Dated at this day of 19 What requisition must show. Officers and special con stables. Warden, etc. (or as the case may be) or J. P. 4 E. VII., c. 23, s. 83. J. P. J. P. 87. In every such requisition in writing, as aforesaid, it shall be stated that a riot, or disturbance, has occurred, or is anticipated, and that the service of the Active Militia is required in aid of the civil power. 4 E. VII., c. 23, s. 84. 88. The officers and men of such Active Militia when so men shall be called out, shall, without any further or other appointement, and without taking any oath of office, be special constables, and shall be held to act as such so long as they remain so called out; but they shall act only as a military body, and shall be individually liable to obey only the orders of their Militia superior officer. Duty. Payment by for service. 2. Every officer and man of such Active Militia or such portion thereof, shall, at all times when and while so called out, obey the orders of his superior officer. 4 E. VII., c. 23, s. 85. 89. When any of the Militia are so called out in aid of the municipality civil power, the municipality in which their services are required shall pay them, when so employed, the rates authorized to be paid for active service to such officers and one dollar per diem for each man, and one dollar and fifty cents per diem for each horse actually and necessarily used by them, together with an allowance of one dollar to each officer and fifty cents to each man per diem in lieu of subsistence, and fifty cents per diem in lieu of forage for each horse, and, in addition, shall pay the cost of transport and provide them with proper lodging, and with stabling for their horses. Transport, lodging and stabling. Recovery of pay. As to ade vances by 2. The said pay and allowances for subsistence and forage and the cost of transport, and the cost or value of lodging and stabling, unless furnished in kind by the municipality, may be recovered from it by His Majesty in any court of competent jurisdiction. 4 E. VII., c. 23, s. 86. 90. Such pay and allowances of such of the Militia as are Government. called out, together with the reasonable cost of transport, shall, pending payment by the municipality, be advanced in the first instance out of the Consolidated Revenue Fund by authority of the Governor in Council; but such advance shall not interfere with the liability of the municipality, for such pay, allowances and cost of transport which may be at once recovered as a debt due to the Crown by the municipality. 4 E. VII., c. 23, s. 87. BILLETING OF THF MILITIA. 91. The Governor in Council may make regulations for Regulations. the quartering, billeting, and cantoning of the Militia, and may, by such regulations, impose penalties, not exceeding fifty dollars, for any breach thereof. 4 E. VII., c. 23, s. 88. females 92. Nothing in this Act or the regulations shall authorize Militia not to be quartered the quartering or billeting of the Militia, or any part thereof, houses in any house occupied solely by females, or oblige the occupiers occupied by of any such house to receive the Militia, or any part thereof, solely. or to furnish them with lodging or house room. 4 E. VII., c. 23, s. 89. TRANSPORT. for trans 93. The Governor in Council may make regulations requir- Regulations ing any person in whom any railway, tramway, boat, barge, port. scow, or steamship or other vessel, or any wagon, carriage or pack animal is vested, or any employee of any such person, to convey to and from any point or place, any portion of the Militia, together with such of their horses, guns, ammunition, forage, baggage and stores, as may be required to be carried or conveyed; and such person or employee shall thereupon provide Compliance compulsory. the necessary engines, carriages, trucks and rolling stock, boat, barge, scow, steamship, or other vessel, or pack animals, together with the persons and materials necessary for their use, within a reasonable time before such order is to be complied with. 4 E. VII., c. 23, s. 90. 94. The rates of hire or recompense for the transport of Recompense. Militia, or any portion thereof, and their horses, guns, ammunition, forage, baggage and stores, shall be fixed by the Governor in Council. 4 E. VII., c. 23, s. 92. possession of 95. When the Governor in Council declares that an emer- Government gency has arisen in which it is expedient for the public service may take that the Government should have control of the railways in railways on Canada, or any of them, the Minister may, by warrant under emergency. his hand, empower any person or persons named in such warrant to take possession, in the name or on behalf of His Majesty, of any railway in Canada, and of the plant belonging thereto, or of any part thereof, or to take possession of any plant without taking possession of the railway itself, and to use it for His Majesty's service at such times and in such manner as the Minister directs; and the directors, officers and servants of Minister such railway shall obey the directions of the Minister as to the use of the railway or plant as aforesaid for His Majesty's service. directs use. 2. Any such warrant granted by the Minister shall remain Duration of in force so long as, in the opinion of the Minister, the em- control. ergency exists. 4 E. VII., c. 23, s. 93. Compensation to owners. Saving as to existing contracts. Courts of inquiry. Courts martial. Composition of courts. Remuneration. Attendance of witnesses. 96. There shall be paid to any person whose railway or plant is taken possession of in pursuance of this Act, out of moneys to be provided by Parliament, such full compensation, for any loss or injury he sustains by the exercise of the powers of the Minister under the last preceding section, as is agreed upon between the Minister and the said person, or, in case of difference, as is fixed upon reference to the Exchequer Court of Canada. 4 E. VII., c. 23, s. 94. 97. Where any railway or plant is taken possession of in the name or on behalf of His Majesty in pursuance of this Act, all contracts and engagements between the person whose railway is so taken possession of and the directors, officers and servants of such person, or between such person and any other person, in relation to the working or maintenance of the railway, or in relation to the supply or working of the plant of the railway, which would, if such possession had not been taken, have been enforceable by or against the said person, shall, during the continuance of such possession, be enforceable by or against the Government of Canada. 4 E. VII., c. 23, s. 95. COURTS OF INQUIRY AND COURTS MARTIAL. 98. The Governor in Council may convene courts of inquiry, and appoint officers of the Militia to constitute such courts, for the purpose of investigating and reporting on any matter connected with the government or discipline of the Militia, or with the conduct of any officer or man of the force; and may, at any time, convene courts martial and delegate power to convene such courts, and to appoint officers to constitute them, for the purpose of trying any officer or man of the Militia for any offence under this Act, or for the purpose of trying any other person punishable under this Act, and may also delegate power to approve, confirm, mitigate or remit any sentence of any such court. 4 E. VII., c. 23, s. 96. 99. The regulations for the composition of courts of inquiry and courts martial, and the modes of procedure and powers thereof, shall be the same as the regulations which are at the time in force for the composition, modes of procedure and powers of courts of inquiry and courts martial for His Majesty's regular army, and which are not inconsistent with this Act or the regulations made thereunder. 4 E. VII., c. 23, s. 97. 100. The remuneration of persons attending such courts may be fixed by the Governor in Council. 4 E. VII., c. 23, s. 98. 101. Every person required to give evidence before a court martial may in the prescribed manner be summoned, or ordered to attend. 4 E. VII., c. 23, s. 99. 688 102. martial gen 102. If any person, being a citizen or subject of any foreign Courts state or country at peace with His Majesty, is or continues in mar for trial arms against His Majesty, within Canada, or commits any act of foreigners. of hostility therein, or enters Canada with design or intent to levy war against His Majesty, the Governor in Council may order the assembling of a militia general court martial for the trial of such person, under the Militia Act. 2. Upon being found guilty by such court martial of offend- Sentence. ing against the provisions of this section, such person shall be sentenced by such court martial to suffer death, or such other punishment as the court awards. R.S., c. 146, s. 6. eral for trial 103. Every subject of His Majesty, within Canada, who Courts levies war against His Majesty, in company with any of the martial gen. subjects or citizens of any foreign state or country then at peace of subjects. with His Majesty, or enters Canada in company with any such subjects or citizens with intent to levy war on His Majesty, or who, with the design or intent to aid and assist, joins himself to any person or persons whomsoever, whether subjects or aliens, who have entered Canada with design or intent to levy war on His Majesty, may be tried and punished by a militia general court martial, in the same manner as any citizen or subject of a foreign state or country at peace with His Majesty may be tried and punished under the last preceding section. R.S., c. 146, 8. 7. 104. No sentence of any general court martial shall be Sentence carried into effect until approved by the Governor in Council. subject to 4 E. VII., c. 23, s. 101. approval. EVIDENCE. 105. The production of a commission or appointment, war- Proof of com rant or order in writing, purporting to be granted or made missions. according to the provisions of this Act, shall be prima 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 it. 4 E. VII., c. 23, s. 133. 106. A copy of the Canada Gazette purporting to contain Proof of General Orders issued to the Militia shall be evidence of such general orders. 4 E. VII., c. 23, s. 131. orders. property. 107. A record in the books of the corps of any man serving Proof of in the Militia, of his having received and not having returned possession of any articles of public clothing, or other public or corps property, shall be evidence that the same are in his possession. 4 E. VII., c. 23, s. 51. 44 689 OFFENCES Medical prac ing false certificate. OFFENCES AND PENALTIES. 108. Every medical practitioner, who signs a false certifititioner sign cate in respect of any case of permanent disability, arising from injuries received or illness contracted on active service, drill, or training, or on duty, coming before a medical board for report, shall incur a penalty of four hundred dollars. 4 E. VII., c. 23, s. 79. Forging nature of Governor 109. The forging or counterfeiting of any stamped signastamped sig ture of the Governor General, in use for stamping commissions granted or issued under this Act, or the uttering thereof, knowing it to be forged or counterfeited, shall be an indictable offence, punishable in like manner as the forgery of the privy seal or seal-at-arms of the Governor General. 4 E. VII., c. 23, s. 40. Penalty. Leaving Canada with militia property. Claiming pay for drill performed irregularly. Receiving case. 110. Every person who leaves Canada with any article of public clothing or other public or corps property in his possession, is guilty of theft, and may be tried therefor at any time. 4 E. VII., c. 23, s. 51. 111. Any officer who knowingly, (a) claims pay on account of any drills performed with (c) includes in any parade state, or other return, the name is guilty of an indictable offence. 2. Every man who claims, or has received pay on account pay in such of any drill performed in the ranks of any other than his own proper corps, or in more than one corps in any one year is guilty of an indictable offence. 4 E. VII., c. 23, s. 102. Unlawfully retaining pay of others. False returns. Refusing formation or 112. Any officer or man who obtains by means of any false pretense, or who unlawfully retains or keeps in his possession, any of the pay or moneys belonging to any other officer or man, is guilty of an indictable offence. 4 E. VII., c. 23, s. 103. 113. Any officer or man, who knowingly signs a false parade state, roll or pay-list, or any false return whatsoever, is guilty of an indictable offence. 4 E. VII., c. 23, s. 104. 114. Every person of whom information is required by any required in officer making any roll, in order to enable such officer to comply giving false with the provisions of this Act, who when applied to by such officer, information. (a) refuses to give such information; or, (b) gives false information; or, (c) refuses to give his own name and proper information; or, 690 (d) |