Volunteers exempt from serving as Jurors or Constables. Evidence of service. As to notice 8. The Officers, non-commissioned Officers and men of Volunteer Corps, shall, while they continue such, be exempt from serving as Jurors or Constables; And whenever they have served as such in one or more Volunteer Corps during a term of seven years, such exemption shall continue after the expiration of the said term; and a certificate under the hand of the commanding officer of such Corps shall be sufficient evidence of the service in his Corps of any officer, noncommissioned officer or man for the then current year. 9. The period of time required by the forty-first section of of intention to the first above recited Act to be given of intention to leave any Volunteer Corps, shall be two months in lieu of one month as prescribed by the said section. leave any Corps. Inspection of 10. The several Volunteer Corps shall be subject to inspection from time to time by such person or persons as shall be temporarily appointed by the Commander in Chief for such inspection, and who shall report fully to the Governor on the state of such Corps and their arms and accoutrements and the general efficiency of such force, and shall be reimbursed his or their actual travelling expenses by the Province, and paid therefor at a rate not exceeding four dollars per diem whilst so engaged;' Proviso: as to Provided that such person or persons, to be appointed from time specting Offi- to time for such inspection, shall be an officer or officers (not being under the rank of Field Officer) of Her Majesty's service, and actually serving in this Province, or in case the services of an officer or officers as aforesaid cannot be obtained, then such other person not being under the rank of Field Officer of Militia of this Province, who shall in like manner be reimbursed his actual travelling expenses and paid such remuneration. Rank of In cer. Offices of In ty Adjutant 11. The Commander in Chief may in his discretion amalspecting Offi- gamate the offices of Deputy Adjutant General and Inspecting cer and Depu- Field Officer of Militia in Upper or Lower Canada, in which General may case the salary of the officer performing such amalgamated be amalgama- offices, and who shall be known as Deputy Adjutant General ted: salary in and Inspector of Militia, shall not exceed the sum of two thousand dollars per annum. such case. Uniformity of Volunteer Corps required. 12. The uniform of the several Field Batteries,-of the seveuniform in all ral Troops of Cavalry,-and of the several Rifle Companies-continued under this Act, or hereafter to be organized, shall be of such one and similar colour, pattern and design as may be ordered by the Commander in Chief, at any time after the passing of this Act; provided that but one, and that a similar colour, pattern and design, shall be approved for each of them respectively, the Field Batteries,-Troops of Cavalry,--Rifle Companies,---and Companies of Foot Artillery; and each of such Corps shall conform in all particulars to the order of the Commander in Chief in such respect; provided that the several Corps at present in existence or to be continued in existence under under this Act, may continue to wear their present clothing until the same shall require to be replaced, and it shall be the duty of the Superior Officer of the said Corps respectively, to see that the same are, upon any such replacing of clothing, uniformed according to the order of the Commander in Chief in such respect. neral may be 13. From and after the thirtieth day of June next, the forty- Any number eighth and forty-ninth sections of the first above recited Act are of Assistant hereby repealed; but the Commander in Chief may from time Adjutants Geto time appoint so many Assistant Adjutants General, with such appointed-duties as he may think proper or expedient, but no pay or allow- but without ances shall be made to them in respect of such appointment. GENERAL PROVISIONS. pay. 14. No Adjutant General of Militia shall be appointed Adjutant Geexcept in case of war or any emergency, such as may, in the opi- neral to be apnion of the Governor General, renderit necessary or expedient that in cases of pointed only such office should be filled'; and in case of war or any emergency War or Emeras aforesaid, no person shall be appointed to the said office who geney. is not, to the satisfaction of the Commander in Chief, a person educated to the military profession and thoroughly competent to discharge the duties of the said office of Adjutant General; and the duties of the office of Adjutant General during such vacancy shall be performed by the Deputy Adjutants General for Upper and Lower Canada respectively, under orders from time to time of the Commander in Chief, or by such person as may be appointed by the Commander in Chief, on any occasion for the special and temporary discharge of any such duties. any in any loca ment or Bat 15. The Commander in Chief shall have full power to consti- Any number tute any number of Rifle Companies of the Active Militia at of Rifle Corps one locality or within any one district, not being less than lity may be six or more than ten Companies, into a Regiment or Battalion, constituted. and to assign or appoint thereto by commission, a Lieutenant- into a RegiColonel, two Majors, one Adjutant, one Pay-Master, one Quarter- talion, &c. Master, one Surgeon and one Assistant Surgeon whose rank and authority therein shall be the same as in the relative positions in Her Majesty's service, and such Regiment or Battalion shall be subject, in so far as the same are not inconsistent with the provisions of the Militia Laws of this Province, to the Queen's Regulations for the Army published by authority; and any such Lieutenant-Colonel shall have authority to appoint Staff Sergeants for any Battalion. 16. The Commander in Chief shall have full power to Appointment appoint Staff Officers of the Active Militia with such rank as of Staff Offihe shall from time to time think requisite or necessary for cers and their the efficiency of the Militia service, and all such appointinents as have been heretofore made by him are hereby confirmed, and any such Staff Officers shall have such rank and authority in rank. the Unlawfully retaining moing to militia neys belong men to be a the Militia as are held relatively in Her Majesty's service, and their duties shall be the same for the Militia as prescribed for the Army by the Queen's Regulations aforesaid. 17. Any Officer or Commissioned Officer of Militia of this Province, heretofore appointed or who may hereafter be appointed to the Active Force, or to the Sedentary Militia, and who may obtain under false pretences or who may retain or misdemeanor. keep in his own possession, with intent to apply to his own use or benefit, any of the pay or moneys belonging to any noncommissioned officer or private of any Corps, shall be guilty of a misdemeanor, and shall be dismissed from the said Militia Force. Annual Mus 18. Notwithstanding any thing contained in the sixth secter day in Up- tion of the Act first above cited, it shall be lawful for the Comper Canada, may be on the mander in Chief, at his discretion, but on the application of the Commandant of any Military District in Upper Canada, to direct that the annual Muster day may, in such District, be on the twenty-ninth day of June. 29th June. False swear 19. Any person making an Affidavit or Declaration required ing to be per- in and by this Act, and who shall swear or declare falsely therein, jury. shall be guilty of perjury. Interpretation clause. Inconsistent enactments repealed. Proviso as to liabilities in curred before this Act. Preamble. INTERPRETATION. 20. The word "Corps" shall, for the purposes of this Act, include any Field Battery, Troop of Cavalry, Foot Company of Artillery or Rifle Company, or any Battalion or Regiment. 21. All parts of the said Acts made permanent by this Act and inconsistent herewith, are hereby repealed: Provided always, That nothing herein shall be construed to relieve the Officers or men of the said Volunteer or Active Force, of any liability in respect to the Arms and Accoutrements thereof, delivered to the custody, care or possession of any of them,- or in any other respect,---under such parts of the said Acts as may be hereby repealed, but that any proceedings thereto relating shall be brought within twelve months after the discovery of any breach of the provisions thereof. CAP. XIX. An Act to consolidate and amend the several laws regulating the Navigation of the Waters of Canada, and providing for the security of person and property thereon. FOR [Assented to 4th May, 1859.] OR the greater security of life and property in Vessels navigating the Canadian waters: Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: NAVIGATION NAVIGATION-LIGHTS AND FOG SIGNALS. Lights for Steam Vessels. 1. All Steam Vessels, when under Steam, shall, between Lights when sunset and sunrise, exhibit the following Lights: 1. A bright White Light at the Mast Head, or, if the Vessel have more than one Mast, then at the Foremast Head; A Green Light on the Starboard side; A Red Light on the Port side; under way. cribed. 2. The Mast-head Light shall be so constructed as to be Mast-head visible on a dark night, with a clear atmosphere, at a distance Lights desof at least five miles, and shall show an uniform and unbroken light over an arc of the horizon of twenty points of the compass, and it shall be so fixed as to throw the light ten points on each side of the ship, viz., from right ahead to two points abaft the beam on either side e; 3. The Green Light on the Starboard side and the Red Light Side Lights on the Port side shall be so constructed as to be visible on a described. dark night, with a clear atmosphere, at a distance of at least two miles, and show an uniform and unbroken light over an are of the horizon of ten points of the compass, and they shall be so fixed as to throw the light from right ahead to two points abaft the beam on the Starboard and on the Port sides respectively; have screens. 4. The side Lights are to be fitted with inboard screens pro- Side Lights to jecting at least three feet forward from the light, so as to prevent the lights from being seen across the bow; 5. Steam Vessels, under Sail only, are not to carry their mast- Steamers unhead Light. der sail only. Fog Signals for Steam Vessels. 2. All Steam Vessels, whether propelled by paddles or Signals in screws, when their steam is up, and when under way, shall in case of fog. all cases of Fog use as a Fog Signal a Steam Whistle placed before the Funnel at not less than eight feet from the deck, which shall be sounded once at least every five minutes; but when the steam is not up, they shall use a Fog Horn or Bell, as ordered for Sailing Vessels. Lights for Sailing Vessels. 3. 1. All Sailing Vessels when under-way or being towed Lights when shall, between sunset and sunrise, exhibit a Green Light on the under-way. Starboard Coloured Lights to be fixed if practicable. If not fixed. Signals in case of fog. Lights. Lights when at anchor. Lights on 22 VICT. Starboard side and a Red Light on the Port side of the vessel, and such Lights shall be so constructed as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles, and shall show an uniform and unbroken light over an arc of the horizon of ten points of the compass, from right ahead to two points abaft the beam on the Starboard and on the Port sides respectively; 2. The Coloured Lights shall be fixed whenever it is practicable so to exhibit them; and shall be fitted with inboard screens projecting at least three feet forward from the Light, so as to prevent the Lights being seen across the bow v; 3. When the Coloured Lights cannot be fixed (as in the case of small vessels in bad weather), they shall be kept on deck between sunset and sunrise, and on their proper sides of the vessel, ready for instant exhibition, and shall be exhibited in such a manner as can be best seen on the approach of, or to, any other vessel or vessels, in sufficient time to avoid collision, and so that the Green Light shall not be seen on the Port side, nor the Red Light on the Starboard side. Fog Signals for Sailing Vessels. 4. All Sailing Vessels, when under-way, shall, in all cases of Fog, use, when on the Starboard Tack, a Fog Horn, and when on the Port Tack shall Ring a Bell. These signals shall be sounded once at least every five minutes. Pilot Vessels. 5. Sailing Pilot Vessels are to carry only a White Light at the Mast-head, and are to exhibit a Flare-up Light every fifteen minutes, observing also any Trinity House regulation not inconsistent with this Act. Vessels at Anchor. 6. All Vessels when at anchor, shall, between sunset and sunrise, exhibit, where it can best be seen, but at a height not exceeding twenty feet above the hull, a White Light in a Globular Lantern of eight inches in diameter, and so constructed as to show a clear, uniform, and unbroken light all round the horizon, at a distance of at least one mile. Rafts. 7. The owner or conductor of every Raft shall have a bright fire kept burning thereon from sunset to sunrise, while drifting or at anchor on any navigable water. NAVIGATION |