Persons liable Militia. the support and defence thereof; and that the inhabitants should be well armed, and properly trained up in the Art Military, as well for the honor and service of His most sacred Majesty, and the security of this his Island, against any hostile attack or invasion whatsoever, as for the preservation of their own lives and fortunes; and that every person may know his duty herein, and be obliged to perform the same: I. Be it enacted by the Governor, Council and Assembly, to serve in the That from and after one month next from the publication hereof, all male persons, planters and inhabitants, and their servants, between the ages of sixteen and sixty, residing in, This clause al- and belonging to this Island, shall bear Arms, and duly attend all musters and military exercises of the respective companies in which they shall or may be enrolled or belong. tered by 3 W. 4, c. 30, s. 7. Persons enroll ed in a Company, to do duty orderly dismis therein until III. That every person enrolled in any company, shall so continue and attend all duty therein, or suffer the penalty by law provided, until orderly dismissed, or removed out of the town or precinct of such company; and in case of removal into the precinct of another company, to produce a certificate val into another under the hand of the captain, or chief officer of the precinct precinct, to pro- whereunto he is removed, that he is enrolled there. sed. In case of remo duce certificate. Persons liable, who attempt to evade service, to be fined 10s. Mode of recovery. Officers of com panies to pun ish disorders, IV. If any person, liable to be enrolled as aforesaid, do attempt to exempt himself from such service, by shifting from house to house, or place to place, with intent to avoid his being so enrolled, he shall pay, as a fine for every such offence, to the use of the company to which he properly belongs, ten shillings, on being thereof convicted before any of His Majesty's Justices of the Peace for this Island. VII. That the commissioned Officers of any company, or the major part of them, may order the correcting and punishby commitment ing disorders and contempt committed while on duty; the said punishment not being greater than commitment for a time not exceeding forty-eight hours, or the payment of five shillings as a fine. or fine. Military Watches may be appointed by the Governor, &c. All persons of age to attend the same, on penalty of 58. Officers empow ored to appoint and displace VIII. That there be military watches appointed and kept at such times, in such places, in such numbers and under such regulations, as the Governor or Commander-in-Chief of this Island for the time being shall appoint; and that all persons able of body, and who are of age, shall themselves, or by some proper person in their stead, to the satisfaction of the Commanding Officer of the watch, attend the same, on penalty of forfeiting five shillings for each neglect, there having been due warning previously given. XII. That the Captain and commissioned officers of each company shall, and they are hereby fully empowered to nomi nate and appoint proper persons to serve as Serjeants and Corporals in their respective companies, and to displace them and appoint others in their room, as they shall or may see occasion. XIII. That all persons who shall or may be so nominated and appointed to serve as Serjeants or Corporals, and who shall refuse to serve in such capacity, shall be subject to pay a fine of two pounds, and thereupon others shall be chosen or appointed in their room, and so on, until proper persons are nominated, who shall accept of their appointment. Serjeants and Persons so appointed, and serve, subject to a fine of 408. who refuse to Serjeants and neglect their duty, &c., shall offence 108. or be committed Mode of recovery. forfeit for each for 24 hours. XIV. And be it further enacted, That if any Serjeant or Corporal appointed as aforesaid shall be guilty of any neglect of duty, or be drunk or disorderly while on duty, he shall forfeit and pay, for each and every offence, the sum of ten shillings, or be committed for twenty-four hours-which fines shall or may be recovered and applied in the same manner as is hereinafter directed for a person refusing to serve as Clerk. XVI. And be it further enacted, That all persons who shall attend at places of muster, in order to be trained and ing musters instructed in military discipline, shall be, and they are hereby to be exempted declared to be, exempted and freed from all arrests in civil in civil causes causes, as well while going to such place of muster, as while they may be there, or coming from thence, during the space of twenty-four hours-the same to be allowed for the time and continuance of such muster. XVII. That such person as by the Commissioned Officers of any Company may be appointed Clerk, and refuses to serve in that capacity, shall pay forty shillings fine, and another be chosen in his room, and so on, till one do accept or consent to execute that duty; and which person so accepting or consenting, shall be under oath for the faithful discharge of his duty in said office-the same to be administered unto him by a Justice of the Peace of the County, in words following, viz: Persons attend from all arrests while there, and in going to Person apof any Compa pointed Clerk ny, and who refuses to serve, shall pay 408. fine. Persons serving shall be sworn. You do swear truly to perform the office of Clerk of the Form of oath. Militia Company, under the command of A. B. Captain, to 'to the utmost of your skill and power, in all things apper'taining to your office, according to law. So help you God.” ing fines. And for every distress made for any fine not exceeding forty Clerk's allowshillings, the said Clerk shall have one quarter part thereof ance for levyfor his pains and trouble; and for the levying and recovering such fines, he may make distress for, ex officio-the said overplus of all distress to be made subject to such rules as the law hath pro- fines received vided in other cases; and after ten days' notice for that pur-paid to the pose, he shall pay the Captain or chief officer all such fines as Captain. he shall or may have received, his own part being deducted therefrom. by him to be 4 Chief Officers of Regiments may require CapSains of Compa nies to meet and confer. Chief Officer XVIII. The chief Officer of the regiment, as often as he may see cause so to do, shall require the Captain or chief Officer of each Company in his regiment to meet at such time and place as he shall or may appoint, and there to confer with them, and to give in charge such orders, as shall by them or the major part of them, be judged meet, for the better ordering and settling their several companies, and for the more effectually promoting military discipline amongst them: And the said chief Officer is hereby empowered, by virtue of his try and punish warrant, directed to any Clerk or officer of his regiment, to summon or cause to be brought before him, any offender against this Act, and, according to law, to hear and determine all matters proper for their cognizance, and to give sentence, and to award mittimus, or warrant of distress, to the Clerk of the Company where the offence shall or may be committedfor executing which warrant, if for levying above forty shillings, he shall have ten shillings out of the same, for his pains and trouble therein, and no more. empowered to offenders against this Act. Allowance to Clerks for executing Warrants. No Clerk to make distress er officio, for six days after offence is committed. XIX. That no Clerk, ex officio, make distress for any fine until six days next after the offence shall have been committed, any fines until in order that the party may have opportunity to make excuse, if any he hath, why he should not pay the fine: And all such Clerks neglecting or refusing to account, or make payment, as by this Act is required, shall be subject to distress to the full amount of what they ought to have collected, by virtue how punished. of a warrant from the chief Officer of the Company, directed to any Constable. Clerk neglecting to account for fines, &c. Alarm, how to be made at Charlottetown. XXI. That any alarm which may be given or made at Patterson's Battery, in Charlottetown, upon such occasions as are agreeable to instructions to be given by the Governor or Commander-in-Chief for the time being, to the Officer commanding at the said Battery, shall be by setting on fire or lighting a beacon at the summit of the hill of Queen Street, or at such other place as the Governor or Commander-in-Chief for the time being shall or may hereafter appoint for that purpose, and by firing two guns distinctly at the said Battery, or at such other place or places as the Governor or Commander-in-Chief for the time being, shall or may appoint for the aforesaid purpose; as also by firing two guns in like manner at the Tartar's Wharf, the same to be so fired at the space of five minutes after the firing of the aforesaid guns at the Battery, or at such other place as may be appointed as aforesaid; and thereupon all the trained Officers, Soldiers, and other persons able to bear arms, who shall or may be then resident in the said town, or the suburbs thereof (in case of such alarm), shall forthwith appear complete with their arms and ammunition, according to the directions of this Act, at such place or places of rendezvous as may from time to time alarm. be appointed by the Governor or Commander-in-Chief for the time being, there to attend such commands and orders Penalty for not as shall or may be given for His Majesty's service, on penalty appearing upon of forfeiting the sum of five pounds, or suffering three months' imprisonment. And the Members of His Majesty's Council, Duty of MemJustices of the Peace, and Provost Marshal, are hereby bers of Council, Justices, &c.8 required to attend upon the Governor or Commander-in-Chief, such occasions if he or they should be then at Charlottetown-but if he or they should happen, in case of such emergency, to be at any other place or places in this Island, then to appear there, and advise with the chief military Officers of such place or places where such alarm may be made, and to be assisting in His Majesty's service, according to their quality and rank: And or 12 months all persons wilfully making false alarms, shall be fined to His imprisonment, Majesty in the sum of fifty pounds, for the support of his alarms. Government, or suffer twelve months' imprisonment; and all alarms which shall or may be made in other parts of this Island, shall be made according to the instructions given by the Governor or Commander-in-Chief for the time being to the officers commanding there. XXII. And be it further enacted, That every person who shall, in pursuance of this Act, adventure himself as a militiaman in the defence of this Island upon any invasion, and shall, while in such service happen to be maimed, or receive any hurt, so as to be rendered incapable of getting a livelihood, that then such person or persons shall, according to the degree of his or their disability, receive a yearly pension or allowance, the same to be paid out of the public moneys of this Island; and if slain, then his or their widow or widows, during the time of her or their widowhood, and his and their children, shall, have a competent allowance, to be paid yearly out of the said public moneys-each and every such pension or allowance to be estimated and fixed by the Governor or Commander-in-Chief, by and with the consent and advice of His Majesty' Council. XXIII. And for the better preventing false alarms-Be it further enacted, by the authority aforesaid, that no Captain, Master, or Commander of any ship or vessel, riding at anchor, or being within the harbour of Charlottetown, or any other person or persons whatsoever, either afloat or on shore, within the town or suburbs of Charlottetown, &c., or at places within twenty miles therefrom, shall presume to fire any guns or small arms, or beat any drum after sunset, unless on some lawful occasion, under the penalty of forfeiting forty shillings for every gun or small arm so fired or drum so beaten-the same to be levied by warrant of distress from any of His Majesty's Justices of the Peace in this Island, and sale of the offender's goods; and for want of sufficient distress, then to Penalty of £50, for making false Alarms, how to be made at other parts of the Island. Allowance to Militia-men wounded in de fence of the who may be Island in case of invasion. Allowance to children of such the widows and as may be slain. No guns to be fired, nor druma beat after subset, under a pa nalty of 40s. Mode of reco very. Not to extend to His Majesty's ships or troops. Persons exempted from training shall, notwithstanding, provide arms, &c. Persons not to be liable to any penalty for want of arms;; but when proarms, &c., to be subject to the regulations contained in this Act. vided with commit such offender or offenders to Jail, there to remain until payment shall have been made of such fine or fines. XXIV. Provided always, That this last mentioned clause shall not be construed to extend to any Captain or other Officer of any of His Majesty's Ships of War, for their firing at setting the watch, nor to any of His Majesty's troops on shore or on board, in the due execution of their duty. XXV. That all persons exempted by this Act from training, shall, notwithstanding such exemption, be provided with arms and ammunition complete, or suffer the same penalty as those that are obliged to train. XXVII. And whereas the situation of many of the settlers of this place cannot bear the expense of purchasing fire-arms and ammunition-Be it therefore further enacted, that notwithstanding the regulations relative thereto as contained in the preceding part of this Act, no person shall be subject to any penalty or forfeiture on that account; but that, as soon as the Governor or Commander-in-Chief for the time being shall have provided the fire-arms and ammunition, the several enrolled militia-men, also those who shall or may receive the same, shall thereupon be, and they are hereby declared to be, subject to the regulations above mentioned, with respect to their keeping their arms, &c., in good order, and always fit for service *Several sections of the above Act having been repealed by 3 W. 4, c. 30, and 9 Vic. c. 6, are not herein inserted. Amended by 36 G. 3, c. 4. CAP. II. An Act to enable Proprietors to divide their Lands held in common, and for ascertaining the mode of carrying such division into execution. WHEREAS many of the Proprietors of certain half, third, and fourth parts of Lots or Townships of Land, belonging to this Government, have never been in the Island, nor appointed agents or attorneys to manage their respective affairs there; whereby the settlement and improvement of the parts or shares of such proprietors as do reside and live in the Island, or in their occasional absence, have committed the management of their affairs to Attorneys or Agents, have been delayed and impeded, to the general prejudice and injury of the said Island: For remedy whereof, Be it enacted, by Proprietors of the Governor, Council and Assembly, that when and so the Island, de- often as any of the proprietors of such Land shall be desirous sirous of divi- of having a division or partition of the same, in order that ding lands held in common with such proprietors may know their own Lands with certainty, land resident in |