ballot from each and every divifion or fquad as aforefaid, one, able bodied man for militia duty for a term not lefs than twelve months; Provided always, that if any of the faid.divifions or fquads as aforefaid thal voluntarily furnifh an able bodied man, who fhall be accepted and approved of for the purpole and term of fervice as aforefaid, then and in fuch cafe the ballot fhall not take place in fuch divifion or {quad. LVII(l. And be it further enafted by the authority aforefaid, That the faid militia men fo furnifhed or ballote ed as aforefaid (hail and may be formed into regtments, baitalions or companies, as the Governor, Licutenang Governor or perfon adminiftering the Government fhall deem moft expedient. LX. And be it further enaded by the authority aforefaid, That whenever any {uch divifion or fyuad as aforefaid tha | furnith an able bodied man for militia duty for one or more years, and who {hall be accepted and approved of for that purpofe, then and in fuch cafe the militia men compofing fuch divifion or fquad fhall be exempted from being balloted for milicia duty during the time fuch militia man as aforefaid fhall fo ferve, voles the whole of the regiment or battalion as aforefaid to which fuch divifion or fquad fhall belong, fhall be called out inte aGual fervice. Provided always, that fuch divifion or {quad fo furnifhing a volunteer as aforefaid, fhall not be liable to pay any fum of money for fuch exemption as aforefaid. x LXI. dnd beit further enaded by the authority aforefaid, That each and every Sherif in the feveral diftsicts of — Lae + > y a » : . this Province fhall have a right to retain for his ufe the fun ofthree pounds for every hundred pounds fo cols leéted and tranimitted to the Receiver General, and in. the fame vroportion for aay greater or lefs fum. LX. And be it furtber enatied by the authority aforefaid, That it fhall be the duty of every Colonelcomman-~ dicg a regiment of milina inthis provinee, or im his ab/ence the next jentor offtcer, to tran{mit to the ‘Tres file ver of the Diftri@ in which he may refiie, on of before the firft day of May 10 cach eerie rasta Peres continuance of this act, a return of all Quakers, Menonitls and Tunkers, and each avd every other perfon ex- emptied or excufed from militia duty, and tae laid Treafurer fhall proceed again!t fuch Quakers, Meénonitte Sad Junkers, and every perfoa exempted in the fame manner as is directed by this act. Provided dlways, aod be it further enagted, that no perfon above theage of fixcy years fhall be coniidered liable to pay any fam for being f. exempted or exctied. —~ LXUIL. And be it further enacted by the authority aforefaid, That no order of conviction made by any Juftice or Juftices of the Peace or Court Martial by virtue of this aét, fha!ll be removed by Certiorari-aut of the county, riding, divifion, or place wherein fuch order of conviction fhail have been mad-, into any Count. whatioever, and that no Writ of Certiorari fhatl fupercede execution or other proceeding upon any fuch order of conviction fo made im purfuance of this aét, but that the execution and other proceedings fhall be had and made thereupon, any fuck writ or writs or allowance thereof potwithftanding. LXIV. And be it farther enacted’ by the autherity aforcfaid, That if any ation fhall be brought again. any perion or pe: fans for anything done in purfuance of this act, fuch aétion or fuit fhall’ be commenced within fix ‘months next after the fact commi'ted, and not afterwards, and fhali be Yaid in the county or place where the caufe of complaint did arife, and not elfewhere, and the defendant or defendants in every fuch a€tion or fuit may plead the general iffue, and give this at and the {pecial matter 10, evidence at any trial to be had thereupon, and if the Jury fhall find for the defendant or defendants in any fuck: action or fuit, or if the plaintiff or plaintiffs fhall be non-fuited or difecntinve his, her or their aGtion or fuit after the defendant or defendants fhall have appeared, or if upon demarrer judgement fhall be given againft the plaintiff or plaintiffs, the defendant or defendants fhall have treble calts, and have like remedy for the fame, as any defendant hath in other cafes to recover colts by law. LXV+ And be it further enacted by the authority aforefaid, That this A& fhall be in foree until the end of the next eniuing Seffion of the Provineial Parliament, and no longer. Pe" aa sr recent . neeentina piste te te OOS ‘pi irne pS as Sete ere ~ “~ , . * o “ 1h . _ “ > » _ PS. . A . “on a ae LF “4 "ie > - ~~ gs ee = " = =m — a ie ~— a ¥ i ze> ae ae hee ilies ae ae z. =_- ‘2 Ge ay 2 \ > f-ip a ine 2 J fn, 2 Yes ‘Sy 743 v ge : aS MBS 2 pend bE tet sia . ele _ : — — - eg TEE OE Et te Wed ae eee AP i Veer. & | 4 t . , 1 | 4 ¢ 7 4 i j } ; Ae Se ose ae —s Gra ed nt et SO AOE INE IP} BA TOP ETA ae ez te di - i es ee a bee ooh a » 4 i % we Me Nese! TAS Livin int fi & A. Nat eee el, 2 : Rae toe 1 el Saad z