Military Force Act 1878 (SA)

ANNO QUADRAGESIMO PRIM0 ET QUADRAGESIMO

SECUNDO

A. D.

No. 125.

AN Act to provide .for the Enlistmertt, Re<quhxtio~t, m d Discipline of

a Permane?ht 2Cfilitary Force.

[Assented to, 30th November, 1878.1

HEREAS it is expedient to provide for the cnlistmernt, regu- l+;a,bl,,

\v lation, and discipline of n Pcrmancnt Military Force in South Australia-Be it therefore Enactc-l by the Governor of the Province of' South Australia, wit11 the advice snd consent of the Legislative Council and House of Assembly of the said province, in this'pesext

Yarlialnen t assembled, as follo~ys :

I'KNLIMIN ARY.

1. This Act may be cited as the Military Force Act, 1878." short title.

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2. In tl~is Act, unless the context shall otherwise indicate, the Interpretation clause.

following terms shall have the following meanings-

Commanding Officer '' shall mean the officer for the time being

in command of the Force raised under this Act:

Force" shall mean the South Australian Military Force autho- rised to be raised under this Act, and shall includc Reserve and Police enrolled pursuant to this Act:

G Reserve" shall meall the South Australian Military Reserve

Force authorised to be raised under this Act:

Term of Service" shall mean the term for which a man shall

enlist or re-engage pursuant to this Act.

Member" shall mean man or officer.

CONSTITUTIO3

2	41" & 42' YICTQRIAE, No. 125.	-p-
Jailitmy Force Act. -1678.

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CONSTITUTION OF FORCE AND ENLISTMENT OF MEN

Govmor rnrin- 3. The Governor 311 the name and on behalf of Her Majesty, may raise and maintain a permanent 3Iilitary Force to be called The South Austrnlian Military Force," which rn%y consist of one majol; three lieut~nants, and one htmdrecl ancl thirty rank and file either. artillery or infantry, as the Governor shall order, or such other number of officws or men as Parliament shall from time to time authorise and provide for; and every man enlisting in the force shall enlist for three or five yews, and shall take and subscribe before the Cornw~nding Officer, who is hereby authoriscd to administer the same, such oath of enlistment contained in the First Schedule to this Act as shall be applicable to his intended service; and any man enlisting for three years may bcforc the expirat.ion thereof, with t.he approval of' the (I'ornmanding Officer: extend the term of his enlistmcr~t to five years, arrd shdl thereafter be entitled

tain a ailitmy Force.

to the same privileges, excepting extra pay for the time already

served, as if he had original!p enlisted fbr fivc years; and any Inan enlistcd for fivc years, whcther originally or not, may, on the expira- tion of such fivc ycars, with the approv~l of the Commanding Oficer, re-engage for a further term of five years.

4. Every man who shall have talren and subscribed the oath of cnlistmcnt shall be bound thercby, during his term of service, and during such term and until discharged or clisirrissed, shall be subject

~ i l i t s, ~ foroee to be

aubjecL A O ~, to Mutiny

to the provisions of thc Mntiny Act in force fc?r the time being

in Her Majesty's Army, as if hc had been ddg- enlisted and attested for Her Majest$s Army for gcrlcral service, and ns if the Force forxncd p y t of Her Majesty's army, and shall in like rnanner cturing the same time be subject to the Queen's Rules and Kegulations, the liulcs and Articles of War, and to such other rules, regulationsl and disciplirlc of whatever nature or kind to which Her 14Iajcsty's A ~ m y is for tlic time being subject so far as the same are not i&onsistent with this Act and any rulcs and regula- tions made thereunder; and cvcry officer of the force shail be subject to the like provisions, rules, regulations, articles, and dis-

ciplbic so far as the same shall be applicable ta his rank. OFFICERS.

Governor to issue

5. The Governor, by commission lmder his hand and the seal of the Province, may appoint any duly qualified officer to be Comman- ding Officer of the Force, to have, subject to the authority of the Government, the g e n c d command and control of thc Force; and may also appoint fit and proper pcrsons to bc pfficers to the Force, and may cancel any conmission: Provided that every such officer on his appoiutment shall take and subscribe before some Justice of the Peace the oath of allegiance to Her Majesty contained in G The Promissory Oaths Act, 1869."

rommhion~.

nornary discharge 6. Eveiy member of the Force who may be convictccl of felony shall be eummarily discharged, and the Commanding Officer hay summarily discharge any member of the Force who from his im- proper conduct shall, in the opiiiion of the Comfnatlding Officer, be

for felony, &c.

unfit

41' & 42C VLCTORIB, No. 125.

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tmfit to continue in the Force, and every inember discharged pnrstwiil

to this section shall forfeit all arrears of pay and benefits for pwst

services

PAY AKD PIUVILEGES.

7. The Governor may fix the scale of pay and allowanceii to be Pay'

received by all persons serving in the Force; but such pay and allowances shall not exceed the sums appropriated by Parliament for the service, and every man enlisting for five years shall receive the sum of Threepence per day more than if he had enlisted for three years.

Privileges.

8. Every man re-engaging for five years pursuant to section 3,

shall receive a bonus of Two Pounds; and on completing the term

of his re-engagement, in addition to his ordinary pay, he shall

receive defer&d pay at the rate of Sixpence per day for such term.

9. If any member of the Force shall be killed or wounded Allowances to wounded and family

in actual service or whilst on duty, such member, or his widow or ofperwas killed.

family, shall be entitled to such- pension or gratuity as Parliament

may provide in that behalf.

10. No tolls or dues shall be de~nanded from any member of the Force, being on actual duty, either in respect of himself or of any prisoners under charge, or of any conveyances or beasts of burden employed in the service of the Force passing any toll-gate, turnpike-road, bridge, or ferry, under a penalty upon any toll-collector demanding or receiving any such toll or due, of a sum not exceeding Eive Pounds for every such 03ence.

REGULATIONS AND CO-CSRT1'S MARTIAL,

this Act, for the employment, training, removal, discharge, or 11. The Governor may make regulations, not inconsistent with :$;;;'ry mak*

dismissal, and for the discipline and better government of the Force,

and for carrying this Act into effect; and all such regulations

shall be published in the Government Gazette, and after publication shall be judicially noticed, and shall have the force of law; and the production of a copy of the Government Gazette purporting to contain a copy thereof, shall be conclusive evidence of such regulations; provided that all such regulations shall be hid befo~e both Houses of Parliament within fourteen days after the making thereof

if Parliament be then%itting, and if Parliament he not sitting then

within fourteen days after the commencement of the next sitting

of Parliament.

thereof by tbe Commanding Officer, bp forfeiture of pay, not ex- 12. Any such regulations may provide for the enforcement :f$:rJof

ceeding thirty days, or by confinement in barracks not exceeding thirty days, or by any pennlty not exceeding Ten Pounds, to be recovered in a summary w ~ ~ y before a Specbl Mwgist~ate or two

or more Juaticw of the Peace. 13. The

Army, and the pay and allowances of officers and others attehding

such courts may be fixed by regulations to be made by the Gover- nor, and officers of the staff may, if required, serve upon courts- martial.

Proceedings to be	14. When the procee&ngs of any court-martial other than a regimental court-martial have been duly confirmed and the sentencc prornklgated, the proceedings are to be returned to the president, who shall transmit the same to the Attorrrey-General for record in his office; and any person who has been tried by any such court martial, or any person in his behalf, shall bc entitled on demand, to be made within the space of six months from the date of the final decision
General
COPY how obtained.	on the proceedings, to EL copy of mch proceedings (paying for the same at the rate of sixpence per folio of seventy-two words) whether such sentence shall be approved or not, so soon after the receipt of the proceedings at the office of Chc Attorney-General as such copy can be conveniently supplied.
Appreheneion of	15. All coastables and peace officers are hereby directed and required to take cognixance of any written order purporting to be under the hand of the commnnding officer under this Act, authoris- ing the apprehension of my deserter or absconder from the force, and his conveyance to any place named in such order, and to aid and assist in the execution of such order, and to lodge any such deserter or absconder in some place of security until such order can be executed; and every gaoler or kccper of a prison or gaol is hereby directed and required to receive into his custody any offender under sentence of imprisonment by a court-martial upou delivery to him of
desertera.
a warrant of commitment in the form set forth in the Second Schedule
under the hand and seal o f the president of the court or the com- manding officer: And such gaoler or keeper shall keep such offender in a proper place of' confinement, with or vithout hard labor, and with or without solitary confinement, according to the sentence of the court and for the time specified in the said order, and shall also in like manner receive into his custody and keep
any absconder or deserter upon receipt of ar, order in writing to
that effect under the hand of the commanding officer.

filed with Attorney-

NCI	asrliore~.	16. No proceedings of any court constituted or appointed under this Act shall be ~ie t aside or deemed void for want of form only or
be removed by certiorari or otherwise into the Supreme Court.

RESERVES.

h e ~orce, 1% The Governor, in the name and on behalf of Her Majesty, may cwuse to be enrolled md kept up in the province n force, to be

J

41' & 42' VICTORIB, No. 125. Q

MiEitary Force Act.-1878.

be called The South Australian Military Reserve Force," herein- after referred to as the Reserve, and which shall consist of d1 such men as uhall be willing to be enrolled therein, and who from previous military or quasi-military experience and otherwise shall, in the opinion of the commanding officer, be deemed suitable to be enrolled therein; and every man accepting an appointment pursuant to l~ection 8 shall be enrolled in the Reserve, and eveyy man enrolling in the Reserve shall take and subscribe an oath of enrolment in the form contained in the Third Schedule, in like manner as is herein provided concerning the oath of enlistment, and with the like effect ao far as practicable.

18. Every man enrolled in the Reserve shall continue a member Term of service.

thereof until he shall attain the age of forty-five years, or be dis- charged or dismissed, and all the provisions of this Act hall apply to the Reserve in like manner as to the force, except as follows:-

I. No member of the Reserve shall be required to attend more

than six drills in each year, nor to serve except as herein

after mentioned:

IT. The pay of every member of the Reserve shall bc Five Pounds per annum, and he shall in addition receive pay as

a member of the force whilst engaged in active service:

1x1. The said sum of Five Pounds per annum shall be paid half- yearly, but so that six montl~s' pay shall be always retained; and any member of thc Reserve permanently quitting the colony shall forfeit all unpaid p y.

19. On a summons, by Proclamation in the Government Gazette, Liable to actual

by the Governor, and in all cases of actual invasion of the colony, im8im, &,.	aervico in case of
or hostile attack thereon, or upon the making of any general signals of alarm as provided in the regulations, the Rcserve shall assemble, as provided by the regulations, and every member shall be liable to march or embark on board any ship or vessel, and to serve, and shall	be subject to the Mutiny Act, and all rules, regulations, articles, and	discipline to which members of the force shall be subject, as if he
were a member of the force, until the Governor by Proclamation in the Government Gazette, shall signify that the services of the Eteserve are no longer required.

province, the proof .whereof shall be on him, or laboring under any mons. 20. If any member of the Reserve, not being absent from the Neglectto obepnum-

infirmity disabling him from active service, refuse or neglect to join as may be directed, and to assemble and march or embark upon my such summons invasion, attack, or general signal of alarm as aforesaid, he l ~ h d be deemed a deserter, and shall be liable to punishment as such, or to a penalty not exceeding One Hundred Pounds, with or without imprisonment, for any term not exceeding twelve calendar months, with or without hard labor.

6 41' Rr; 4 F VTC%OKI,E, Xo, 126, ,

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Military Ebrce Act.-1. $78,

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POL1IC&.

~alioa 21, The Governor, in the name and on behalf of Ee r Majesty,

may cause to be enrolled, for military service, all such members

of the Police Force ss shalt be willing to underbke military service

in time of need, and. who shall take and subscribe the oath of enrol-

ment in the.form contained in the Fourth Schedule, in like manner

as is herein provided concerning the oath of enlistment.

Termr of service. 28. Every man so enrolled in the Police shall continue a member thereof until he shall attain the age of forty-five years, or be dis- charged or dismissed; and all men so enrolled shall be subject to the following provisions :-

I, They shall be drilled, for the purpose of enabling them to take part in military evolutions and movements:

rr. In time of peace, whenever, summoned by the Governor by proclamation in the Government Ggzette, but not oftcner than four times in every year, they shall serve in connection with the Volunteer and Military Forces, or either of them,

as may be required:

I n. Whenever the Reserve shall be called out pursuant to section

19, they the Police so enxolled shall assemble for military

service, and every member of the Police so enrolled shall bc subject to all the liabilities mentioned ia sections 19 and

20, as if he were a member of the Reserve.

rill and oacers.	23. The Police so enrolled shall be drilled by or under officers of the Police Force, and when serving in time of peace in connec- tion with volunteers or military, shall merely act as a Police Force, assisting in the manmuvrcs? and shall at all tirnca be commanded
by the officera of the Yolrce Force, who shall enrol as aforesaid,
and who shall be under the command of the commmiding officer of the force when military police shall be hrigaded with volun-
teers or military.
Pay.	24. The pay of every member of the Police so enrolled shall, when on actual service, be one shilling per day, in addition to his pay as a member of the Police Force, and to be paid in like manner as such last-mentioned pay; and no member of the Police Force shall be liable to any stoppage of or deduction from his pay on account of absence aaused by his duties as a member of the Yoliee so enrolled,

~ r t r a tdlowances 25. Every member of the Police so enrolled shall, in addition, be entitled to such extra pay and allowance as the Governor may think nmemry to make, not exceeding the sums ~ppropriated by Parlia- ment for the service ; and my member of *.he Police Force who shdl h m served satisfactorily in the Police so cnrulld for five year~, shall be deemed of sufficient experience to be enrolled in the Reserve.

OFFENCES.

Pi' & 4 2 O VKC'I'ORTB, No. 125. 7

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I. Knowingly buy, sell, take in exchange, conceal, or without satis- factorily accounting for the same, rcccive or have in his possession, any amis, ammunition, accoutrements, clothing, appointments, stores, or property, delivered for the use of the force, or any member thereof, or sulicit any person to buy, scll, take in escliangc, or conceal the same:

11. Or who shall falsely represent himself to be a member of

the force:

ITS. Or who not being a member of the force shall wear the

uniform, or any part of the uniform thoreof:

r v. Or who ceasing to be n membcr of' the force shall not forth- with give up to the proper officer a11 arms, ammunition, hccoutl.emcnts, clothing appoint~ne~lts, stores, or property in his possessiou, as n member of the fbrce:

shall for every such offcnce be liable to a penalty not exceeding Twenty Pounds, with or without imyiisunrnent, for any term not exceeding six months, with or without hard labor.

27. Every proceeding under this Act for any thing to which any Beoovery ofpendties.

penalty is attached by this Act, or any rule to be made thereunder,

may be had and taken bcforc, and bc h a r d and determined in a

sunlmary way, by any special nqagistrate, or two justices of the

,

peace, under the provisions of an Orclinancc of the Governor and Legislative Council, KO. G of 1850, intituled " To facilitate the performance of thr dutirs of justices of the peacc ont .of sessions with respect to summary convictions and orders," or of any Act now in force or hereafter to bc in force relating to the duties of justices of the pence with respect to summary convictions and orders; and

all convictions and orders made by such magistrate or justices may

be enforced as in the said Ordinance, or in any other Act as afore-

said is or shall be provided,

28. Therc shall be an appeal to the Local Court of Adelaide,-of Appeal.

full jurisdiction only, fiorrr evcry conviction by any special magis- trate, or justices, for any offence against this Act, and from every order dismissing any information or complaint, or from'any other order made by such magist.ratc or justices under this ~c t, a&l the pro- ceedings in such appeal shall be conducted in manner appointed by the said Ordinancc No. 6 of 1850, for appeals to Local Courts, ox any Act to 'fie hereafter in force, regulating such appeal, and the Local Court of Adelaide aforesaid shall also have power to make such order as to the payment of the cost of the appeal as it shall

think fit, although such costs may exceed Ten Pounds.

In the name and on behalf of Her Ma~esty, I hereby assent to

this Bill.

WM. F. DRUMMOND JERVOIS, Governor.

SCHEDULES

FIRST SCHEDULE.

Oath of Efilistment.

1, swear that I will well and truly serve Our Sovereign

Lady the Queen, Her heirs and successors, in the South Australian Military Force, pursuant to the Military Force Act, 1878, and that I will resist Her Majesty's enemies and cause Her Majesty's peace to be kept both on land and at sea, and that

I will. in all matters appertaining to my service, faithfully discharge my duty

according to law.

So help me God.

SECOND SCHEDULE.

To the in the Provincc of South Australia, and to the

Keeper of the Gaol at in the said province.

Whereas, A. B. was this day duly convicted by court-martial

for that [state ofence as in co?wictio?z] and it was by the said court adjudged that the said A. B. for the said offence should be lmprironcd in the gaol at in

the said pro~ince	[and there kept to hard 1dor or solitary conjnentent] 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 at aforesaid,

and there to deliver him to the keeper t?lereof, 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 conjnernent] for the space of and for your so doing this

shall be your sufficient warrant

Given under my hand and seal this day of in the

1 ear of our Lord 18	.
M. N. (President or Commanding Officer.)

THIRD SCHEDTJLE. a

Oath of B?,rolment.

1, swcar that I will well and truly scrve Our Sovereign

Lady the Queen, Hcr heirs and successors, in the South Australian Military Reserve Force, pursuant to the Military Force Act, 1878, and that I will resist Her Majesty's

enemies and cause Her Majesty's peace to be kept both on land and at pea, and

that I will, in all matters appert~tining to my service, faithfully discharge my duty

according to law.

So help me God.

FOURTH SCHEDULE.

Oath of Enrolment.

1, swear that I will well and truly serve Our Sovereign

Lady the Queen, Her heirs and mccessors, in the Police, for military purposes i f required, pursuant to the Military Force Act, 1878, and that I will resist Her Majesty's enemies and cause Her Maje~ty's peace to be kept both on land and at sea, and that I will, in all matters appertaining to my service, faithfully discharge

my duty according to law.

So help me God.

.P

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Adelaide : By authority, E. Spiller, Acting Government Printer, North-tenace.