Proceeding by Writ of Scire Facias against Representative of deceased Joint Contractor authorised.

II. And be it further enacted by the authority aforesaid, That if any one or more of the Defendants in any action, against which a joint judgment may have been entered in any Court of Record in this Province shall die, it shall and may be lawful for the Plaintiff or Plaintiffs, or the Survivor or Survivors of them, or the Executor or Administrator of such Survivor, to proceed by Writ of Scire Facias against the Representatives of such Defendant or Defendants respectively, so dying, notwithstanding No greater sum to be col- there may be another Defendant still living, and against whom the said

lected than Debt and

Damages justly due.

Limitation of liability of

judgment may be in force: Provided always, that nothing in this Act contained shall be construed to extend to authorise the collection of a greater sum than the debt or damages justly due, with interest and costs: Stock-Holders in Char- Provided always, that the property and effects of Stock-Holders in Chartered Banks, or the Members of other Incorporated Companies, shall not be rendered liable to a greater extent than they would have been if this Act had not been passed.

tered Banks, or Incorporated Companies.

Preamble.

Lieutenant Governor may

divide Militia into Regi, ments or Battalions, and

appoint Officers.

CHAP. VIII.

AN ACT to amend, and reduce into one Act, the Militia Laws of this

Province.

[Passed 6th March, 1838.]

WHEREAS the several laws now in force for embodying, organizing and training the Militia of this Province are, in many instances, defective and inefficient: Be it therefore enacted, by the Queen's most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, entitled, " An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty reign, entitled, 'An Act for making more effectual provision for the Government of the Province of Quebec in North America, and to make further provision for the Government of the said Province," and by the authority of the same, That from and after the passing of this Act, it shall and may be lawful for the Lieutenant Governor from time to time, to divide the Militia of this Province into such number of Regiments or Battalions as he may deem most conducive to the efficiency of the said Militia, and under his hand and seal to appoint a sufficient number of Colonels, Lieutenant Colonels, Majors, Captains and other Offcers, to train, discipline and command the said Militia, according to such rules, orders and directions, as shall from time to time be issued by him for

to Her Majesty's Forces.

that purpose; which Officers of Militia shall rank with Officers of Her Omcers to rank as Junior Majesty's Forces serving in this Province, as junior of their respective rank.

than sixteen, nor more than sixty years of age.

II. And be it further enacted by the authority aforesaid, That the Militia Militia-men to be not less of this Province shall be composed of the male Inhabitants thereof, being not less than sixteen, nor more than sixty years

of age.

once a-year, at place

ing Officer.

III. And be it further enacted by the authority aforesaid, That the Officers Militia to enrol themselves now commanding Regiments or Battalions of Militia, or who shall hereafter appointed by Commandcommand the same, shall require the Captains or Officers commanding companies or divisions in such Regiment or Battalion, to call upon the inhabitants liable to serve as Militia within the limits of his company or division, to enrol their names as Militia-men, at least once in every year, that is to say, on the fourth day of June, or if that day be upon Sunday, then on the following day, in each year, which enrolment shall be made at a place to be appointed by the Officer commanding the Regiment or

Battalion.

Militia-man to prove his

IV. And be it further enacted by the authority aforesaid, That every per- Incumbent on every son liable to serve in the Militia in this Province, residing within the limits age of any Regiment or Battalion, shall appear at the place so appointed by the Officer commanding such Regiment or Battalion, and there enrol his name as a Militia-man; and if a question shall arise as to the age of any person required so to enrol himself, it shall be incumbent on him to prove

his age.

Militia are required to

a-year.

V. And be it further enacted by the authority aforesaid, That if the Mili- Notice to be given when tia shall be required to enrol their names oftener than once in each year, train oftener than once as hereinbefore provided, the Captains or Officers in command of Companies shall cause a verbal or written notice to be given to the Militia within the limits of their Companies, of the time and place where such enrolment is to take place, at least four days before such enrolment is appointed to take place, which notice shall be delivered by such Non-commissioned Officer of the Companies respectively, as the Captain or Officer in command of Companies shall appoint and direct to deliver the same: Provided No person required to always, that no person shall be obliged to enrol himself as aforesaid, unless a Subject of Her Majesty, such person is a natural-born subject of Her Majesty, or a subject of Her Majesty, naturalized by an Act of the British Parliament, or become such by an Act of the Parliament of this Province, or a person who has taken the oath of allegiance.

enrol himself who is not

Lieutenant Governor may

war, rebellion or invasion,

died so long as necessary.

Persons refusing or neglecting, to be fined ar imprisoned.

How penalties are collected.

VI. And be it further enacted by the authority aforesaid, That it shall call out Militia in time of be lawful for the Lieutenant Governor to call out and embody the Militia and continue them embo- of this Province, or any portion thereof, in a time of actual war with a Foreign Power; to put down or suppress rebellion; to repel invasion; or for any purpose connected with the preservation of the public peace, and to continue the Militia so called out embodied for actual service, so long as in his opinion may be necessary; and any person refusing to obey such order or command, or absconding from, or neglecting to repair to the place he is ordered to, being a Commissioned Officer, shall forfeit and pay the sum of fifty pounds, and be held to be unfit to serve Her Majesty as an Officer in any Military capacity, and being a Non-commissioned Officer, or Private, shall forfeit and pay the sum of twenty pounds; and in default of payment for such refusal or neglect, such Officer, Non-commissioned Officer, or Private, shall be committed to the common Gaol of the District, for any time not less than six, nor more than twelve calendar months, except such person shall satisfy the Colonel or Officer commanding such Regiment or Battalion to which he belongs, that such refusal or neglect arose from sickness, or that he was absent upon leave; and that all such penalties shall be levied and collected in the same manner as penalties are authorised to be levied and collected by the authority of this Act, for disobedience of orders in time of peace: Provided always, that whenever it shall happen that only part of the Militia of this Province shall be called out for actual service, it shall and may be lawful for any person being of the Militia of the County or Riding that may be so called out, or of any City within the same, duly chartered by any Act of the Parliament of this Province, to provide and send an able-bodied man to serve in the said Militia in his stead, and such able-bodied man shall be taken and received as a proper substitute for such person living in the County, Riding or City, that would otherwise be obliged to serve in the said part of the Militia called out as aforesaid.

Person called upon to serve, may find substitute.

Militia may be marched

to Lower Canada, or to tion is making to invade

any place where preparathis Province.

VII. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the Lieutenant Governor, to embody the Militia of this Province, or such portion thereof as he may think necessary and expedient, and to march the same into the Province of Lower Canada at any time when the same shall be actually invaded, or threatened with invasion, or in a state of insurrection; or to march the said Militia, or any portion thereof, to any place without the limits of this Province, for the attack of any enemy that may have invaded, or may be marching or collected for the purpose of invading this Province; or for the destruction of any vessel or vessels built or building, or any fort, depot or magazine, formed or forming by any Foreign Power at war with our Sovereign Lady the

Queen, her Heirs or Successors, from whence the invasion of this Province may be apprehended.

Commissions during

VIII. And be it further enacted by the authority aforesaid, That all Offi- Officers to hold their cers of Militia appointed under and by virtue of this Act shall hold their pleasure. Commissions during pleasure.

Regiments, may assemble

year, or oftener if

IX. And be it further enacted by the authority aforesaid, That the Colonel Officers commanding or Officer commanding any Regiment or Battalion of Militia within this them two days in each Province, shall have power and authority to assemble his respective Regi- required by Lieutenant ment or Battalion two days in each year, and oftener if thereunto directed by the Lieutenant Governor, at such place or places as he shall appoint, for the purpose of drill and inspection.

Governor.

Regiments to transmit

General's office.

X. And be it further enacted by the authority aforesaid, That on or Officers commanding before the fourteenth day of June in each and every year, the Colonel or returns to Adjutant Officer commanding any Regiment or Battalion of Militia in this Province, shall transmit to the Adjutant General of the Province, a return of the effective strength of the same; the vacancies that may have occurred from any cause among the Officers of such Regiment or Battalion; and the names of persons recommended to fill such vacancies, together with such further information as the Lieutenant Governor shall from time to time direct to be included in such return.

may appoint Staff Officers.

XI. And be it further enacted by the authority aforesaid, That the Lieu- Lieutenant Governor tenant Governor shall have full power and authority to appoint persons belonging to hispersonal Staff, or on the Staff of the Militia, to such Militia rank as he may think proper to confer, not exceeding the rank of Lieutenant Colonel, independent of and apart from any rank that may be held by such person in any Regiment or Battalion of Militia in this Province.

prescribe uniform.

XII. And be it further enacted by the authority aforesaid, That it shall Lieutenant Governor to and may be lawful for the Lieutenant Governor, from time to time, to prescribe the uniform to be worn by the Militia of the Province, when on duty or assembled for drill or inspection.

must provide uniform and

XIII. And be it further enacted by the authority aforesaid, That any Officers within one year Officer of Militia who shall not, within one year from the time the Lieu- sword, or be superseded. tenant Governor shall prescribe the uniform for the respective Regiments or Battalions, provide himself with such uniform, including a sword, and who shall appear at any muster or inspection of the Regiment or Battalion

C

Lieutenant Governor may appoint Regiments or

Artillery or Light
Infantry.

to which he belongs, without being dressed in such uniform and sword, shall be and he is hereby declared superseded.

XIV. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the Lieutenant Governor, in his discretion, to constitute Battalions of Dragoous, Regiments or Battalions of Dragoons, Artillery or Light Infantry, separate and distinct from other Regiments or Battalions in the several Districts of this Province, to be selected from the different Regiments or Battalions therein, as the Lieutenant Governor may direct: Provided, nevertheless, that nothing in this clause contained, shall be construed to prevent the formation of Companies of Artillery, or Troops of Dragoons, within the limits assigned to the several Regiments or Battalions of Militia, to be independent of or attached to such Regiments or Battalions, according to such orders or directions as the Lieutenant Governor may, from time to time, make in that behalf.

Such Regiments to be

Regiments of Militia.

XV. And be it further enacted by the authority aforesaid, That Regiments subject to orders, as other or Battalions of Dragoons, Artillery or Light Infantry, so constituted as aforesaid, shall be subject to such orders, rules and regulations, with respect to drill, inspection or other duty, as from time to time, may be issued by the Lieutenant Governor, for their efficient organization for actual service, apart from the other Regiments or Battalions of Militia in the Province.

Officers of Militia disobey

ing or neglecting orders,

XVI. And be it further enacted by the authority aforesaid, That any to be fined and cashiered. Officer of Militia, who, in time of peace, shall be guilty of wilful neglect or disobedience of orders, or of any act of insubordination, in the performance of his duty, shall, on conviction, be liable to pay a fine, not less than one pound nor more than twenty pounds, besides costs of conviction, and to be cashiered and deprived of his commission and rank in the Militia.

Militia-men neglecting to carol, or disobeying orders, to be fined, or

payment.

XVII. And be it further enacted by the authority aforesaid, That any non-commissioned Officer or private Militia-man, who, in time of peace, imprisoned in default of shall wilfully refuse or neglect to enrol himself, as hereinbefore provided, or who shall be guilty of wilful neglect or disobedience of orders, or of any act of insubordination or misconduct, while on parade, or engaged in the performance of Militia duty, shall, on conviction, pay a fine of not less than five shillings nor more than five pounds, over and above the costs of conviction, and in default of payment, shall be liable to imprisonment in the common gaol of the District, for a term not less than three days nor more than one month.

XVIII. And be it further enacted by the authority aforesaid, That the Colonel, or other Officer commanding any Regiment or Battalion of Militia