CAP. XXX. An Act for repealing certain parts of the Act intituled "An Act for the establishing and regulating a Militia," and for substituting other provisions in lieu thereof. WHEREAS HEREAS it is deemed expedient for the better regulation of the Militia of this Island, that certain parts of the above mentioned Act be repealed, and other provisions substituted in lieu thereof: Be it therefore enacted by the Lieutenant Governor, Council and Assembly, That the second, fifth, sixth, tenth, eleventh, fifteenth, twentieth and twenty-eighth sections of an Act made and passed in the twentieth year of the reign of His late Majesty King George the Third, intituled "An Act for the establishing and regulating a Militia," be, and the same are hereby repealed. For Acts relating to Militia, see 20 G. 3, a 1, 9 Vic., c. 6. 5th, 6th, 10th, 11th, 15th, 20th, and 28th 20 G. 3, c. 1. sections of Militia to be ed at such appoint, not to II. And be it further enacted, That the Militia of this Island shall be formed into battalions, regiments, companies, formed into and such smaller divisions, and shall be called out for the pur- battalions, &c., pose of training and other military exercises, at such times, and to be train places, and in such proportions as to the Lieutenant Governor times as Lieut. or Commander-in-chief for the time being shall appear best Governor shall adapted to the conveniency of the inhabitants enrolled therein, exceed once in not exceeding once in each year, except in time of war or other each year. emergency; and that no commissioned officer shall reside more than ten miles distant from the place of training; and Commissioned that no noncommissioned officer or private in attending mus- within 10 miles ters or drills, shall have to march more than five miles from of place of training. his place of abode, except in case of war or other emergency as aforesaid; and in such last mentioned cases, it shall and Noncommismay be lawful for the Lieutenant Governor or other Com- sioned officers mander-in-chief for the time being to issue such further orders to the commanding officers of regiments, battalions or companies, as he may deem requisite, and the safety of the Island may require. officers to reside or privates not than 5 miles to train, except in to march more cases of emergency. III. And be it further enacted, That the clerk of each Duty of clerks company, once in every year, shall take a list of all persons of companies. liable to be enrolled in the Militia, living within the precinct of such company, and present the same to his captain or commanding officer of the company to which he belongs-the said return to be given in, on or before the last Tuesday in October duty. in each year, under pain of forfeiting the sum of forty shillings Fine on clerk for each default, to be paid to the captain or commanding officer for neglect of of the company; and in case of nonpayment, the same to be levied by distress and sale of the offender's goods and chattels, Mode of recov by virtue of a warrant from any Justice of the Peace in this ery. Island, who is hereby empowered to grant the same; and in case of no goods or chattels whereon to levy the same fine, then the said Justice is hereby authorized and empowered to commit the said offender to the jail of Charlottetown, for a period not exceeding twenty-one days: and the said captains or commanding officers of companies are hereby required to transmit such returns, within one month next thereafter, to the commanding officer of the regiment or battalion to which they belong, under the penalty of five pounds; and the said month, or for commanding officers of regiments or battalions are hereby re aptains to Transmit re rns of their companies, <within one feit £5. Mode of intimating mus Bers. Penalty on commanding officers of bat alions or com panies neglect. ing to draw Forth the same -or for disobedience of .orders. Mode of recovexory. Noncommis ioned officer or private to for #eit 58. for not appearing at muster. Officers com randing battaions or compa ies, to be furmished with copy of Militia dows. Men above quired, on or before the first day of January in each year, to transmit the same to such officer as the Lieutenant Governor shall appoint to receive such returns. IV. And be it further enacted, That the commanding officer of each company shall order and direct the clerk thereof to put up notices in three of the most public places within his precinct, therein warning the Militiamen of the said company of the time and place appointed for each muster; and every commanding officer of a regiment, battalion or company, neglecting to draw forth the regiment, battalion or company under his command, or to cause the same to be done, or refusing in any way to obey the orders or commands of his superior officer, shall, for every such neglect or refusal, forfeit and pay the sum of fifty shillings, and shall also be liable to be dismissed from his situation in such Militia-the said fine to be levied by distress and sale of the offender's goods and chattels, by virtue of a warrant from the said superior officer, directed to the clerk of the regiment, battalion or company to which such offender belongs, in manner as directed by the said Act of which this is an amendment; and in case such neglect or refusal should originate with the commanding officer of any regiment, corps or battalion, that then and in such case the warrant shall issue from the person who shall be appointed as aforesaid by the Lieutenant Governor to reeeive returns under this Act. V. And be it further enacted, That every noncommissioned officer and private who shall neglect to appear at any battalion or company muster, agrecably to the provisions of this Act, shall be liable to a fine of five shillings for each and every neglect as aforesaid-to be recovered and levied by warrant of distress, to be issued by the captain or other officer commanding the company. VI. And be it further enacted, That all officers commanding battalions and companies shall, upon their appointment, be furnished with a copy of the Militia laws, and shall produce the same, together with a roll of their battalion or company, upon all musters or inspections. VII. And be it further enacted, That all Militiamen above forty-five years Dorty-five years of age, being privates, shall be enrolled as formed into re reserved battalions or corps, and shall not be called out for of age to be training or otherwise, unless when specially ordered and re- served battali quired. ons. VIII. And be it further enacted, That the person so ap- Duty of Inspecpointed by the Lieutenant Governor, or other Commander-in- tor of militia. chief for the time being, to receive the returns as aforesaid from the officers commanding regiments or battalions, shall, when directed, inspect the respective regiments, battalions or companies of militia, at such times and places as the Lieutenant Governor or Commander-in-chief for the time being, may appoint, under the provisions of this Act-which said person Salary of Inso appointed as aforesaid shall be paid out of the Treasury of spector. this Island the sum of seventy-five pounds per annum, in lieu of the salary now attached to the office of Adjutant General, and in place of all fees, charges or expenses for travelling to inspect the militia. IX. And be it further enacted, That the persons hereinafter described be exempted from all trainings, watches and warding, except such as shall voluntarily receive commissions in the militia, (that is to say)-the members and officers of His Majesty's Council, the members and officers of the Assembly, the Chief Justice and other Justices of Courts, Justices of the Peace, Attorney General, Treasurer of the Island, Secretary and Registrar, Chief Surveyor of Lands, Ministers of the Gospel, Field Officers, the Collector and Comptroller of His Majesty's Customs, licensed Schoolmasters, constant Ferrymen, one Miller to each grist mill, and lame persons producing certificates thereof from a Surgeon or Justice of the Peace. Persons exempted from militia. serving in the X. And be it further enacted, That all fines, penalties and Appropriation forfeitures arising by operation of this Act, or of the Act inti- of fines. tuled "An Act for the establishing and regulating a Militia" (where the same are not otherwise disposed of), shall be paid to the Commanding officer of the regiment or battalion, to be applied to the contingent expenses of such regiment or battalion, to be accounted for, annually, to the Commander-in-chief for the time being. CAP. XXXI. See 9 Vic. c. 21, An Act to regulate the salary of the Treasurer of this Island. and 18 Vic. c. WHEREAS it is deemed expedient to establish and fix the salary to be paid to the person who may hold the office of Treasurer of this Island: Be it enacted, by the Lieutenant Governor, Council and Assembly, That there shall be allowed and paid to the person who now holds, or shall hereafter hold, 19. Treasurer to bo paid £500 per annum, in lieu emoluments. of all other لد the office of Treasurer of this Island, the sum of five hundred Pounds* per annum, currency of this Island, in lieu of all percentage, fees or emoluments whatsoever-which said yearly allowance or salary shall be deemed to have commenced and shall be computed from the fifth day of January last past, from and after which period no other emolument or allowance shall be paid to the said Treasurer, other than the salary provided by this Act. By the 9th Vic. cap. 21, this allowance in reduced to £400 per annum, and by 18th Vic. cap. 19, it is subject to a further reduction of £100. CAP. XXXII. Continued by 2 Vio. (1st sess.) An Act for the regulation of the public Wharf of Charlotte c. 4. Repealed by 8 Vic. c. 16. town. CAP. XXXIII. Repealed by An Act to repeal the several Acts relating to licenses for retailing strong and spirituous liquors, and to make other provisions in lieu thereof. CAP. XXXIV. Continued for another year by 4 W 4, 0. 21. A Expired. An Act to continue for one year an additional duty imposed on wines and spirituous liquors imported into this Island. CAP. XXXV. Continued for Expired. An Act for continuing for one year an ad valorem duty on all goods, wares and merchandise, imported into this Island, with certain exceptions. Continued for by 4 W. 4, c. 20. CAP. XXXVI. An Act for levying a duty on tobacco and tea. CAP. XXXVII. An Act to make and keep in repair the pumps and wells of cer ** This Act affects titles to lands, but is omitted pursuant to directions of 12 Vic., c. 23. For other Acts which have reference to the same subject, see note to 26 Geo. 3, c. 1. CAP. XXXVIII. An Act for appropriating certain Moneys for the service of the Executed. year One thousand eight hundred and thirty-three. CAP. XXXIX. Passed with a An Act to provide for the civil establishment of the colony, suspending and to repeal two certain Acts therein mentioned. clause, and not assented to by His Majesty. |