Defence Forces Act 1886 (SA)

ANNO QUADRAGESIMO NON0 ET QUINQUAGESIMO

VICTORIA3 REGINB.

A.D. 1886.

No. 390.

T12e Defeuce Forces Act, 1886.

ANALYSIS.

Preamble. Boar& of Inqztiry.

1. Acts repeulcd.

22. Formation of Boards.

2. Short title.

2 3. Penalty on officers refusing to attend Board.

3. Interpretation.

24. Powers of Board

26. Charges against commissioned officers, how

dealt with.

26. Renn~neration of oacera composing Board.

PROVISION8 GENERAL TO ALL TIIN IOHL'ES. 27. Civil nfftlirs of corps to be aubject to

Cortstitz~tion of the Forces. regulalions.

4. Governor, Commancier-in-Chicf. Licrnccv of Lccnd fo). AL$e nnd Artil lery Banges

5. Forces under command of Commandant. and Dri l l.

6. Constitution of Forces. 2 8. 1,icences may be granted for riflo and

7. Exlsting Forces to come ~u~ider this Act. artillery ranges and drill.

8. Precedence of Forces.

29. Provision for cesser of licence.

30. Goverr~or may make regulations stopping

Enrol?nent

O$cers and Non-con.lnzissioned Ogicerx. traffic, &C., during practice.

9. Appointment of officers cad non-com-

Bill~ting a)td Convry~zncc of Forces.

missioned officers.

10. Rank and precedence of officers. 31. Regulations for billeting and conveysnce

11. Medical dcpartmcnt. of Forces,

12. Veterinary department. 32. l'cnalty for refusing conveyance.

O f e w r s rind AmEt ies. P

Regululions.

33. Offences b y persons nnt belonging to Forced.

13. Regulations may be made.

14. Existing regulations i n force until new 34. Offences by persons belonging to Forces.

regulations made under this Act. Pvotcction to Oflccrs.

Military Distracts nrad Sub-districts. 35. Protection to officers.

15. Military district^ and sub-districts may be 36. Honorary officers and members of the

proclaimed. Forces.

Calling out Forces By Procluawtion for Actual

Service. PART 11.-Sections 37 to 62.

16. Provision for. M I L I T I A.

17. Provisions for transfer of corps. Active Militia.

18. Remuneration of Forces when called out. 37. Numbers which may be raised of Active

19. Penalties for disobedience to call. Militia.

20. Men killed on actual service. Be-engaged Corps of the aame.

Privileges of Forcer. 3 8. Persons who may be enrolled i n the Ke-

21. 'Privileges of Forces. engaged Corps of the Active Militia.

49' & 50" VICTORIA, No. 390.

The Defence Forces Act.-1886.

Enrolment and Be-tnrolnrsnt. 69. Any person who falsely personates another

39. Officers to enrol. a t any parade.

40. Manner of enrolment i n Militia. 70. Resisting draft, &C.-Offences Connected

with deeertion.

Transfer and Reaipation. g.

41. Transfer of militiamen.

42. Resignation of militiamen.

43. Absence with leave from province. VOLUNTEER FORCE.

ClotRiltg, Arms, and Accoutrements. Constitution of Force.

44. Clothing, arms, rtnd equipment. 7 1. Constitution of.

Horses of Mounted Hilitiamen. 72. Precedence of corps.

45. Mounted militiamen to provide horses. Organisation.

73. Organisation of.

Drill Ezercise and Training. 74. Term of service.

46. Periods of drill or exercises. Pormation sf Corps.

Pay Allowances cmd Prlzes. 75. Formation of corps-Persons anxiow to

47. Rates of pay and allowances. form, procedure of.

43. Pay issued quarterly.	76. Boys as buglers.
49. Members of Parliament to receive no pay.	77, Members joining corps already f ormod.

50. Prize-money. Nem6ership.

Ofences and Punishments. 78. Commandant to keep list of members of

51, Offences defmed by regulations, and volunteer corps.

punishments. 79. Certificates of membership.

62. Summary punishment or imprisonment 80. Expulsion of members.

by an officer.

81. Disbandment of corps or of the Force.

82. Expelled volunteers cannot rejoin.

83. Cesser of membership.

PART 111.-Sections 53 to 70. Oflcers.

1LESERVE MILITIA. 84. Appointment of officers.

63. Ileserve Militia Force may be raised and TTniform, R$es, ancl Ammunition.

called out by Governor. 8.5. Uniform.

54. Persons liable to serve in Rcserve Militia. 86. Rifle, accoutrements, and ammunition.

56.	Classes of persons liable to serve.	87. Surrender of arms and ammunition.
88. Government property may be lent to corps

subject to regulations.

66. Enrolment to be made by enrolment officer,

57. IIouseholder to give infbrmation to enrol- Brill and Prizes.

ment officer. 89. Driil and inspection.

58. Governor to fix number of men to serve, 90. Efficients and extra-cfficients.

and quotas for various d~.~t,ricts. 91. Prizcs.

Balloting. Qfences.

92. Offences may bc defined by regulations.

69. Number t o serve t o be detenninod by ballot.

60. Men s h d l be balloted for in order of classes. PART V.-Sections 93 to 96.

61. As to substitute8 for men balloted.

62. Enrolment officer may provido substitute NATIONAL RIFLE AOBOCIATION.

for Quakcrs. 93. Establishment of National Rifle Asswia-

Oath or Declaration to Be taken. tion.

94. Composition of.

63. Officers and men to take oath or declaration. 96. Government of.

Chthing, Arms, and Accoutmnents. 96. Rules of.

64. Clothing, arms, and accoutrcmcnts.

PART V1.-Sections 97 to 100.

Pay and Allozoa~tces.

6 5. Rates of pay and dlowanccs.

Legal A^oceedings except when Forces called out

Enrolment of Serzranls. fov AcBm2 Sewice.

66, Enrolment of servant not to vacate con- 97. Recovery of penalties.

tracts with his master, unless called out 98. Appeal.

for active service. Property of Corps Association or Club.

O$mce$ and Penallics. 99. Vesting property of corps and association

67. Refosing required information, or giving and club.

false information. 100. Property of disbanded corps, association,

68. Men drafted refusing to be sworn. and club, horn disposed of.

49' & 50' VICTORIA?, No. 390. -

The Dgfence Forces Act.-1886.

An Act to consolidate and amend the Law relating to the Volunteer Military Force, the Reserve Force, the Militia, and the Rifle Volunteer Force.

[Assented to, November r 7th, 1886.1

Preamble.

PREAMBLE.

'REAS it is desirable to consolidate and anlend the law

the Militia, and the Rifle Volunteer Force-Be it therefore Enacted W"" relating to the Volunteer Military Force, the Reserve Force,

by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament nssernhled, as follows:

PRELIMINARY.

Repeal of Acts in

1. Tlic Acts mentioned in the First Schedule to this Act, a d Sohedule. -

hereinafter termed ' L the said repealed Acts," are hereby repealed

from and aftcr the commencement of this Act, to the extent

specified in the third column of that Schedule:

Provided that-

(1) Nothing herein shall be deemed to affect or to render invalid any regulation, appointment, or promotion lawfully made, or any act or thing lawfully done or suffered, under any enactment hereby rcpenled:

(2) Any enactment or document referring to any Act or enact ment hereby repealed shall be construed to refer to this Act or to the corresponding enactment in this Act.

This repeal shall not affect-

(a) The past operation of any enactment hereby repealed nor

anything duly done or suffered ulicler any enactment

hereby repealed; nor

( b ) Any right, privilege, obligation, or liability acquired or

incurred under, or any appointment or promotion lawf~dly

made under, any enactment hereby repealed; nor

(C) Any penalty, forfeiture, or punishment incorreu in respect of

any offence comn~itted against m y enactment hereby

repealed; nor

( d ) Any investigation, legal proceediu,p, or remedy in respect of

any such right, privilege,.obligatlon, liability, appointment, promotion, penalty, forfeiture, or punishment as aforesaid, and any such investigation, legal proceeding, and remedy

may be carried on as if this Act had not been passed. .

Short

49' & 50' VICTORIE, No. 396

The D~fince Forces Act.-1 S86.

Short Title of Act.

Short title of Act. 2. This Act may for all purposes be cited as '' The nefeuce

Forces Act, 1886."

DeJinitions.

Definitiom in inter* 3. I n the interpretation of this Act tllc following terms shall,

petation of this Act.

unless the context otherwise requires, have the several meanings

set against them respectively, that is to say-

Miniater. " Minister "-The Responsible Minister of Her Majesty's Colonial

Governnwnt of the said province for the time being adminis- tering this Act:

Commandant. '' Comn~~niiunt "-The coinmissioned officer in chief command

for the time being of the Forces of South Australia:

Commanding officer. Commanding officer "--Tlie oficer commanding a corps raised

under t h s Act:

Officer. " Officer7'-A person holding n comuission or warrant in the

Forces:

The Forces. The Forces "-The Forces authorised by this Act :

Militia. '' Militia "-The ,Active Militia Force authorised by this Act:

Reserve Militia, 'L Reserve Militia "-'The Reserve Militia Force authorised by

this Act:

Volunteer Form. " Volunteer Force "-The Volunteer Force authorised by this

Act :

Militiaman. Militiaman "--A member of the Militia:

Reserve militiaman. " Reserve rnilitianlnn "-A member of the Rcserve Militia:

Voluntoer. Volunteer " A rrlenlber of tlie Volunteer Force:

( 6 Corps "-Any battery of wtillery, troop of cavalry, or company

Corps.

of infantry or mounted infantry, or any cornpaky of cadets of

the Forces, but so that where two or more troops of cavalry,

companies of mounted infantry, or of i n f ntry are formed iuto a squadron, bat,tdion, or regiment, such squadron, hattnlion, or regiment may bc terlned a corps:

Amay Act. " Army Act "-The Act of the Imperial Parliament cdled

'L The Army Act, 1881," or any Act or Acts that sl~all for the time being be in force in the United Kingdom amendiug: in sub~titution for the same, including the Articles of

War made and f a the time being in force thereunder:

Re~ulaliana. " Regulations7'-Any regulations which shall be nlnde by the

Governor in pursuance of this Act:

prescribed. " Prescribed "-Prescribed by this Act, or by regulntmns made

under t,his &4ct:

Diekict. '' District "-The locality prescribed as a district by this Act, or

by any regulations made under this Act:

( c ~~b-distr ict

b

7 49" & sod VICTOR^&, No. 396.

p- p The Defence Ebrces Act.-1886.

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6 t Sub-district "--That portion of any district prescribed ns s Snb-diatriat-

sub-district for the purposes of this Act, or by any regu1t-t-

tions made under this Act:

" Proclamation "-A Proclanintion published in the Government Proclamation.

Gaxettte.

PART I. PART r.

PROVISIONS GENERAL TO ATJL TEIE FORCES.

4, The Governor, as Her Majesty's Representative, shall be The Governor to be Commander-in- Chief.

Co~nmttnder-in-Chief of the Forces rilentioued in this Act.

5. The Commandant diall, subject to repht ions, command the Commandant to corn- mand tho Forces.

Forces authorised by this Act.

Constitution of the Forces.

6, The Forces	autlmrised by this Act shall consist of-	Constitution of
Forces.

(:) The " Active Militia Force "- Active Militia Force.

The Force in the said repealed Acts termed "The Volnn-

teer Military Force":

Including its Reserve in the said repealed Acts teriued '' The Reserve Force," and in this Act termed 'l Re- engaged Corps " of the " Active Militia Force."

(2) The " Reserve M i t i a " Force- Reserve Militia Force,

Termed in the said repealed Acts c c The Militia Force ":

(3) The "Volunteer Force "- Volunteer Force.

Termed in thc said repealed Acts '' The Rifle Volunteer

Force."

7, Every member of the Volunteer l\Iilitary Force, and of the in MembersoftheForces existence at passing

Reserve Force, commissioned or enrolled under the said repealed of this Act to

Acts, or any of them, slid1 continue to serve in the Militia under the under this Act.

provisions of' this Act in the samc manner as if lie had been com-

missioned or enrolled under this Act.

And every rifle vdunteer officer or rifle volunteer company whose services have been accepted under the said repealed Acts, or auy of them, shall continue in existence as a volunteer oficer or ~olunt~eer corps respectively under the provision of this Act in the samc manner as if he or they had beer, comn~issioned or formed under this Act.

Any lnerlibcr of the Forces afoi-esaid may, within three months of the passing of this Act, resign his cominissiorl if an officer, or claitu his discharge from such Force by giving fourteen days' notice of the same through his ccprnnnding officer to the Commandant.

Except as herein expressly provided, nothing lierein contained

shall be deemed to deprive any person who has been a member

of

495 & 50° VICTORIIE, No. 390. -

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The Defence Forces Act.-2886. P P

P*m I. of any of the Forces under the said repenled Acts of any immunity or privilege to which under any of the said Acts he may be, or, but for this Act, would have been, entitled at the passing hereof.

*receden* Of 8. The Militia and the Reserve Militia sl~all be equal in rank,

but shall rank junior to tlie Permanent Military Force of the said

province, and senior to the Volunteer Force of' tbc said province.

The Volunteer Force shall rank juriior to the said Permanent Mili-

tary Force, the Militia, and Reserve Militia of the szid proviace.

Appointment of 9, The Governor may appoint to the Forces such staff officers

~ff l~ers and non-com-

d o e o e. and staff non-commissioned oficers as 11e 1133 y cleein necessarv. and U, -

may also appoint to every Force, or corps of a Force, such and so many officers subject to regulations, as he dccins necessary; but in

time of pence no person except the Commandant shall hold higher

rank than that of lieutenant-colonel, except as an honorary rank.

The Commandant, on behalf of the Governor, may appoint all warrant oficers and superior non-conimissioned officers including sergeants.

The commanding officer may, subject to regulations, appoirlt to his corps all non-commissioned officers not illeluded in the last pre ceding paragraph of this section.

The cornlvissioua or appointments of all such officers and non*

commissioned officers are held at pleasure, and the proper

authority may from time to time remove any officer or non-

commis~ioned officer and appoint another in his steld.

of offlcers and non- 10. Officers and non-commissioned officers of the Forces s l d l and precedence commissioned officers. have relative rank and take precedence amone tlleinselves in their

respective Forces according t6 the rules whicl; obtain in thn t behalf in the Regular Troops of Her Majcstv, and officers of these Forces shall rank as juniors of their respect&e rimlis with officers in Her

Majesty's Regular Forces, and with officers of the Permanent Force

of this province.

Officers and non-comniissiolied officers of the Volunteer Force

shall he junior to officers and nou-commissioned officers of the

Militia and Reserve Militia of the same rank, whatever be the

dates of their respective comniissions or appointn~ents :

But any field officer of Her Majesty's Forces shall have grece-

dence of and command over field officers of the Militia, Reserve

Militia, and Volunteer Forces.

Meacddepartment.	11. There shall be a Medical Department of the Forces, and all medical officers comn~issioned as such in the Forces shall belong to this department, and, subject to regulations, shall be under the
orders of the principal nledicnl officer, at the time of the passing of
this Act, on the Staff of the South Australian Military Forces or
of the p&cipal medical officer for tlie time being of the~orces.

Such medical officers though belonging to one medical depart-

ment?

49' & 50' VICTORIE, No. 390. 'F

The Dcfmce Ebrces Act.-1886. -

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4

mcnt, shall raok :wcording to thc position and orucedeuce by this YAP* I.

~ c t given to the respective Force to wliicli they 6 i n S be respectively c~~~imissioued, nlid nccordiug to the position a t d precedence by this

Act given to tlic officers of the respective Forces.

Such medical officers i m y be attached to any particular corps, prt ion or assemblage of corps, ot the respcctive Forces to which they belong, but tllcy way be transferred, subject to regulations, by t l~o Commandant or p:incipr.l medical officer f i r e sa id for dnty, when necessary, with m y bra~icli of the Forces, ret,aining, however, the rank and position they occupy in the Forces to which they are conlmissioued.

12, There sl~all be a veterinary department of the Forces, and Yetorin~rg depsrt-

all veterina~y surgeon officers conimissioned as sucli in the Forces

s l d l belong to this dep~r t~nen t, ~ 1 6, subject to regulations, shall be

under thc orders of the pril~cipal veterinary swgeon officer for the

time being on the staff' of the Forces.

Sucli veterinary surgeon officers, though belonging to one depart- ment, shall rank accordiug to the position and precedence by this Act ,piren to tlw respective Forcc to wliicll they inay be respectively appointed, and accorchg to the positiorn ancl prececlerlce by this Act given to the officers of the respective Porccs.

Sucli veterinary surgeon pfficers nlny be attached to any par- ticular corps, portion, or xsseiilblage of corps of the respective Forces to which they helong, but they inay bc transferred, subject to regulations, by the Coilinlantlant or priucipal veterinary surgeon oficer aforesaid for duty, wlmi necessary, with m y branch of the Eorccs, retaining however the rank and position they occupy in the Forces to which they are appointed.

13, The Governor m3.y from time to tinw make, alter, or revoke Governor may make

regulations not incousisknt with this Act, for carrying into effect regulations.

and for enforcing the provisiol~s thereof; and for the enrolment,

promotion, eniplojnlent, training, discipline, and better governwent

of the Forces, or of ally portion or individual thereof; :ud for the

punishment, dismiss:d, or discharge or disbandment of the same, or

of any portion or individual thereof.

Such regulations shall be in the Government Gazette,

and afterwards shall be judicially noticed and have the force of law, and a copy of the Govemnlent Gazette, purporting to contain a copy of any such regulations, sllall be conclusive evidence thereof: Providcd that all such regulations shall be laid before both Houses of Parliament within fourieen days of the making tl~ereof, if Parlia- ment be then sitting, and if Parliament Fe not sitting, then within fourteen days after tlle commencement of the next sitting of Parliament.

Such regulations shall be in force at all times, whether the said Forces shall be 011 parade, under arms, or otherwise.

14, IJntil

4gG 8r 50" VICTORIE, No. 390.

- 2 he Defence Forces Act,-1886.

PABT X. 14. Until the Governor slid1 rnalie and puhlidi regulations under

Eatingreguhtiooat~ the powers herein contained, all roles and regulations made, and

new regulations made remain in force until which are in force at the t h e of tlie passing of this Act, under

the provisions of any of the sirid repealed Acts wit11 respect to any

under t~ie A C ~.

of the Forces thereby authorised, shall (except as far as they are incoilsistent with this Act) be ar~d colltinue in force, and &all

n ply to the correspondiug or siinilar Force under this Act, sud

s g all have the same f'orce and effect, and may, except as aforesaid, be enforced in all respects as if the same had been duly made

and published under this Act.

iU&tary B s t ~ i c t s and Su b-districts.

Governor mlry pro-	15. For the purposes of this Act, and for more efficiently raising
claim Witary

tricts and Sub-

such Forces as aforesaid, the Governor may, \W Prochruntion,

dietricta.

constitute " Military Districts" m d Militnr y S&-districts," aid may define the boundaries thereof, and such districts, or the boun- daries thereof, may, fro% time to time, abolish, alter, or vary, and by such Proclamation as aforesaid may, subject to the provisions of this Act, appoint the number of militiamen, reserve militiamen, and volunteers to be raised for each or any of such districts, and such liurnber may from time to time alter or vary.

Calling out the Forces by Pr*oclamntio~a for Actual .8eroice.

Force8 may bo called 16. (a) The Governor III;~S', by hoclarnakion, c d

out thc Forces,

Out or any portion or portiotls thereof, for actual service in case of in- vasion or attack on the provirlce or its depeudencies, or of rebellion or insurrection t l ~ c i u, or of dangcr of such invnsiol~, attack, rebel- lion, or insurrection:

( b ) Any such I'roclnmntion being published, every n~einber of the

corps called out shdl nsseinble in ohedict~ce thereto at such time and place as may be directed by the Co~nmandant, with any arm.

eqoipnlent, accoutrenients, and niiirnunitior~ in his possession, and	with such provisions as his coliin~anding officer may direct, and sllnll
be subject to tlie Army Act aud all otlrer laws ancl regulations therl applicable to tlie Z'ertliancnt Military Force of South Australia ns if he were a member of' sixcl1 Force, and until the Governor, by Pro- clm~ation, shall sigiiify that the services of such corps are 110 longer required:

(c) No uien~bar of the Forces so called out sliall be subject to

any corporal punishuicnt, save dent11 or imprisotin~ent, for m y con- travention of the Army Act, laws, or regulatioils above mentioned:

( d ) 'I'he regulations may prescribe that nuy portion of the above-

mentioned Army Act, or of the laws or regulations, shall not apply

to tlie Forces, or portion of the Forces, so called out:

( e ) No militiaman or reserve militiaumn shall be repired to

serve out of Australalasia, and no volunteer shall be ordered for

service outside the province:

(f) Whenever

49' & 50° VICTORIE, No. 390. 9

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2 %t! Defi?~t ce E b rces Act.- 18 86.

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Whenever the Militia or Reserve Militia, or m y portion or prtions tllereot; are called out fbr a c t t d service as above, 1)y ~roclaiuation ulade by the Governor, by reason of such invasion or	P d x ~	I*	.-p	..
rebellion, or insurrection, or of danger of such invasion or attack. rebellion, or insurrection, the Governor inay place then^ under the orders of the Comma~der of Her ~ a j k s t ~ ' s regolw Land Forces in this province, or i n any other place w h c the Forces or portions thcrcof may bc required to serve, or urltler the orders of any other officer then in cor~lrnand of tlre Land Forces of any other of the Australasian cololiies.

(, f)

17. (a) The Commandant may, on behalf of the Governor, detail Transferof corps,por- tions of corps, or

the members of the Reserve Militia, when called out for actual service ,,,her, of ,,,,

by Proclarnatiou of the Governor as aforesaid, to any corps of the whencaued out-

Militia to be nt8taclled thereto, and to form part of such corps, for

the period during which such mewbers of the Reserve Militia are

called out, or f;,r nnp part of' tlmt period, to complete or ail~jrnlent

the strcngth of such corps afowsaid: or

( b ) He rimy, subject to remulations, form the uiernbers of the Reserve Militia so called out into such corps as may he desirable: P

The Commandant may, subjrct, to regulations, further transfer ally I I I C I H ~ C: ~ ~ of the Militi:~ Force wl~en called out, or any corps or part of R corps of such Force, f'rotn any one corps to any other corps

( r )

of the same:

(d) If the Volunteer Force, or any portion thereof, be called out

by Proclarnntion as aforesaid, the Corz~maudant may similarly attach any corps or portion of' corps to any otlier corps or portion of corps

in that Force:

( e ) And he may attach any corps or portion of' corps of the said Force to auy corps or portiorl of corps of any of the Forces under this Act, to be x part of such corps for the tirnc being.

18, Members of the Forces when called out for actual service Remunerationwhen called out.

as above, shall, for the day on which they assenlble pursuant to such call, and until their services are 110 longer required, be entitled

to the remuneration in their several ranks as laid down in the Second Schedule to this Act; nnd also shall be provided with accommoda- tion it1 quarters or camp, aud shall further receive daily rations

and camp or field allowances. as may be prescribed.

19, If any member of the Forces shall refuse or neglect to obey Penalties for refusing or neglecting to obey

any call for bctual service made by the Governor by Proclanlation the

for actud

pursuant to this Act, not being prevented by infirmity disabling somica-

him from active service, or by absence from the province, tlle proof

whereof shall lie on him, he shall, if a militianlan or a reserve

militiaman, be liable to be proceeded agninst under the Army Act

as a deserter, and, if couvicted, s l d l be punished :~ccordingly; and,

if a volunteer, be liable on sununary conviction to pay a penalty

of not less t l~nn Tweuty nor more than One Hundred Pounds,

and to be imprisoned for a tern1 not exceeding twelve months.

R-390. Mm

1'0 49' & 50° VICTORIAZ, No. 390.

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The Defence Forces Act.--1 886. . .- -

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PABT I, Men Killed on Actual Service.

Proviaion for families

of men killed on 20. When any officer or man is killed on actual service, or dies

actual service.

from wounds contracted on actual service, provision shall be made

for his wife and family out of the public fttnds.

Privileges qf the Forces.

Privileges of the	2;.	All persons duly commissioned or enrolled in the Militia,
Forces.

and officem and efficient or extra-efficient members of the

Volunteer Force, while in the said Forces, shall be, exempt froru other military service, from being balloted for the Reserve Militia, and from serving as district constables, and, further, the houses, horses, and carriages of such persons shall be exempt from impression

for any military service under any Act of the Parliament of the

mid province.

Boards qf Inquiry.

Formationof Boards	The Comn~andant,	and such of the commanding officers of
of Inquiry.

the Forces as may be empowered so to do by regulations, my summon, in manner hereinafter contained, any commissioned officer of the Forces to form a Board, which shall consist of nct less than three corrinlissioned officers, of whom the senior officer preserrt

shall be the president thereof, to exilrnine into the truth of any

charges or complaint preferred against any officer, or ncjn-corn- missioned officer, or 0 t h member of the Forces, or into any other matter in connection with the Forces which may be laid before tllem.

The form of summons shall be as follows :-

I, A. B. [rank of ofjicer convening Board], do hereby summon

you, in terms of section of LLTht. Defence Forces Act,

1886," to attend at on the

day of 18 , at the hour of in the

noon, to examine iuto the truth of certain charges

(or complaints) to be preferred against

( o r to examine into stClte here the other matters in con-

nection with the Forces, which may be laid before them).

of the [ ~ a n k ].

Dated the day of 18 .

[Siy~aturc.]

Penalty on officer

refusing to attend 23. If ally officer of the Forces, summoned as aforesaid, shall

Boardof Inquiry.	refuse OF. neglect to attend at snch time and place as may be named in such summons for the meeting of the Board, he shall render himself liable to have his commission cancelled, subject, h ornever,
as follows :-

( a ) Every member of the Board amppointed under this Act tQ inquire into the conduct of an officer of the Forccs shall be of equal or superior rank to the officcr whose conduct is SO to be inq&ed into, and one member at least shell be of such superior rank:

( b ) Every

4 9 O & go0 VICTOKIE, No. 3'go. 11

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The Deje?zce Forces Act.-l 886.

( b ) Every summons shall be delivered personally to the officer PAW 1.

sunmoned at least twenty-four ho~lrs before the time '

appointed for the meeting i f the Board:

(c) No officer may be summoned to attend as a member of any Bnard wk~en the place of meeting is distant more than twenty miles from his usual place of residence, unless under special circumstances to be indorsed by the Corn- maridant or1 the said summons. .

24. ( a ) All Boards of officers as hereinbefore constituted shall p,,,, of

have power and authority, and are hereby required, to administer an Inquiry.

oath t o or take a declaration by every witness or other person who

shall be examined before such Board in any matter relating to any

poceedin~ before the same:

( b ) Every witness who may be required to give or produce evidence before such Board shall be summoned by tlic convener thereof, and all witnesses or other persons so duly summoned who sbail not attend such Board, or attending shall refuse to be sworn,

OF to take a declaration, or shall not produce the documents being

uader their power and control required to be produced by them, or being sworn, or making a declaration, shall refuse to give evidence or to answer all such ioestions as the Board may legally demand of them, slznll be liable to the same pains and penalties as if such wit~~ess or other person had, after being duly summoned or sub- mnaed, reftisccl to attend on a trial, or to be sworn or to give evidence in any proceedings before a Special Maqistrate or any two Justices of the Peace, under the Local Courts Act, 1861," or

any Act or Acts amending or in substitution therefor, and such

Board shall have the same power in respect hereto as such Special

Magistrate or such two Justices:

( c ) Any person who shall give false evidence, or take a false

oath, or make a false declaration, and be thereof duly convicted, shall be deemed guilty of wilful and corrupt perjury, slid shall be

liable to such pains and pnalties as persons convicted of wilful and corrupt perjury are or may be subject or liable to.

25. In any case where charges or complaints are preferred Charges against corn- rni~sioned officers,

against any commissioned officer of the Forces, such comruissioned how	with,
officer may be placed urtder arrest by the senior officer present, report of the same being at once made to the Commandant, and such charges or complaints shall, if not adjudicated by the Coolmandant be heard, if necessary, before a Board of officers convened and constituted as hereinbefore provided; but the duties of such Board shall be confined to taking evidence upon oath or declaration and reporting upon such evidence.
The report and evidence of such Board on any charge, complaint, or any other matter which they may be summoned to consider, shall forthwith be forwarded by the president of the Board to the Commandant, who shall. submit the same, with his recommenddion, for the decision of the Governor.

86. .All

The Defence Forces Act.-1886.

PART I.

- 26, All officers composing a Board as hereinbefore constitutet(

Remunerating officere	shnll, if they are not at the time being in receipt of consecutive
composing Boards.	pay from Her Majesty's Colonial Govei-nnleiit of tile said provioep,
be entitled to a remuneration of one day's pay according to their
rank for each day. or part of day, >orin< which they sllnll respectivelv sit as members of such Board; ancl all witnesses duly summoned by thc presideot of a Board of officers sliall hp entitled to the same fees arid privileges as if such witnesses had been duly summoned or ciubpceuaed to ittend on n trial i n any proceed ings before any of the Local Courts of the said province.

Civil Afa irs.

Civil affairs of coips

to be subject to 27. The management of thc civil affairs of every corps of the

regulations. Forces shall be subject to rcgulations.

Licences of Land for R and Art i l lay Ra es and Drill.

Licences may be

granted for use of	28. For the purposes of rifle or artillery practice or for dri!l a
lands for rifle and

artillery ranges and

licence to use any lauds hereinafter nwationed umy, with the

drill.

consent of the Governor, he grunted to any corps of the Forces as

follows :-

(1) I n the case of C r o m Lands, by the Conmissioner of Crown

Lauds for the time being:

(2) In the case of' lands vested in or u11dc.r the care, control, or

management of any Mu~~ioipal Corporation or District

Council, by such Corporation or District Council.

Provided-

(1) h o liccuce shd l he grar~ted for s l o ~ ~ g e r period than sevelr

pears. but any licence, wheu granted, may be renewed by

the same authority that has power to grant tllc same:

(2) In the event of any land to which such licence relates	cea,sing to be used for the purposes of this Act the liccrm
shall thereupon absolutely cease.

Provision for cesser 29, Any land in respect of which a licence shall have beell

of licence.	granted uuder this Act shall be deemed to have ceased to be used
for the purposes of this Act when there has not been any such use
hy the corps to or for which the licence was granted for a period of one vear, aud a certificate of the fact of such non-user has been given b i the Commaodaut, and such certificate shall be conclusive evidence of such fact as against all persons and in all courts of justice.
Governor may make

regulations stopping	30. The Goveri~or may by rcgulations direct to be stopped at
traffic and for the

aafety of the public	such times and for such periods as may be necessary during such
rifle or artillery practice or drill the t r ~ f i ~ on such roads or
during rifle or
artillery practice or	footpaths as hc nray deem necessary, and may make regu l~ t ion~ for

drill, conducting

4gf.) & 50' VICTORIE, No. 390. 13

-- - - - ..

-- -- --

'L he L e fewe Eorccs Act-1886.

conducting such pr:tcticc m d registering the results thereof, PAR@ I.

for preveuting any persons other t l ~ m t h e engaged in such

nractice or	d r ~ l l	from going on the lands for which such licences
r

~llay be granted, or in :re Gcinity thereof, and for the safety of the

pblic, and may iml~ose l~malties for aoy breach of any of such

I & .m.dstions, and for any wilful damage to any butts, targets, or

on any such lands.

BiZZeti?z.g and Con ue1;ance of Forces.

31. The Governor inay nmke reguiations for the bilieting and Regulationsfor

cantoning of the Forces when called out for actual service, or aneeof Forces.	billeting and convey-
for drill exercise or training, for the furnishing of railway cars, engiues, carriages, carts, wt igor~, horses, oxen, boats, and other conveyances for their transport and US(!, mid for ~ d H l i l ~ t e compen- sation tlrerefor, and may by such rrgdstioos impose fines not exceeding Five Pounds for breach thereof, and imprisorimeut in case of default of payment of such fines.

32, Any :,erson lfiwfully rcquired nnder this Act, or by thc hnuity for refusing

reg~~lations, to fiwnish wrlv railway car, enqioc, carriage, cart, "Onv"~anCe~

W X ~ O I I, horse, ox, h a t, or other conveyaucc. for the conveyance or use of' tlic k'orccs, w11o neglccts or rcfusrs to furnish the same slmll be liable to a penaltv not exceeding One IIu~idred Pounds for each suclr off'encc.

C) fences clnd Pe?lalties, *

33. It shall irot be h w f d for any person not a nlember of the Offences by persone

Forces authorised by this Act to wear the uniforru, or any part Forcos.	not belonging to
tliercof, of any of the Forces.

Any person who ~11~11-

( a ) Falsely represe~it himself to be a tnember of any of the

said Forces; or

( b ) Not being n ~nimber shall wear the unifonu, or any part of

thc uniform, of m y of' the said Forces:

shall for every such off'euce be liable or1 summary conviction to n penalty not exceeding 'l'wcnty Pounds, 1vit.h or without imprison- ment f'or ally tern1 not exceeding six mor~ths, with or without hard labor.

34. Any person, whether R member of the Forces or otherwise, Offences by~eraona belonging to B'orcee

who shall- or otherwiee,

( U ) Knowingly buy, sell, or take in exchange, conceal, or, without sa t is tae to~i l~ accounting for the same, receive or have in his possessimi any arms, ncroutreotents, equipments, nmmn- uition, or other articles, the property of Her Majesty's Colonial Government of t l ~ e said l&wince, delivered for

the

49' & 50' VICTORIW, No. 390.

-

The Defence Forces Act.-1886.

the use of any corps, or solicit or entice any person to

buy, sell, take in exchange, or conceal the same; or

(6) Make default in delivering up the arms, accoutrenlents, equip- men t~, or ammunition, or any other a~ticles in his posses- sion, the property of Her Majesty's Colonial Govern rnent of the said province, as required and directed by this

Act :

shall for every such offence be liable on summary conviction to a penalty not exceeding Twenty Pounds, with or without imprison- ment for any term not exceediug six months, with or without hard labor.

hotection to O B C O ~.	35. ,All actions and prosecutions to be commenced against any person for anything done in pursuance of this Act, shall be commenced within three calendar months after the act was com- mitted.
Notice in writing of such action, and the cause thereof, shall be given to the defendant one cnlcndar month a t least before the com- mencement of the action.
The defendant in any such action may plead Ihe general issue, and give the act and the special matter in evidence a t any trial.

The plaintiff shall not recover in such action if tender of' suffi-

cient amends shall be made before action brougllt, or if, after action brought, the defendant shall pay into Court sufficient amends; but in such last-named case the plaintiff shall recover his costs of suit up to the time of payment into Court.

If a verdict shall pass for tllc defeudaut, or the plaintiff become nonsuit or discontinue, the defknda.rit shall recover full costs as between solicitor and client, and have his remedy for the sarm i t1 the usual way. Honorary Oflcers and Members of the Forces.

Honorary ~ f i c e m and

membara of the 36. Notwithstanding anything contained in this Act thc Go-

Forces. vernor may, from tiine to tirntt, appoint honorary officers and members to the Forces, or any portion thereof, and may from time to time remove the s an~e a t pleasure. Such officers or members may wear such uniform as shall be prescribed, but shall not in any respecta be subject to any of the provisions of this Act.

PART 11. MILITIA.

Active Militia.

Aotiw Militia Force 37. The Governor m y raise, organise, arm, equip, drill, train,

may be raised. and exercise an Activc Militia Force for the defence of the province-

Such

49' & 50". VICTORIfi, No. 390.

-

The D~fence Forces Act.-1886.

11- -

Such Militia shall, except as otherwise provided in this Act, consist of' not less than eight hundred and fifty men, nor of more than one thousand five hunared men, exclusive df officers, composed of men of under three years' service, or partly of men under three years'service and partly ofmen over three years' service, and of corps

of re-engaged militiamen, which shall consist of not more than one to benisd.

thousand men, exclusive of officers, and sl~all, except as otherwise

~rescrihed i n this Act, be composed entirely of men of over three

years service.

In addition to the above numbers, boys may be enrolled in the said Militia as cadets, trumpeters, buglers? drummers. or musicians,

as shall be prescribed.

Re-enpqed Corps qf the same.

38. No person shall be enrolled as a member of the Militia ~ ~ ~ ~; ~ - ~ ~ ~

Re-engaged Corps, unless he shall have served for a period of a t corps. - --

least t h e e yearsin the Militia, uuder this Act, or in tile Volunteer Military Force, under the said repealed Bcts, or partly in one and partly 'in the other of such Forces, nor unless the Commandant considers that such rnilitinman is a ' fit and proper person to be enrolled in the said Re-ellgaged Corps of the Militia.

Uudcr special circuu~stances thc Commmdant is empowered to

transfer individual members of less than three years' service in the Militia to such Re-e13gaged Corps, at the wish of such individual members, expressed through their coiilrnnnding officer.

The Governor inay also, bv Proclamation, transfer any number

of individual members of c o ~ p s of the Militia to the He-engaged Corps of the Militia, provided the strength of the whole of the Militia, other thtln the lie-engaged Corps, remains not less than eight hundred and fifty men.

&nrolment and Re-enrolment.

and enrol such militiamen as aforesaid, and may define the distriets, enrolling officers.

39. The Governor may appoint one or more persons to raise Governorma~appht

or parts of districts, within which such persorls shall act.

40. Every person enrolling or re-enrolling himself in the Militia E=v person on en-

shall take the oath, or if the taking of an oath is, accordhg to the in Minia shall take rolling or re-enrolling

religious belief of' such perso::, unlawful, shall make the declaration a n ~ a t b o r d e ~ ~ t i o n.

in the Third Schedule hereto, to serve in such Force for the period of three years, or such lesser period as may be prescribed, and during such period sha,ll be subject to all such rules and regula- tions as may be prescribed for the said Militia.

No person who may be con~nlissiooed,, enrolled, or re-enrolled

as a member of the Qilitia under the authority hereof shall, by

reason of such commission, enrolment, or re-enrolment, or of arG

duty, liability, matter, or thing consequent thereupon, lose, forfeit, or be deprived of any right, claim, benefit, share, or interest to

which

49' & 50° VICTORIS, No. 390.

-

The Deft'nce Ebrces Act.-1 886.

'I.

which he nlay be, at tlie time of such comt~ission, e ~ m h e n t, or

--

re-enrolrncnt, or to which, bu t for such comniissiou, eurolment, or

re-enrolmeat, he would have beeu entitled.

T~ansfer and Resignation.

41. Upon the application of any meinher of tlic Militia, tllrougl1

his cornmandine officer, the Commandant may, if he think fit, transfer such rriilitiauian from any one corps in the said Militia to any other corps in the said Militia.

Reeignation. 42.

For good and sufficient reason shown, the Commandant may, on behalf of the Governor, accept, if he thinks fit, at any tiwe, the resignation of any non-commissioned officer or. man of the Militia.

Leave of absencd. 43.

A militiaman shall have the privilege, subject to rcguh tions,

of obtaining six months' lcave of absence from the colony under the

following provisions :-

(a)	He shall give notice iu writing to his commanding officer of his desire for such lcave of absence, and shall deliver up to his commanding officer, or to the person prescrihcd, his a rm, accoutrements, equipment, nnd clothing, a8nd afterwards obtain yerrriission in writing from his commanding officer for such leave:
(b)	Such absence sEd not count towards his three years' engagement:

(c) If such rnilitianmu do not return before the expiration of six

months he shall be strlick off the roll of his corps:

But the Commandant may, for good and sl~tficieat reasons, cmse such absenke to be struck off the roll of his corps at any time during the period of such absence, or may, for such good and

for any period exceeding the said six months. sufficient reasons, retain him on tlie stre~igth even though absent

Clothing, arms, and 44. The clothing, arms, and . accoutrements or ecluipment of

aclcoutrements.	such Militia shall be as prescribed, and slmll be furoished to each member by and :ct the cost of tlie Government, ana such arms, accoutrements, and equipment shall be and remain the property of the Government.
Such ayms, accoutrements, and eyuiplllent as may be issued to the said Force, shall be produced, exhibited, and given up by the person to whom the same may be issued to any persol1 authorised by the Government to inspect or receive the same.

Any clothing so issued shall be and remain the property of the

(#overnment during such period as prescribed, at the expiration of

4g0 & 50' VICTORI&, No. 390.

- The D.efefice Forces Act-1886.

of which period it shall become the property of the person to whom	I!:
it shall have been issued.

Horses q f Mounted Militiamen.

Every member of the Militia who shall belong to any mounted

corps shall provide a suitable horse, to the satisfaction of the corn- horaer.

maading officer of the corps and of t,he Commandant.

~ ;$~~~i; ;;

45.

Drill, Exercise, and Tmining,

uxercisb 8ud

46. The Governor may call. out the said Militia, either in whole training. .

or in part, for the purpose of drill exercise and training, at such

times and places as he may think fit:

Rut no part of such Force, except as otherwise provided for, shall, for the purposes last aforesaid, be called out for a greater number of days of five hours and upwards, and of half days of

from two hours to five hours, than shall in the aggregate amount to

thirty-six days in any one year, in addition to those required for recruit drill or drill otherwise than daring daylight, except in the case of the artillery in which the aggregate may amount to forty- eight days:

Similarly the Re-engaged Corps of Militia shall not be called out for an aggregate of icore than fifteen days in each year:

Nothing in this Act contained shall prevent the Governor from callng out any officers of the said Militia as often as he shall think fit for the purpose of specinl drill.

Pay, Allowances, and Prizes.

47. The rates of pay and tdlowances of the several officers, ~ ~ j ~ ~ ~ ~ y a n d

non-commissioned officers. bandsmen and mivate men. buders. drummers, and trumpeter; of the Militia whhe employed in "drill:

exercise, or training, shall be subject to regulations for each day, and half-day, nccording to the rates in the Second Schedulc hereto:

r 1

Governor may however prescribe such red~.wtiori of such rates as he may think desirable with respect to members of the

I l ~ e

said Militia while they are undergoing recruit drill, or drill other-

wise than during daylight:

The Governor may also prescribe the times and method of the

pqyment of any rates of pay and allowance to ariy recruit, ant1 may

prescribe what sun1 may be retained and reserved out of' the pay or allowance of any recruit, io be papble to him oniy in the event of' his completing his full service of tl~ree years, or at such other time or in such other event as may be prescribed:

Not less than five hours' drill training and exercise shall be con- sidered a day, and not less than two hours ha'lf' a day, excepting during the annual musketry training, for which the time or other- wise shall be prescribed wl~ich shall be coilsidered equivalent to a

day or half a day. 48. 'l'hc

490 & 50" VICTORIA3, No. 390.

-T

Zhe Defence Forces Act.--1886.

PAXT 11. 48. The members of the said Militia shall be paid quarterly any

Pay i ~ e d qusrtesly. sums of money to which they may be entitled under this Act:

Any fines which may have been imposed on my member, and which shall remain unpaid, shall be deducted from such sum.

Membere of Parlia-

ment to receive no 49, No member of either House of Parliament shall receive

pay in Militia unleas	any payment or allowance in respect of his personal services as an
elected after enrol-
ment.	officer or nlenlber of the Militia, unless such member shall have been elected to his seat in Parliament after his enrolment as a member, or nppointtnent as an officer.
prizes-~usketry.	50. There shall be set allart every year out of the general revenue of the province tbe sum of at least Three Hundred Pound8 for prizes for the encouragement of efficiency in the rifle or other regulation xrin supplied to the members of the Militia, a d this sun1 shall be distributed iu prizes as prescribed.

Ofences and Punishments.

ment to be fixed by	offences ana ~ u n i ~ b - 61. Offences of members of the Militia (except ill the case of
regulationrr. offences, punishments, and penalties, provitlecl by this Act with respect to members of the Militia when called out by Proclamation for'sctusl service, or provided by Part I. cf this ~ c t as general

to all the Forces) shall be defined, and the pimishnlent thereof, by

fine or imprisonment, shall be fixed by regulations, but so that no ~11~11 fine shall exceed Twenty Pounds, and no period of irnprison- ment shall exceed more than forty-two days.

summary imprison- 52. Ally commissioned officer for the time being in command of L 2

any body Gf men of the Militia inay suumsrilv order any member

in commando a body Or bj

of militiamen.	of"such body to be imprisoned in any ,guardhiuse to bc appointed for such purpose by the Governor fbr any pcriod not exceeding one day, or niay inflict a fine upou any such member not exceeding two days' pay; and such officer may order any person committing
a Special Magistrate or two Justices to anawer for such bread, to be arrested and kept in custody until he shall be brought before a breach of the general rules a11d regulations hereinbefore mentioned which sha.11 be within tl~rce days from the day of wrest.

PART 111.

RESERVE MILITIA.

Reserve Militia Forae

mav beraisedin caseof	53. The G overnor may-
imhinent danger, &c.
(a) In case a sufficient number of persons within the said province

do not volunteer to complete the Militia in this said Act

authorised to be raised; or

( b ) In case of actual invasion or of the imminent prospect

thereof', or of imminent danger to the interests of the said

province : From

49v & 50' VICTORIB, No. 390. 19

The Defence Forces Act.- l ti86.

From time to time, call together, raise, organise, arm, equip, drill, train, eud exercise a Reserve Militia, composed of such persons and in such manner as liereinafter directed. PART ~ r r.

eighteen and forty-fivc, fit mtl able to bear anus, who shall have in Reserve Militia. 54. Every male inhabitant of' the province, between the ages of Persona liable to

reiided in the said province for a period of six calendar montl~s,

and not exempted by the Fourth Schedule hereto, shall be, and

he is hereby declared to be, liable to serve in the lteserve Militia

to be raised under this Act, either personally or by sub~tit~ute, when

called upon by virtue of any of the provisCons of this Act:

Provided that-

(1) No person shall have the benefit of exenlptioti unless he

proves his right thereto as laid down in this Act:

(2) When exemptioi~ is clainled, the burden of proof shall be

upon the claimant:

(3) Exemption shall not prevent any person from serving, if he

desires it, and is not disabled 'by bodily iilfimity.

55. The male population liable to serve in the Reserve Militia CIassaa o f p e s 8 0 ~

shall be divided into t ime classes, as follows :- liable to serve,

The first class shall comprise all men of the age of eighteen years and upwards, but under thirty years of age, who are unniarried or widowers without children:

The second class slmll coluprise all men of the age of thirty years and upwards, but urlder forty-five years, who are unularried or widowers without childre11:

The third class slid1 comprise all men i)f the age of eigkeen

years and upwarcls, but urider forty-five years, who are

married or widowers with children:

And whenever it is necessary to cell upon men to serve iii the

Reserve Militia t h y shall be called out in'tlie order aforesaid.

Mode qf' Raising Beserve Hilitia.

56. The Govenmr luny from time to time, whe~r necesssry, E m l n ~ e n t to ba mad.

appoint pers~ns, to be called " Enrolment officers," for all or such by Enrolment Officer.

one or more of the districts or sub-districts as proclairued and

constituted under this Act, as 11e may think desirable.

(1) The enroln~er~t of rneu shall be made in cnch district and sub-

district by the ~nrolmeht Officer therefor, at such time or

times as may be appointed by the Governor:

(2) Each Enrolment Oflieer shall, by actual inquiry at each house in his district or sub-district, if necessary, or by any other means in his power, make and eomplet~ fro111 time to time, and at all times keep a correct roll, itr a form

prescribed

49' & 50" VICTORIE, No. 390.

The Dejence Fouces Act.-1 886.

PART IIT. prescribed, of the names of all the men resident vithin his district or sub-district of such one or more of the class& hereinbefore defir~ed liable to serve in the Reserve Militia, as may be directed, specifying their ages and condition, and those who are bond Fe members of the Permanent Military Force or the Militia, or efficient members of the Volunteer Force:

(3) Such roll shall be made out in duplicate, and one copy shall be forwarded without delay to the Commandant:

(4) The roll shall be prim& facie evidence of the particulars con. tained in it, and the persons enrolled shall be liable to serve under the yrovisioils of this Act, unless exempted thereby.

Householder to givo

information to Enrol- 57. Each master and tnistress of any dwelling-house, whether a

mcnt Officer.	licensed public-house, boarding-house, lodging-house, or private house, shall, upon the applicati& of any Enrolment Officer, give all such information as to names, ages, qualificstions, and liability to serve in the Reserve Militia of all persons residing or lodgiug in such housc, as such enrolling officer may demand and such master
or mistress shall be able to give.
Governor to fix num-

ber of men to serve, 58. When the occasion arises, the Governor may fix the number

m d apportion quotas	of men to be raised, and apportion the quotas to be furnished by
for varions ciistricta.	each district or sub-district.

Balloting.

Xumber to serve to

be determined by 59. (1) Whenever the Governor shall fix the quotas of men in

ballot.

any district or sub-district, thc nun~ber to serve shall be dctermined bf ballot amongst those men enrolled in thc district or sub-district within which the quotas have been fixed.

(2) When a ballot is taken the men taken or accepted and

enrolled for service shdl be attached to such corps as the Goveruor

may order.

Ballots shall be taken it1 the prescribed manner.

nrerlshallbebaUotea

for in order of classes. 60. When a ballot is taken the men enrolled in the first-class

and liable to serve shall be first balloted.

If the nuniber of men required to be balloted is greater than the

whole number of men in tlic first-class, then the number required

to make up the deficiency shall be balloted for from those in the

second- class.

If more men than the whole number in the first and second-class

are still required, then the number requisite to makc up the

defi~iency sk~all be balloted for from the third- class.

Prcviso as to sons of

one family. ,It no time shall more than one son belonging to the same family,

residing in tho same hsuse: if nlorc than one are inscribed i11 the

roll

49' & 50' VICTOKIE, No. 390.

The Defence Forcm Act.-1886.

---

PART m-

roll, be drawn, unless the number of nnnics so inscribed is otherwise

insufficient to complete the required proportion of servicc men.

61. Any man balloted for s e r~ i ce may at any time secure ~ ~ ' ~ ~ $ b s f O r

exemption ustil again required to serve by furnishing an acceptable substitute of his own class on or before the day fixed for joining the corps for which he is balloted; but if, duAncr any period of service, m y man who is serving in the Reserve MZtia as a substi- tute for mother becomes liable to service in his own person, he shall be take11 for such service, and his place a s substitute shall be supplied by the man in whose stead he was serving.

C

62. If any Quaker shall be chose11 by ballot to serve in the EnroIment Officer may provide substi-

Reserve Militia, and sllall refuse or neglect to nppear to take the ,",	f,	pWkorn.
oath or serve in the Reserve Militia,, or to provide 2% substitute to serve in his stead, then the Eurol~nt?lit Officer fi>r thc district or sub-district within nrllich such Quaker sllall liavc beeu balloted, may, if he think proper hire a substitute.
Such Enrolment Oficer may by warrant under his hand levy, by distress and sale of the goods and chattels of such Quaker, the sum
of money paid for the providing and hiring of such substitute,
rendering to such Quaker thc surplus, if m y, after deducti~ig the charges of such distress and sale.

If no sufficient gonrls and chattels s l d be found to levy, x i~d it

shall nevertlleless appear such Quaker is of' sufficient ability to pay such sum, he shall, on sun~nlary convictio~:. incur n penalty not exceeding Fifty Pounds with or without imprisonment for a n y term not exceeding three mollths, unless hc shall have sooner paid the said sum.

63. Every offreer 011 11is being commissioned and evcry man on ~ ~ ; ~ ; t ~ ~ ~ ~ ~

his being drawn by ballot to serve in the lieserve Militia, shall scribememorandurn,

to the religious belief' of such officer or man, uulawfui, sliall make	severally take thedoath, or if the taking of an oath is, acc&ding
the declaration in the Fifth Schedule lmeto, and ~ l ln l l tlierenpo~i
become s member of the Reserve Militia.

!

Clothing, Arms, and Accoutrements.

64. The clothin!g, awls, 2nd accoutrements of the Reserve Clothing, arms, and

Militia shall be as from time to time prescribed, and s l d l be accoutrements. provided by the Government.

The same shall be issued, distributed, and returned into the

Government Store as prescribed.

Pny and Allowances.

65. The rates of pay and dlowances of the several ofic:ers, Ratesof W and allowances.

non-commissioned officers, bandsmen, and private men, buglers, drummers, and trumpeters of the Reserve Militia, while employed

in

49" & 50" VICTORIA3, No. 390.

-

The Defence Forces Act.-1886.

-I

I'mr "I. in drill exercise or training, shall, subject to the rcgulations, be for escll day at the same rate as allowed to thc illembers of the Militia according to the rates set forth in the Second Schedule hereto.

Enrolment qf' Servants.

Enrolment of ser-	68. An eni-oln~nt	of any servant as a Reserve militiaman, by
vant not to vacate

contract ~ i t h his virtue of this Act, shall not alter, vacate, or rescind any contract or - -

master, unless called

out for actual service. engagement betwken such servHnt and his master, dunless such servant shall be called out as a lieserve inilitiamari for actual service under the provisions of this Act.

O f i c e s und Penalties.

Refuging ~qu ired h- 67. (1 ) Any person of whom illformation is required by any En-

formation, or giving rolment Oficer, in order to cnable hini to comply with the provisio~l~

fdse infomtion. L "

of this Act, whb relhses to give such information, or false in-

forn~ation, shall be liable to R penalty not exceeding Five Pounds for each item ot'inforinntion demanded of him and falsly stated, and

the like sum for each individual nanm that is refused, concealed, or

fi~lsely stated, and every person who refuses to gripe his own nan~o

or proper information when npplicd to as aforesad, or gives a false name or information, shall be linble to a, penalty not exceeding Five Pounds.

Refusing to make

enrolment or ballot.	(2) Any person appointed in that behalf who refuses or neglects to make any enrolment, or' ballot, or to imkc or transmit, in the prescribed ~innriel; any 'prescribed roll, or return, or copy thereof, shall be liable to a penalty not exceeding Fifty Pouiids for each offence.
Men drafted ref using
to be sworn, &C.	68. Any man drafted, or 1i:tble to Fc draftcd, for service in the Reserve Militiai who refuses or ncglects to take the oath or declara-
tion when tendered to him by n- ast tire of the Pcncu, or by the
couirnanding officer of the corps to which such ~ n a o is attached, or
which he is required to join, sllall be guilty of a iuisdememor, and
shall be liable to in~prisormeut, with v r w i t h u t hard labor, for a
Penalty.
period not exceeding twelve unoutl~s, and fbr evcry subsequcnt neglect or 'ef~~sal to make or take such ontll or drclarwtion, sllnll h: guilty of n misdemeanor, and shall he liable to a further imprison- ment, with or without liarcl labor, not exceeding two years.
Personating on

parade. 69. Any officer or man, or any person whomsoever, who fdsely

personates mother at any parade, or on ally other occasiou, for m y

of the purposes required by this Act, shall be guilty of a roisde-

meanor, and to be imprisoned, with or without haid labor, for a

period not exceeding six calendar months.

Rwbting draft, &c. 70. (1) 9 n y person who -

(1) Resists nny balloting or cillling-out of men enrolled u d e r

this Act; or

(2) Counsels

The Defence Fowes Act.-1 686.

In*

(2) Counsels or aids any person to resist any such balloting or calling-out, or the perfbrrnaoce of any service in relation thereto; or

(3) Counsels any nlan balloted or enlisted not to appear at the

place of rendezvous; or

(4) Wilfully dissuades any man balloted or enlisted from the performance of m y duty required by law of members of the Force; or

(5) Does any act to his dctrirnent in consequence of his having

performed any such duty:

shall be liable, on sumlmry couviction, to a penalty not exceeding

Twenty Pounds, with or witllolnt iroprisonineut, for m y period not

exceeding six months.

(2.) Any person who-

(1) Procures or pcrsuades any illail who has been enlisted to offeneeaconneoted

serve h1 any corps to desert; or with desertion.

(2) Attempts to procure or persuade any such man to desert; or,

(3) Knowing that any such nman is about to desert, aids or assists

him in deserting; or

(4) Knowing any such man to be a desertel; coi~ceals such man,

or aids or assists him in canceding hin~selc or aids or

assists in his rescue:

shall be guilty of a miderneanor, and shall be liable to be im- Punishment.

prisoned, with or without hard labor, for any period not exceeding

six months. t

PART xv,

PABT IV.

VOLUNTEER FORCE.

Constitution qf the Force.

71, The Volunteer Force shall coilsist of all officers cou~nlis- Volunteer Force.

sioned to the Force and of all volunteer corps authorised by this Act, arid of any Volunteer Reserve Corps that may be forrncd k d e r regulations to bc made in pursuance of this Act.

72. The several corps of the Volunteer Force shall have such P r e ~ e d e n ~ e ~ f v o l ~ n - teer Force amon~at

precedence, as regards one another, as shall be prescribed. themselves,

73. The several corps of the Volunteer Force may be raised, C o v m a ~ be

enrolled, organised, trairied, aod located in such manner as regards manner, organised in such

drill and discipline, and in such districts and mb-districts, as may byreguhti0m*

be prescribed.

74. The term of service in the Volunteer Force shall be Termofservice.

for such period as the volunteer may wish to serve, until

he

49' & 50" VICTORIE, No. 390.

F

Ilhe Defence Forces Act.-1886.

PART	he sllsll have attained the age of fifty years: Provided that no
member of the Volunteer Force sliaIl be entitled to retire there- from until after the expiration of three calendar months from the date of written notice of the giving by him to the Comn~andant of his intention so to do.

Formatioa of rolun- Formation of' Corps.

75. Persons between the ages of ei@teen and forty-five gears

teer O O ~ P B.

inclusive desirous of forming themselves into a volunteer corm. shall I I -----

severally take and subscribe the oath, or, if the taking of an oat11 is according to the religious belief of such persons ~mlewl'ul, shall make the declaration and s i p a memorandum in the form in the Sixth Schedule hereto, provided that the number of such persous, exclusive of officers, be not less than thirty for an infantry volunteer corps, or less than eighteen for a mounted volunteer corps:

8pecinl staff corps or other exceptional corps may, however, he

of such number as prcscribed.

Every such oath, or declaration, and memorandum shall be for- warded to the Commandant, who, if satisfied that the same is regular and satisfactory, shall forwi~rd tlie same to the Minister for ap- proval of the Governor.

If the Governor approves tbcreof, notice of the formation of the

corps shall be published by tlie Conlolandant in the Government Gazette, and after SLLC~I publication the corps shall be deemed to have been duly formed and enrolled for the purposes of this Act, and the production of a copy of the Government Gazette purportiog to contain sucb rlotice shall be conclusive evidence t,hereof.

Boys. 76. Boys between fiftcen and eishteen years of age inclusive may also be enrolled for volnnteer corps as trumpeters, buglers, drummers, or musicians, subject to regulations.

Members Joining Corps after Fo~*matl;on.

Membefs joining a

volunteer corps 77. Every person desiring to join a volunteer corps after the

alreadv formed.

formatiou thereof must be betweeil the azes of' eighteen and forty- five, and shall take and subscribe an 0211, or, ifYtho takinq of & oath is according to the religious belief of such person uthawful, shall make the declaration in the form contained in the Sixth Schedule to this Act, and such oath or declaration shall be for- warded by the commanding officer of the corps to the Cornman- dant, who, on being satisfied that the same is regular and satisfactory, and that the subscriber is a fit and proper persou to be a member o f such volunteer corps, shall enter such person on the liat of lnernbers of such corps.

commmdanttOkOep

list of members of 78. (1) The Commandant shall cause a, list of members of

U	.	every corps to be kept in the form and containing the particulars
set forth in the Seventh Schedule to this Act.

(2) The

49" & 50" VICTORIZ, No. 390. 25

The Defence Forces ,4ct.-1886.

(2) The production of such list, or of a copy of one certified under the hand of the Con~mandnut, sllall be conclusive evidence of all matters stated therein, and required to be inserted iu thc list.	' A R T IV-
(3) No volunteer corps shall be recognised for any of the pnr- poses of this Act unlcss formed and cnrollcd pursuatit thereto, nor shall any person he recognised as a member of the Voluilteer Force
for any- of the purposes of this Act unless his rlame shall appear on
the list of members thereof.

(4) The Commaudant may cancel or correct any entry io the list of members of anv corns wllicli may be made bv nlistalre or improperly, and may, the'application i f any voluntekr, forwarded through the officer commanding the corps, if he be satisfied with the reasons given, transfer such volunteer from one corps to another,	Eat of
and alter the lists accordingly.

79. The Coninlandant shall, on demand and on payment of the Commandant to grant certificate of member-

sum of One Shilling, cause to be issued to any nlenlber of a ship on demaud.

volunteer corps a certificate of ~neruberslliy under his hund in the

form containid iin the Eighth Schedule herkto, and such certificate

shall be primd fncie evidence of the membership stated therein.

80. Tllc Comn~andmt may expel any voluuteer who shall bc Expu ld~n f rom Force.

guilty of any illfri~ction of tllc l~rovisioi~s of this Act, or of any

re$ations, or who, in the opinion of the Conlmaudaut, sllall have

shown binlself to be unfit t*. be a voluuteer.

An appeal from the decision of the Conlmamlailt expelliug such volunt~ei* shall lie to the Governor witllin tweuty-one clays after such decision, aud the Goveriior may cancel or confirni such decision.

011 the expiration of the time for sppcaling, or if on appeal the

decisioil be confirii~cd, notice of such expulsiol~ shall he published

by the Conlmandant in the Gocernrnent Gazette, mid after such

publication the volunteer shall be deemed to be duly expelled and to forfeit all benefit of this Act.

81. 011 the recoinri~enclntion of the Commandant the Gov&riior Ihbandment of volunteer corps and

may, by Proclamation publisllcd in the Governme~tt G~zette,	disband Volunteer Force.
any volunteer corps-

(1) For any i~ifraction of any provision of this Act, or of any

regulation:

(2) If the nunlber of voluntecrs in the corps be reduced below the number laid down by regulation.

The Governor may, by Proclan~ation published in the Govcm- merit Gazette, for any good or mfficieut reasou, disband thc Voluu- teer Force or any corps thereof:

After the publication of such Proclamation, the Volunteer Force

or corps disbanded shall forfeit all the benefits of this Act, allcl the

D-390. productioil

26 4g0 & 50" VICTORIW, No. 390.

The Defence Forces Act.-2 886. -

-

PAX' Iv-	production of a copy of the Government Gazette purporting to con. tain a copy of such Proclamation of disbandment shall be conclu-
sive evidence thereof.

Expelled volunteer 82.

No person expelled from the Volunteer Force under the pro-

visions contained in this Act and a member of a corps disbanded

under the provisions of this Art for any infraction of aby

of this Act or of any regulation shall be re-enrolled in any volun-

teer corps, save by special permission of the Governor, obtained

through the Commandant.

not to be re-enrolled.

Cemr of member-

sJlip.	83. No volunteer having become a member of a corps, shall cease to be a member thereof unless struck off the list of members of the corps by the Commandant.
No volunteer shall be so struck off except in the following cases :-

(l) On attaining the age of fifty years:

(2) On the expiration of three calendar months after the volunteer,

being of any other age, shall have given written notice to

the Commandant of his desire to retire:

(3) If the volunteer shall be transferred to another volunteer

corps:

(4) If	a volunteer change his domicile so as to be out of his sub-
district: *

(5) If a volunteer is absent three months from the sub-district

of his corps, unless specially allowed to remain in the

Force by the Commandant:

(6) If he become physically unfit for service, or reported by his

commanding officer to the Commandant as n useless

member of his corps, or as wilfully absenting l~imself

from drill, and if on such report the Commandant thinks

advisable, to strike him off:

(7) If the corps to which a volunteer belongs is disbanded, or if

the whole Volunteer Force is disbanded under the pro-

visions contained in this Act:

(8) If expelled in accordance with the provisions of this Act.

Oflcers.

Appointment of

0BceTa.	84. Commissions may be granted by the Governor, on the recommendation of the Commandant, to such and so many officers
to the volunteer corps as may be deemed expedient:
But upon the original formation of any corps the proposed officers therefor may be nominated by the proposed corps through the officer in command of the district or battalion to which the corps is to belong, for the approval of the Commandant, and tllc proper authority may appoint them or not at pleasure.

vnifo;;,

49" & 50' VICTORIK, No. 390.

The Defence Forces Act.-1886.

Uniform, Rtjfe, and Ammunition.

85. Every volunteer shall be provided by himself or at Ihe Uniform+

expense of his corps with a distinctive uniform as prescribed,

and must wear the same as prescribed,

equipmellt as may be prescribed shall, subject to regulations, be and arnmuntion. 86. For every volunteer a rifle and such accoutrements and Rie accoutrements

issued to his commanding officer on loan for the use of such volunteer. And there shall be sindarly issued for every volunteer annually one hundred rounds of rifle ammunition, and such further supply, if any, and on such terms, i~icluding payment, as may be prescribed.

87. Every volunteer reasi~ig to be a member of the Volunteer surrenderof armsand

Force under tlie provisions of this Act, or if ordered so to do by ammunition.

his comniauding officer, or any officer deputed by the commandant,

shall deliver up to his commanding officer, or to such person as

shall be appointed by the Commanda.nt, the rifle, arms, accoutrc-

ments, equipments, and unexpended arnmuuition, as well a s any

other articles in his possession, the property of Her Majesty's

Colonial Government of South Australia.

88. (1) Any other property of Her Majesty's Colonial Govern- may Qovemmnt be lent to property corps

ment of the said province may be lent to any volunteer corps subjecttoregul&ions.

subject to regulations:

(2) If any such property shall be d~mageed or destroyed, the ~f destroyed, same damaged the or

Minister may call upon the commanding officer for the time being Minister may sell

of the corps to whom such property shall have been lent for an ~ ~ t { ~ ~ ~ $ ~ ~ ~ ~ ~

exdauation. and if the same shall, the opinion of the Minister. good the same.

be'unsati~fictor~, the Minister shal'l fix the ;mount of the damage td

or value of such property, and may sell at such times and in such

manner as he deems advisable the whole or any portion of the private property of such corps, and shall deduct from the proceeds

such damage or valuc, and shall pay the surplus, if any, to the

of any such sale the costs and expenses thereof, and the amouut of

person for the time being entitled to hold the property of the corps

in trost for such corps:

(3) The amount of such damage or value shall, from the time the same shall be fixed by the Minister, be a first charge upon the then private property of any corps liable to make good the sarlie, into whosesoever hands the same may come or be.

Brill and Prizes.

Every volunteer shall attend the number of drills prescribed, which shall not be less tban twelve nor more than fifteen, including two battalion drills and one inspection in each year, unless prevented	and inepection.
by illness, absence with leave, or some other reason to the satisfac-
tion of the Commandant.

89.

Such

4 9 O & 50' VICTORIE, No. 390.

-

The Defence 3orces Act.-1886. -

PART IT. Such drills shall be held at such time and place as may be directed by the conmanding officer, subject to regulations; and every volunteer shall, when required, but not oftener than twice in every year, parade for the inspection of the Commandant, or such officer as he may depute, subjkct to regulations, to carry out such inspection.

Efficients and extra- 90, A standard for efficient volunteers and for extra-efficient

efficicnts.	volunteers shall be fixed by regulation.
For every volunteer qualifying as efficient the sun1 of Thirty Shillings if a member of a disrilounted corps, and the sum of Forty Shillings if a member of a mouiited corps; and for every volunteer qualifying as extra-efficient the sum of Fifty Shillings if a member of a dismounted eorps, and the sum of Sixty ~ h i l l i n ~ s if a member of
a. mounted corps, shall, subject to reg~ht ion, be paid a~lilually
to the commanding officer fo; the benefit of the corps to which the
volunteer belongs.

Prizes. 91. If there be five hundred efficient volunteers in the Force, a

sum of One Hundred and Fifty Pounds slrall be annually set apart

subject to regulation, to be applied to prizes to volunteers for rifle

shooting, and for every bundred ef i ien t volunteers, above five

hundred, the sun1 of Thirty Pounds shall be siolilarly set apart.

o f f e n c 0 s m ~ b e d e -	92* Offences of members of	the Volunteer Force (other than
fine3 by regulations.

those provided by this Act with respect to nlenib~,rs of the Voluhteer Force when called out by proclan~ation for actual service, or those provided by Part I. of this Act as general to a11 the Forces), and the punishmcnt thercof by fine or irnpriso~rneut, shall be fixed by regulations; but no fine for such ofl'ences shall exceed Five Pouacl~,

and no term of iriiprison~ucnt shall exceed fourteen days.

NATIONAL RIFLE ASSOCIATION,

Etitab~ishment of 93. A Rifle Association shall be formed under this Act for the purpose of encouraging rifle practice throughout the province, t o bc termed (: The South Australian National Rifle Association," and

N~tional	Rifle Assocci-
ation.

it shall not be lawful for ally other association to assume such

title.

The association shall be governed and regulated by rules adopted on the forn~ation thereof, or snlsequontly made or altered in rnauner

hereinafter provided for.

Composition of.

94. The associatioil shall be composed of-

(a) Ally rifle clubs, the members thereof being members of the

Forces

49" & 50" VICTORIW, No. 390.

The Defence Forces Act.-1886.

Forces, subject to regulations of the Militia and Volunteer	y*
Forces under this Act :

( h ) Of individual riflemen of the Forces joining the Association

under the rules thereof.

95. The Association shall, subject to such rules and any regula- o~remmt of.

tions to bc framcd under this Act, be managed and governed by a

council, to be appointed annually.

The members of the council shall be annually selected as under-

( a ) The Commandant and'the Deputy Assistant Adj utant-General '

(or Acting ~ e ~ u t ? '	Assistant Adjutant-General), ex ofic io
members:

( b ) One member to be nominated by the commanding officer of each squadron o f cavalry or battery of artillery of the Forces of the colony:

( c ) Two members to be norninatcd by the commanding officer of each infantry battalion of Militia or Volunteers, or by the commanding officer of a Volunteer district.

Any casual vacancy occurring in the council at any time during any year shall be supplied until next aunual appointment of members of the council as prescribed by the rules thereof.

The collncil may elect patrons and vice-presidents, and shall

appoint a president and an executive committee, as well as a secre-

tary and treasurer out of its own body.

The council shall decide upon all questions in the manner prescribed by the rules.

thereafter, make, alter, enlarge, or correct rules for the association, g$, The council may, on its formation, ancl from time to time Rules.

which shall be forwarded to the Commandant.

Such rules, or amendments thereof, shall have no force or effect ~mless and until approved of by the Governor, and published in the Government Gaxetie. PART VI, PART VI.

MISCELLANEOUS.

Legal Proceedings except when Forces called out fir Actual Service.

Every proceeding under this Act for anything punishable on summary conviction or to which any penalty is attached by this Act, or by any regulation to be made thereunder, may be had and taken before, and be heard and determined in a summary way by, any Special Magistrate or two Justices of the Peace under	R e o o v e ~ o f	penalties.
the provisions of an Ordinance of the Governor and Legis-

97.

lative

49" & 50' VICTORIW, No. 390.

The Defence Forces Act.-1886.

-

PART	vr.	lative Council, No. G of 1850, intituled " To facilitate the performance of the ciuties of Justices of the Peace out of Sessior18 with respect to summary convictions and orders," or of any Act now in force or hereafter to be in force relating to the duties of Justices of the Peace with respect to summary convictions and orders.
All convictions and orders made by such Magistrate or Justices may be enforced as in the said Ordinance? or in m y other Act as ahresaid, is or shell be provided.
98. There shall bc an appeal to the Local Court of Adelaide of Full Jurisdiction only from every conviction by any Special Magis- trate or Justices for any offence against this Act, and from every dismissing any information or complaint, or from any other ordcr made by such Magistrate or Justices under this Act.
The proceedings in such appeal shall be conducted in manner appointed by the said Ordinance, No. 6 of 1850, for appeals to Locd Courts, or any Act now or to be hereafter in force regulating or affecting such appeals, and the Local Court of Adelaide afore- said shall also have power to make such order as to the payment of the costs of the appeal as it shall think fit, although such costs may exceed Ten Pounds.

Property of Corps.

Veeting property of

corps and association 99. Wllere any money or other real or personal property what-

and clubs.	soever of any corps of the Forces, or of the South Australian National Rifle Association, or of any Rifle Club, or Defence Rifle Club formed under this Act, is not vested in trustees, the same or such
part as shall not be so vcsted sllall be deeuied to be vcsted in the
commnnding?fficer for the time .being of such corps, or the council of the Association, or captain of such Rifle Clubs respectively, and his and their successors in office for all purposes of any proceeding, criminal or civil, at law or in equity, and shdl for such purposes be deemed to be his or its property, and may be so laid in any such
proceedings.
No such proceedings shall be discontinued by the death, resigna- tion, or removal of a conirnnnding officer, council, or captain, but may bbc proceeded in by the succeeding commanding officer, council,
or captain.

Proper@ of disbanded 100, Any money or other real or personal property whatsoever

corpe, meociation, or which at the time of the disbandment of any corps of the Forces to

~ ~ h ~ ~ ~ f i ~ club,

howdispondof-	be hereafter disbanded, or which at the time of the dissolution of
the said National Rifle Association, or of any Rifle Club, or
Defence Rifle Club, was subject to any trust for the benefit of the corps, Association, or Rifle Club respectively, shall be disposed of by the person or persons, or eoancil, or captain in whom the same is vested, or shall be deemed to be vested, as may
be determined in manner hereinafter mentioned :-

(l) A

49" & 50" VICTORIA$ No. 390.

The Defence Forces Act-1886.

(1) A meeting of the persons wlm were niembcrs of the dis- banded corps or Rifle Club at the time of the disbandment or dissolutibu thereof, shall be summoned by the last com- manding officer of the corps, or captain of the club, or, iu the event of his death or absence from the province, by the officer comnlanding the district to which such corps be- longed, or in which such Rifle Club is principally situated, by advertisement in some paper circulating in such dis- trlct, such advertisement giving not less than fourteen days' notice of the meeting, and stating the purposes thereof:

P ~ m

(2) At such meeting a majority of such of the persons present who were members of the disbanded corps, or of the dis- solved Rifle Club at the time of the disbandment or disso- lution thereof, and entitled to vote at its meeting, shall decide in what manner and for what purposes, public or private, the said money or property shall be disposed of:

( 3 j I n the eveut of the dissolution of the association, the council

for the t h e being at the time of such dissolution, shall decide i11 what manner and for what purpose, public or

private, the said n~oney or property shall be disposed of.

101, Notwithstanding anythiilg contained in the Military Staff officer8 and

officers of the Militia

Force Act, 1878," or the Army Act, such of the staff officers of the .,, below the rank of

Forces, and such officers of thc Militia not bclow the rank of cap- captain may be	appointed by the
tain, as the Governor may from time to time appoint for that purpose,	G overnor to servo in

for the trial of, or in relation to, any " member " of' the South the Permanent Force.

Australian Military Force, as defined by the said "Military Force

shall be competent and qualified to serve upon any Courts-Martial appointment of any officer to scrve on Courts-Martial shall be con- &sive evidence th& he is properly appointed and duly qualified to act as a member of any Court-Martial.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

WM. C. F. ROBINSON, Governor.

SCHEDULES.

49" & 50° VICTORIAZ, No. ;3go.

The Dejknce Forces Act. -1886.

-

FIlLST SCHEDULE.

" The Defence Forces Act, 1886."

Date when Act assented to

aild Number of Act. Title of Act.

-

December 4th) 1854, NO. "An Act to organise and establish, a Militia Force in The whole.

9 of 1854. South Australia."

September let, 1859, No. / " An Act to amend an Act No. 9 of 1854, intituled ' An The whole.

16 of 1859. Act to organise and establish o Militia Force i n

I South Australia ' "

March 16th, 1866, No. L The Volunteer Act, 1885-6." Tho whole.

58 of 1866-6.

Janaary l l t h, 1867, No. ' An d c t to arueud ' The Voluntccr Act, 18G.5-F.' " The whole.

19 of 1866-7.

November 3uth, 1878, No. l , ' A n Act to orgauiso Rifle Companies and encourage their formation, and to establish a National Rifle Association." The who10

118 of 1878.

August l l t h, 1880, No. "An Act to a~nend the Volunteer Act, 1865-6, the The whole, ex-

169 of 1880.	Rifle Compatrics Act, 1678, and the Military Force	cept so far
Act, 1878."	us the same aft'ects t h e
M i l i t a r y
F o r c e Act, 1878.
Local Forces Act Amendment Act, l881 ."	The whole.

November li'th, 1882,No. ' l Local Forces Acts Further Amendment Act, 1882." The whole, ex- as the same a f f e c t s the M i l i t a r y F o r c e Act, 1878.

261 of 1882.	cept so far
SECOND

49" & 50" VICTORIE, No. 390 ---. - - -_ _ -_ - ---

The Defence Filrces Act.-l 886.

--.. -. - - -- -

Sections 18, 47, and

65.

'Slnp pqunom

uo	Lllsnlau	u a t p	01	1	I
. I

-a.raqr IIJII!IUJ uam .to s.raa ;R' u5- cl

-WO a ~ j a o u u ~ o l p a8a.xo.q I

-- ._____p----.

p q p s a r d aq dam s y I

49' & 50' VICTORIE, No. 390.

The Defence Ijurces Act.--1886.

THIRD SCHEDULE.

Oath or Declaration to be taken 6y Militiamen on Enrolling or R e - e n r ~ l l i n ~,

SOUTH [Royal Arms] A u s r ~ a ~ r a.

1, of [enter here occupation or calh'fig]. do smear [or $f the

takilzg of nn oath is according to the reliyinus helief of the nzilitiamen utrla~q5ul do solemnly, sincerely, and truly declare] that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs and successors according to law, and that

I will faithfully serve as a member of the Active Militia Force

corps or re-engaged corps, ior a p e r i d (or further period, as the case nzn!,

he) of three years, purwant to the Defence Forces Act, 1886, unless I be previonply

discharged.

So help me God ! [omit this g a declaration is taken]. ,

[Signature o f man in frdl.]

I, the said , further swear (or solemnly, sincerely, and truly

declare, as the crtse may be) that my age is gears and months.

So help me God ! [omit this if a declaration is taken].

[Szjl~aiure in full1

Sworn (or declared, as the case may Eej at this

day of 18 , before me.

[Signature o f J.P. or Znrolling OJicer.1

N.B.-I certify that this man is feet inches in height, and

inches chest measurement, and that he is fit for service in the Militia.

[Signature:, Medical Officer,

FOURTH SCHEDULE.

The following persons only between the agcu of eighteen and forty-five years shdl be exempt from enrolment, and from actual service at any timc in thc Reserve Militia :-

(a) The Judge# of the Supreme Court of South Australia: .

(h ) The members of the Executive Council:

(c) The members of the Legislative Council:

( d ) The membere of the House of Assembly:

(e)	The officcrs of the said Council or House:
( f )	The Commissioners of Audit, Secretaries and Under Secretaries, and the heads

of every Government department:

( g ) The Commissioner of Insolvency, and all Local Commissioners of	Insolvency:
(h) The Public Trustee:
(a) Special Magistrates:

( j ) The clergy and ministers of all religious denominationn who &all for the

time being be officiating ministers within the meaning of a The Marriage

Act, 1867 ":

( k ) The warders, keepers, and guards of every public prison, and the officers, keepers, and guards of any public lunatic asylum, and all officers, atten- dants, and servants in any public hospital:

(I) The professors in any college or university, teachers of schools actnally engaged

in teaching: ( m ) All

No. -- -U-- - - -p

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The Defence Forces Act.-1886.

(m) All ~heriffs, troopers, constables, and o ~ h e r peace officer8:

( n ) All legally-qualified medical practitioners actually in practice:

(0) Seafaring men (other than rvatermen and boatmen) actually engaged in then

calling:

( p ) Every member of the Permanent Xlilitary Force, and of the =litia, and every

efficient member of the Volunteer Force:

(p) Every member of the Naval or N a d Reserve Force of the province:

(I.) The only son of a widow, being her only support:

(S) Persons disabled by bodily infirmity, such infirmity being duly certified by a

legally-qualified medical practitioncr upproved by the Governor:

( 1 ) All aboriginal inhabitants nf the said province.

No officer on half pay who haq retired from Her Majesty's Military or Saval

Service, and no person who has served for a period of two years or more vs an officer in the Militia of the said province, or as an officer in the Volunteer Force of the said province, shall be required to sax-e in the Reserve Militia in n rank lower than that hc held in such respective Militia or Volunteer Force.

FIFTH SCHEDULE. Sec. 63.

Oath or DecIaratlbn to be taken by Reserve ilfilitiaman.

1, of do hereby swear (or, i f the haking o f

an onth i s, accordtn.q to the rrligious bsliej' of the recerve ntilitiarnnn, v~nlawjU, do solemnly, sincerely, and truly declare) that T will be faithful and bear true allegiance to Hcr Majesty Queen Victoria, Her heirs and successors according to law, and that

I will faithfully serve as a member of the Reserve Militia for such time as the same

hall remain embodied, uniess I shall be sooner discharged pursuant to the Defence

Forces Act, 1886.

So help me God ! [omit if declnmtebtr is taken].

[Signature of man in full.]

Sworn at (or, declared, us the cnse may be) this day of

18 , before me.

[Signature of J. P. or Enrolment Oflcer.1

SIXTH SCHEDULE. Sections 76 and 77.

(1.3

Oath or. Declaration to he taken by Intending Members o f Volufateer Pbrce.

SOUTH [Royal Arms.] AUSTRALIA.

1, of [enter here occtrpation or calling], do swear

(or, a$ the t a k i ~ y of an oath i s, c,ccordalty to the religious beiig o f the intowling member, unlanuf'ui, do solemnly, sincerely, and truly declare) that I will bc faithful and bear true allegiance to Her Majesty Queen Victoria, E e r heirs and auccessoru according to l ~ w, and that I will serve, if' approved of, as an enrolled member of

the	Corps of the Volunteer Force, pursuant to the
Defence Forces Act. 1586.

So help me God ! [omit i f declarlction is. taken].

[Signature of man in full.]

1, further swear (or, solemnly, sincerely, and

truly declare, as the case ?nay be) that my age is	years and
months.

So help rnc God ! [omit if declaration is laken].

[Signature in fulZ.I]

Sworn (W, declared, as the case may be) at this day of

188 , before me

[Signature of J. P. or Enrolling 0flt.er.l

N.B.-I certify that this man is , does not live more t h a ~

miles by road or

miles by railway from the head-quarters of the Company

or

49' & 50' VICTORIA?, No. 390.

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The Defence Forces ~d.-1 HAG.

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or proposed Company, or detached portion of the Company or proposed Compaoy, in the Sub-District No. of the District; that his height iu

feet inches, and his chest measurement inches.

Officer commanding

Troop or Company.

Section 56.

We, the undersigned, are desirous of forming a (dismounted or mounted, us the

case may he) Volwlteer Corps. to be called the	Volunteer Corps, pur-
suant to the Defence Forces Act, 1886.

Name of Subscriber. Address. Description. Signature. 1 Witness.

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p-- .~ P

--P-

Section 78

EIGHTH

49' & 50' VICTORIW, No. 390.

--

The D~fmce Forces Act,-1886.

EIGHTH SCHEDULE.

C7erta~cate of Membersh+.

Pursuant to the Defence Forces Act, 1 886: I certify that

is a member of the Volunteer Corps.

IMed this day of 18 .

, Commandant.

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Adelaide : By authority, E. SPILLER, Government Printer, North-ten-ace.