An Act to amend an act respecting the volunteer militia force [microform] : 29-30 Victoria, cap. 12

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- ••••; I

•

AN ACT

TO

A.ME]srD A.ISr A.CT

RKSPECTIN'O

THE YOraTEER MILITIA FOECE.

29-30 Victoria, Cap. 12.

\'^9l!i

OTTAWA :

PRINTED BY MALCOLM CAMERON,
Law Printer to the Queen's Most Excellent Majesty.

186C.

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H(

ANNO VICESIMO-NONO ET TRICESIMO

VICTORM: REGINiE.

CAP. XII.

An Act to amend An Art respecting the Volunteer
Militia Force.

[Assented to \6th August, 1866.]

HER Majesty, by and with the advice and consent of the PieniTiue.
Legislative Connoil and Assembly of Canada, enacts as
follows :

1. The second section of an Act made and passed in the sec. 2, of27'/,
Session of Parliament, lield in the twenty-seventh year of «=• 3 repuaied,
Ilev Maj(!sty's Reign, and inlitnled: An Act respecting ^/'e suVsSed!'^
Volunteer 31ilUia Force, is hereby repealed, and the following
•section shall bo taken and read in lieu thereof, and as the
second section of the said Act, that is to say : —

" 2. The Conunander-in-Chief

may raise, organize,

arm. New section.

uniform and equip a Volunteer jMililia Force 10 serve within
the Province for the defence of the same in case of need, and
in aid of the civil power, as hereinafter mentioned ; and th» oovenior mny
Commander-in-Chief may call out such Volunteer Militia Force fai*i= ""ii call
or any part, or any corps thereof, for actual service, whenever °eer Force, &c.
it is in his opinion advisable so to do; Provided that Ihe p^^^jg^, j,^ .„
several corps of Volunteers organized and gazetted, prior to corps airpady
this Act, shall be and continue as if organized and gazetted "■"ram"^'-
under this Act, and shall constitute part of the Volunteer F\)rce
before mentioned."

2. The fourth section of the said Act is hereby repealed ^^^\\f'^'
and the following section shall be taken and read in lieu ^'^^'^ '
thereof, and as the fourth section of the said Act, that is to say :

" 4. The Volunteers may consist of Troops of Cavalry, Newsectiun.
Troops of Mounted Infantry, or of Mounted Rifles, Military or what corp
Train, Field Batteries of Artillery, Garrison Batteries of Artil- tiie Voiuntetrs
lery, Companies of Engineers, Commissariat, Staft' corps, '""^ '^°"*'' "
Hospital and Ambulance corps, and Battalions or Companies

I

ot' Rillcs and ul'lnl'antry, and Naval Companies, to be arnud and
L'i|uippt;d according lo tiioir respective services, and to be
formed at such places and in such manner as may from time
Proviso: ns to to time be ordered by the Commander in Chief; Provided that
corpi in citifs. jn Cities, no number of men shall be accepted or gazetted as
Volunteer Militia unless formed into a Battalion nnd<'r the pro-
visions of the seventh section of this Act."

SL'ct.Sru- 3. The fifth section of the said Act is hereby repealed and

penieii. ||,(j following section shall be taken and read in lieu thereof,

and as the fifth section of the said Ad, that is to say :

New suction. "5. All Corps of Volunteers shall be formed and may be

t'\)rminif and disbanded by authority of the Commander in Chief, as may in

disbanding his opinion best tend to further the purposes of this Act and the

^"^P"- public good."

Paragraph 1 oi 4. Th(! first subsection or paragraph of the sixth section of

sect. (ire- ^fj^. ^^j^| /^^.l [^ lierebv repealett, and the followins; shall bt;

taken and read in lieu thereot and as the first subsection or

New para-
graph.

Strengtii of
Volunteer
Coinpanie.s
respectively,

paragraj)!! of the sixth section ol' the said Act, that is to say

" G. Each Troop of Cavalry, Troop of Mounted Inlantry or
of Mounted Hilles, Military Titiin, Garrison Battery of Artillery,
Company of Engineers, or Rifles, or Infantry, shall consist,
according to its respective service, of a Captain, a Lieutenant,
a Cornet, a Second Lieutenant or Ensign, three Serjeants, three
Corporals, a Truinpet(!r or Bugler, and not exceeding forty-
eight Privates, except in eases where the Commander in Chief
may specially sanction a gretiter number of Privates not (ex-
ceeding seventy-five."

Sect. 17 repeal- •*. The seventeenth section of the said Act is hereby repealed
ed,andnew ^J^^^ ^ijg following section shall be taken and read in lieii

sect, substi- , p -i 1 ^ 1 . ,.1 • 1 «

luted. thereot and as the seventeenth section oi the said Act :

Municipalities
may provide
arniouries, &c.,
and may raise
and expend
money lor pur-
poses connect-
ed with the
support and en-
couragement ol'
the Volunteer
Force.

1"^:

" 17. For the safe keeping of any arms, accoutrements or am-
munition furnished to any corps, the Corporation of every Muni-
cipality within which such corps or any part of such corps
may be organized, may, if they think fit, provide at the expense
of such Municipality, one or more good, safe and commodious
fire proof Armouries, fitted with arm racks and other necessary
and proper storage, and for the heating thereof ; and may also
build and construct or aid partially in llie erection or construc-
tion of any fortified intrenchments or of any drill shed or
exercise ground or range for rifie practice, and may purchase
and hold any real estate or may appropriate any land or
building belonging to or held by such Corporation, for any
such purposes ; and may provide moneys for such purposes
or any of them, or for or towards compensating, maintain-
ing or promoting the etriciency of the corps of volunteers within
.such Municipality, or for purchasing or aiding in the purchase

mil anil
l1 to be
)m time
did thai
wtleil as
the pro-

led and
tlier(!ot',

may he
^ may in
t and th('

•ec'ion ol
shall be
section or

0 say :

liantvy or
Arllilery,

1 consist,
ieutenant,
ants, three
ing Ibrty-
■r in Chiei'
)s not ex-

y repealed
d in lieu

3t :

Lintsor am-
,'ery Muni-
such corps
lie expense
immodious
• necessary
:1 may also
ir construc-
11 shed or
(T purchase
ly land or
n, for any
h purposes
maintain-
ecrs within
le purchase

of arms lor any volunteer corps or for any drill association law-
fully formed under the Acts in force in that liehalf, and may
grant gratuities or sum or sums of money to any corps on
actual service, or to any officer, non-commissioned ollicer or
private thereof, on airtiial service, or who may Lc wounded, in-
jured, maimeil or incapacitated from following his ordinary
calling or iimployment in the ])erformance of military duty
as such volunteer, or to the family of any ollici.'r, non-commis-
sioned oilieer or private on actual service or who may he
killed in the performance of such military iluty as aforesaid,
and may for the further encouragement and support of the
Volunteer Force, enact by-laws granting such (!xem])tions to
enrolled men and horses therein, as to such Municipal Corpo-
ration may seem fit and proper ; and the several Municipalities
throughout Upper Canada shall have all and every the powers
conferred upon them in respect to the raising and levying of
all funds reijuired for any of such purposes, wliich are proviiled
by the two liundredth and two hundred and twenty-fourth sec-
tions of the fifty-fourth chapter of the Consolidated Statutes for
Upper Canada ; and the several Municipalities in Lower Canada
shall have all the powers conferred on them in respect to raising
and levying of all such funds, which are provided by the Lower
Canada Consolidated Municipal Act and the Acts amending
it, or by the special Act or Acts incorporating and governing
the INIunicinality (if any such there be), with regard to the raising
of money for any purpose for which such Municipalities are
by law empowered to raise the same."

" 2, A copy of every by-law passed under authority of this
section duly certified under the corporate seal of the municipa-
lity, shall be forthwith transmitted to the Minister of Militia ;
and he may at any time signify his disallowance of the same, if
in his opinion any provisions thereof are likely to impair tht;
eflSeiency of the Force ; and any by-law so disallowed shall
thereupon become null and void • ■"

" 3. All payments and allowanees whatever, in any way
accruing under any such by-law to any Volunteer Officer, non-
conimissioaied Officer or private, while on actual service, shall
be made in such manner only, and through such channel, as
the Commander-in-Chief shall from time to time direct."

I'owcr to rai.'^c
money lor such
purposes.

iJy-laws to be
tiubinitteJ to
Minister ol'
Militia lor ap-
proval.

How payments
under By-law
shiill be made.

a. For and notwithstanding any thing in the preceding section By-laws for
contained, any by-law or resolution heretofore passed or which such purpose
may be hereafter passed by any Municipal Corporation prior to '° ^^ " '
the first day of January next after the passing of this Act, for
any of the purposes in the preceding section mentioned, shall
be held to be and shall be valid for the purposes thereof, and as
respects Upper Canada, whether the same may or may not
have been submitted for or received, or may or may not be sub-
mitted for or receive the a assent required by the two hundred and
twenty-fourth section of the Act in the next preceding section
mentioned.

G

Sect. 2i,
ri'|)ealc<l.

New Scotion.

Coiiiiiiuiuler in
Cliiel' may
mako rei;iila-
lioiis liir cfitniii
piirposi's.

Courts ol
Enquiry.

Kcijulntions
iiiny Ipc iiltiT-
retl

Seel. 27,
repealed.

7. Tlio twenty-second section oH tliu said Act is hereby
rcp«'aled, and the following section shall he taken and read in
lieu there(tt' and as tho twenty-second section of the said Act,
that is to say : —

" 22. The Commander in Chief may from time to lime make
orders or regulations respecting, anything in this Act, done or
authorized to Im; done or providetl hy Order or Regulation, and
also such Orders or Regulations as may seem lit (not being in-
consistent with any of the provisions of this Act,) resj)ccting the
appointment and promotion of olficers and the assembling and
proceedings of Court.s of Enquiry to incpiire into and report on
any matter connected with the government, or discipline, or
conduct of a Volunteer Corps or llattalion, or of any (MHcer, Non-
commissioned Odieer or private thereof, and for the full execu-
tion (if this Act, and the gent.'ral gt)vernment and discipline of
the Volunteer Force ; and Ik; may alter or repeal any such Regu-
lations, and may call for such Returns as may from lime to
time seem re(|uisite."

S, The twenty-seventh section of the said Act is hereby
pealed, and the following section shall be taken and read in
2U thereof, and as the twenty-seventh section of the said Act,

re

lieu

that is to say

New Seulioii.

Volunteers,
cnlled out, lice.,
to l>e .subject to
articles of war,

n

Exception.
Exception.

New proviso
added.

Liability of
Volunteers
to be tried
within six
months after
leaving the
corps, Sec

21. Th(^ volunteer force and every officer or man belonging
to it, filiall be subject to the Queen's Regulations and Orders
for 1 lie Army, and shall from the time of being called out for
actual service, and also during tlit; period of annual drill pres-
cribed by this Act or by any Act amending the same or by
any Order of the Commander in Chief, under the authority
thereof, and also during the continuance of any drill or
j)avade of this corps at which he .shall be present, be
subject to the Rules and Articles of War and to the Act
for punishing mutiny and desertion, and all other laws
then applica!)le to Mer Majesty's Troops in this Province, and
not inconsistent with this Act ; except that no man shall bo
subject to any corporal punishment except death or imprison-
ment for any contravention of such laws ; and except
also that the Commander in Chief may direct that
any provisions of the said laws or regulations shall not
apply to the Volunteer Miiilia Force ; Provided always,
that any officer, non commissioned officer or man charged
with any offence committed whilst a volunteer or whilst
on actual service, shall be held liable to be tried, and if
convicted to be punished therefor, within six months after
ceasing to be a volunteer or after the corps to which he
belongs or belonged is relieved from actual service', notwith-
standing that he shall have so ceased to be a volunteer or the
corps to which he belonged shall have been so relieved from
actual service."

s hereby
(I Ti'iul in
sulci Act,

me iiifiko
t, (Jono (ir
tion, and
being in-
L'cling the
1)1 ing iind
report on
liplino, or
icer, Non-
ill ('xecn-
eiplinc of
icli Kegu-
n lime 1o

is hereby

1(1 read in

said Act,

belonging

nd Orders

'd out for

Irill pres-

me or by

authority

drill or

sent, be

the Act

lor laws

ncc', and

shall bo

mprison-

except

ect that

hall not

always,

charged

ir whilst

:1, and if

ths after

vvhich ho

notwith-

jer or the

!ved fr(Mn

0. The forly-se{!ond st'ction of thn said Act is hereby repealed »frt. 42
and the following shall be taken and read in lieu I hereof and "mei'W-
as the forty-second section of the said Act, that is to say : —

" 42. Whenever the Volunteer Militia Force or any part or payofVoiun-
Corps thereof shall be called out for actual sc^rvrice, th(! olHcers, '*«"•
non-commissioned ollicers and men so called out shall be paid
at such rates of daily nay as are paid and allowed to officers,
non-commissioned olhcers and men of the relative and corres-
ponding grade in Her Majesty's service, or such other rates as
may for the time being be fixed by the Governor in Council;
Provided, that where the same shall be called out for partial Proviio.
intermitted or non-continuous service, they shall be paid for
the days only of such service."

10. No officer shall be entitled to ask or to receive half
pay, or pay in respect of his rank when unattached.

No Imllpuy,
dec.

11. The Commander in Chief may, whenever it is in his „.,„„„,. „<•

... ^11 " ,• • • Jtegiinents ol

opmion advisable SO to do, by reason ol war, invasion or Voluniccr Mi-
insurrection, or imminent danger of any of them, raise in Jj^JJIJ,' Jg^f "" °'
addition to the Militia or Volunteer Militia Force of the '
Province, Regiments of Volunteer Militia, by voluntary
enlistment for General Serviec during such war, invasion or
insurrection, or imminent danger of any of them, and for a
reasonable time after the termination of any such danger or
emergency ; and such Regiments shall be subject to the
provisions of this Act and of the Act hereby amended.

13. The several clauses, enactments, provisions and amend- xiiwActio
ments in this Act contained shall be deemed, taken and read form pan oi
as if made at the time of the passing of the said Act^^^'°'^"
intituled : An Act respecting the Volunteer Militia FarcCy
and as respeiitively parts of the said Act.

O T T A W A : — Printed by Malcolm Cameron,

Law Printer to tlie Queen's Mo.4 Excellent Majesty.