No. 1. Ord. No. 4, 1854. Commissions to continue in full force notwithstanding demise of the Crowu. Officers to provide themselves with uniforms. of the said Militia; and to regulate the arms, accoutrements, and dress of the said Militia as he shall think proper: and such dress, when decided on, shall not be altered during the continuance of this Ordinance. IV. That on the demise of the Crown it shall not be necessary for any officer in the said Militia to renew any commission; but all such commissions shall nevertheless continue in full force. V. That every officer appointed to the said Militia shall, within six months after his appointment, at his own cost and charges, provide himself with the proper uniform of the corps to which he may be attached; and no person who shall hereafter accept a commission in the said Militia shall be allowed to resign the same to resign with- without the consent of the President: and the promotion of officers of the Militia within these islands shall be restricted to officers resident at the island at which any vacancy may occur. Officers not out the con sent of the President. Officers of former Militia exempt from any fee for Commission. Who are liable to serve in the said Militia. Exemptions. Men to be chosen by ballot for five years' service. VI. That no officer of the late Militia shall be liable for the payment of fees on any commission which he may accept under this Ordinance, conferring upon him similar rank to that which he previously held in the Militia; and no person who shall have held a commission in any Militia of these islands, and shall not have been dismissed therefrom, shall be compelled to serve in any rank inferior to that conferred upon him by such commission. VII. That every male inhabitant of these islands between the ages of sixteen and fifty years who shall be a British subject, or naturalized as such, and who shall have resided six months within the colony, shall be deemed liable to serve in the Militia of these islands, save and except always the members of both Councils of these islands; all officers of any Court of Law or Equity of these islands; the Colonial Secretary or acting Colonial Secretary of the colony; the Crown Commissioner; all officers of Her Majesty's Customs, or Revenue officers; the Clerk to the Council; all Police and Stipendiary Magistrates; stipendiary constables and gaolers; all clergymen in Holy Orders; all priests of the Church of Rome; all duly recognized ministers of all dissenting congregations; all schoolmasters; students at any public school; all pilots, certified by the port officer to be employed as such; port officers; health officers; and the superintendents or supervisors of any poor-house or hospital. VIII. That the Militia force, in such manner as shall be directed by the President, shall be chosen by ballot for five years; and shall consist of two companies of infantry, and one company of artillery, at Grand Turk; and one company of infantry, and one of artillery at Salt Cay; not to exceed in all one hundred and fifty men, exclusive of officers; and the persons so chosen shall be summoned to appear at a time and place named, to enrol themselves in the Militia of the island or district of which they shall be inhabitants. IX. That it shall be lawful for the President to permit the enrolment of two companies of Volunteers: one at Grand Turk to consist of such number of non-commissioned officers and men as he may deem proper, not exceeding fifty; and another at Salt Cay not exceeding twenty-five; and to form each of the said companies into an infantry and artillery corps, to be officered, armed, accoutred, and dressed (subject nevertheless to the restrictions, regulations, and provisions herein contained in respect of the Militia) as the President may direct and appoint. X. That on every occasion when the Volunteer Corps shall be called out for drill, duty, or parade, the privates of the Volunteer Corps may severally claim to be paid from the colonial Treasury one shilling; and the non-commissioned officers one shilling and threepence, for which amounts the President is hereby authorized, from time to time, to grant his warrants on the Treasury of the colony, in favour of the paymaster of the said Volunteer Corps. XI. That no person volunteering to serve shall be liable to be drawn by ballot during the period he shall so serve as a volunteer, and shall be exempt from future service in the same manner as other persons who, having been drawn, have served during the period required by law. No. 1. Ord. No. 4, 1854. XII. That it shall be lawful for any person chosen by ballot Substitutes may and summoned to appear, to produce some person fit for service for be produced, his substitute whose name is contained in the alphabetical list herein provided for, and who shall be approved of by the commanding officer of the Militia at the island for which such person has been drawn; and such substitute shall be enrolled to serve in the said Militia during the period for which the person so drawn shall be liable to serve therein and every person producing such substitute as hereinbefore provided shall be exempt from service during the said period, and also shall not be liable to be again chosen until the whole of the persons whose names are contained in the general list for the island or district of which he shall be an inhabitant shall have been drawn; and every such substitute, upon the expiration of the term of service of the person in whose stead he was enrolled and served, shall, notwithstanding such enrolment and service, be liable to be chosen at the next ensuing ballot. XIII. That it shall be lawful for the President to cause alpha- Alphabetical betical lists of all persons liable by virtue of this Ordinance to lists to be taken perform Militia duty, to be taken annually at the Turks Islands, annually, and at such other islands within this Presidency as he shall think fit; and the Militia force of such other islands shall consist of such number of men, and shall be formed into such regiments or companies as the President in the Executive Council shall from time to time direct and appoint. XIV. That whenever any such lists shall have been so prepared as aforesaid, the same shall be deposited in the custody of some officers of the said Militia, to be selected for that purpose by the President, and shall be kept by such officers at some convenient place for public inspection. and deposited with Officers to be appointed for their custody for public inspection. Returns how XV. That if any person whose name shall be inserted in any list in pursuance of this Ordinance shall think himself aggrieved corrected. thereby, or by the omission of any other name, it shall be lawful for the President, on complaint made to him, to cause such complaint to be inquired into in such manner as he shall deem proper, and to make such order therein as to him shall seem fit, which order shall be final. XVI. That vacancies in the said Militia arising from death, How vacancies expiration of term of service, or other cause, shall be filled up by to be filled up. ballot for the term of five years from the date of each ballot, from the persons remaining unchosen upon the general lists, or from such other persons who may be, or have become liable to be chosen. XVII. That any person so drawn and summoned as aforesaid, Penalty for negwho shall neglect to enrol himself in obedience to such summons, lecting to enrol. No. 1. Ord. No. 4, 1854. Defaulters, how dealt with. Musters, &c., regulated. No man to appear under arms except by order. President to order Courts Martial. How constituted. Notice of trial. Persons not attending, how punished. shall forfeit and pay the sum of three pounds, to be recovered in a summary way before any one of Her Majesty's Justices of the Peace, or in default of payment, shall be liable for the first offence to be imprisoned for any period not exceeding thirty days, and for any subsequent offence, to any period not exceeding three months. XVIII. That if any such defaulter as aforesaid shall not, within three days after satisfaction of the judgment given, or after his discharge from prison, should he be imprisoned on that account, enrol himself in the said Militia, he shall be again proceeded against as before: And if any non-commissioned officer or private shall remove his residence from one island to another where any Militia shall be embodied, he shall enrol himself in such company of the said Militia as shall be ordered by the officer there commanding, and shall be subjected for any neglect thereof to the same fines and penalties as he would have incurred had he neglected to enrol himself as required under the provisions of this Ordinance. XIX. That it shall be lawful for the President from time to time to regulate by general order the number of general musters or reviews, company musters, or drills, and other duties to be performed by the said Militia; as also all matters relating to the internal economy of the said Militia; and that, except when otherwise directed by the said President, no greater number than twelve private drills shall take place in any one year, and no greater number than two private drills in any one month. XX. That it shall not be lawful for any officer, non-commissioned officer, or private in the said Militia, to appear under arms, except in obedience to any order as aforesaid, under a penalty of one pound for every offence, to be recovered in manner aforesaid. XXI. That for the trial of all offences that may be committed under this Ordinance, and which are not herein otherwise provided for, it shall be lawful for the President to grant commissions for holding General Courts Martial when required, and that every such General Court Martial shall consist of at least one fieldofficer and six other commissioned officers, to be nominated by the President, and summoned by warrant under the hand of the President of such Court at least three days previous to the time appointed for holding the same; and that every Regimental Court Martial shall be convened by the senior field-officer at Grand Turk or Salt Cay, as the case may be, and shall not consist of less than five officers, except in cases where that number cannot conveniently be assembled, when three may be sufficient, which aforesaid Courts shall determine by a majority of votes: And every officer so summoned who shall refuse or omit to attend such general or Regimental Court Martial shall forfeit for every such offence a fine not exceeding ten pounds. XXII. That every person so to be tried by a General Court Martial shall have five days' notice in writing; and by a Regimental Court Martial, two days' notice, as well of the charges to be preferred against him as of the time and place of trial; and if any person so notified shall not appear or send a satisfactory excuse for his absence, or if evidence be given of his secreting or keeping himself out of the way to avoid the service of such notice, he shall stand convicted of the offence in such notice expressed, and shall incur such penalty as the Court would have adjudged had he been tried and convicted. No. 1. Ord. No. 4, 1854. Courts au XXIII. That all General and other Courts Martial constituted by this Ordinance shall have authority, and they are hereby required to administer an oath to every witness examined at the trial of any offences which may be brought before them; and any person taking a false oath, or procuring or suborning any other witness or thorized to person so to do, shall be liable to have an information filed against administer him in the Supreme Court of these islands, and, upon conviction, oaths. shall suffer the like pains and penalties as by law are inflicted upon persons guilty of perjury or subornation of perjury. XXIV. That in all trials by General or other Courts Martial to Form of oaths. be held by virtue of this Ordinance, every member assisting at such trial, before any proceedings be had thereon, shall take the following oaths before the Judge Advocate or his deputy, or (in Regimental Courts Martial) before the clerk appointed by the President of the said Court, who are respectively authorized to administer the same, that is to say :-"You shall well and truly try and determine according to evidence in the matter now before you, "SO HELP YOUR GOD." "I, A. B., do swear that I will duly administer justice according to Ordinance No. 4 of 1854, entitled 'An Ordinance to consolidate and amend the Laws now in force relating to the Militia,' without partiality, favour, or affection: And if any doubts shall arise which are not explained by the said Ordinance, according to my conscience, the best of my understanding, and the customs of war in like cases. And I further swear that I will not divulge the sentence of the Court until it shall be approved of by the President, or other officer duly authorized; neither will I upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the Court Martial, unless required to give evidence thereof by a Court of Justice or a Court Martial, in due course of law, "SO HELP ME GOD." And as soon as the said oaths shall have been administered to the respective members, the President of the Court is hereby authorized and required to administer to the Judge Advocate or the person officiating as clerk an oath in the following words : "I, A. B., do swear that I will not, upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the Court Martial, unless required to give evidence thereof as a witness by a Court of Justice or a Court Martial in due course of law, "SO HELP ME GOD." XXV. That no person whatsoever shall use any menacing or Punishment disrespectful words, signs, or gestures in the presence of any Court for misbehaMartial when sitting, or shall cause any riot or disorder, so as to viour. interrupt their proceedings, on pain of imprisonment, at the discretion of such Court Martial for any period not exceeding ten days. XXVI. That all witnesses duly summoned by the Judge Advo- Witnesses cate or person officiating as such shall, during their necessary free from arattendance on such Courts, and in going to and returning from the rest. No. 1. Ord. No. 4, 1854. Neglect of attendance, how punished. Sentence to be reported before executed. Record of proceedings to be kept. Under whose care all build ings and military equip ments, &c., are to be placed. Misapplication of same, how punished. Abuse of arms, &c., how punished. same, be privileged from arrest in like manner as witnesses attending the Supreme Court are privileged; and if any such witness shall be unduly arrested, he shall be discharged by the Court out of which the writ or process shall issue; and if any such Court be not then sitting, then by any Judge of such Court, upon its being made to appear to such Court or Judge, by affidavit, that such witness was arrested in going to, or returning from, or attending on such Court Martial; and all witnesses so summoned who shall not attend on such Courts Martial shall be liable to be punished by such Court in like manner as if such witness had neglected to attend on a trial in any criminal proceeding in the Supreme Court. XXVII. That no sentence of a General or Regimental Court Martial shall be carried into execution until after the report of the whole proceedings shall have been made to the President, and his directions received thereon. XXVIII. That a record of the proceedings of every such General Court Martial shall be made and kept by the Judge Advocate or his deputy, and be open to the perusal and inspection of the officers of Militia; and a similar record shall be made by the Clerk of every Regimental Court Martial, subject to the perusal and inspection as aforesaid, the same to be kept by the adjutant. XXIX. That all buildings provided for the use of the Militia; and all military equipments, provisions, or stores for the use of the same, shall be under the care and inspection of some person or persons appointed by the President for that purpose. And such person or persons who shall embezzle any money, or fraudulently misapply, or damage any military equipments, provisions, or stores belonging to the Militia force, or be concerned in, or connive at such embezzlement, fraudulent misapplication or damage, may be tried for the same by a General Court Martial, which may adjudge any such offender to be cashiered, and to suffer such other punishment as such Court shall think fit, according to the nature and degree of the offence; and every such offender shall, in addition to any other punishment, make good at his own expense the loss and damage sustained, which shall be ascertained by such Court Martial; and the loss and damage so ascertained shall be recovered in manner hereinafter directed. XXX. That any non-commissioned officer or private of the Militia who shall embezzle, misuse, injure, or negligently lose, or who shall wilfully suffer to be misused or injured any military equipments furnished to him, or shall carry away, or suffer to be carried away from the island on which he may be enrolled, any such military equipments, except in obedience to lawful orders to that effect, he shall be liable to pay treble the original cost of the article or articles so misused or injured, lost, or carried away, as aforesaid, to be recovered, with costs, before any Magistrate in a summary way; and any person who shall buy any such military buying militia equipments, knowing the same to be such, either at public or private sale, shall forfeit the sum of ten pounds, to be recovered with costs, in manner hereinafter directed; and any person with whom any such military equipments may be deposited for sale is hereby required to deliver the same to the proper person authorized to take charge of such military equipments, otherwise he shall be deemed to be the purchaser thereof; and it shall be the duty of the person having charge of the military equipments as Penalty for arms. |