Consent on changing from one Uniform
Company to another.

Person belonging to a Uniform Company
neglecting to appear in uniform, for-
feiture.

Lists of exempts and aliens, by whom, to whom, and for what purpose furnished. Certain disputes, how and by whom determined.

17. Fine for not enrolling, when and by whom collected.

18. Fines, how applied.

10. Order for forming unattached Companies. 19. This Chapter where only in force.

1. The appointment of Company Districts as required by this Title, shall not extend to that part of the City of Saint John lying on the eastern side of the Harbour of Saint John, or the Militia belonging thereto.

2. All persons liable, or who may become liable to Militia duty, resident in King's, Wellington, and Duke's Ward, shall belong to the first Battalion, and those resident in Queen's and Sydney Wards to the second Battalion.

3. The Commander in Chief shall appoint a Regimental enrolling officer for the said eastern side of the said City, who shall be allowed for his services such yearly sum as the Commanding Officer of the Regiment, with the approbation of the Majors of both Battalions, may direct, to be paid out of the fines and other contingent moneys of the said Battalions, each paying an equal proportion thereof.

4. The said enrolling officer shall keep a general muster roll of all persons liable to do duty in the said City Militia, in order to which the several Captains or Officers commanding Companies in said Militia, shall furnish him with lists of the persons belonging to such Companies.

5. The said enrolling officer, with the approbation of the officer commanding the said Militia, shall appoint a time for taking the enrolment of all persons liable to do Militia duty; he shall put up notices thereof in the most public places of the City requiring all persons liable and not enrolled to come and enroll themselves, or send a written notice of their names, ages, and places of abode, and advertise the same in all the

Newspapers of the City, at least ten days before the time appointed.

6. The persons contained in the said lists shall, to the extent allowed by this Title, compose the Companies of such Captains respectively; if any contain more than the proper number, the Captains thereof shall select thereout such as they please to compose their respective Companies; the remainder shall be considered unattached, but belonging to the Battalion. 7. When the Companies are formed as in the preceding Section, no change from one Company to another in the same Battalion shall be allowed without the consent of the Major commanding such Battalion, or from one Battalion to another without the consent of the Majors of both Battalions.

8. The persons unattached of each Battalion shall be appointed to such Companies as the enrolling officer, with the approval of the officer commanding the Battalion, may direct ; the remainder shall be formed into divisions or Companies under the command of such officers as the commanding officer of the Battalion may select, for the purpose of drill and exercise.

9. The officer appointed to the command of any such division. or Company shall have the same power as the Captain of any Company possesses, with respect to his Company.

10. A general order may be issued, forming such unattached persons or any of them into regular Companies, as additional Companies to the said Battalions, or either of them.

11. Any of the present Companies that are or may become deficient in number may, with the consent of the officer commanding the Battalion, complete the same out of the unattached list of such Battalion; and persons unattached may, with the consent of the officer commanding, enroll themselves in any Company so deficient until the same is complete.

12. Any person may with the consent of the Captain of a uniform Company in his Battalion, and of the officer commanding such Battalion, attach himself to such Company, first giving notice of his intention to the enrolling officer, and the officer commanding the Company he is desirous of leaving (if belonging to one), providing himself with the uniform of the Company he intends attaching himself to.

13. No person shall change from one uniform Company to

another without the consent of the officers commanding both Companies, and the officer commanding the Battalion.

14. Any person attached to a uniform Company, neglecting to appear in such uniform when ordered out to drill or inspection, may by the order of the officer commanding the Battalion, be removed from such Company and placed on the unattached list, or attached to any other Company the said commanding officer may appoint.

15. The Quarter Masters of the Battalions shall furnish lists of all exempts and aliens, with their places of abode within their respective districts, to the said enrolling officer, who shall enter the same in a book kept by him for that purpose, and they shall on or before the first day of June in each year proceed to the collection of the fines from such exempts and aliens.

16. If any dispute arises as to what Company any man belongs, the officer commanding the Battalion shall determine, and his decision shall be final.

17. Any person not enrolled liable to do Militia duty, neglecting to enroll or to send a written notice of his name, age, and residence to the enrolling officer, after notice and advertisement given as prescribed by Section 5 of this Chapter, shall pay a fine of twenty shillings, and also ten shillings for each day he may be absent from Militia duty, which shall be recovered with costs in the City Court at the suit of the said enrolling officer.

18. The fines when collected shall be applied as directed by Section 29 of Chapter 80 of this Title.

19. The provisions of this Chapter shall not extend to any other of the Militia Forces of this Province than those of the eastern part of the City of Saint John.

1. The Commander in Chief may form the Artillery and Sea Fencible Companies into separate Battalions.

2. The non-commissioned officers and privates of the said Corps respectively, and the non-commissioned officers and privates of any uniformed Company of Dragoons or Riflemen, submitting their names through their respective commanding officers to the Commander in Chief as volunteers for actual service, shall be exempt from draft by ballot.

3. The persons so volunteering shall perform all the duties required of them by the Commander in Chief, and be subject to all fines and penalties imposed by this Title on persons drafted by ballot.

4. When such volunteers are called out into actual service, they, or such portions of them as may be required, shall be under the command of their own officers respectively, and shall be formed into Companies distinct from persons drafted by ballot.

5. Any such volunteer refusing when called upon to perform any duty required of him, shall pay a fine of ten pounds, if he neglect or refuse to pay the same, his commanding officer shall by warrant commit him to the nearest common gaol, there to remain for a period of three months, or until the said fine be paid.

6. After such refusal and payment of the said fine, or suffering such imprisonment, he shall, in case of a draft by ballot, be subject thereto.

7. Nothing in this Chapter shall exempt any of the said Artillery, Sea Fencibles, Dragoons, or Riflemen, from the control and command of the Officer commanding the Regiment or draft to which they may be attached.

CHAPTER 83.

OF THE SUSPENSION OF CERTAIN SECTIONS OF THIS TITLE. Section.

1. Certain Sections of certain Chapters suspended, how long.

Section.

2. Revived and enforced, how, and by whom. 3. When in full force.

1. Sections 5, 6, 7, and 8 of Chapter 73; Section 2 of Chapter 74; Sections 4, 6, 7, 8, and 9 of Chapter 75; Sections 1, 2, 3, 4, and 5 of Chapter 76; Sections 4 and 5 of Chapter 78; Section 1 of Chapter 79; and Sections 2, 3, and 6 of Chapter 80, of this Title, are suspended until the first day of May one thousand eight hundred and fifty six.

2. If at any time the Commander in Chief shall deem it necessary to revive the said several suspended Sections, and to declare them to be in full force, he may by Proclamation, to be published in the Royal Gazette, or as he may deem expedient, revive the said several suspended Sections and declare them in full force.

3. Immediately on the publication of such Proclamation the said several suspended Sections shall be in full force.

1. Any person of foreign birth having resided in this Province for seven years shall, upon taking and subscribing the oath hereinafter prescribed, be entitled to all the privileges of a natural born subject of Her Majesty.

2. Such oath shall be as follows, viz:

'I A. B. of

do swear that I have resided seven years in this Province, without having during that time been a stated resident in any foreign country, and that I will be 'faithful and bear true allegiance to the Sovereign of Great 'Britain and Ireland, and of this Province as dependent 'thereon. So help me God :'

and shall be administered by a Judge of the Supreme Court in open Court, either at Bar or Nisi Prius, between the hours of nine and twelve in the forenoon, and at the same time subscribed by such person in a book to be kept for the purpose.

3. The Judge administering such oath shall cause a certificate thereof to be transmitted to the Office of the Provincial Secretary, which shall be entered in a book to be kept for that purpose in his Office, and a copy of such certificate, certified under the Seal of the Province, shall be sufficient proof thereof, and of such person being admitted to all the privileges aforesaid in all Courts whatsoever.