Military and Naval Forces Regulation Act (1871 No 10a) (NSW)

No. XIX.

An Act to provide for the Regulation and Discipline of the Military and Naval Forces in the service of Her Majesty's Govern­ ment in N e w South Wales. [10th May, 1871.]

Assembly of N e w South "Wales in Pa r l i amen t assembled and by the t he advice and consent of t he Legislat ive Council and Legislat ive au thor i ty of t h e same as follows :— BE

i t enacted by t h e Queen ' s Mos t Exce l len t Majesty by and wi th

1. This A c t m a y be cited as t h e " Mil i ta ry and Nava l Forces

Regu la t ion A c t . "

2. I n th i s A c t unless t h e contex t shall otherwise indicate
" Governor" means " Governor w i th t he advice of t he Execu t ive

C o u n c i l " — " Command ing Officer" t he " Officer in c o m m a n d of t h e

Mi l i ta ry or Nava l Forces engaged under th is A c t " — " F o r c e " — t h e

" Mi l i t a ry and Nava l Forces embodied u n d e r this A c t . "

3 . I t shall be lawful for t he Governor in t h e n a m e and on behalf of H e r Majesty to engage t h e services of and ma in t a in embodied upon t h e t e rms and conditions hereinafter prescribed such a n u m b e r of m e n to serve in t h e Mili tary and Nava l Forces of N e w South "Wales as t h e Pa r l i amen t thereof shall from t ime to t ime authorize and provide for A n d every m a n engag ing to serve as aforesaid and having t aken and subscribed t h e oath hereinafter provided shall thereupon and dur ing the cont inuance of his t e r m of engagemen t be subject to

t h e provisions of th is A c t and to t he regulat ions made the reunder .

4 . The oa th set forth in t h e first Schedule to th i s A c t shal l be

t a k e n and subscribed by every m a n upon engagement to serve in any Mi l i ta ry or Nava l Corps embodied unde r th is A c t before t h e Com­ m a n d i n g or o ther Commissioned Officer of t h e Corps in which he so engages such Officer hav ing himself previously before some Just ice of t h e Peace t aken t h e Oath of Al legiance to H e r Majesty contained in t he Promissory Oaths A c t of 1870 which first-mentioned oath hereinafter t e rmed t h e oath of engagement every such Officer is hereby empowered to adminis ter A n d every oath of engagemen t shall have t h e effect a t law of a wr i t ten agreement wi th H e r Majesty b inding the person t ak ing and subscribing the same to serve in t he par t icular force and in t he capaci ty for wh ich he shall have so engaged un t i l he shal l bo legally discharged or be dismissed or removed from service 0R his resignat ion shall have been duly accepted.

t e r m of service remain subject to t h e Queen ' s R u l e s and Regulat ions t h e Rules and Art ic les of W a r and to such o ther orders rules and regulat ions

5. Eve ry m a n who shall have t aken and subscribed the oa th of engagemen t as aforesaid shall dur ing his t e r m of service and un t i l such service be legally dispensed wi th r ema in subject if serving in the Mi l i t a ry Forces to t h e provisions of t he Imper i a l M u t i n y A c t in force for t he t ime be ing for H e r Majes ty ' s A r m y and if serving in t h e Naval Forces of t h e Colony (and whe ther wi th in t h e Colony or not) to the enac tments and regulat ions in force for t he t ime be ing for the discipline of H e r Majesty 's Navy A n d every m e m b e r w h e t h e r of the

Mil i ta ry or N a v a l Forces aforesaid shal l in l ike m a n n e r dur ing his

regulat ions of wha tever na tu r e or k ind to which H e r Majesty 's A r m y and N a v y are for t he t ime-being respectively subject so far as t he same are no t inconsis tent wi th t h e provisions of th is A c t and t h e regu­

lations the reunder .
G. The command-in-chief in H e r Majesty 's n a m e of t he said

Mil i tary and Nava l Forces is hereby vested in t he Governor or Officer adminis te r ing t h e Gove rnmen t of t he Colony who is empowered to exercise from t ime to t ime the powers following t h a t is to say—

(1.) H e m a y appoint t h e Officers of t he said Forces and issue Commissions unde r his h a n d and the seal of t he Colony to such Officers and may cancel a l ter or suspend such Com­ missions.
(2.) H e m a y ei ther in his own n a m e or by any person to w h o m

he m a y delegate his au thor i ty in t h a t behalf appoint t h e

W a r r a n t and Non-commiss ioned	or pe t ty Officers of t he said
Forces.

(3.) H e m a y fix t he scale of pay and allowances to be received

by all persons serving in t he said Forces b u t such pay and

allowances shall no t exceed the respective sums appropr ia ted

by P a r l i a m e n t for t h e said services.

7. The Governor m a y m a k e rules and regulat ions for t he

employment removal or dismissal of persons engaged to serve under this A c t for bi l le t ing cantoning and furnishing t h e m wi th conveyance and t ranspor t whils t on actual service and for t h e enforcement of order and discipline and general ly for t h e purposes of giving effect t o t h e provisions of th is A c t and m a y by such regula t ions impose fines for disobedience neglect or o ther violation of t h e same not exceeding t h e s u m of t en pounds for each offence a n d impr i sonment in default of paymen t no t exceeding seven days A n d such rules and regulat ions

shall be published in t he Government	Gazette	and be judicial ly noticed
by t h e J u d g e s in all Cour ts	whatsoever a n d be laid before	Pa r l i amen t
wi th in	fourteen	days after t he mee t ing thereof if Pa r l i amen t be t hen

s i t t ing and if no t t h e n wi th in fourteen days after t h e commencemen t

of the n e x t Session thereof.

8. I t shall be lawful for t he Governor from t ime to t ime to convene Courts of E n q u i r y and to appoin t any th ree or five Commis­ sioned Officers unde r this A c t to be a Court of E n q u i r y for t he purpose of invest igat ing and repor t ing to h i m on any m a t t e r connected wi th t h e government or discipline of t he Force embodied unde r this A c t or wi th t h e conduct of any Officer Non-Commissioned W a r r a n t or P e t t y Officer or o ther m e m b e r of t h e said Force and also to convene

a t any t ime and to delegate power to convene a Cour t -mar t ia l a n d

to appoin t any l ike n u m b e r of such Officers as aforesaid to const i tute such Cour t for t he purpose of hea r ing and de te rmin ing all offences commi t t ed agains t th is A c t or t h e regula t ions m a d e in pur suance thereof Provided t h a t it shall be lawful for t he Governor to appoint any Officer of H e r Majesty 's Navy in c o m m a n d of any of he r ships of wa r t hen being in Po r t J ackson to ac t as Pres ident of any N a v a l Cour t -mar t ia l a n d to appoint in every case one of t h e said Officers to be t he Pres ident of such Cour t of E n q u i r y or Cour t -mar t ia l who shall in every case forward the proceedings a n d sentences of t he Court to t h e Governor for confirmation and the same shall by h im be re tu rned on confirmation to t he Pres ident for t ransmission to and record in t he Office of t he At to rney General .

9. The regula t ions for t h e composit ion of t he said Courts of E n q u i r y and Cour ts -mar t ia l and the modes of procedure and the powers a n d privileges thereof shal l be so far as applicable those which m a y a t t he t ime-being be in force wi th respect to Courts of E n q u i r y and Cour ts-

mar t ia l in H e r Majesty 's R e g u l a r A r m y and N a v y respectively and

which

which are not inconsis tent wi th t he provisions of th is A c t and t h e regulat ions the reunder a n d t h e pay and allowances of officers and others a t t end ing such Courts m a y be fixed by regulat ions to be made by the Governor.

10.    N o m e m b e r of t h e said Force shall be sentenced to dea th by

any Cour t -mar t ia l except for m u t i n y desertion to t he enemy or for t rai torously del ivering u p to t h e enemy any garrison fortress post or guard or for t ra i torous correspondence wi th t he enemy.

1 1 . N o person engaged under th is A c t shall be ent i t led to any

pay or al lowances whils t in confinement unde r t he sentence of any Cour t or dur ing absence from d u t y wi thou t leave or unde r any charge of which he shal l be afterwards convicted by any Court .

12. Al l constables and peace officers arc hereby directed and required to t ake cognizance of any wr i t t en order unde r t he h a n d of a Command ing Officer unde r this A c t au thor iz ing the apprehension of any deserter or absconder from any corps or vessel raised or commis­ sioned unde r th i s Ac t and his conveyance to any place named in such order and to aid and assist in t h e execut ion of such order and to lodge any such deserter or absconder in some place of securi ty un t i l such order can be executed.
1 3 . Every gaoler or keeper of a prison or gaol is hereby directed and required to receive in to his custody any offender unde r sentence of impr i sonment by a Cour t const i tuted unde r this A c t upon delivery to h i m of a w a r r a n t of c o m m i t m e n t in t h e form set forth in t he Second Schedule under t h e h a n d and seal of t he Pres ident of t he Court or of a C o m m a n d i n g Officer A n d such gaoler or keeper shall keep such offender in a proper place of confinement wi th or wi thou t ha r d labor and wi th or w i t h o u t solitary confinement according to t he sentence of t h e Cour t and for t h e t ime specified in t he said order and shall also receive in to his custody any absconder or deserter upon receipt of an order in

wr i t ing to t h a t effect unde r t he hand of such Command ing Officer.

14. I f any Officer or member of t h e said Force shall be kil led
or wounded in ac tua l service or whils t on du ty t h e widow or family of

t he deceased or members so wounded shall be ent i t led to such pension

or g ra tu i ty as Pa r l i amen t m a y provide in t h a t behalf.

15. N o tolls or dues shall be demanded from any Officer or m e m b e r of t he said Force be ing on ac tua l du ty e i ther in respect of himself or of any prisoners under charge or of any conveyances or beasts of bu rden employed in t he service of t he said Force pass ing a n y tol l -gate tu rnpike- road br idge or ferry unde r a penal ty upon any

toll-collector demand ing or receiving any such toll or due of a sum no t

exceeding five pounds for every such offence.
16. A n y person falsely and wi th in t en t to defraud represent ing himself to be an Officer or member of t he said Force for t he purpose of evading p a y m e n t of any toll or due to which he would otherwise be liable shal l forfeit and pay for every such offence a s u m no t exceeding

five pounds .

17. A n y person not be ing a member of t he said Force who shal l be found wear ing t h e uniform or any pa r t thereof of any corps of the said Force shall for every such offence forfeit and pay a pena l ty not exceeding five pounds.

18 . A n y person who has ceased to be a member of t he said Force who shall refuse or neglect to give u p on demand of the Officer in command of t h e corps or vessel to which such person belonged all a rms accout rements ammuni t i on c lo th ing or appoin tments or any publ ic p roper ty in his possession or control shall forfeit and pay for every such offence a s u m not exceeding five pounds in addit ion to any other liability or penal ty he may have incurred in respect of t he re tent ion of any of t he said articles.

D 19.

19. A n y person who shall knowingly b u y t ake in exchange conceal or otherwise receive any a rms accout rements c lo th ing appoint­ men t s ammun i t i on or other publ ic proper ty whatsoever delivered to any m e m b e r of t h e said Fo rce for his use or t he use of any o ther m e m b e r thereof shall for every such offence forfeit and pay a s u m n o t exceeding

twen ty	pounds .
20. Al l m e m b e r s of t he said Force are disqualified du r ing their

t e r m of service from vot ing a t elections for t h e Legislat ive Assembly unde r a pena l ty for every act of vot ing or offering to vote of a s u m not exceeding t e n pounds or of impr i sonment not exceeding one week.

2 1 .    N o proceedings of any Cour t const i tu ted or appointed unde r

th is A c t shal l be set aside or deemed void for w a n t of form only or be

removed b y certiorari or otherwise in to t h e Supreme Cour t .

22. I f a n y ac t ion or suit shall be b rough t agains t any person for any ac t done or alleged to be done by h i m in pu r suance of t h e provisions of th is A c t he may plead in answer to such act ion or suit t h e genera l issue and give th is A c t a n d the special m a t t e r in evidence unde r such plea.

23 . Al l penal t ies incur red unde r th is A c t or regula t ions there­

unde r t h e mode of recovering which is no t hereinbefore specified shall be recoverable w i th costs in a s u m m a r y way before any Jus t i ce of t he Peace in m a n n e r directed by t h e Ac t s for t h e t i m e being in force regu la t ing s u m m a r y proceedings before Jus t ices A n d t h e convict ing

Jus t i ce m a y in default of immedia te p a y m e n t of any such pena l ty

toge ther w i th costs commi t t he person convicted and m a k i n g default to gaol for a period of n o t more t h a n fourteen days or un t i l sooner p a y m e n t A n d every pena l ty w h e n recovered shall be paid in to t he

Consolidated R e v e n u e Fund .

S C H E D U L E S .

F I R S T S C H E D U L E .

I swear tha t I will well and truly serve Our Sovereign

Lady the Queen in the for the term of years or unt i l sooner lawfully discharged dismissed or removed and tha t I will resist Her Majesty's enemies and cause Her Majesty's peace to be kept both on land and a t sea—and tha t I will in all matters appertaining to my service faithfully discharge my duty according to law.

So help me God.

S E C O N D S C H E D U L E .

To the in the Colony of New South Wales and to the

Keeper of the Gaol at in the said Colony.

Whereas A .B . was this day duly convicted by Court-martial for

t ha t [state offence as in conviction] and it was by the said Court adjudged tha t the said A . B . for his said offence should be imprisoned in the Gaol a t in the said Colony

[and there kept to hard labor or solitary confinement] for the space of	These
are therefore to command you the said	to take the said A . B . and
him safely to convey to the Gaol a t	aforesaid and there to deliver him to the

Keeper thereof together with this precept And I do hereby command you the said Keeper of the said Gaol to receive the said A . B . into your custody in the said Gaol there to imprison him [and keep him to hard labor or in solitary confinement] for the space of

and for your so doing this shall be your sufficient warrant .

Given under my hand and seal th is day of in the

year of our Lord 187

M.N. (President or Commanding Officer.)

No. X X .