Topic: Canadian Militia
Calling Out the Militia (1868)
The Canadian Volunteer's Hand Book for Field Service, compiled by Major T.C. Scobie, 37th Battalion, Haldimand Rifles, C.V.M., Approved by the Adjutant General of Militia, Canada, 1868
An extract from the Militia Act of 1868.
60. The officer commanding any military district or division, or the officer commanding any corps of active militia, may, upon any sudden emergency of invasion or insurrection, or imminent danger of either, call out the whole or any part of the militia within his command, until the pleasure of Her Majesty is known, and the militia so called out by their commanding officer shall immediately obey all such orders as he may give, and march to such place "within or without the district or division as he may direct."
61. Her Majesty may call out the militia or any part thereof for actual service, either within or without the Dominion, at any time, whenever it appears advisable so to do by reason of war, invasion or insurrection, or danger of any of them; and the militiamen, when so called out for actual service, shall continue to serve for at least one year from the date of their being called out for actual service, if required so to do, or for any longer period which Her Majesty may appoint:
(2.) And Her Majesty may, from time to time, direct the furnishing by any regimental division, of such number of militiamen as may be required either for reliefs, or to fill vacancies in corps on actual service; and whenever the militia or any part thereof are called out for actual service by reason of war, invasion, or insurrection; Her Majesty may place them under the orders of the commander of her regular forces in Canada.
62. In time of war no man shall be required to serve in the field continuously for a longer period than one year; but any man who volunteers to serve for the war or any longer period than one year shall be compelled to fulfil his engagement; but Her Majesty may, in cases of unavoidable necessity (of which necessity Her Majesty shall be the sole judge), call upon any militiaman to continue to serve beyond his period of general service, or voluntary engagement, or beyond his one year's service in the field, for any period not exceeding six months.
63. Whenever the militia or any part, or corps thereof, shall be called out for actual service, the officers, non-commissioned officers and men so called out shall be paid at such rates of daily pay as are paid to officers, non-commissioned officers, and men of the relative and corresponding grade in Her Majesty's service, or such other rates as may for the time being be fixed by the Governor in Council.
64. The active militia shall be subject to the Queen's Regulations and Orders for the army; and every officer and man of the militia shall, from the time of being called cut for actual service, and also during the period of annual drill or training under the provisions of this Act, and also during any drill or parade of his corps at which be may be present in the ranks or as a spectator, and also while wearing the uniform of his corps, be subject to the rules and articles of war and to the Act for punishing mutiny and desertion, and all other laws then applicable to Her Majesty's troops in Canada, and not inconsistent with this Act; except that no man shall be subject to any corporal punishment except death or imprisonment for any contravention of such laws; and except also that Her Majesty may direct that any of the provisions of the said laws or regulations shall not apply to the militia force; but any officer, non-commissioned officer, or man charged with any offence committed while serving in the militia, shall be held liable to be tried by Court Martial, and if convicted to be punished therefor, within six months after his discharge from the militia or after the corps to which he belongs or belonged is relieved from actual service : notwithstanding that he shall have been so discharged from the active militia, or that the corps to which be belonged shall have been so relieved from actual service: and any officer, non-commissioned officer, or private of the militia may be tried for the crime of desertion at any time, without reference to the length of time which may have elapsed since his desertion.
65. It shall be the duty of the captain or other officer commanding any company of active militia, with the assistance of the officers and non-commissioned officers of his company, to make and keep at all times a correct roll of the company in such form as Her Majesty may direct; and it shall be the duty of the lieutenant-colonel or other officer commanding any battalion of active militia, and under him especially of the adjutant, to see that the company rolls above referred to are properly made out, and corrected from time to time by the captains or other officers commanding companies in such battalion, and to report such officers as fail to perform their duty in this respect.
66. Any militiaman who when called out for actual service, shall without leave absent himself from his corps, for a longer period than seven days, shall be deemed a deserter, and may be tried by Militia Court Martial.
67. Each militiaman called out for actual service shall attend at such time and place as may be required by the officer commanding him, with any arms accoutrements, ammunition, and equipment he has received, and with such provisions as such officer may direct.
68. When any officer or man is killed in actual service, or dies from wounds or disease contracted on actual service, provision shall be made for his wife and family out of the public funds:
(2) And all cases of permanent disability, arising from injuries received or illness contracted on actual service, shall be reported on by a medical board, and compensation awarded, under such regulations as may be made from time to time by the Governor in Council; and any medical practitioner who shall sign a false certificate in any such case, shall incur a penalty of four hundred dollars.