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Imprison

tentiary.

137. Any prisoner sentenced for any term by any military, ment in peni- naval or militia court martial, or by any military or naval authority under this or any Military Act, may be sentenced to imprisonment in a penitentiary.

Imprisonment in gaol.

Imprisonment in a place specially appointed

Place and time of actions.

General issue.

Tender of amends.

Proviso as to costs.

Notice of action.

Contents of notice.

2. If such prisoner is sentenced to a term less than two years, he may be sentenced to imprisonment in the common gaol of the district, county or place in which the sentence is pronounced, or if there is no common gaol there, then in that common gaol which is nearest to such locality, or in some other lawful prison or place of confinement other than a penitentiary in which imprisonment may be lawfully executed. 55-56 V., c. 29, s. 955.

138. Any officer or man of the Militia sentenced to be imprisoned may, if the Governor in Council by regulation or otherwise directs, be imprisoned in any place specially appointed therefor, instead of in a gaol, prison or penitentiary. 4 E. VII., c. 23, s. 125.

ENFORCING ACT-PROTECTION.

139. Every action against any officer or person, for anything purporting to be done in pursuance of this Act or of any regulation, shall be laid and tried in the judicial district where the act complained of was done, and shall be commenced within six months from the time of the act committed.

2. In any such action the defendant may plead the general issue and give this Act and the special matter in evidence at the trial.

3. 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: Provided that where money is paid into court after action brought and without tender before action the plaintiff may in the discretion of the court recover costs of action down to the time of such payment into court. 4 E. VII., c. 23, s. 122.

140. No action shall be brought against any officer or person for anything purporting to be done in pursuance of this Act, or of any regulation, until at least one month after notice in writing of such action has been served upon him, or left at his usual place of abode.

2. In such 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 claimant and his solicitor shall be endorsed thereon. 4 E. VII., c. 23, s. 123.

Notice of general orders.

ORDERS-NOTIFICATION.

141. All general orders issued to the Militia shall be held sufficiently notified to all persons whom they concern by their insertion in the Canada Gazette. 4 E. VII., c. 23, s. 131. 696

142.

142. Every order made by the commanding officer of any Other orders. corps of the Militia, other than the Permanent Force, shall be held to be sufficiently notified to all persons whom it concerns, by insertion in some newspaper published in the regimental division in which such corps is situated, or, if there is no such newspaper, then by posting a copy thereof in a post office, or in some other public place, in each company division affected by such order. 4 E. VII., c. 23, s. 132.

writing.

143. It shall not be necessary that any order or notice under When in this Act be in writing, unless herein required to be so, if it is 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. 4 E. VII., c. 23, s. 130.

REGULATIONS.

by Governor

144. The Governor in Council may make regulations for Regulations carrying this Act into effect, for the organization, discipline, in Council. efficiency and good government generally of the Militia, and for anything requiring to be done in connection with the military defence of Canada. 4 E. VII., c. 23, s. 126.

145. Such regulations shall be published in the Canada Publication. Gazette; and upon being so published, they shall have the same force in law as if they formed part of this Act. 4 E. VII., c. 23, s. 127.

before Par

146. The regulations shall be laid before both Houses of Laying Parliament within ten days after the publication thereof in the liament. Canada Gazette, if Parliament is then sitting; and, if Parliament is not then sitting, then within ten days after the next meeting thereof. 4 E. VII., c. 23, s. 128.

GENERAL.

alienation of

147. No gift, sale or other alienation, or attempted aliena- Gift, sale tion, by any person, of any money subscribed by or for, or or other otherwise appropriated to the use of any corps, or of any arms, money or ammunition, clothing, equipment, musical instruments or other arms, or things belonging to, or used by any corps, shall be effectual to corps. pass the property therein without the consent of His Majesty. 4 E. VII., c. 23, s. 129.

equipment of

Governor's

148. All sums of money required to defray any expense Payments to authorized by this Act may be paid out of the Consolidated be made by Revenue Fund, upon warrant directed by the Governor General warrant. to the Minister of Finance.

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Parliament.

Account to 2. A detailed account of moneys so expended shall be laid before Parliament during the next session thereof after the same are expended.

vested.

Money to be 3. Except as compensation for injury arising from acts done under the authority of this Act in case of emergency, and except as to pay and allowances for such of the Militia as are called out in aid of the civil power under the provisions of this Act, no sum of money shall be so paid, unless it is included in some appropriation made by Parliament. 4 E. VII., c. 23, s. 135.

OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty.

698

CHAPTER 42.

An Act respecting Pensions to the Permanent Staff and Officers and Men of the Permanent Militia, and for other purposes.

SHORT TITLE.

1. This Act may be cited as the Militia Pension Act. Short title. 1 E. VII., c. 17, s. 1.

INTERPRETATION.

2. In this Act, unless the context otherwise requires,
(a) 'Minister' means the Minister of Militia and Defence;
(b) force' means the officers, non-commissioned officers
and men of the permanent militia corps, and includes the
permanent staff of the militia;

(c) officer' means a commissioned officer of the force, and
includes a warrant officer;

(d) 'permanent staff' includes officers of the headquarters staff, officers of the district staff, and officers in charge of military stores;

(e) 'militiaman'

means a non-commissioned officer or

private of the force;

(f) 'rank' means substantive rank;

(g) service' means service on the force;

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(h) Militia Council' means the Militia Council appointed by the Governor in Council under the Militia Act. 1 E. VII., c. 17, s. 2.

Definitions.

LIMITATION.

3. Nothing in this Act contained shall be deemed to affect Militia the provisions of any rules and regulations made or to be made. regulations. under the Militia Act, respecting gratuities or pensions to militiamen within the meaning of the said Acts, wounded or disabled on active service, or to widows or children of militiamen as aforesaid, who have been killed on active service or who have died from injuries or illness contracted on active service. 1 E. VII., c. 17, s. 25.

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Officers'

pensions,

retired compulsorily.

Voluntarily after twenty-five years.

After thirty

years.

Limit.

Service not continuous.

As to time served in H. M. regular forces.

Service as militiaman reckoned.

Service in Civil Service reckoned.

Deduction reduced.

PENSIONS.

4. An officer who is retired compulsorily, for any cause other than misconduct or inefficiency, after twenty years' service, shall be entitled to a pension for life, not exceeding onefiftieth of the pay and allowances of his rank or permanent appointment at the time of his retirement for each completed year of service.

2. An officer who retires voluntarily after twenty-five years' service shall be entitled to a pension for life, twenty per centum less than he would be entitled to if he were retired compulsorily.

3. An officer who retires voluntarily after thirty-five years' service shall be entitled to the same pension as if he were retired compulsorily.

4. No addition shall be made to such pension for any service beyond thirty-five years.

5. If the service has not been continuous, the period or periods during which such service has been discontinued shall not be counted.

6. Time served in His Majesty's regular forces may be counted in the term of service for pension in the case of an officer transferred to the permanent force in connection with the taking over by the Government of Canada of the garrisons of Halifax and Esquimalt, subject to the provisions hereinafter contained as to deductions from the pension in cases where an officer becomes entitled to a pension and the deduction hereinafter provided for has not been made for as great a number of years as that upon which his pension is based. 1 E. VII., s. 17, s. 3; 6 E. VII., c. 31, s. 1.

5. Subject to the provisions of this Act in respect to the yearly deduction from a pension of five per centum upon average pay, if a person who has served as a non-commissioned officer or private becomes an officer, the time which he has served as such non-commissioned officer or private may be included in his term of service for the purposes of this Act. 1 E. VII., c. 17, s. 3.

6. Time served in the Civil Service as constituted heretofore for the purposes of the Civil Service Superannuation Act, or as constituted for the purpose of Part I. of the Civil Service Superannuation and Retirement Act, which has been reckoned under the Civil Service Superannuation Act, or which would be reckoned under Part I. of the Civil Service Superannuation and Retirement Act, in computing a period of service for the purposes of either of such Acts, may also be included in the term of service of an officer for the purposes of this Act.

2. In such case, the yearly deduction of five per centum upon average pay under this Act from any pension, shall be reduced 700

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