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No. 1. party shall usually reside; and in any proceeding for non-obedience Ord. No.4, to any such summons, it shall be sufficient for the party complain
1854. ant to prove the service of such summons in one or other of the e n
ways aforesaid, and the burthen of all other proof shall lie in the
party defendant. The President XLV. That the President shall be, and he is hereby empowered may remit at his discretion to remit the whole or any portion of any fine, fines, &c.
penalty, or forfeiture incurred under the provisions of this Ordinance.
XLVI. That the several provisions throughout this Ordinance shall be taken and construed to apply as well to any volunteer corps embodied under it, as to any Militia force which may be
raised by ballot. Persons sued XLVII. That if any person shall be sued for anything done by may plead the virtue of this Ordinance, it shall be lawful for such person to plead general issue.
the general issue and give this Ordinance and the special matter in evidence; and if judgment be given for the defendant, or the plaintiff be nonsuited, or his suit be discontinued or abated, such
defendant shall be entitled to double costs. Bahama Acts XLVIII. That after the allowance of this Ordinance, the followrepealed.
ing Acts of the General Assembly of the Bahama Islands relating to the militia, to wit:-3 Vic. ch. 5, and 8 Vic, ch. 33, shall be and the same are hereby repealed.
XLIX. Defines the meaning of the word “ President."
No. 2.-ORDINANCE No. 5 of 1859. Ord. No. 5, Ano 1859. · An Ordinance to authorize the Enrolment of a Volunteer Rifle Corps
within these Islands. (Passed Dec. 8th, 1859. Confirmed
August 2nd, 1860.) PREAMBLE. W HEREAS a Volunteer Rifle Corps, known as the Turks Islands
VV Royal Volunteers, has lately been enrolled within these islands, and it is expedient that the enrolment of the said corps
should be duly authorized and regulated by law; May it, &c., President to be Colonel of the
I. That the President of these islands, for the time being, shall Volunteer Corps be the colonel of the said Volunteer Rifle Corps. Enrolment of 4 II. That it shall be lawful for the said President to permit the companies, not enrolment of four companies of volunteers, two at Grand Turk, one more than 50, at Salt Cay, and one at East Caicos; each company to consist of each,authorized, 2 Grand Turk,
such a number of rank and file, not exceeding fifty, as he may deem
su 1 Salt Cay. proper. 1 East Caicos. III. That it shall be lawful for the President to grant commisPresident to sions (provisionally until Her Majesty's pleasure be known) to the grant commis officers of the said corps who may, from time to time, be selected sions.
according to the rules of the corps. Companies to IV. That the two companies of Volunteers at Grand Turk, make rules, jointly, and each of the other companies of the said Volunteer Rifle subject to the
Corps, severally, shall, from time to time, make rules and regulaconfirmation
tions (and also alter and amend the same for their government) of the President.
which rules and amended rules shall be subject to the confirmation of the President and Executive Council, and such rules and regulations so approved of shall, to all intents and purposes, bind and
govern such companies respectively of the said Volunteer Rifle Corps No. 2. as if the same were set forth in this Ordinance.
Ord. No. 5, V. That all the rules and regulations, elections and appoint- 1859. ments, made or to be made by the said Volunteer Rifle Corps, prior to the time when this Ordinance shall be in force, shall be, and the same hereby are declared to be as good and valid in law as though the same had been made subsequent to this enactment.
VI. That any person who shall volunteer and be elected as a Volunteers member of the said Volunteer Rifle Corps shall be exempt from exempt from
Militia service. serving in the Militia of these islands during the period he shall Mil serve as a Volunteer.
VII. That any officer, non-commissioned officer, or private of No person to the said corps, who shall appear under arms, except in obedience appear under, to any order from his superior officer, shall be liable to a fine of
of arms except by one pound for every offence.
VIII. That for the trial of all offences that may be committed Courts Maragainst this Ordinance, and which are not otherwise herein pro- tial to be apvided for, it shall and may be lawful for the President to order a pou
President. Court Martial,when necessary, and such Court Martial shall consist of not less than three members, and the decision of such Court How to be Martial shall be by a majority of votes: Provided that when a constituted. commissioned officer of the said corps is to be tried, such Court Martial shall be composed of commissioned officers of the corps : when a non-commissioned officer of the said corps is to be tried, one or more of the members of such Court shall be a non-commissioned officer of the said corps : and whenever a private of the corps is so to be tried, one or more of the members of the Court shall be a private of the said corps : and every person so appointed, Penalty for who shall neglect, refuse, or omit to attend such Court Martial, refusing to at
tend same, shall forfeit, for every such offence, a fine not exceeding ten pounds; ten and every person so to be tried by a Court Martial shall have not Persons to he less than three days' notice, in writing, as well of the charge or tried to have
notice of same, charges to be preferred against him, as of the time and place of notice 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 and how to be such notice, he shall stand convicted of the offence in such notice dealt with for expressed, and shall incur such penalty as the Court would have nonadjudged, had he been regularly tried and convicted.
IX. That when the Volunteer Rifle Corps shall be serving in conjunction with the Militia force of these islands between officers of equal rank of the said forces, the officers of the Volunteer Rifle Corps shall take precedence, and have the command of any Militia and Volunteer force in the field.
X. That in case of invasion, or insurrection, or riot, or any When necesapprehension thereof, it shall be lawful for the President to order sary, the Presi
dent may order out the whole corps, or such part as shall be deemed requisite to den
out the Volunperform military duty, for such length of time as the said President teers shall think necessary; provided, however, that no member of the said corps shall be required in the performance of any military duty to go out of the island or district for which he has enrolled himself, except by his own consent.
XI. That it shall be lawful for the officer commanding any party Refreshments during such invasion, or insurrection, or riot, or any apprehension allowed. thereof, and who shall be ordered on any particular service, to
No. 2. procure refreshments for the same at a rate not exceeding four Ord. No.5, shillings per diem for each man; and to impress such carts, horses, 1859. or mules, as may be necessary for dragging cannon and carrying
baggage, ammunition, or stores, or the like, when upon any march, Horses, &c., may be im.
giving certificates therefor to the persons of whom the same may pressed. be received, and the President is hereby authorized, by and with Expenses how the consent of the Executive Council, to issue his warrant on the defrayed. Public Treasury for the payment of the same.
XII. That the sum granted in the Appropriation Ordinance for the year 1860, for allowances and other contingent Militia purposes, shall be available for the contingent expenses of the said Volunteer
Rifle Corps. Persons to in XIII. That it shall be lawful for the President to procure at the struct officers
public expense, non-commissioned officers from the army, or some and men to be
persons who shall have served in the army, to instruct the officers provided at public expenses and men of the said corps in their exercise; and the President is
hereby authorized, by warrant under his hand, to draw from the Public Treasury, from such sums of money as may be from time to time granted by the Legislative Council for military expenses, such sums of money for the above-mentioned purpose as he may con
sider sufficient. Prizes to he XIV. That to encourage the Volunteer Rifle Corps to become awarded to good marksmen, some day in every year shall be appointed by the best marksmen.
President for them to fire at a target, on which day prizes, to be previously settled by the President in Executive Council, shall be awarded to a certain number of the best shots, the costs of such prizes to be paid out of any moneys granted for military purposes,
by warrant, in the usual manner. Persons resist XV. That if any person shall abuse, resist, impede or assault, or ing or imped- shall aid or incite any other person to abuse, resist, impede or ing men of
assault any officer or private of the said Volunteer Rifle Corps of Royal Volunteer Corps,
these islands whilst on duty, every such offender being thereof how dealt with.
convicted before the police or acting Police Magistrate at Grand Turk, or before the Assistant Police Magistrate at either Salt Cay or Cockburn Harbour, shall, in the discretion of the convicting Justice, befined in any sum not exceeding Five pounds, or in default of payment, be committed to the common gaol for the island or district in which such offence was committed, with or without hard labour, for any period not exceeding three
months. Fines, how XVI. That all fines, penalties, and forfeitures, incurred under recoveredl. the rules of the said corps or under this Ordinance (except when
imposed by sentence of a Court Martial), shall be levied by warrant under the hand of the quartermaster, and countersigned by the commanding officer of the day; and all such fines, penalties, and forfeitures, when imposed by sentence of a Court Martial, shall bo levied under the hand of the President of the Court, and all such warrants shall be directed to the Regimental Marshal or his
lawful deputy, who is hereby authorized and required to levy the . same, by distress and sale of the offender's goods; and for want of sufficient goods, to commit him to the common gaol, there to remain for the space of one month, unless such fine or forfeiture
shall be sooner paid; and all fines, penalties, and forfeitures imHow appro posed and levied by virtue of this Ordinance, and not otherwise priated.
appropriated, shall be reserved for the use of Her Majesty, her
litle of Volun
heirs, and successors, and be applied towards defraying the expenses No.2. of the government of this colony.
Ord. No.5, XVII. That if at any time it shall be deemed expedient to 1859. change the title of the said corps, it shall be lawful for the said corps to change the same, subject to the confirmation of the Presi- teer Corps ma dent: and notwithstanding such change, all and singular the rules, be changed by regulations, and enactments respecting the said corps, shall be held the Corps. and taken to apply to such corps by whatever name it may be called.
XVIII. That the following clauses of Ordinance No. 4 of 1854, Clauses of entitled “ An Ordinance to consolidate and amend the Laws now in Milit
Militia Ordiforce relating to the Militia," namely, the 4, 19, 23, 24, 25, 26, of 1854 to
nance, No. 4 27, 28, 29, 30, 31, 33, 37, 39, 40, 44, 45, and 47, shall be, and the apply tó Volunsame hereby are declared to apply to the said Volunteer Rifle Corps, teer Corps. and to have the same force and effect as regards the said Volunteer Rifle Corps, except so far as the same, or any of them, shall be inconsistent with the provisions of this Ordinance, as though the provisions of the said several clauses were contained in this Ordinance; and throughout the clauses above enumerated, wherever the word “Militia " shall occur, it shall be deemed for the purposes of this Ordinance to apply to, and to mean the said Volunteer Rifle Corps, and whenever the words General or Regimental Court Martial shall occur, the same shall be held to apply to any Court Martial established under this Ordinance. XIX. Defines the meaning of the word “ President.”
Meaning of the word President.
The following clauses of Ordinance No. 4 of 1854, to consolidate Clauses of and amend the Laws now in force relating to the Militia, are, by the Ord. No. 5, 18th Section of Ordinance No. 5 of 1859, declared to be in force 1859, and apply to the Turks Islands Volunteer Rifle Corps, as though the which apply to provisions of the said several clauses were contained in the said Rifle Corps. last-recited Ordinance, to authorize the enrolment of a Volunteer Rifle Corps within these islands, viz. :-
IV. That on the demise of the Crown it shall not be necessary Commissions for any officer in the said Militia to renew any commission; but all to continue in such commissions shall nevertheless continue in full force.
full force not
withstanding XIX. That it shall be lawful for the President from time to time,
demise of the to regulate by general order the number of general musters or Crown. reviews, company musters or drills, and other duties to be per- Musters, &c., formed by the said Militia ; as also all matters relating to the regulated. 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.
XXIII. That all General and other Courts Martial constituted by Courts allthis Ordinance shall have authority, and they are hereby required thorized to adto administer an oath to every witness examined at the trial of any minister oaths. offences which may be brought before them; and any person taking a false oath, or procuring or suborning any other witness or person so to do, shall be liable to have an information filed against him in the Supreme Court of these islands, and upon conviction, shall suffer the like pains and penalties as by law are inflicted upon persons guilty of perjury or subornation of perjury.
No. 2. XXIV. That in all trials by General or other Courts Martial Clauses of to be held by virtue of this Ordinance, every member assisting at Ord. No. 5, such trial, before any proceedings be had thereon, shall take the
1859, following oaths before the Judge Advocate or his Deputy, or (in which apply to Regimental Courts Martial) before the clerk appointed by the Rifle Corps. PS President of the said Court, who are respectively authorized to ad
minister the same, that is to say: “You shall well and truly try Form of oaths. 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
Punishment for misbehaviour.
“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 disrespectful words, signs, or gestures in the presence of any Court Martial when sitting, or shall cause any riot or disorder, so as to 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 Advocate or person officiating as such, shall during their necessary attendance on such Courts, and in going to and returning from the 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 Marshal 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.
Neglect of attendai how punished.