ARTICLE V

nt deux années.

ae CRT Re os RERÈRE = Statué et ordoné par la susdite autorité, et passé en Conseil sous le Seau public de la Province, en la chambre du Conseil, au Château St. Louis, en la ville de Québec, le vingt-troisième jour d’Avril, dans la vingt-septième année du règne de sa Majesté GEORGES TROIS, par la Grâce de Dieu, Roi de la Grande Bretagne, de France et d'’Irlande, défenseur de la foi, &c. &c. &c et dans l'année de Notre Seigneur, mil sept cens quatre-vingt-sept.

Par ordre de son Excellence, (signé) J. WILLIAMS, G<C.

Traduit par ordre de Son Excellence, F. J. Cugnet, SF.

ET

z Loi de la Milice, Haut-Canada, 1808 () (Extrait)

An Act to explain, amend and reduce to one Act of Parliament, the several Laws now in being for the RAISING and TRAINING the MILITIA of this Provinee.

[Passed 1fth March, 1808.)

VIIL — AND be it further enacted by the authority aforesaid, That in time of War, rebellion, or any other pressing exigency, it shall and may be lawful for the Governor, Lieutenant Governor, or Person administering the Government, to call forth any of the different Companies of the Militia, and to march them from their respective Counties or Ridings, Towns, Townships, or Parishes, to any part of this Province, there to serve in conjunction with the other Militia, or with His Majesty’s forces, and

ing 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 His 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. Provided always, That no part of the Militia called forth in the manner aforesaid, shall be obliged to continue in actual service for more than six months at one time, and no Militia-man shall be so called out who shall be above the age cf fifty years, unless that the whole of the Militia of any District or Battalion to which he may belong shall be called out and embodied. Provided also, That it shall not be lawfui to order the Militia or any part thereof, to march out of this Province, except for the assistance of the Province of Lower Canada, (when the same shall be actually invaded or in a state of insurrection,) ur except in pursuit of an enemy who may have invaded this Province, and except also, for the destruction of any vessel or vessels built or building, °r any depot or magazine, formed or forming, or for the attack of any enemy who may be embodying or marching for the purpose of invading this Province, or for the attack of any fortification now erected,or which may be hereafter erected, to cover the invasion thercof.

Ordonnance du Conseil Spécial, Bas-Canada, 1838 (2) (Extraits)

An Ordinance te pravide for the better defence of this Province, and to regulate the Militia thereof.

WHEREAS it is expedient to provide by Law, for the Co-operation of the effective male population of this Province for its defence in case of War, Invasion, Insurrection, or of the imminent danger thereof, and for the greater security of public order and tranquillity in time of Peace:— Be it therefore Ordained and Enacted by His Excellency the Administrator of the Government of the said Province, authorized to execute the Commission of the Governor thercof, by and with the advice and consent of the Special Council for the affairs of the said Province, constituted and assembled, by virtue of and under the authority of an Act of the Parliament of the

(1) Statutes of Upper Canada, 48 Geo. III, chap. 1.

(2) Provincial Ordinances of Lower Canada — Ordonnances provincisles du Bas Ca. nada, — 1 Vict. cap. XXII,

United Kingdom of Great Britain and Ireland passed in the first year of the Reign of Her present Majesty, intituled, “An Aet to make temporary provision for the Government of Lower Canada;—And it Is hereby Ordained and Enacted by the authority aforesaid, that every able bodied male inhabitant of this Province, abave eighteen Years and under sixty years of age, being a British subject, and having resided in the Province more than six months, and not being in Her Majesty’s Naval or Military service, or actually serving or enrolled for service in the Volunteer force of this Prov'nce, shall be liable to serve as a Militiaman for the defence of the Province, and of the public order and tranquillity thercof, unless he be specially exempt from such service by Law.