# An Act respecting the Militia and Defence of the Dominion of Canada

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Source: Early Canada Online
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. As provided by the ﬁfteenth section of “The British North America Act, 1867," the Command-in-Chief of the Land and Naval Militia, and of all Naval and Military Forces, of and in Canada, is vested in the Queen, and shall be exercised and administered by Her Majesty personally or by the Governor as Her Representative.
2. There shall be a Minister of the Militia and Defence who shall be charged with and be responsible for the administration of Militia Affairs, including all matters involving expenditure, and of the fortifications, gunboats, ordinance, ammunition, arms, armories, stors, munitions and habiliments of war belonging to Canada:
(2) The Minister of Militia and Defence shall have the initiative in all Militia affairs involving the expenditure of money;
(3) The Governor in Council shall, from time to time, make such orders as may be neressary respecting the duties to be performed by the Minister of Militia and Defence.
3. The Governor may appoint a Deputy of the Minister of Militia and Defence, and such other Departments an may be necessary for carrying on the business of the Department; and the duties of such Officers shall he prescribed, and their salaries ﬁxed by the Governor in Council.
but Her Majesty may require all the male inhabitants of the Dominion, capable of bearing arms, to serve in case of a Levée en Masse:
5. The male population so liable to serve in the Militia, shall he divided into four classes;
The first Class shall comprise those of the age of eighteen years and upwards, but under thirty years, who are unmarried, or widowers without children;
The second class shall comprise those of the age of thirty years and upwards, but under forty-five years, who are unmarried, or widowers without children;
The third Class shall comprise those of the age of eighteen years and upwards, but under forty-five years, who are married, or widowers with children;
The fourth Class shall comprise thos of the age of forty-five years and upwards, bu under sixty years;
And the above shall be the order in which the male population shall be called upon to serve.
6. The Militia shall be divided into Active and Reserve Militia:
The Active Militia shall consist of the Volunteer Militia, the Regular Militia, and the Marine Militia:
The Volunteer Militia shall be composed of Corps raised by voluntary enlistment;
The Regular Militia shall be composed of men who voluntarily enlist to serve in the same; or of men balloted to serve; or of men who voluntarily enlist to serve with the balloted men and of men balloted to serve;
The Marine Militia shall be composed of seamen, sailors, and persons whose usual occupation is upon any steam or sailing craft, navigating the waters of the Dominion;
The Reserve Militia shall consist of the whole of the men who are not serving in the Active Militia of the time being.
and thereafter such men of any Volunteer Corps, in any Regimental Division, as complete three years: continuous service in such Corps, or complete three years including any previous continuous service in the same corps immediately before such muster, or had served three years continuously in such corps immediately before such muster, and are discharged after giving the required notice, shall not be liable to be balloted for any period of drill or training of the Active Militia, until all the other men in the ﬁrst, second and third classes of Militiamen in the Company Division within which they reside, have volunteered or been balloted to serve.
8. No member of a Volunteer Militia Corps, enrolled or re-enrolled under this Act, shall be permitted to retire therefrom in time of peace, without giving to his Commanding Officer six months’ notice of his intention.
9. Hereafter the period of service in the Volunteer Militia in time of peace shall be three years.
and such of the men as are enrolled in any Service Company of Regular or Marine Militia, for drill and training during any such two years, shall not again be liable to be taken for drill and training, until all the other men in the ﬁrst, second, and third classes of Militiamen, in the same Company division, have volunteered or been balloted to serve.
save and except that the men who have been balloted under authority of chapter two of the Statutes of the late Province of Canada, passed in the twenty-seventh year of Her Majesty’s Reign, and of the amendments thereto, shall be liable to serve until replaced by Active Militiamen organized under this Act, but shall not thereby be exempt from liability, if balloted to serve in any quota of Militiamen required at any time to be organized under this Act.
12. Her Majesty may divide Canada into nine Military Districts, viz: one comprising the Province of Nova Scotia, one comprising the Province of New Brunswick, three in the Province of Quebec, and four in the Province of Ontario.
13. Her Majesty may alter the Districts, speciﬁed in the next preceding section, and increase or diminish the number thereof as may be deemed necessary: and may name the territorial divisions which shall form each of the three Military Districts of Quebec, and each of the four Military Districts of Ontario, and may alter the same from time to time.
but all Military Districts and Divisions existing on the day on which this Act shall come into force shall be continued as such, until altered under the provisions of this Act.
15. For each Regimental Division there shall be appointed from the residents therein, one Lieutenant-Colonel and two Majors of Reserve Militia; but such Officers may be appointed from among non-residents in the Regimental Division in exceptional cases in which it shall appear to Her Mayesty that such appointments will be more conducive to the interest of the Militia service; All orders and reports, relating to the enrolment at anymtime of Militiamen within the Regimental Division, shall sent to, and received through and acted on by the Lieutenant-Colonel, or in his absence through the senior Major of the Division, for the time being, who shall act instead of the Lieutenant-Colonel during such absence:
(2) And for each Company Division there shall be appointed from the residents therein, one Captain, one Lieutenant and one Ensign of Reserve Militia; and all orders and reports relating to the enrolment at any time of Militiamen within the Company Division shall be sent to, and acted on by the Captain; or in his absence they shall be sent to the next senior Officer of the Company Division, for the time being, who shall act instead of the Captain during such absence.
a corrected roll, in duplicate, of the names of all the men in the different classes resident within the Company Division, specifying separately those who are seamen or sailors, or persons engaged in or upon any steam or sailing craft upon the lakes or waters of the Dominion, those who are bonâ ﬁde enrolled members of any Company of Volunteer Militia, and those who, after the day on which this Act shall come into force, shall have completed such a term of service in the Militia as will by law exempt them until they are again required in their turn to serve:
but if from any cause the duties prescribed by this section cannot in any particular case be carried into effect within the time specified, a special Report of the facts relating to the delay shall made to the Adjutant-General, who shall without delay ﬁx another period within which the enrolment shall be completed and the rolls be forwarded;
(3) The enrolment shall be held to be an embodiment of all the militiamen enrolled, and shall render them liable to serve under the provisions of this Act, unless exempt by law.
17. The following persons only, between the ages of eighteen and sixty years, shall be exempt from enrolment, and from serving at from actual service at any time:
(2) And the following, though enrolled, shall be exempt from actual service at any time except in case of war, invasion or insurrection:
upon such conditions and under such regulations as the Governor in Council may, from time to time, prescribe;
(3) No person shall have the beneﬁt of exemption, unless he has, at least one month before he claims such beneﬁt, ﬁled with the Captain of the Company Division within the limits whereof he resides, his Affidavit made before some Magistrate (or affirmation in cases where persons are allowed to affirm) of the facts on which he rests his claim;
(4) Whenever exemption is claimed, whether on the ground of age or otherwise, the burden of proof shall be upon the claimant;
(5) Exemption shall not prevent any person from serving if he desires it and is not disabled by bodily inﬁrmity.
18. The Active Militia Force shall consist of Troops of Cavalry, Field Batteries of Artillery, Companies of Mounted Infantry, Companies of Engineers, Brigades and Batteries of Ganison Artillery, Battalions and Companies of Infantry, and Naval and Marine Corps, in such proportions as Her Majesty shall appoint; and the strength of each such Troop, Battery, Battalion, Company or Corps, shall be regulated, and officers appointed thereto, from time to time, by Her Majesty;
(2) Her Majesty may make regulations for the enrolment of such horses as may be necessary for the purposes of Field Batteries of Artillery and Troops of Cavalry;
(3) A military train, and a medical staff, as well as commissariat, hospital and ambulance Corps, may be formed whenever the exigencies of the service may require the same, at such places and in such manner, and of such strength, including the proper Officers, as Her Majesty may direct.
19. Every Active Militiaman shall sign a service Roll in which the conditions of his service shall be stated; and every Officer of Militia, on appointment, and every non-commissioned ofﬁcer and man, on enrolment, shall take the oath following:
“l, A. B., do sincerely promise and swear that I will be faithful and bear true allegiance to Her Majesty.”
Which oath may be administered by the Commanding Officer of the Corps, he having previously taken the oath before a Justice of the Peace.
20. Her Majesty may accept the services of Corps of Volunteers, under such regulations as may from time to time be made.
21. Any Volunteer Corps may enter into any articles of engagement and make Regulations not inconsistent with this Act, to be approved by Her Majesty; but the Commanding Oﬁcers of all Corps of Volunteer Militia shall be responsible that their Corps respectively are kept up to the full strength; and in the event of failure of any Corps to maintain such complement of men for each respectively as Her Majesty may consider necessary for its efficiency or of any Corps becoming ineﬁcient, Her Majesty may disband such Corps; and may also disband any Corps of Volnnteer Militia if considered necessary to do so.
and the Active Militiamen taken, or accepted, and enrolled for service, from time to time, in any Company or Regimental Division, shall be attached or appointed to such Companies, Corps, or Battalions of the Active Militia as Her Majesty may order:
and when Companies of Regular Militiainen are taken or balloted in any Regimental Division, they shall be called the Service Companies thereof;
(3) When by reason of death or removal, vacancies occur in any Service Company of Militia organized under this Act, such vacancies shall be filled by other men to be drawn from the Reserve Militia, in the same manner as the men for that Corps were originally supplied.
but at no time shall more than one son belonging to the same family residing in the same house, if there be more than one inscribed on the Militia Roll, be drawn, unless the number of names so inscribed be insufficient to complete the required proportion of service men:
and the man shall, on completing his full period of service, be entitled to the same exemption in his Company Division, as though he had served with men raised therein for the same period.
24. When any Company Division shall have furnished more men than its quota, as compared with other Company Divisions in the same Regimental Division, such Company Division shall not again be called upon in time of peace for more men, until the other Compan Divisions have supplied men to equalize the proportion for each, according to the number of names inscribed on the Militia Rolls thereof respectively.
but, if during any period of service, any man who is serving in the active Militia as a substitute for another, shall become liable to service in his own person, he shall be taken for such service, and his place as substitute shall be supplied by the Militiaman in whose stead he was serving.
26. Any Active Militiaman who may, during any period of service, attain the age of thirty years or forty-ﬁve years, accordin to his class, shall notwithstanding be required to complete the full period for which he volunteered or was balloted to serve.
and the said sums, and the value of such lodging, if not furnished by the Municipality, may be recovered‘ from it by the Officer Commanding the Corps, in his own name, and when received or recovered shall be paid over to the Officers and men entitled thereto.
28. There shall be appointed an Adjutant General of Militia for the Dominion of Canada, who shall be a person educated to the military profession, and who has attained the rank of Field Officer in Her Majesty’s regular army:
(2) The Adjutant General shall have the rank of Colonel in the Militia, and shall be charged, under the orders of Her Majesty, with the military command and discipline of the Militia, and shall be paid at the rate of three thousand dollars per annum;
(3) The Governor in Council shall, from time to time, make such orders as may be necessary, respecting the duties to be performed by the Adjutant General of Militia, and by the Officers of the Militia generally.
29. There shall be a Deputy Adjutant General of Militia at Head Quarters, who shall have the rank of Lieutenant Colonel in the Militia; and who shall be paid at the rate of two thousand two hundred and forty dollars per annum:
and he shall be paid at the rate of one thousand two hundred dollars per annum.
and the salaries of such Officers shall be ﬁxed by the Governor in Council.
31. Commissions of Officers in the Militia shall be granted by Her Majesty during pleasure, and all non-commissioned oﬂicers in the Militia shall be appointed by the Officer commanding the Corps or Battalion to which they belong, and shall hold their rank during pleasure:
(2) Commissions of officers in the Militia, except the Adjutant General and Deputy Adjutants General, need not be enregistered at full length, but a record of them shall be kept in the Office of the Adjutant General.
but no Officer from the retired list shall be bound to serve in the Militia in a lower grade than that of his retired rank.
and may order the assembling of such Boards, as often as may be expedient; and may dispense with the conditions of this section in the case of men who have served as Officers or non commissioned Officers in Her Majesty’s regular army:
but Officers at the time when this Act shall come into force, holding the rank of Colonel, shall retain the same;
(3) Her Majesty may, however, when the Militia is called out, and the exigencies of the service so require, appoint therein Colonels and other Officers of superior rank, in no case to exceed that of Major General.
34. Her Majesty may appoint Staff Oﬁcers of the Militia with such rank as from time to time may be found requisite or necessary for the efficiency of the Militia service; and such Staff Officers shall have such rank and authority in the Militia as are held relatively in Her Majesty’s: service, and their duties shall be such as may from time to time be prescribed.
provided that no Officer whose rank is provisional only shall under any circumstances command an Officer of the same grade whose rank is substantive.
36. Officers of Her Majesty’s Regular Army shall always be reckoned senior to Militia Officers of the same rank, whatever be the dates of their respective Commissions;—and Colonels appointed by Commission signed by the Commander of Her Majesty's Regular Forces in Canada, shall command Colonels of Militia, whatever be the dates of their respective Commissions.
and a certiﬁcate, under the hand of the Commanding Officer of any such Corps, shall be suﬁcient evidence of the service in his Corps of any Officer, non-commissioned officer or man.
38. The arms and accoutrernents of the Officers and men of the Active Militia shall be such as Her Majesty shall from time to time direct; and no such arms and accoutrements of the men shall be left in their possession except by special authority.
but nothing herein contained shall prevent the re-supplying of clothing within the period aforesaid in special cases.
and no Arms or Accoutrements shall be taken or removed from any such public armoury, or from the care of such Commanding Officer, except under such regulations as may be made in respect to the same by Her Majesty.
and he shall be entitled to quittance by certiﬁcate and to see it recorded in the books of his corps on returning such articles.
43. No Corps of the Active Militia, and no non-commissioned ofﬁcer or private shall at any time appear in uniform or armed or accoutred, except when on duty or bonâ ﬁde at parade or drill or at target practice, or at Reviews or on Field-days or Inspections, or by order of the Commanding Officer.
but in any Regimental Division where, in proportion to the number of names inscribed on the Militia Rolls, as compared with other Regimental Divisions, Volunteers are organized and perform the regulated drills for Volunteers, Her Majesty may dispense with the annual and drill of such a number of Regular Militia as, with the Volunteers, are in excess of the quota which would otherwise be required in that Regimental Division.
and the non-commissioned officers and privates of mounted Corps, shall receive for each day’s drill of three hours, seventy-ﬁve cents for each horse that has taken part in such drill.
and the non-commissioned officers and privates of mounted Corps, shall receive for each day’s drill of three hours, seventy-tive cents for each horse that has taken part in such drill.
and for each day’s drill every Officer and Man shall receive fifty cents.
48. Payments for drill, shall be made only upon proof of compliance with such regulations touching such drill, and the efficiency of the several Corps, as Her Majesty may order; and any officer, non-commissioned officer or private, absent from drill, shall forfeit his pay therefor.
and may award such remuneration therefor as the Governor in Council may order.
50. Such of the Officers and men of any Corps of the Active Militia as reside within two miles of the place appointed for drill, may assemble or be ordered out by the officer commanding it for drill or exercise, at other times than when performing the annual drills, under regulations to be approved by Her Majesty, and without receiving any pay therefor.
and Her Majesty may also dispense with the formation, or drill and training, of service Companies of the Regular Militia in remote portions of Districts.
52. The several Corps of the Active Militia shall be subject to such inspections, from time to time, as Her Majesty may direct.
and all such Ranges shall be subject to inspection and approval before being used, and the owners of private property shall be compensated for any damage that may accrue to their respective properties from the use of any such Riﬂe Range.
54. The Governor in Council may, from time to time, make regulations relating to the conditions upon which Government aid shall be granted towards the construction, by the local authorities, of Drill Sheds and armouries, in any Regimental Division, and the use thereof by the militia.
and all necessary Rules and Regulations, as to the terms upon which such instruction may be compensated for, and generally for the advancement of Military Education amougst the Officers and Candidates for Commissions as aforesaid, may be made by the Governor in Council.
56. Her Majesty shall, from time to time, from among the applicants for such purpose, select such persons in each Province of the Dominion as may be ﬁt to attend such schools of Military Instruction, and if necessary remove
and every person who shall enter upon the course of Military Instruction as hereinbefore provided, shall thereupon and thenceforth, and for the period prescribed in such regulations, upon his signing a Roll of Entry for such instruction, be subject to the Queen’s Rules and Regulations, the Mutiny Act and the Rules and Articles of War, and to such other Orders, Rules and Regulations, of whatever nature or kind, to which Her Majesty’s Troops are subject.
be subject to the Queen’s Rules and Regulations, the Mutiny Act and the Rules and Articles of War, and to such other Orders, Rules and Regulations, of whatever nature or kind to which Her Majesty’s Troops are subject.
but such Associations or Companies shall not be provided with any clothing or allowance therefor.
59. There shall be furnished to every Normal School, University, College or School in Canada, in which there shall be instituted classes of instruction in Military Drill and Exercises under regulations prescribed by Her Majesty, arms and accoutrements necessary for the instruction of the pupils thereof over the age of twelve years.
60. The Officer commanding any Military District or Division, or the Officer commanding any Corps of Active Militia, may, upon any sudden emergency of invasion or insurrection, or imminent danger of either, call out the whole or any part of the Militia within his command, until the pleasure of Her Majesty is known, and the Militia so called out by their Commanding Oﬂicer shall immediately obey all such orders as he may give, and march to such place within or without the District or Division as he may direct.
and the Militiamen, when so called out for actual service, shall continue to serve for at least one year from the date of their being called out for actual service, if required so to do, or for any other period which Her Majesty may appoint:
(2) Her Majesty may, from time to time, direct the furnishing by any Regimental Division, of such number of Militiamen as may required either for reliefs, or to fill vacancies in Corps on actual service;
(3) Whenever the Militia or any part thereof are called out for actual service by reason of war, invasion, or insurrection, Her Magesty may place them under the orders of the Commander of Her Regular Forces in Canada.
but Her Majesty may, in eases of unavoidable necessity (of which necessity Her Majesty shall be the sole judge), call upon any Militiaman to continue to serve beyond his period of general service, or voluntary engagement, or beyond his one year’s service in the ﬁeld, for any period not exceeding six months.
63. Whenever the Militia or any part, or Corps thereof, shall be called out for actual service, the Officers, non-commissioned officers and men so called out shall be paid at such rates of daily pay as are paid to Officers, non-commissioned officers and men of the relative and corresponding grade in Her Majesty’s Service, or such other rates as may for the time being be ﬁxed by the Governor in Council.
and any Officer, non-commissioned officer or private of the Militia may be tried for the crime of desertion at any time, without reference to the length of time which may have elapsed since his desertion.
and it shall be the duty of the Lieutenant-Colonel or other Officer commanding any battalion of Active Militia, and under him especially of the Adjutant, to see that the Company Rolls above referred to are properly made out, and corrected from time to time by the Captains or other Officers commanding companies in such Battalion, and to report such Officers as fail to perform their duty in this respect.
66. Each Militiaman called out for actual service shall attend at such time and place as may be required by the Officer commanding him, with any arms, accoutrements, ammunition and equipment he has received, and with such provisions as such officer may direct.
67. Any Militiaman who when called out for actual service, shall without leave absent himself from his Corps, for a longer period than seven days, may be tried by Militia Court Martial as a deserter.
68. When any Officer or man is killed in actual service, of dies from wounds or disease contracted on actual service, provision shall be made for his wife and family out of the public funds:
(2) And all cases of permanent disability, arising from injuries received or illness contracted on actual service, shall be reported on by a Medical Board, and compensation awarded, under such regulations as may be made from time to time by the Governor in Council; and any medical practitioner who shall sign a false certificate in any such case, shall incur a penalty of four hundred dollars.
69. The Governor in Council may make regulations for the billeting and cantoning of Troops and Militia when on active service, for the furnishing of carriages, horses and other conveyance for their transport and use, and for adequate compensation therefor; and may by such regulations impose ﬁnes not exceeding twenty dollars, and imprisonment in cases of default of payment of such ﬁnes.
70. Any person lawfully required under this Act, or by any regulation made under the authority thereof, to furnish any railway car or engine, boat or other craft, for the conveyance or use of any Troops or Militia, who neglects or refuses to furnish the same, shal thereby incur a penalty not exceeding four hundred dollars for each such offence.
71. Nothing in this Act contained or in any regulations made under the authority thereof shall be construed to authorize the quartering or billeting of any Troops or Militia, either on a march or in cantonment, in any Convent or Nunnery of any Religious Order of Females, or to oblige an such Religious Order to receive such Troops or Militia, or to garnish them with lodging or house room.
but no Officer of Her Majesty’s regular army on full pay shall sit on any Militia Court Martial.
73. The reglations for the composition of Militia Courts of Enquiry and Courts Martial, and the modes of procedure and powers thereof, shall be the same as the regulations which may at the time be in force for the composition, modes of procedure and powers, of Courts of Enquiry and Courts Martial or Her Majesty’s regular army, and which are not inconsistent with this Act; and the pay and allowances of Officers and others attending such Courts may be ﬁxed by the Governor in Council.
74. No Militia Officer or Militiaman shall be sentenced to death by any Court Martial except for mutiny, desertion to the enemy, or traitorously delivering up to the enemy any garrison, fortress, post or guard, or traitorous correspondence with the enemy;—and no sentence of any General Court Martial shall be carried into efect until approved by Her Majesty.
and any person making an Affidavit or Declaration required in and by this Act, or by any regulation made under the authority thereof, and swearing or declaring falsely therein, shall be guilty of perjury.
77. Any person of whom information is required by any Officer, or non-commissioned officer, making any Militia Roll, in order to enable him to comply with the provisions of this Act, refusing to give such information or giving false information, shall forfeit and pay a penalty not exceeding twenty dollars for each item of information demanded of him and falsely stated, and the like sum for each individual name that may be refused, concealed or falsely stated, and every person refusing to give his own name and proper information, when applied to as aforesaid, or giving a false name or information, shall forfeit and pay a penalty not exceeding twenty dollars:
(2) And any Officer or non-commissioned officer of the militia, refusing or neglecting to make any enrolment or ballot or to make or transmit, as herein prescribed, any roll or return, or copy thereof, required by this Act or by any regulation made under the authority thereof, shall incur a penalty, if an Officer, not exceeding fifty dollars, if a non-commissioned ofﬁcer, not exceeding twenty-ﬁve dollars for each offence.
78. Any militiaman, drafted or liable to be drafted for service, who shall refuse or neglect to take the oath hereinbefore prescribed, when tendered to him by a Justice of the Peace or by any Commissioned Officer in command of the Corps to which such militiaman belongs, or in whose District he resides, shall be subject to imprisonment for a period not exceeding six months, and for every subsequent neglect or refusal to take such oath shall be subject to a further imprisonment not exceeding twelve months; and he may on due proof in either case be summarily committed upon the warrant of any two Justices of the Peace.
and any Officer non-commissioned officer or private disobeying any lawful order of his superior Officer, or being guilty of any insolent or disorderly behaviour towards such Officer, shall incur a penalty, if an Officer of twenty dollars, if a non-commissioned ofﬁcer or private of ten dollars for each offence.
and any person charged with any act subjecting him to the penalty imposed by this section may be arrested by order of the Magistrate before whom the complaint is made, upon affidavit shewing that there is reason to believe that such person is about to leave Canada, carrying with him any such arms, accoutrements or articles.
82. Any Officer, non-commissioned officer or private of the Militia who, when his Corps is lawfully called upon to act in aid of the civil power refuses or neglects to go out with such Corps, or to obey any lawful order ofhis superior Oﬁcer, shall incur a penalty, if an Oﬁcer not exceeding forty dollars, if a non-commissioned officer or private, not exceeding twenty dollars for each offence.
83. Any person who resists any draft of men enrolled under this Act, or counsels or aids any person to resist any such draft, or in the performance of any service in relation thereto, or counsels any drafted man not to appear at the place of rendez-vous, or wilfully dissuades him from the performance of any duty required by law of Militiamen, shall, upon conviction thereof, be subject to a ﬁne of not exceeding one hundred dollars, or to imprisonment not exceeding six months, or to both of the said punishments.
84. Any person who wilfully contravenes any enactment of this Act, shall, when no other penalty is imposed for such contravention, incur a penalty not exceeding twenty dollars for each offence; but this shall not prevent his being indicted and punished for any greater offence if the facts amount to such.
the convicting Justice may commit the person so convicted and making default in payment of such penalty and costs, to the common jail of the territorial division for which the said Justice is then acting, or to some house of correction or lock-up house situate therein, for a period of not more than forty days when the penalty does not exceed twenty dollars, and for a period of not more than sixty days when it exceeds the last mentioned sum.
and no such prosecution shall be commenced after the expiration of six months from the commission of the offence charged,unless it be for unlawfully buying, selling or having in possession arms, accoutrements or other articles delivered to the Militia, or for desertion.
87. Every bond to the Crown entered into before any Judge or Justice the Peace, or officer authorized to take the same, by any person under the authority of this Act, or according to any General Order or Regulations made under it, for the purpose of securing the payment of any sum of money, or the performance of any duty or act hereby required or authorized, shall be valid and may be enforced accordingly.
88. Every sum of money which any person or coporation is under this Act liable to pay or repay to the Crown, is equivalent to the damages done to any arms or other property of the Crown used for Militia purposes, shall be a debt due to the Crown, and may be recovered as such.
and no plaintiff shall recover in any such action if a tender of sufficient amends was made before the action was brought, or if a sufficient sum of money has been paid into Court by the defendant after the action was brought:
(2) But no action or prosecution shall be brought against any Officer or person, for anything purporting to be done under the authority of this Act, until at least one month after notice in the writing of such action or prosecution has been served upon him, or left at his usual place of abode; in which notice the cause of action, and the Court in which it is to be brought, shall be stated, and the name and place of abode of the Attorney endorsed thereon.
90. Every penalty when recovered shall be paid over to the Receiver General: but Her Majesty may remit any penalty incurred under the provisions o this Act.
91. It shall not be necessary that any order or notice under this Act be in writing, unless herein required to be so, provided it be communicated to the person who is to obey or be bound by it, either directly by the ofﬁcer or person making or giving it, or by some other person by his order.
92. All General Orders of Militia, or other Militia Orders issued through or by the Adjutant General, shall be held to be sufficiently notiﬁed to all persons whom they may concern, by their insertion in the Canada Gazette;—and a copy of the said Grazette purporting to contain them shall be evidence of such orders.
93. Every Order made by the Commanding Officer of any Corps of Militia, shall be held to be suﬁciently notiﬁed to all persons whom it may concern by insertion in some newspaper published in the Regimental Division, in which such Corps is situated, or, if there no such newspaper, then by posting a copy thereof on the door of every place of public worship or of some other public place, in each Company Division affccted by such orders.
94. The production of a Commission or appointment, warrant or order in writing, purporting to be granted or made according to the provisions of this Act, shall be primâ facie evidence of such Commission or appointment, warrant or order, without proving the signature or seal thereto, or the authority of the person granting or making such Commission, appointment, warrant or order.
but no sum of money shall be so paid unless it be included in some appropriation made by Parliament; and a detailed account of moneys so expended shall be laid before Parliament during the then next session thereof.
96. The Governor in Council may make regulations relating to anything necessary to be done for the carrying into effect of this Act, and may by such regulations impose ﬁnes not exceeding twenty dollars each an imprisonment in case of default of payment of any such fine.
97. All regulatious made under the authority of this Act shall be published in the Canada Gazette; and when so published, they shall have the force of Law as fully as if they were contained in this Act, of which they shall be deemed to form a part:
(2) All copies of such Regulations printed by the Queen’s Printer shall be evidence of such regulations and of their contents, and every copy purporting to be printed by the Queen's Printer shall be deemed to be so printed, unless the contrary be shown, and shall be judicially noticed by all Judges, Justices of the Peace and others without being specially pleaded;
(3) All Regulations made under this Act, and an annual report of the state of the Militia, shall be laid before Parliament by the Minister of Militia and Defence, within the ﬁrst thirty days of the then next session thereof.
98. The Interpretation Act shall apply to all regulations, orders and articles of engagement lawfully made or entered into under this Act:
(2) The word “Corps” shall, for the purposes of this Act, include any Field Battery, Brigade or Battery of Artillery, Troop of Cavalry, or any Company, Battalion, or Regiment.
99. All Acts or parts of Acts relating to the Militia, in force in either of the Provinces which constitute the Dominion of Canada, repugnant to or inconsistent with the provisions of this Act, are hereby repealed.
100. This Act shall come into force on the First day of October next, or on such earlier day as may be appointed for that purpose in a Proclamation to be issued by the Governor General.