Militia Act 1854 (SA)

No* 9.

An Act to organize and estublish a Militia Force in South Australia.

[Assented to, December 4, 1854.1

W HEREAS, by an Act passed during this present Session of the Legislative Council, intitnled An Act to organize and

establish a ~ d u n t e e r Military Force in South Australia," it was declared that it should be lawful for tbe Governor to raise, organize and equip, train and exercise, a Volunteer Military Force, to serve within the Province of South Australia, for the defence of'the same in case of ueed; and that such force should cousist of not less than eight hundred and fifty men, nor more thau two thousand men: And whereas it may happen that a sufficient number of persons *thin the said Province may not volunteer to complete the Force in the said Act directed to be raised; or that, in the event of actual invasion or of the imminent prospect thereof, such Force might prove insufficient for the defence of the said Province, and it is therefore expedient that power should be given by Law to rake and organize a Militia Force within the said Province, and to ascertain and determine the numbers thereof to be raised and kept in constant readiness for service-Be it therefore Enacted s s follows :

2. The Governor may,from time to time, call together, arm, array, omvool my o\ll

and cause to be trained and exercised, such persons and in such ~ ~ ~ r ~ ~ ~, " g ~ $ n -	manner as hereinafter directed; and the said Governor may appoint a	ing and a x m i ~;
proper number ofofficers, and grant commissions to them respectively	to and command appoint omcet~ tbm
to train, discipline, and comniand the persons to be so armed and m y e d, according to the rules, orders, and directions hereinafter

mentioned; and the Officers so appointed for the Mqtia shall rank Relative rantor

with the Officers of Her Majesty's regular forces, and of the Volun- md &g,,,m, Wcers in Militia

N t-r VdanWBora

teer force by the said Act authorized to be raised, as youngest of their rank: Provided, that whenever the A 1 ilitia shall bc called out

for actual service, and shall act together with auy of Her Jii?jestY'~

P~QY~SO.

Regular Forces, all Field Officers of Her Mnjeaty's Regular l'orces

shall command a!! Field Officers of Militia.

Nocommiasion aball	3, NO com~ni~sion	of any Officer of Militia shall he vacated
be vacated by death,

&C., of G O V ~ ~ O ~. by reason of the death, recall, resiqoatio [I, or discoutiuuimce iu

office of the Goverrmr granting any such conunission.

Oaths to be taken. 4. Every C)fficer of Militia sbdl at some T,ocd Court of f d juris-

diction, or in the Supreme Court, at Adelnide, within twoniontlls after he shall have accepted his commission, take the following oatir :-

a I, will be faithful, and bear true allegiance, to

IIcr Blajestv Queen Victoria, Her IIeirs, and Successors."

Governor may dis-

lace Officers of 5. The Governor of tlrc I'rovince mnv, from time to t h e as

Riliria, and appoint	he shall think fit, displace all or nliv (il&ers in the Militia, and
othersin their stead.	appoint others to serve in tlleir s te id

Males between the	6. Every male inhabitnut of	the Province, between the ages
ages of 18 and 46

scars, fit, W b a r of eichteen and forty-six, fit a i d able to bear arms, and not

arms, and not ex-

empted by this ~ c t, exem6ted by any of 'the provisions of this Act, shall be,'and he is

liable to serve in the herebv declared to be, liable to serve in the Militia to be raised	Militia	under this Act, either iersonally or by substitute, when called upou by virtue of any of the provisions of this Act.
Exemptions.	7. No Member of the Rxecutive or lJegislative Colu~cils; no Judge or Couln~issioner of the Supreim Court, other than a Corn- nzissioner for tealring affidavits; or of' any Civil Court in tlle Pro- vince; no Special Magistrate; no Chnini~tl of' the Bench of' Magis- trates, or of the Meetings of Justices of tlle Pence hereinafter directed to be held, or ally Mi~istcri:~l Officer of the said Court3 or Meetings respectively; no person holcling aRke under the Co1oni:d Goveniment, no Clergyman in Holy Orclers, or Ministers of Re-
ligion, duly entered as officiating Ministers; no lSIcdical Prscti- tioners, certificated and actually practising; no Officer ill Hcr Majesty's Army and Piavy, on full or 011 half pay; no Non-Commis- sioned Oacers and Private Men serving iu any of Her Majesty's other Forces, nor any Commimioned Officer serviug, or who has served three years, in the '~ i l i t i a: no person entitled to exemption by virtue of the said Act to organize and establish a Vol~zi~teer Military Force
in South Australia; no Police Constable or other Peace Other;
Seamwn, or Seafaring Man; and no -4borigin:d Iahabitnnt of the Pro- vinince,shnll tK liable to serve'~ersrsonelly or provide R. substitute to serve
in the Militia; and no person who, either peruonnllg or by substitute,
ahall have served three successive fears ill the Militia to be raised under this Act, or in any Voluuteer Poree raised under the provisions

of

o f the said Act to orpoize and estddisll aVoluntew Military Force io Soot11 Austrdin, shall be o b l i p l to serve again until after six years fro111 tlic end of such service; :1nd no persou who lias served, either pcrsor~ally or by snl)atiti;te, at diliwcllt timcs, fix periods togetlicr

anloui~ting to t h w o J wrs, sli:t!l be c~bligcd to serve again until

-after six years fm:u the dntc o f Iris last disclrarge: Provided Proviso.

always, that no pcrsou who 112s served only as :L suhstitutc or volunteer in the Jlilit-in sirnll be thereby exemyted from serving

a g i n if he slinll be chuse~i by bdlot.

8. It shall bc Ia~vfnl for the Governor, fro111 time to time as Governor t o e ~ t ~ h l i s h Militia U~utr~cts.

he slmll scle fit, to estuhlish Militia Districts within the Prcwince, and to proc1:hi the bon~~tl:wies thereof, arid the s u ~ e to alter as he

sllnll deem expedient.

9. The Goven,or sllnll, from time to timc, wlienevcr any such $:r;:::;

Districts resr~ectivclv sllilll bc estnblisl~ed, if lie slinll firld it necessarv. appointed for Militia

appiu t n sukicieiit ;luwbur of persous usu;dly resident therein to 6;	"strict-
Jubticcs of the Pence fix tlre said Districts, and iu c:we it slrall seem	Militia Officerti rnay

espcdicnt to him, hc r ~ y appoint zlny(l)f%cer or (Yficrrs of Militia to b e appointed Jusricca

be n Justice or ~us t iees of the Yeace for any such Militia District. 0fthePercu3

10. The Governor s l i d and may, from time to time, appoint The Governor ma.v spyoiut Clel ks uf the

Clerks of tlie Meetillgs of Justices to be holden within ~ o c h Districts ,eetiugs,

respectively, as Ilercinnfter directed, and inny displace such Clerks, or any of tllem, m d appoint others or another in their or his stead.

11. Meetings, consisting of two Justices of tlic Peace at the Meetinas of two Justices, at the lewt,

least, b h d l be lloltieil at some c e n t d nucl convenient place to be to be holdvn in the

fixed by the Guvcnlor, witlliu the severd Aiiiiti:~ bistricts respec- mitia 1)istricts re- '

spectively, fbr carry-

tively, i'ur tlie purpvw of carrying the yrovisiuns of this Act into ing this net into

eff'cct; ancl ally two Justices, or the Govenmr, when and as effect.

often as occasion ~llilll require, slid and rnay summon, or causc

to be suinmoried, :lily sucll meeti~lgs, on any days to be fixed by	such sumrnous, of wllich days, and the places of lroldiiig such meet-
ings respectively, t l ~ c Clerks of the several meetings shall give notice in writing to such Justiecs of thc Pence who shall be resident within such District, and also to the Senior Ufficer of Militia preseut in the District, if there be nuy, and if not, then to the Coinn~andant of Militia in Adelaide, together with an account of thc severid days fixed for receiving lists, and for balloting and enrolling the Militian~cn within s~zcl~ District, arid s11al1, as soon as the Militiamen are enrolled, likewise transaiit to the Senior Oficer of Militia of the District, or to the Commandant iri Adelaide, as aforesaid, a list specifiiing the names, trades, ages, a d the 1mm1 places of abode of all weL hfditinmen as are enrolled, and where there are substitutes, the rlames, trades, ages,
and places of alrotte of the persons in the room of whom such sub-
stitutes were enrolled; and-one s w h meeting s l d 1 be holden within one auch rnceting t.
every Militia 1)istrirt upon the first Tuesday which shall happen in ~ ~ ~ ~ ~ i ~ h ~ ~ ~ ~
the month of March iu every year, or earlier if occasion shall re- in every p r, or - -

ewlw if necessary,

h receive lists find hear appeals thers-	quire (of which occasion due notice shall be given, together with	-
from+	notice of the titiw and place of such altertd meeting, in the South
Austwlim ~ o c e r n m w i Grrzettr ) for the purpose of gceiviug lists of
persous liable to serve in the Militia, andof henring appeals therefrom.
The chief Commis-

sioner of Palice to 12. The Chief Cornmissioner of Police, when reqnired by the Go.

appsint Police con- vernor, shall appijint ,z sufficient number of' Police Officers or Police

m b l ~ i n m l i t i a u i @ - Constables in the	several	h'lilitia	L)istricts, d ~ e n	they shall be pro.
tricte,

claimed, to act tllcrein it1 thc execution of this Act, and shall issue his orders to tllcnl requirina tllern to to the Justices, at their said xmxtings to be llolden upon the first Tuesday which shall happen in the m o d 1 of March ill each year, or at such times as

TO carry O U ~ this A C ~, shall be necessary for carrying out the pnrposcs of this Act, at the

to return t'le

mid meetings, lists of places :and on the days uppoillted, fair and true lists, in writiug, in the number of pcrsoas manner by this A ct directed, of the imnws of a11 t.he men usually

tween the ages of 18 and a1 that time dwelling witliin tlle Districts, or parts of Districts,	in each District be-
md 46. for which they s11,zll respectively act in execution of this Act, be- tween the nges of' eighteen and forty-six years, fit and liable to serve

in the Militia.

Police Constablea

shall give notice, in 13. The several Police Officers and Policc Constables required

the form of Schedule	to rchturn lists of persons fit and lial~le	to serve in the Militia shall,
A, to housekeepers,

Ee., to roduce lists

within fourteen days n,fter the day of the receipt of any order to that

of men ktween 18

effect from the said Conmissioner of Police, give or leave notice, in

md 46.

writing, it1 the fbrm ill the Sclledule to this Act annnescd marked A, to or for every occupier of evevery dwelling-honse where any person shall reside, within the limits of t l ~ e Districts for wllicli they are ordered to act as aforesaid, at Itis dwelling-house, to prepare or produce, witl~in fourteen days next ensuing the day of giving such

notice, a list in writing to the best of his belief, of tl; Cllristian

and surname, age, ancl occupation of each and every man ~esident

in such du.elling.house, betvreen the ages of eigl~teeu and forty-six

years, distinguishing every person in such ctwelling-house between

such ages as aforesaid, and also distinguisl~ing evcry person therein

between such nges claiming to be exempt from serving. in the Militia,

together with the ground of every such claim of exempt~on; and every

such notice shall mention the day, time, and place appointed for hearing appeals, by persons claiming to be exempt from serving in the Militia, ancl every such occupier shall, after such notice so given

or left, make out such list and sign the same with his or her own name, and shall deliver the same, or cause the same to be delivered

to such Police Coustable as aforesaid; and if any occupier shall neglect or refuse to make out, sign, and deliver such list as aforesaid, within the time before limited, or shall onlit m y person who'ought

to have been included tl&cin in pursuance of this Act, or knowingly

make any false return of any particulars required therein, every such occupier shall, for every such o f f i e, forfeit and pay a sum

not exceeding Five Pounds,

thin one month after 1lttvin.g delivered such notices as afore- ~ ~ ~, ~ ~ ~ ~ ~ $;

&d, make out (in every yefir) a fair a ~ l d true list, in writing, m- ofmen between 18 and 48, and d x a

cordi~~g to the fora1 in the Sc:l~edule to this Act ~ m e x c d marked thedoorof

B, of the names of all thc men usu:tlly and at that time dwellhlg the place of meeting of Justi eq with

~ i t h i n tlie respecti~e places for which they shall act ill the execution .,i, o)tbemeeting

of the provisious of this Act, between the ages of rish teen arid forty- for appeal4 md m- turn another copy k

six years, as well of those who have not ni:& ally retnrn, or beon the meeting o f ~ o r -

in pursuance of such uotice as aforesaid, as of those who ticea

shall llilve nlade swh returns or been returned in pursuance tbereof, distit~guishing their respective ages, ra~lks, occupations, anti quali- fications its afiwesaid (if any), and those who havs made rcturtls to such ~~oticev from tbose who have neglected to make such return&, and where the true names of such persons cannot be procured, the cornmo n appt'll ation of such persons sliall be sufficient, and distin- guishing which of the persons so retumed labor under m y infirmity likely to iucnpacitate them from serving as Militiamen, 2nd which

of them claim to be exenipt fronz serving i11 the Militiw, and ou what

account, aud slrJl affix a true copy of every list, a t least Rcvcn (lays before the nlecting of Justices at Gliich such rtbturn is to be made, on the door of tlw Court House, or o t l w buildirlg ill which such meeting is to br licld within the nistrict; and shall also give notice, in writiug, at the bottom of the said copy of such list, of the day, and hour,

and place of meeting, for hearing appeals under tllis Act, and that all persoils who shall thiak themselves a,5grieved may then appeal,

and tliat no appeal will be afterwards received; aud shall afterwards attend such nieetings of Justices, and deliver a true and exact copy of such list to the clerk of such meeting.

15. If any person whose name shall be inserted in any list in f;;i;",;ozzd

pursuance of this hc t shall think himself aggrieved therebv, to hearand deter- v-

br by the onlission of any other name or names, or s l ~ l l claim id mine

he exempted from serving in the Militia, it shall be lawful for such person, and he is hereby required, to appcal to the meetiug of Justices hereinhefore appointed to be held for receiving the lists

and hearing such appeals within the said Districts aforesaid; and any two or more of the said ,Justices are hereby empowered and required to hear and determine all such appeals, and if the same cannot be MY adjonrn meet- ings, if neceeea rg.

heard on the day first appointed, to adjourn to ally other day or days, Their det.emilu(in

and their determination shall be final to all intents and purposes, ~ I M U " ~ ~ ~ ~

and no appeal shall be afterwards heard or allowed, or any exemption

whatever clainied or admitted by or on behalf of any person or per-

sons W hatever.

meeting, the Police Officers and Constables respectively so appointed stables shall attend 16. On the days and at the places appointed for holding the said ~, ~ ~ $ ~ $ ~ ~

and verify lists U n

as aforesaid shall attend and verify the said returus upou oath, , ,,, E

and the ranid Justices assembled at such meeting, aftw hearing amended, = c o d

any appeals or claims of exemption, shall direct the lists to be snd ce*ific- re- meetings appointed,

mended as the esae shall require, and shall also direct the names k;;$-ucp d 0 of

. 46

of all persons, by this Act exempted from serving in the Militia, to

be struck out, and the names of any persons that shall have been

omitted, and who shall be mentioned in any such appeal, to be in. serted; and after amending the said lists, shall appoint the times and

S	places for their second meeting for balloting for the Militiamen re- quired to serve for the respective Districts, which said second meeting shall be holden on the second Tuesday that shall happen in the month
of May in every year, or earlier if required; and the said
amended lists shall be fairly transcribed and signed by two of he be filed by the Clerk, and as soon as may be after the said lists shall be amended, any two justice^ shall return to the Governor certifi-
cates under their hands, in the form in the Schedule to this Act
annexed marked C, of the number of meh in each town, hundred, or other territorial division within their District between the ages
of eighteen and forty-six years, liable toeserve in the sald Militia
Force, and also the number of men exempt from serving, in each town, hundred, and other territorial division within the District for which they act in execution of this Act.

Police refusing

or neglecting 17. If any Police Officer or Police Constable shall refuse or ne-

to returnlistsmw be glect to return any such list as before directed, or to comply with

imprisoned or fined	B U C ~	orders and directions as he shall from time to time receive in
not more than feO

nor less than 406. writing from any two or more Justices acting in pursuance of this Act, or shall, in making such return, be guilty of any fraud, or wilful partiality, or gross neglect in his duty, any two or more *Jus- tices are hereby empowered to commit the person so offending to the common gaol, there to be kept without bail or mainprize for any period not exceeding one month, or at their discretion to fine such person in any sum not exceeding Forty Pounds nor less than Forty Shillings.

refading 18. If any person shall refuse to tell his Christian and surname,

?iLEia name, or

airins a t&nuos,	or shall falsely tell a Christian or surname, pretending the same to
&all forfeit 65.	'be his true Christian or surname, ox shall refuse to teU the
house, to any Police Offieer or Police Constable appointed to act in Christian or surname of any man lodging or residing within his
any Militia Distriet under the authority hereof, every such person
shall forfeit and pay the sum of Five Pounds.

Governor and E m u -	19.	It ~ha11	be lawful for the Governor, with the advice of his1
tive Cuuncil, on or

dmr kt Tuer Executive Council, on or after the first Tuesday of April next ensuing

do of April next?

after cornmew- the commencement of this Act, or as soon thereafter as may be, and

merit o~Ac~. , to fix afterwards every three years, to fix and declare the whole number

and wointthe

h r of men to eerve of Militia that shall be raised within the said Provioce, under this

in the ~ i l i t i a	for the	Act, for the three years then next ensuing, and to ascertain, settle,
and fix the number of M'itiamen who s h d, for the then next

& tae than n& SW- succeeding three years, serve for the several Militia Districts, and

diw thLhr~Ju the quotaa for each respectively, as near se may be, by the pro-

portion

portion that the number of men fit and liable to serve in each Dis- trict shall bear to the whole number of Militiamen fixed by the Governor and Executive Council to be raised; and shall thereupon transmit the numbers so fixed arid settled to the Comruandant of Militia and Clerk of the Meetings in Addaide; and shall cause no- tice of the same to be printed in three consecutive numbers of the

Government Gazeite, and shall also transmit to the Clerks of

District Meetings notice of the quotas required to be furnished by

No quota shall be H-

each District: Provided that no quota shall be fixed and settled, or	quircd in any Diatrict
required, in any Militia District not possessing a population of at	nc t containing at least
least ninety males fit and able to bear arms, and liable to serve in	90 males liable.
the Militia, in terms of this Act: And provided also, that the whole	not to excad one-third Number to be raioed
number at any time to be raised in the several Districts respectively

of such persons in 8nr
shall not, under any circumsfances, exceed one-third of the number	Dietrict.
of men fit and liable to serve in such Districts respectively, accord-
ing to the provisions of this Act.
Number of Militia to
20. The whole number of Militia to be raised in the Province shall not exceed two thousand men, including any Volunteer Force specially raised under the said recited Act, unless in case of actual invasion or imminent danger thereof, when the Governor may, if he see fit, increase the number to the maximum hereinbefore fixed, such maximum number, if raised, to include any Volunteer Force; and, in order to regulate the mode of raising and h i o g the said number of men, the Governor, with the advice and consent of his Executive Council, shall apportion the quotas by fixing and de- claring the ages, within the limits mentioned in this Act, of the men who shall he so called out, commencing at the age of eighteen years,	be raised.
and so on until the said number haa been raised.
The number of

21. The number of private men, so from time to time to be fmed private men fixed by

by the Governor and Executive Council, to serve for the Province

the Governor and

Council to serve for

and for the several Districts respectively, when fixed as aforesaid,

the Province, and the

ghall continue to be and remain the respective quotas of the Militia

tricts ehall remain

quotae for the Die-

Force of the several and respective Districts for each successive the number and quota8

period of three years after they shall be so ascertained, settled, and

for three yeare.

fixed, as aforesaid, until other quotas shall be settled, ascertained,

and appointed, under this Act.

22. When the number of Militiamen so fixed and settled for any District shall be greater than the former quota of such District,

When the number

fixed shall be greater

than $be former quota,

the men shall be

then, and in every such case, any two or more Justices, at a meeting

chosen as other men

to be holden for that nurmse, shall cause the additional number of

are directed to be

Militiamen, so k e d kd'setded, ss aforesaid, to be provided or

choeen,

chosen in the same manner as other Militiamen are, by this Act, to be provided or chosen; and all the additional men so rovided or chosen as aforesaid, or their substitutes, and also all olunteer Militiamen shall take the oath by this Act required to be taken, and

@hall be enrolled, or sign their consent to serve in the Militia, in such

manner

manner as is directed by this Act; and, in case of refusal, shall be ~ ~ h j r ~ t to the same penalties as in like cases are inflicted by this Act:

And where ks~, ex- Provided always, that where the nutuber of Militim~en so fixed and

eeae shall be dismimd

by ballot.

aettled tbr every Ijistrict as aforesaid shall be less than the tbrmer

quota of filly District, tlien, and in every such cme, any two

more of the said Justices, asscnlbled at a weetiug as aforesaid, shall

Men dimissea, who

&all not have corn-

disn~iss to their own liomes, by ballot, so many Militiamen as shall

plekd their term of

exceed the number so fixed and settled as aforesaid, and such of

t h m years- liuWe to

the w v c d persons w, dismissed as af bresaid, who s11all not have

serve; and a list of

*eir names made out. comnleted their t.errn of' three years' scar vice, sljlrsll remain liable to

Ofwhi" shall he filleci vManciea UP dur- ' serv;? hi the Militia; and shalcsud a n required to joili any

ing the rehlaindrr of	regin~ent, hi1 ttalion, or conqlany of Militia,, serving for the I jistrict
their eag@gement,	from the h1iliti;ia of whit!: tllev shall have been ciisrnissed, whenever .I
called upon so to do, for the purpose of supplying vacat~cies that may arise in the said Militia; arid the names of all the persons so dismissed as aforesaid shall be entered in n list, and the Justices sliall cause the men necessary for supplving any vacancies that may tlr~reaf'ter arise in the Militia of such Lhstrict to be ballotrd f'or out of the persons contained in any such list as aforesaid, while fit per- sous can be found to supply such vacancies, and so, from time to time as oceasioti ~11~11 require, SO long as any of the persons con- tained in any such list call be found tit to supply such vacancies as aforesaid, and every person so balloted to supply such v:tcancy, who shall rrot be untit by reason of sickness or bodily inability, shall serve in the Militia of such District upon the conditions, arrd for the remainder of the time for which such person sliall have been engaged to serve in such Militia before he was dismissed its afore- said; and wheuever, and s s soon as all persons re.tunied iu any such list, that caal be found fit to supply such vacancies as aforesaid, sE1al1 bv ballot have supplied such vacancies as aforesaid, then, and
mm -ci-.	in every such ci~se, the m m ileccssary for supplving such future
vacancies HY may arise in such Militia sl~all be rdsed, choseo, and
balloted for i t1 manner directed by this ,4ct.

*V two Jostie+s

a second meeting, . 23. Any two Justices, assembled at any second meeting within

IAIO~ tt~cnum- any District as aforesaid, shall cause the number of men required to rnanrequlred

wrve to be chosen bv b~l lo t out of the list returned and filed as

n r V &

aforesaid, and shall xppoiut another meeting, to be holden within fourteen days, in the same District, and shall issue out an order to the Police Officers and Constables appointed as hereinbefore directed to act for the District, to give notice to everv man so chosen to aem

~ a i ~ to bscivm to in the Militia to appear at such lileeting, whiih notice shall be given'or

every pan chosen to	.left at his place of' abode at leest seven days before sueh meeting;
.ttend another meet-	.
& ~ ~ f J u a i -	and every Constable serving any such notice shall attend such nleeting, and make return, upon oath, of the days when sueh notice was served; and every person so chosen by ballot shall, upou such
notice, appear at such meeting, and if proved able and fit for the

Y ~ppmvod of, lo b $ervice, and approved of in manner hereinafter directed, ahall then

mom

and there take the following oath, that is to say-

W of ~ i i t i r r m ~ ~ ~ '' 1) A.B., do sincerely pmmise and swear that I will be faitblul

and

W

a id hear true ~llegiicmce to FTcr Majestty, Her HRrs, and Guccessrrrs; ancl that I will faitlrlully serve in the Militia within the Province of Eoath Australia, for the defence of tlte snme, during tlw time of t h e e years for which I am

eurolled, unless I sl~all be sooner discharged."

Aad cvery E U C ~ person shall be then m d there enrolled (in a roll And be enrolled for three years; but may

to be thcn and thew. pwparvd jbr that pu? pose), to serve in the produeeknbstituteq

Militia of such 1 iistrict as 8 private hlilitinn~all for the space of who* if approved, shall

be enrolled and take

tllree ye:ws: I'rovitlecl always, that if m y person so cliosefi by ballot the folbi;rg oat&

h a l l produce for lris substitute a i ~ ~ n u of' the same District, or of

gome adjoiilii~p; I Xbtrict, able and fit ibs service, s~ ich substitute, so prod&xl, An11 be enrolled to serve ill the Militia of such District

W a Private Militiamm for the s p c e of' three years, and also for

such furtliet time as the Rlilitia s l ~ l l remain e~nbodied, if, within the space of three years, the Governor s l d l order alrd direct the Militia, fiw wlrllicli such nittll is enrolled, to be drawn out and em- bodied; ns litwindier provided; and sucli substitute shall take the

followi~ig oath:

':l, A.B., do sincerely promise and swear that I will be faithful oathof8ub"itu~

and 1 ~ 1 1 - true allegiance to Her hlriqjt.stfy Queen Victoria,

Her Heirs, and S~iccessors ; nud that l \;.ill fhitllftdly serye

ill t l ~ e Militia within the l-"roviuce of South Australia., for

f l w defence c)f t l ~ e same, duriug the time of t h e e gears,

nud for such fu~.tlicr time as the Militia shall remrri~ em-

bodied, if: within the space of' t l~ree years, the Governor

s l ~ ~ l l order arid dirchct tlic Militia to be drawn out and embodied, urlless 1 a l d l be sooner discharged."

And any person so chosen hy ballot, for whom such substitute shall h&e been so produced, enndled, and sworn ss aforesaid, &all hc exen-tpt from service in the Militin, in the snme mariner as

if he himself had served accoriliug to the directions of' this Act.

24. 11; through the neglect or mistake of any Police Officers ~uatiaer m y waw4

or Constables, or from m y other cause, the full number of men ap- lists, and praeeed,

, ,

~oin ted fbr a11~ District should not be duly enrolled at the meeting f r a s $. w V

iPpointcd for &at purpose, as befbre directed, or a t any other meet- ing for enrollinq men, then the Justices, at their said meeting, or at any other meetLg, or any two or more of them, may, and they are hereby required, immediatelv to cause the lists to be amended, and to poceed to n fresh ballot, &d to adjourn their meeting, or appoint

other meetings, and repent the amendir~g of t l ~ lists as may be

n(jCe4snry and expedient for carrying the purposes of this Act duly

and fully into execution; and i t shall be lawful for any one Justice 0"s Jggtiee may 4-

b administer the oath hereinbefore required to be taken by. perwns	0 8 ~ ~ 9	*C*
to serve in the MUitisl, to any persou balloted, or to any psreon
ofk~ing ae a Militia Volunteer, under the directims of thh Act, ar to

ayperson who, beiog qualified as this Act requires, shall &W to serve

P 0123

as a substitute, such balloted man, volunteer, or substitote, having

been duly approved, as is hereinafter mentioned; and SU& Justice is hereby authorized to direct and require the Clerk of the District Meeting fur which every such person by whom the said oath, has

And order men to be	been before him taken is to serve, to enrol the name of every such
mrolled.	person so harviug been duly approved as aforesaid, t ) s~ t 'ke r with the da,te of the day on which the said oath was so adimniatered to him, in the roll of such District.
Pemns chosen (ex-

cept Quakers) not 25. If any person chosen by ballot, according to the directions of

appearing, &C., shall

this Act, to serve in the Xilitin, not being oue of the people called

forfeit E30 ;

Quakers, sl~dl refkse or nec~lcct to appear and take the said oath, and serve in the Militia, or to provide n substitute who shall take the said oath, and sign his consent to serve as a substitute, every sacll person so refusieg or neglecting shall forfkit and pay the sum of Thirty Pounds, atid at the expiration of thrcc years bo ngniu liable to serve or provide s substitute, and in defjult of n a ~ m e u t of such L U

or,in delavlt ofpay- penalty, or'for want of sufticieh effects whereoil to levy the same, =ant. compelled to the name of such nersoil slzall be entered on the roll, aid such uer-

wrve. I -

son shall be delivered over to some proper ofher of the rc~giluent,

battalion, or corps, for which he mas balloted, and s l d l be com-

pelled to serve for such term, to be coniputed finoirl the t h e of his

being apprehended, as any other person who should be tl~en bi~lloted

for would be compellable to serve, and sllall he subject to the same punishments for afterwards absconding or deserting as he would

have been subject to in case he had appeared and been duly sworn

and enrolled as a Militiaman.

New lists shall be	26. If the list of any District shall be lost or destroyed, it shall be lawful for the said Justices, or any two or lnorc of them, to cause a new list in such District to be made and returned to them at their next District Meeting, in the same manner as the list lost or destroyed was madc and ought to lmve been returned to them by
made out if auy are
lout.
direction of this Act. g

Persons chosen shall 27. Every person eliosen bg ballot to serve in tile Militia

serve though they

mmove; and having	shall be liable to such service, although he may have removed from
dence shallserve where
more than one resi-	the lace where his name was inserted in the list, provided he was
residing at such place at the time when the list -%S, according to
firth ineerted in rhe
list.	the directions of this Act, prepared; and every pcrsorl liable to serve in the Militia, having more than one place of residence, shall serve for the District where his name shall have been first inserted in ~ u c h list as aforesaid, and the Clerk to the District Meeting to which such list shall be returned shall, if such person requires the same, grant a certificate (gratis) under his hand that such person's name was inserted in such list, and specifying the time when such list was made and returned: Provided, that it shall be lawful for the Commandant of Militia, at his discretion, to authorize any person liable to serve in the Militia, to serve in another District than that
for which he is so liable to serve.

28. If

28. If any person, being one of the people called Quakers,	L'wo
wovide substitutes

Jnstiws may

shall be chosen by ballot to serve in the Militia, and shall	'or Quakers, and l e v
ref~lse or neglect to appear and to take the oath and serve	,he expenses by &E- .rose, &C., or commit
in the Militia, or to provide a substitute, of the same I)is~ric:t,	,he defaulter.
or of sollie adjoining District, who shall take the said oat,h and subset-ibe his consent to serve as a substitute for such Quaker, the11 nlld in every such case any two or more Justices shall, if they shall t lh l r proper, upoii as reasonable terms as may bc, provide! and hire a fit person of the same District,
or of some adjoinins District, to serve as a substitute for such
Qnaker; 2nd such snhstitute sl~all take the said oa,th, and
auBserilw his consuut to serve in the Militia for the same term
and on the same conclitions as herc.iubefore directed in the case of
substitntcs produced by persons cllosen by bnllot; and any two or
more J~lutims inny and are hereby autl~orized by wnrrmt under their
bands and senls, to levy by distress a d sitle of the goods and chattels
of such (.Ju;iker such sum of riioney as shall be necessary to defray
the expense of providinq md hiring such substitute, rendering to
such Qualier the overplus (if' any) after deducting the charges of such
distress a t d sale, and if no goods or chattels belonging to such
Quaker c m bc found sufficient to levy mch distress, and it shall
nevertlteless :~ppenr satisfactorily to such Jrxstices, that such
Quaker is of suficient ability to pay such snm, then it s l i d be
lawful for such Justices to coiimiit such Quaker to the common
gaol, there to remain without bail or mainprize for the space of three
months, or tztitil he shall have paid sucli sum of money as such
Justices sbi\ll have agreed to pay to sucli substitute es iforesaid;
and in cilse ally measures s l i d bc used in making distress as afore-
said, which Inay be by any such Quaker thought oppressive, it shall
be lawful for such Quaker to complain to the Justices at their uext	Appeal to Juaticem at
meeting, who are hereby empowered and required to hear and finally	next meeting.
to deterluine the same.

29. No man shall be exempted froni service by reason of bodily infirmity, unless h	to require the attend..
Justices empowered

s l d have been carefully examined by ance of a surgeon,

some surgeotl bf comprtel~t	skill, and declared and reported unfit	who shell attend aad
make declaration

for service froni bodily infirmity, to be stated in such report; and	according to form.
the Justices assembled in their District Meetings shall, in all cases in which it may be necessary, before they proceed to allow any claim of exeinytion on account of bodily infirmity, cause such ex- amination to he carefully made; and it slid1 be lawful for any two Justices, a rd they are hereby empowered and required to summon, by two days' previous notice in writing, any competent surgeon residing at or nearest to the place where any meeting for appeals or enrolment shall be held, to attend at such meeting; and every such suqpoo shall, before he begins any such examination, make
the following declaration, which declaration any Justice is hereby
authorized to administer, that is to say-

I do solemnly declare that I will, to the best of

"Y

mv sbility, fnithfully and truly report RR to the fitnesa for s&vire of' the man (or men) about to be submitted to my exantioation; and that I will not receive from him (OP my of them) any fee or reward whatever for m y such ex- amination."

~ n c h

receive fur each daye surgeon $hat1 attendnnce, according at such nketina R 6;m or RIIUWUIICP, And every such surqeon shall receive for each day's attendance

to be recommended by the

to the extent of the Justices, not less than Half a Guinea, nor exceeding Two	duty performed not
Ism than half* guinPs Guineas, according to the extent of tile duty pcrfom~ed : Provided
nor more thautwo always, that the ..tccoui~ts and vouchers upon w l ~ i d ~ the said allow-
guinesa

ances shall be rthconin~ended by the Justices shall be ti anmitted to the Auditor-General in ~delrlidr, with the aecouuts of tlle District Clerks, for examination aud paynreut.

Men becomingunfit 30. Whenever any Militiaman, after l~aving been sworn and

may be discharged, but

enrolled, shall become unfit for st~rvice, it s l d be laafid for the

yby cammknding

Offlcer only, discharge Colonel or other Commaudallt of' the rcginlen t, battalion, or corps

must be confirmed by

two Jueticee. to which sucll Militiaman &all belong, together with any two or

more Justices of the District to whicl~ sucll regirllent, battalion, or eompny belongs, if the said regiment, battnlick, or company slmll then Be within the said District, or for the Cololwl or other Corn- mandltnt only, if the said regiment, battalion, or company shall be absent theref urn, to discharge such Militiaman from his regintent, battalion, or contpany; but another n ~ a n shall not be balloted for,

in the room of such Militian~an so discbargcld, until w c h discharge

&all be confir~~~ed under the hands of two or more Justices of the District to which s w h regimeut, hnttaliou, or company belongs, amembled at any meetiug i n the District fnr which such Militiaman was enrolled, or at any rnccting fox the District as atbresaid.

Vacancies by death. 3 1. When anv Private Militiaman shall, hefore the expiration of the term for which Ire was to serve, die, or he appointed it Ser- iennt. Cornoral. or Drummer it1 the Militia, or be discl~arered in

""l1 bi f i"~d

bp a fkeeh bdlot.

U U

n~ander afdresai'd as unfit for service, or in pu&onnce of the sentence

of a Court Martial, the Colonel or Comnwtnding Officer of the regig ment, battalion, or corps to which such private man shall belong, shall certify the vacancy occasioned by such death, appointment, or discharge (as the cme may be? to the Clerk of the meetings of- the District for which such rivrtte man sllall haw been enrolled, and

mch vacancy shall be fi led up by a fresh bdlot far a Militisrmaa, P

< to serve according to the proVisions of t h i ~ Act.

Justice% on certificate

of death, promotion, 32. m e n e v e r airy certificate, signed by the Calanel or other

&D., SW supply	Cornmandnnt of my regiment, battalion, or company of Militia
v.culciea	sb~U be transmitted to the Justices of the District for which any Private Militi~tnisn shall have been enrolled, or any such Private Militiaman having died, or been appointed a Sergeant, Corpwal, or
Dmrdrnw ia th8 Militia, W been dWrged. as being unfit for

service,

service, in manner aforesaid, or in pursuance of the sentence of s

Court Martial, such Justices shall and are hereby required to cause such vacancy to be filled up by ballot, immediately after the receipt of such certificate, except in such cases as arc in this Act excepted.

33. Any two or more Justices, at their several District H o w men shall be suppliwi in room of

Meetings, shall, imd they are'hereby required to ballot for Militia-

,vt,,se

men, in the room of all &~ilitiamen actually serving, whoso terms of service pill wrlre within one calendar

service will expire, or will be dismissed under any of the provisions ,,nth next ensuing

of this Act, within one calendar month then next ensui~ig the ; k z e e t i n ~ s o ~ JW

holding of sach District Meetinqs, and shall, at a following meeting, to be holden as soon as eonvebently may be, proceed to enrol the said balloted men, or their substitutes, as aforesaid; and the Corn- wanding Oficer of any regiment, battalion, or corp, is hereby em- powered, from time to time, to discbarge any man of his regiment, battalion, or corps, whose time of service will expire within one cdcndar month then next ensuing the holding of such District Meetings, and to receive any other Militiaman in his room, who shall have taken the oath and been enrolled accordiug to the directions of this Act; and every such man so discharged, ii' serving for himself, shall be entitled to the same immunity from further service as if he had served his full t c m; and if any such man so discharged was servin~ as a substitute, then the person for whom he served shall be entltled to the like immunity aforesaid.

34. If any servant whatever, hired for any time whatsoever, and vltntv S ~ M H Ofser- not vncata

in any manner, shall be enrolled as a &liliti:~mm, by virtue of this their contracts with

Act, such enrolment shall not vacate or rescind the contract, or ~ ~ ~ ~ i ~ ~ $ ' ~ ~ ~ i ~ ~ ~

alter the engagement between such servant and his master or em- embodied.

ploycr, unless the Militia of the District for which such servant shall

be enrolled shall be embodied or called out by the Governor, or

ordered so to be, i11 pursuance of this Act; and in every such case

where any dispute shall arise between such servant and his master or

emplover, touching any sum of money clue to such servant, for or on

accoGt of his service performed before the time of his departure from service, under the conditions of the said enrolment, or by being called	out to join the Militia in which he shall have been so enrolled, or
touching any abaten~ent to be made by such servant by reason
of his abscncc for the purpose of being trained and exercised,
it shall and may be lawful, on complaint made thereof to any
J~~st ice of the Peace for the Province, being in the District where such mister or employer shall inhabit, for such Justice to bear and determine every such complaint, and to examine upon Disputes toaching

' R es or ahstementr

oath every such servant, or any other witness, touching the U g thereof, under E20,

same, and to ndce such order for the payment of so much wages mhy he ~ettled by

to such servant, in proportion to the service he has performed, or ~ &: ~ ~ ~ I, ; " d ~ B ~,

a ~,

sue11 abatement from his wages, in proportion to the duration of his do not exceed the sum of Twenty Pounds; and in case o f r e f u ~ d ~ or

hsence: from his service, a8 the case may require, and as to mch

Q non-payment

non-payment of my sums so ordered to be paid by the space of twwty-one days next after such determination, such J ustice may and shall isme forth his warrant to levy the same by distress and sale of the goods and chattels of such master or employer, rendering the overpllls to the owner, after payment of the chargcs of such distress and sale.

Substitutes or volun-

teers not appearing t O 35. Every person who shall receive moncy from any other

be sworn shall raturn	person to serve as his substitute or to serve as a Volunteer in
the bounty, and be
liable to penalty from	the Militia as aforesaid, and shall neglect to appear a t the usual

40%. to 20s, or	be	meeting appointed for swearing in the Militiamen, or before some
mmrnittcd.	Justice, in order to be sworn, according to the directions of this Act, being convicted thereof before any Justice of the Peace, shall be obliged to return the money to t'he person or persons from whom be received it, and slid1 forfeit and pay to such person or persons any sum :lot exceeding Forty SldlingG, br less tllab Twenty Shillings, at the discretion of the Justice before whom he shall be so convicted; and if such offender shall riot immediately return the money so by him received as aforesaid, and likewise pay the said penalty, he shall be conlmittod to the common gaol or house of correction for three calendar montlis, or until the said sum shall be returned.

Two Justice8 may

order the money	36. If any person chosen by ballot to serve in the Militia the person so chosen by ballot shall have agreed to pay to the person so engafred a ccrtain sum for such service, it shall be lawful for m y one ~os?ice whcn the Militia of the District for ~rllieh such substitute s l d 1 be enrolled slinll rlot be embodied, and he is hereby required, after sucli substitute has been approved, accorcling to the directions of this Act, and enrolled By the Justices, in pursuance thereof, to order such s m of' money as shall appear to him to be due to the substitute so engaged to be irllil~di~tely paid to him, oa such en- rolment, by the person by or for whom Le shall be engaged to scrve
agreed to be given to	shall have engaged any other person to serve as his substitute, and
a sshstitute or volun-
tccr to be paid him,
as aforesaid; and in everv case vhere the Militia shall be embodied
to diiect any sum not exceeding one-half part of the said sum of at the time of such enrol&ent, it s l d l be lawful for the said Justice
money so engaged to be given as aforesaid to be paid to him forth- with, or to be advanced to such person, or to such of his family, and in such proportions as he shall request at the time of his such enrolment, and the remainin5 part thereof to be paid to and received by the Clerk of the District Meeting, who shall thereupon forthwith remit the same to the Paymaster or Battalion Clerk of the regiment, battalion, or con~pnny of Militia to which such sub- stitute or volunteer shdl be sent as m Militiaman, to be retained by him until such substitute or volunteer shall have joined such re& ment, battalion, or corps, and been approved at head quarters as fit
t o serve, and then to be paid or accounted for to such substitute or
volunteer; and if he shall not join, or be approved of, then such
money @hall remain in the hands of such Paymaster to be afW-

wards

wards applied in like manner to the payment of some other sub- stitute or volunteer, in lieu of the one for whom such nioney shall Elave been remitted, as aforesaid; and such Justice shall proceed therein for enforcing the payment of every such sum of money, in such and the like manner in every respect, and by all such and the like powers and authorities as is and are directed by and contained in an Act, No. 9 of 1847, " To amend the laws relkinR to Masters NO, s

le.+r.

and Servants," and as fully and effectually as ally two Justices are empowered to act in execution of the said Act; and if any such District Clerk sha,ll omit or neglect to remit such money within one week after the same s l d have been paid to him as aforesaid, such

Clerk shall forfeit and pay for every such offence the sum of Twenty p,,dtY on ,le& m,

Pounds. neglect, L 20.

37. In case any Officer, Sergeant, or othcr person shdl at Enlistment ofMilitia-

any time wilfully and knowingly enlist any man to serve in IIer ~~~~~'~~;~~~$g	Majesty's other Forces, who at the time of such enlietirlg sha.11 be Penalty on W man
enrolled or engaged to serve in the Militia, every such enlisting himself. offering to enlist
shall be deemed null and void; and in case any Militiaman, at the time of offering to elllint as aforesaid, shall &ny to the 'Officer, Sergeant, or other person recruiting for men to enlist and serve in
Her Majesty's other Forces, that he is (at the time of his offering
to enlisi) a Militiaman then actually enrolled aud engaged to serve (which tlie said Officer, Sergeant, or otlier person is hereby required to ask every man offering to enlist in Her Ma,jesty9s other Forces), or s l d l offer himself to be enrolled, and serve in any other regiment, battalion, or corps of Militia, every Militiaman so offending shall, on conviction thereof upon the oath of one witness before any one Justice of the pea&, be conuuitted to the cornruon gaol or house of correction, there to remain without bail or mainprize for and during any time not exceeding six months over and above ally penidty or punishment to which such person so offending is or shall be otherwise liable; and every person so offending, from the day on which his engagement to serve in the Militia shall end, and not sooner, shall belong as a Soldier to tlie Corps of Her M?jesty7s other Forces into which he shall have been so enlisted; and if any Officer And any Officer, &a, or otlier person shall enlist any man belonging to the Militia to serve enlisting men.
in Her Majesty's otber Forces, knowing him to belong to the Militia, or without asking him if he belongs to the Militia, every such Oficer, Sergeant, or other persou shall, for every such offence, forfeit and pay the sum of Twenty Pounds; and if any person actually serving
in any of Her Majesty's other Forces shall offer himself to serve
and be enrolled as a substitute in thc, Militia, every person so offend- h g shall forfeit and pay to the person informing of such offence Penalty on~oldien
tlie sum of Ten Pounds, or be committed to the common gaol or offering to serven* substitutes in the
house of correction for any time not exceeding three months. Mditia.

38. The money arising by penalties incurred for refusing to 4pplieationpf pen.L- ties for refusing to

serve in the Militia, or to find substitutes to serve in their room, ,	,	,	8,
811~11 be applied by any two or more Justices, within their respective Districts, in providing substitutes for the persons who have paid

B U C ~ penalties, which substitutes shall be approved, sworn in, and enrolled to serve, for the same term, in the same manner, and on the same conditions as hereinbefore provided in the case of sub- stitutes provided by persons chosen by ballot; and if any surplus shdl remain, the same shall he paid to the Colonels or other Corn- maudants of the respective regiments, battalious, or corps, in which

Returns of S ~ I C ~ pnatl- such persons ought to have served as Militiamen, and be applied as

ties shdl be trans-

Clerk to the Clerks of the meetings in of such penalties, with the names of persons aying the same, shall	mitted by the District part or return of the regimental stock; and the return of the amount
Adelaide. be transmitted by the Clerk of the District beetings to the Clerks

of the Meetings in Adelaide.

Justices of the Peace	39, In all cases in the execution of this Act, when any matter or thing is directed to be inquired of or cxaniined into, upon the oath of anv witness or witnesses, before anv Justice or Justices of the Peace, &ly such Justice or justices ofUihe Peace is or are hereby authorized to adwiuister such oath to any witness or wit- nesses; and that all other oaths or declarations to be taken in pursuance of this Act sha'll and may be respectively administered
authorized to ad-
miniater
by any Justice of the Peace.

How the Militia 40, Tlm Militia of the several Districts aforesaid, whenever

be formed and	the nan~bers	admit, shall Le formed into companies, the respective
officere&.

such company shall consist of not more than one hundred nor of less than fifty privatc men, and that to each there shall he one	strength of which shall be regulated as follows, that is to say-each ber raised is sufficienzt, the said companies shnll be fomnied into regiments, consisting of not more than twelve nor less than eight such companies; and where the number of men raised is not suffi- cient to form a regiment, the conyknies thereof sllull be formed into a battalion, consisting of not Inore than seven nor of less than four such companies; and where the number of men raised in any District is not sufficient to form a battalion of four such companies, the Militia thereof shall be formed into a corp, consistirlg of not less than three such compaxiies; and the Field Officers of such	regiments, battdions, and corps, respectively, shall in 110 case ex-	ceed the respective numbers and ranks following, that is to say-
in every regiment consisting of not less than eight l~undred prikate men, one Colonel, one Lieutenant-Colonel, aud two Majors; in every regiment or battalion of not less than four hundred- pivate men, one Colonel, one Lieutenant-Colonel, and one Major; and in every battalion consisting of less than four hundred men, one Lieutenant-Colonel and oce Major; and in every corps consisting of t h e e Companies, one Lieutena&Colonel or Major, and no other Field Officer: Provided always, that no Colonel or Field Officer in the Militia shall be a Captain of a company: Provided also, that every battalion consisting of five companies or upwards may have one company of Grenadier8 or Light Infaotry, to which two Lieu*
tenants shall be appointed, instead of one Lieutenant and one
Ensign; and that every regiment rnly have one company of Grena-

diers

d i m and one corn any of Light Idantry, to each of which companies

two Lieutenants S all be appointed, instead of one Lientenant and !l

one Ensign: Provided also, that to every company consisting of ROV~SO.

seventy -five private men and upwards, there may be two Lieutenants

and one Ensign, or three Lieutenants, as the case may be.

$1. I n the several Districts where the number of Militiamen In District8where

&all not be sufficient to form n regiment, battalion, or corps of there are not Militia- men sufficient to form

three companies, according to the intent and meaning of this Act, a ~esiment, battalion,

or corps, independent

the Militia of such District shall be formed into independent com- co,pony may be

panics, each company to consist of one hundred private men at the formed;

most, and of fifty private men at the least, with one Captain, one

Lieutenant, and one Ensign to each company, and that the Governor

may, whenever he thinks proper, order any number of such inde- And mg bo ordasd pendent companies of the Militia of di8ercnt Districts to be joined to joined together

together to form a regiment, battalion, or corps: Provided always, that the number of companies in any such regiment, battalion, or corps, be not thereby made to exceed the number of companies of which a regiment, battalion, or corps is hereinbefore directed to consist.

42. It shall be lawful for the Governor to cause the Militia of any The C+overnor may,

District to be formed and regulated in such manner as to the said his aiscrctionin order- in certain cuses, use

battalions, or corps, or to the uniting any number of companies formed and regulated.	Governor shall seem meet, in rcgnrd to the number of regiments, ing Militia to be
of any Districts, Counties, IIundrcds, or places, not having re- spectively a sufficient number of men to f o m a distinct battalion or corpsUof three companies for each, conforming in every case as near as the proportions of men will admit to the establishment with regard to regiments, battalions, corps, and compnnies in the Act particularly directed.

43. Every Officer of any Militia regiment, battalion, or corps, Rank ofoficemac-

who may have accepted or shall accept a commission or appoint- ~ ~ $ $ ~ ~ ~ ~ ~ $ ~ ", " n,

ment of the same rank in any other Militia regiment, battalion, or of Militia.

corps, and shall therehy vacito his former cokn~ission, shall ion-

tinue to rank in the general Militia service, accordir~g to the date

of his commission or appointment of the same rank in the Militia

so vacated as aforesaid.

44. The Governor shall and may appoint one proper person ctovcrror map ap-

who shall have served in some of Her Majesty's other Forces, ~ , O ' ~ ~ ~ { ~ ~ ~ ~ ~ ~ ~ :

or in the Militia of the Province while embodied, for the term of may bc rippointedto

three years at the least, to be an A d j ~ ~ t m t to each regiment, the rank oi Cn;~taia

battalion, and corps, of Militia; and it sl~all be lawful for the

Governor, on the reconlmendation of any Colonel or other Com-

nlmdant of any regiment, battalion, or corps of Militia, to appoint

the Adjutant of such regiment, battalion, or corps, to serve ~ ~ i t h

the rank of Ca bin, provided such Adjutant shall have served threc

years in the hilitia while embodied, or in Her Majesty's other

R Forces:

P ~ O Y ~ M.

Forces: Provided always, that no such appointment to the rank of Captain s h d be valid, unless in the instrument granting the same it be apecified in what regiment, battalion, or corps of Militia while embodied, or of Her Majesty's other Forces, such Adjutant has ~erved, and what was or were the date or dates of his commission or commissions: Provided also, that no Adjutant so appointed to serve with the rank of Captain, shall, by virtue of the date of such appointment as aforesaid, or otherwise, be entitled to rank above or

to command any Captain of a compauy in the Militia: Provided

dsq that no such Adjutant shall, by reason of such appointment

as aforesaid, be entitled to receive any greater or other pay than

that of Adjutant.

Tocorps h

than three cornpanlee 45. In every case where the number of private Militiamen

oftifiv men each. a raised in any District is sufficient to form a regiment, battalion, or

"r&m may ip corps, cons&tinting

pointed. of not less than three companies of fifty pri;ate

men each at the least, it shaIl be lawful for the Governor to appoint one fit and proper legally ynalified Medical Practitioner

to be Surgeon of such regiment, battalion, or corps; and every

such appointment shall recite the certificate of the person so appointed, and every such Surgeon, when tEic Militia is embodied,

shall be subject to the like rules, restrictions, and directions

in every respect, as far as the same may be applicable, as any Surgeon in Her Majesty's other Forces; and no such Surgeon shall be capable of holding any other commission, or of receiving any pay in respect of any other commission, in such Militia during the time of his being such Surgeon as aforesaid.

Appointment of	46. In every case where the number of Privde Militiamen raised in any District is sufficient to form a regiment or battalion, consisting of not less than three hundred private men, it shall be lawful for the Colonel of such regimelit or battalion, with the ap- probation of the Governor, to appoint one fit and proper persolz who has served in Her Majesty's other Forces, or i11 tlle embodied Militia, to be the Quartermaster of any such regiment or battalion respectively; and it shall be lawful for the Governor, on the recom-
Qnartermaater.
to serve with the rank of Lieutenant or Ensign: Provided always, mendation of the Colonel thereof, to appoint such Quartermaster
that such Quartermaster shall not be capable of holdins any com- mission, or receiving any pay in respect of any commission in any
company in the Militia, during the time of his being such Quarter-
master as aforesaid.
Appointment of	47. The Colonel or other Commandant of every regiment, battalion, or corps of Militia, consisting of not less than three companies, when such regiment, battnlion, or corps is not in actual service, may appoint a Kegimental or Battalion Clerk, who shall execute the office of Paymaster; but where the number of private men shall not be sufficient to form three companies of fifty private men at the least, no Clerk shall be allowed; but the Colonial

Regimental Clerk	as
Pay master.

Treasurer

Tredsurer and all other persons required by this Act to remit o r P BY any money to any Regimental or Battalion Clerk iu respect of the Militia, or on behalf of any men serving, shdl remit and pay all

moneys to be paid in respect of such company or companies, or on. behalf of any man serving therein, to the Comrna~iding Officer thereof, which Commanding Officer sl~all account for the same in like manner in every respect as a Regimental or Battalion Clerk.

48. No Adjutant, Surgeon, Regimental or Battalion Clerk, Pay- master, or Quartermaster in the Militia, shall be capable of being	No Adjutant, &c,, shall be appointed
Captain of a com-
appointed Captain of a company, nor shnll any person holding the	pany, &c.
commission of Captain of a company be capable of being ap- pointed Adjutant, Surgeon, Regimental or Battalion Clerk, Pay- master, or Quartermaster of Militia.
49. Sergeants, CorporaIs, and Drummers shall be appointed to the Militia in the following proportion, that is to say-when	Proportion of
Non~~commissioned
Officers, Corporals,
not on actual service, there shall be one Sergeant and one Corporal	and Drummorn
to every fifty private men; and when the Militia sl~all be drawn out into actual service, an addition shall be made so that tbere shnll
be one Sergeaut and one Corporal to every twenty private men,
and two Drummers to every colupany so drawn out; and when not on actual service, there may be any number of 1)rummers appointed, at the discretion of Colonels or ~omnulndants willing to clothe and pay the same as hereinafter provided; and all Sergeants, Corporals,
and Drummers shall take the following oath, that is to say-

&( I, , do solemnly promise and swear that I will be true and faithful, and bear true allegiance to Her Majesty Queen Victoria, and that I will faithfully serve in the Militia of South Australia, for the defence of the same, until 1 shall be legally discharged."

And the Colonel or other Conmandant of any regiment, battalion, or corps, consisting of two or more conlpanies of Militia, may ap- point a Sergeant-Major; and the Colonel or other Commandant of	every regiment, battalion, or corps, consisting of three or more	companies, when such regiment, battalion, or corps shall be drawn
out into actual service, may appoint a Drum-Majar: Pr~vided Prov iao.
always, that no person who shall be licensed to sell fermented or si)i&uoos liquors shall be capable of being appointed, or of serving, or receiving pay as a Sergeant, Corporal, or Drummer
in the Militia.

50. Any Sergeant, Corporal, or Drummer may be discbar ed Coloneln may dis- charge Sergeants, &C.,

by the Colonel or other Commandant, and the said Colonel or ot ier ,d

Commandant may appoint any proper person in the room of every P ,,ppOint oth,,,.

Sergeant, Corporal, and Drummer who sliall die, desert, or be dis- charged, all which Sergeants, Corporals, and Drummers so ap- pointed, shall take the like 08th as hereinbefore required to be taken by Sergeants, Corporals, and Ilrumrners respectirely.

51. In

D r n m m t m w 51. In case the Colonel or other Commandant of my re&

be kept we Fifers or

Yaaicirmh if c ~ ~ o ~ ~ I ~ ment, battalion, or cor S of Militia shall be desirous of keeping up

are wil l ingtodof~a~ any Drummers when t

the expenea 1 e Militia shall not be on actual service, or a

greater number of Drummers than is herein directed to be employed as Fifers or Musicians for the use of any such regiment, battalion,

or corps, when on actual service, and shall be willing to defray the

expense of such extra Drummers, it shall and may be lawful for

such Colonel or other Commandant to engage in their respective

regiments, battalions, or corps, any number of Drummers7 to be employed as Fifers or Musicians therein, or to retain over and above the number established by this Act, or at any time to engage any additional number of Drummers to act as Fifers or Musicians in their respective regiments, battalions, or corps, and such Drummers so engaged or retained, or in future engaged to serve in any such corps as Fifers or Musicians, sllall be deemed Drummers of Militia within the rneanirlg of this Act, to all intents and purposes whatsoever, and shall be subject to the same orders, regulations, penalties, and punishments as other Drummers of Militia are by this Act subject, and shall contime to serve as Drummers so long as they shall receive the smie pay and clothing as other Drummers have, when the Militia is embodied, or better clothing in lieu there- of, and no longer.

All Adjutants,

Non-cor?imissioned 52. And whereas it may be found expedient, in order to carry

OBcers, Drum- into effect the provisions of this Act, when the Militia is disembodied,

~;~;;.tzffof to retain, on constant pay, an Adjutant or Adjutants, and certain

Militia, subject tothe Non-~0m~li~siolled Officers, and also, from time to time, to increase

An d u w

the continuance of	the said disembodied staff: Be it Enacted, That all Adjutants and
their full pay, cwept	Non-commissioned Officers appointed to full pay, and all Drummers

" '" l"" life engaged under any of the provisions of this Act, shall be at all times

Imb, or corporal

p L~nishment.	during the coatinunnce of tlieir full pay under this Act, arid whilst the Militia is disembodied respectively, subject to any Act which shall be in force for punishing nrutiny and desertion,. and for the better payment of the army and their quarters, and to the Articles of War under the command of the Colonel or other Conlmandant of the regiment, battalion, corps, or company to which they shall
respectivclly belong; and it shall be lawful for the Colonel or other Commandant of any regiment, battalion, or corps, to direct the
holding of Courts Martial as hereinafter directed, for the trial of any Sergeant-Major, Sergeant, Corporal, Drum-Major, or Drummer,
by either a General or Regimental Court Martial, for any offence
against the said Act or Articles of War, during the time such r e p ment, battalion, cr corps, shall not be embodied, and for the trial of any Sergeant-Major, Sergeant, Corporal, Drummer, or private man of such regiment, battalion, or corps, who shall have deserted while the said regiment, battalion, or corps was embodied, and shall not have been apprelmded till after it shall have been disembodied, but so that no punishment shall extend to life or limb, or covyoral punishment by flogging.

53. If a sufficient number of Officers to form a Court Martial on such Adjutants, How Courts Martial

cannot be found, it shall be lawful for the Colonel or other Corn-	&C., shdl be held, &C,
malidal~t, a d in his absence for the Senior Field Officer of the regiment, battalion. or corps to vliicll tlie person on whom such Court Martial is to be held shall belong, to order any Officer of the Militia of the District or place to which such regiment, battalion, or corps dmll helong, actually rcaidcnt within thc District where such Sergeant-Major, Sergeant, Corporal, Drmn-Major, or 1)rur.u- mer, is to be tried, or nitbin ten miles thereof; to attend and assist as menhers of sac11 Court bfartinl, who sllall thereupon attend a t the time required, and assist accordingly; but no officer s l d l be entitled to rcccivc pay for ally such attendance: Provided always, that no sentence uf any Court Martial held as afirresaid on m y Sergeant-Major, Sergekit, Corporal, Drmn-Major, Drummer, or private m u, :M aforesaid, s l ~ l l he put in execution until it shall have been confirmed by the Cololiel c,r other Conmandant, or hy the Ficld Officer by whose order such C o u ~ t Martial Rrns assembled.
ITotv Sergeants, &C.,

54. Any Scrgennt, Corpor:d, or Dr~unmer of the ladilitin my, by may he reduced to

sentence of n C'ourt Altwtial, be recluccd to the cvsldition of a p i -	t lie ranke.
vate Militim~nn, to serve ns such during ally time not esceetliiig fifteen months, in case the regiment, h;~tt:llion, or corps, to which he belongs slmll not IIO tl~oil eiubodied, or called out iirto actual servico, and in case the regjment, L;ltt;rlioo, or corps to wliicll he belongs sl~nll be then cnllood~oel or called out into actunl service, to serve as aforesaid until the disembodying of' thc said wgirilcwt, bat- talion, or corps, afkcr which till~c, or at the end of the said fifteen nlonths, as the case n~lny Ex, if not r.egaltdy reappointcc1 to the
rank of a ~nn-comoiissi;ncil Officer or Drulumcr, La shall be dis-
charged from the service.
55. The clotlliug, nrms, and accoutrements of every Officer and private soldier s h l l be of a description and pattern mliicll shall	Arms and accoutre-
ments of the Militia.
be approved by the Governor, and every Alilitiaruan sllall, unless
otherwise ordered, appear so armed and accoutred at cvery muster

or other occasion of duty.

56. Every Field Officer of Infantry sltnll appear, on a11 occasions of field d ~ ~ t y, monnted on a cllarger of hnch vdne at the least, as the Governor shall from time to tiwe direct, and with such furuiture and equipmeats as the Govcrnor shall appoint. Equipmen6 of Officers.

57, No arms or accoutrements shall be issued to any Colonel or Command4na Officer* of 311litia to h' 'IVU re-

Cornmancling Officer of Militia for distributioll, save m d except by celyts arlti La account-

a special order of tlrc Chvan~or, and every such O)lul~r l or Com- $ : ; ; ;$ ; and lC-

manding Officer of Militia s21all give a receipt for all nrms and aceoutremerlts delivered to him for distribution, and d d l be ac- countable for the same until he shall discharge hiri~self by rendering

a sntidactory acco~lnt of the same.

58. The arms, accoutrements, clotling, and other stores belong- ~;:~fl;~L;a~~n~;~,

S ing embodied.

lug to the Militia, when not embodied, shall be kept in such con- ~ n i e n t place as the Governor shall direct, and it shall be lawful for

the Governor to order and direct a convenient and proper place for

that purpose to be provided or Built in every Militia District.

Arm#, &C.,	~ h d l	be	59. All arms and accoutrements delivered for the service of the Militia shall be marked distiilctly in sorile visible plncc with the letter M, and the name of the District or place to wldel~ they belong;
marked.

pendty On 8e1sn~*

pawning, or losing and in case any Militiaman shall sell, pawn, or lose any of his arms,

arms. &C., not ex- clotlies. accoutkments, or nmn~unit~iun, or r~errlect or r&se to return .-

U

ceeding f 15 c r three	the sake in good order to the ~ a ~ t n i; ~,	or to the pew011 appoin~ed
months' imprison-

ment.	to receive the same, when ordered bv his Cornmandine 0,ficer. everv
not exceeding Fifteen Pounds; and if such h'lilitiainan shall not such Militiaman shjll, for every suih offence, forfeitkd pi n su&
in~mecliately pay snch penalty, the Justice of' the Peace before whom he shall be convicted, shall commit hi111 to n house of correction, to be kept to hard labor fbr my time not exceeding three months, or until he shall have paid'the said peiialiy.
Penalty for buying	60. If any person shd1 knowingly and wilfully buy, take in exchange,

Militia arms, l o b

conceal, or oth~rwisc receive, any Militia arms, clothes,

or accoutrements, or any sl~cll articles bcloirgi ng to any Militiam:~~

as arc generally deemed regimcnbl necessaries, ace or cl in^ to tlie	custoiii of the Army, being provided for the soldicr, and palcl for by
deductions out of his pay, or a i ~ y public stores or aimnunition
whatever delivered for the Militia, upon any account or pretence
what.soever, contrary to the true intcnt and ineauii~g of this Act,
the ycrson so offencliilg shall forfeit and pay for cvery such off'eneo
the sum of Ten Pounds; and if such offender shall not immediately -
pay such penalty, and shall not have sufficient goods and chattels
wliereon to levy such penalty, thc Justice before whom he or she shall be convicted shall commit him or her to the common gaol, there to remain without hail or mainprize for the space of six months,
or until he or she shall haw paid the said fiue.

aovcrnor mny, with

nd+:ica of Executive 61. I t shall be lawful for the Governor, once in every year,

order that wit11 the advice of the Executive Council, to call out, if he shall see

the Militia shall be

for any term not cr- this Act, for the purpose of being trained and exercised, for any

exercised in m y year fit, the whole, or any part of the RIilitin Force to be raised under

m d l w 28 days, space, not exceeding twenty-eight days; aud the Militia of the several

Mil%ia of I'listricts Districts, or of any District, may be called out and exercised succes-

msp I,* called out sively; md for the purpose aforesaid, the men ~erving for the several

ruccessively.	Districts, or of ally District, or any part thereof, shall be called out to be so trained and exercised, in such manner and in sue11 pru- ~ortion, at snch time or times, place or places, witllin their respective
ROVIBO.	Districts as shall be appointed: Provided always, tlmt it shall not be lawful to order less than one conipany of Militia, at the least, with Officers and Non-commissioned Officers in proportion, to be trained and exercised together, unless the Militia of any District do not amount to so many.

During lime of exer-

ciee, Mutiny Act, &C., 62. During such time as any Militia shall be assembled, for the

Ib.uboiriforce,ex~apt purpose of hcing trained and exercised, a11 the clauses, provisions, -

matters,

to l ife limb

matters, and things contained in any Act of Parliament which shall

be then in force for the punishing mutiny and desertion, and for the corporal punishment.

better payment of the -4rmy and their quarters, and in the Articles of War made in pursuance of such Act, shnll be in force with respect to such Militia, and to all the Officers, Non-comn~issioned Officers, Drumners, and private men of the same, in all cases whatsoever, but so that no punishment shall extend to life or limb, or to corporal punisl~ment by flogging; and that it shall be lawful for the Oflicer commanding, or present with any detachment or division of Militia, cnllerl out to exercise, under any of the provisions of this Act, not being under the rank of Captain, to order, when he shall think it necessary, a Regimental Court Martid to be held for the trial of any

Jfa8n, under and durine his cornlnand: ancl if a suKicient number of shall be held.

off'cnce committed by any Sergeant, Corporal, Drumimr, or Private Haw Courts Martial

0 f f i r e r ~ shall not beupresent to collstitute such Court Martial, i t shnll bc lawful for the Conlniitndil~g O6cer of the regiment, bat- talion, or Corps of Militia to which any such detachment or division of Militia shdl belong, and he is hereby required, on application made to him by the Officer comnianding such detachment or division for that purpose, to order a sufficieilt u m b e r of Officers of proper rmk to at,tend for the purpose of assisting at such Court Martial, who shall forthwith attend the same, and assist as members tl~ercof;

and the sentence of every Court Martial shall, in every case, be submitted to the Colonel or other Cotkilnandant of the regiment, battalion, or corps, to wllicll such detachment or division shall belong, or (in his absence from the District) to the senior Field Officer within the same, or otherwise to the Coinnlandnnt of Militia

in Aclclnicle, for his approval tllereof, who dioll cause such seuterice

to be put in executiou, mitigated, or remitted, as lie shall in his

discretion think best for the service.

63. Notices of the times and places of exercise of the Militiamen, to be raised by virtue of this Act, shall be published in the Sout7b

Notices o f timvs and

plxes of exctciso

shall Issue fiwm the

Atutrnlicln	Government Gozette, by order of the Governor, and s l d l	Goverrior to the Corn-
rnivslul~er of lJolicc,

be scnt by the Clerk of the Meetings in ildelaide to the Clerks of' fiorri hirn to the Pu-

District Meetings, and also to the Con~nlissioner of Police in

lice Cor~stables, and

from tho I'ol~ce to rho

Adc~lnitte, who shall cause the men serving for each District named

men.

in the order of the Governor, to be called out in such order arid

course cs shall be ndtified by the Clerk of the Meetingsin Adelaide,

atid for that purpose shnll issue orders to the Police Officers and

Const:~hles of the several Districts directing them to affix a copy of

such notice on the doors of the several Police Station-houses in k c h

Districts respectively, which notice shall be deemed a sufficieut

Nutico on Police Sta-

lion-l~ouses sutFcicri t

notice to every person enrolled by virtue of this Act, notwithtaucling

11oti.q notwithstarid

ally omission in the delivery of written notices, in manner herein-

ing any omission of

after directed; and such Police Officers and Constables are hereby

written liotices.

required also to give notice in writing, to the several Militiamen

Written notices to the

who shaU be called out to be trained a id exercised a t snch times

men.

and places respectively, by serving them personally, or by leaving

the same at their usual place of abode, to attend at the time and

place mentioned in such order, and all such Militiamen shall duly

attend

attend at the time and place of exercise, according to such notice

respectively.

Clerks of Meetings

shall send lisrs of men 64. The Clerks of the Meetings in every District shall, within

and tirne and plaice of the space of ten days after the receipt of such notices, as aforesaid,

~xerciec tu Cu~ilmand.

ing Offlcers of 1)is-	cause B full a d true list,, specifyixlg the narue and date of the
tricta	enrolment of all the peraoos eurolled within eacliDistrict respectively, to serve in such Militia, and the t h e arld place of exercise to be trnnsmitted to the Comnlauding Officer of the regiment, battalion, corps, company, or troap of Militia for which such persons have been enrolled by virtue of this *4ct, or to such persou 3s shall be appointed by such Commanding Officer to receive the same.

Pennlty on men not 6 5. Every Militiannlm (not laboring under any infirmity inca-

appearing at exercise, pacittitirng l h ) who s h d not appear at the time and place appointed

or rliem-

selves, £20, or b i x

months' imprisun-	for his being exercised, accordiilg to the directious of this Act
maut.	(notice hiiving been published and given, as by this Act required), shall be deemed a (leserter, and if riot taken u11til after the time of any such exercise, shall forfeit and P;IV the sum of Twenty Pounds; and also ewry Militiamm who, 1~uviug~oinrd ille regiuwnt, battalion,
corps, or company, to which he belongs, or detacl~nient or division
thereof, shall desert or alose~t lliinself during the time of any fiuch
exercise, and shall not be t8alreil until after the time of sucli exercise, shall forfeit aud pay the surn of Twenty Pounds, md if such pe11:ilty shall not be immediately picl, the Justice of' the I'cacc hcfore whom any Milit,ianlan shall he convicted of m y such o&nce s l d l commit
such b1ilitia1n:m to the house of' cor~wtion to llartl labor, or to the
co~~inlon gaol, t,l~ere to remain, witllout bail or mainprize, for the space of six calendar months, or until 11e s l d l have paid the said penalty.

~f rncn absent them- 66. In case anv nI ibunan s l d desert or absent himself from

szlves for three

months, others shall	his duty, and s h d not retul n atid voluntarily surrender hirilself to
be balloted for.	the ~d;utzlnt or other Oficer, Comiissioned or Non-commissioned, comm&ding at any tow11 or place where the arms of the regiment, battalion, corps, or conlpnny to which lie shall belong shdl be
from the time of Lis so deserting or absenting himself, then, upon deposited, or shall not be taltcn within tlie space of three months certificate the~~eof from the Co1nrnaridil-g Officer of the regiment,
battalion, corps, or company to which he belon~ed, to tlie Justices,
at any of their Meetinas for the District for wli~cll such Militinnmn was enrolled, such Jilst41ces, or m y two or more of them, are hereby required to hold a District Meeting, and to proceed to ballot for another person to serve and be returned to sue11 resiment, battalion,
But

ing, shnll be compelled men return- corps, or oompany, in the rooh of such Militiaman; and in case such

to 6ervo. Militiaman shall at any time theresf'ter return, or be taken, he shall, notwitl~standing anv person shall have been choscn in his: room, be

Officer

Officer drall tllit~k proper. s h J l be laid out in the nlanner he s l d t l h k most advn~itng~ous for rach respective substitute, hired man, or volunteer; and suc11 Captail) or Comnlanding C)fiicer ~11411, on or befbre the last day of the a~olith next ensrli~~g that in which he s l i~ l l have rcceivcd such n~oney ns ~foresaid, account to such sub- stitute, hired man, or volunteer, how the s d siun or s u m shall hare been applied a11d disposed of, and shall, at the time of settling the accouut as aforesa.icl, pay over to snch substitute, hired niiin, or

uolunttw, the ren1:linder uf the sdd n~oney, if' my, wl~icll s11a11

not have Leeu so applied, disposed of, a d accounted for.

S ~ w ~ t ~ t e s Or v o l ~ n - 86" If any person sworn and enrolled in the said aiilitin, either

teem not joining or

S . a suhsti'tute or volunteer (not \a\)oriug unc~cr m y infirmity

sergeatlts&c- desert- inc~pacit:~t,irg	hinl to servc as H Militian~su) shall not with due
ing, &C., mny b

adjadged to furaher dilig(?iice joiu the rt@rnent., b;~ttdion, cl wps, or troop of Militia of

the ~ i s t r h or p l: ~ ? for which lw s1i:dl be so sworo or cmdled (in

case such regiment, l);tttxlio~r, corps, or troop sl~all tlwn he em-

bodied), accordi~lg to su1'1i order as sl~all 1)e givcsn hirn i n tlint respect hp m y Justice or .Justices, or by m y Officer of the said r q p e n t, battitlicm, corps, or troop, or by any othcr pcrson ztutl~o-

rized to give srich olvler, or if m y person serving in any embodied Mili tix as n suhqt itu te or x-ol~~ntuvr, or an V Sergeant, Corporal, Trumpeter, or Drurii~ncr shijll desert or absent l~ir~iself from his duty, every such Sergvant, Corporal, l'runipc.ter, Ihrnnwr, or private ~iiitiiunnn shall the liwhle to he appr~hen(1cd and punished according to the provisions of nrlv Act which sliidl be then ill fbrce for the pnnishinq lnutitly and de&tion, and f i r the hetttar pnynwnt of the arrlry and their quartem, a id o f the Artidvs of War rnacle in pursuilaice of the same, find may, by a ~ener;il Court Martial be adjudged to further service in tlte said Militia, for some period to be liniited.

When the Militia is

ordered out if ~ ~ u y 87. llrlwnct.er the whole rlunlbrr or any of the persons end

rhalltificrwirtlsdesert. rolled in the BIilitia of m y I)i&ct	or plnce s l d have hwn ordered
- .-

" ~ . ' to be dr:iwn O L I ~ and er&odied g ~ ~ ~ ~ ~ ~ as aibresnid, and in e n s ~ ~ ~ ~ ~ any of

three wantha. varan-

ciea ehali be filled	the persons so orderect to be drawn out arid enlbodied si.~all ai'ter-
UP bp bdlot.	waras make default, either by not appearing in pursunnce of any ~juch order as aforesaid, or by desertion or absence from duty, m d sucli person shall not be taken witliin the space of t h e e months fmm the time of such default, desertion, or abse~ce, then n VRCRI~CY
shall be declirred by the ~ m t i c r s at their first meeting, to be llolden
far elle District for which such person was e n r ~ l l e ~ ~, next ~ f t w the receipt of the certificate of such default, desertion, or absence, lrllder the hand of the Officer comms~~ding the regiment, battalion, corps, troop, or company, to which sucli person belouged, and the vacnncy thus occasioned shall be forthwith filled up by a fresh ballot.
In c a n the whole

shalt uut have been 88. 111 CR6e the whole of the Bfilitix s k d not have. been ern-

wlndied at first, the	bodied at first, nothing herein contained ehell be construed to debsr
Governor m q em-	the Qoverrlor from ordering the raminder of the said Militia, or

, , m m

Militia. so mny of the remainder of 4 e said Militia of nnj District or

place

$ace as the Governor shall think proper, to be drawn out and

embodied, whenever the occasion shall require, according to the provisions prcscribed- by this Act: and whenever the Governor shdl thiuk fit to draw out and embody any furtl~er part of the RiIilitizc, it shall be lawful for all Justices, and all other Officers respectivelv, and they shall respectivrly pursue the rules and directions here;nhefore prescribed for drawing out a i d embody- ing the first part thereof.

Such part of Militia

89. If, during such time as any part of the Militia, which shall ?:me been drawn out and cn~bodicd as is not embodied,

for service shall continw may be drawn out to

embodid, the Governor ~111211 deem it expedient that tlie Militia of

be exercised.

any District or place or any part thereof, which shall not a t such

time be actually enlbodiecl for service, shomld bc clrawn out in order to be trained and exercised for a li~iiited time, instead of being so embodied for service, according to the provisions of this Act, it s l d l be lawful for the Governor to cause the said Militia not actually embodied, or any part thereof, to be drawn out in order to be mustered, trained, and exercised, in such proportion, and for such timc, arid at such ~ ~ I E C ' C or places :IS lie shall appoiut, in man- ner as is 11~r~'inbcfore directed, for training and exercising the disembodied Militia; and thc same shall be mustered, tmincd, and exercised accordingly.

90. Whenever the wliole or part of the Militia of any District or place is ordered to hr, embodied, all the (Ificcrs, Non-Clotnmis-

Regulations fur

attiridut~ce of OfXcerr,

&C., on embodying

sioned Officers, Trlunpetcrs, I>runlmers, and Privates of every

Militia.

regiment, battalion, corps, or troop of the Militia of snc1lI)istrict or place so ordered out, s l d immediately join the regiment, hnttnliou, corps, or troop to which they respectively belong, at the time and place appoiiited for the euihodyiwg sucll Militia; and wl~enever tlle Militia of :wv District or place is called out and embodied by detachments or divisious, uricler any order of the Govcrnor for that purpose, pursuant to the provisions of this Act, it shall bc lawful for the Governor to order and direct the proportion and description

of Officers and Non-Comn;issioncd Officers, Drummers, and

Privates, who shall acconipany and form sueh detachnlents or

divisions of wen, and the respective establishments of such detiich-

ments or divisions, and also to regulate tlie numbers and duties of

all such Officers, Sergeants, Corporals, Trumpeters, and Drum~ners,

as shall renlairi within any such District or place, for the mustering,

training, and exercising of the remaiader of the Private Militiamen thereof, as the service may require, and to the Governor may seem most fit and col~venient.

9 1. It shaii be lawful for the Governor, from time to time, as from The Governor timo to time, map

he shall think fit, to disembody any part or proportion of any diselnbody Militia

Militin of any District or place embodied under this Act, and, from and re-embod~	them.
time to time, again to draw out and embody any such Militia so disembodied as aforesaid, or any proportion thereof, as to the Governor shall seem necessary, according to the rules and provi-
sions of this Act. 92, When

Militia, whan dis- 92. When the Militia, or any part thereof, having been so

embodied, shall be

subject to such orders

drawn out into actual service as aforesaid, shall be again dub

only, as before being

disembodied, and the Oflieers and men thereof dismissed to retarn

drawn out.

to their several places of abode, the Officers, Non-Conlmissioued

Of%icers, Drummers, and Private Men, shall be subject to tl~e'same

orders, directions, and engagements only as they were subject to

under the provisions of this Act, before they were so drawn out into

actual service as aforesaid.

In csse of invasion or

rebellion, if the foil 93. And whereas it may happen, in case of actual invasion, or of

proportion allowed by	imminent danger thereof, and in case of rebellion or il~swrection,
this Acc be not already
enrolled, the Governor	that the full proportion of nlen authorized and limited by this Act to
may,by Proclamation,	be enrolled to serve iix the Militia, s t d l not have been directed to he
call out Supplemen.
tary Militia.	enrolled by the Governor and Executive Council for the then current three years: And whereas it may be expedicnt, in such cases before. mentioned, that the Governor should be enipowered to increase without delay the number of Militia Forces fbr the more effectual protection and defeixe of this Province: Be it therefore Enacted, That it shall be lawful for the Governor, the occasioi~ being first communicated to the Executive Council, wit11 the advice of the said Council, to proceed forthwith to regulate a d increase the quotas of the several Districts then furnishing yuotw, and to ascertain, settle,
and fix the quotas of the I)istriuts, if necessary, anti to order and
direct by Proclamation, that, in addition to the number of' men then serving for the Province, there shall be forthwith raised am1 enrolled in the several Districts of the Provincc any number of iuen pro- portionate to the number in each fit and liable to serve, not exceed- ing the number of nlen limited by this Act as tlw greatest proportion to be at any time raised within any District, and the Justices of the Peace shall, immediately upon the issuing of any such Yrocl:tination, assemble in the several Districts, and forthwith proceed to raise and enrol such men, at such time or times as shall be specifictl ihr that purpose in such Proclamation; and all the powers, puovisious, regu-
latioos, rules, penalties, forf'eitures, bounties, c211owances, C ~ ~ U S P S,
matters, and things in this Act conthed, relative to the Militia, shall be applied, practised, enforced, and put in execution for the raising, trainiilg, and exercising, and for thc embodying and calling
directed to be raised and enrolled in as full and arrlyle a nmlrier, in out into actual service the Supplementary Militia, so ordered and
every respect, as far as the same can be applied and put in force, as if the said number of men so added to the Militia had been included in
the number of men already provided to be raised by virtue of this Act.
~hcGovernorbyPr0-
clamation may reduce	94. It shall be lawful for the Governor, from time to time (when- ever he shall deem it expedient t40 reduce the whole or any part of
and aisambog

Supplementary mi-	the Supplementary Militia, by his Proclamation, to declare such
tia, and the Privates

remain liable eo reduction accordingly; and iu case the shid suppfen~cntary Militia,

;; ; ~ b t ~ & ~ ~ ~ a a or any part thereof, shall bp then embodied), to disembody the same,

shall m ply v* or any number of Private Militiamen equal thereto, without regard

canci'e"O!! R pplnces to whether such men were raised and enrolled in pursuallce of any Proclamation for raising the Supplementary Militia, or were enrolled before, and were serving at the time of the issuiug thereof; and tbe Private Militiamen so disembodied as aforesaid, or so many of them

where	ong~nally en-
~0110d.

as

a may have been enrolled and not embodied at the time of iswlirxg such Proclamation, shall nevertheless remain liable to serve for the respective periods for which they shall have been respectively en-

rolled to gervc, and shall during such periods supply all the vacancies

that may arise in the respectivc places f'nr which they shall have been so enrolled, whenever called upon to do so; and tlie Justices of the respectiw Districts shall from time to time camuse any man or men, as the case may be, that may be required for supplying any vacancy or vacancies in tlie established Militia, that may arise for any place in their respcctivc I)istricts, to be providcd or balloted, as the case may require, according to the provisions of' this Act, until all the men remaining liable, and that shall be fit to serve, if' there be any, shall have supplied sucll vacancies: Provided always, that no ballot shall take placc for the raising and er~rolling ally Inan to supply any vacancy that may arise fro111 any placc so long as tlic same tarn be supplied fiom any men, or by ally 111a11 then enrolled for such placc, that shall remain liable, and be fit to serve: Provided also, tliat no man so remainin5 liable to serve as aforesaid for any place, shall be called upon or be liable to supply m y Vacillicy arising for any other place than tliat for which he shnll he originally c~irolled to scrve under the provisions of this Act: 1"ovidt.d also, that 110 such man so remain- ing lidde to supply such vacancy as afowsaid shall, clnring the time he so remni~ls liabfc, be capable of beiiiy oulipted into Her Najesty's Regular Forces.

95. All fines, penalties, and forfeitures by this Act imposed, which Recovery and appli- c~tion of panalties,

sha11 exceed the sum of Twenty Pounds, s h l l be recovered by action not otherwise

of debt, bill, plaint, or information, in any Court of competent jurisdic-	clircctcd-
tiorl in tlie Province, as the case shall require; and tliat all tines, peirdties, m d forfeitures, by this Act irnposed, which s l d l not exceed the sum of Twenty Pounds, shall, on proof upon oath of the off'cnce before any Justice of the Peace of the District or place where the ofYcnce shall be'committecl, be levied by distress and sale of tlle offender's ~ o o d v and chattels, hy warrant under the hand and seal of such Justice, rendering the overplus, if any, ort demand, after dcductir~g the charges of such distress and sale, to the person whose
goods and chattels shall have been so distraincd and sold; and for	want of suficient distress, such Justice is hereby required, in all
cases where no particular time of commitment is hereinbefore dircct.ed, to commit such oEender to the common p 0 1 of the District or place where tlle offence shall have been conrm~tted, for any time not exceeding three months, and the money arising from all such fines, penalties, and forfeitures, the application whereof is not other- wise particularly directed by this Act, shall be paid to the Clerk, or where tlierc are no Clerks, to the Comlr~anding Officers of the respective regiments, battalions, or other bodies of Militia, of the respective Districts or places wherc such offences shall have been respectively committed; end sllall be made part of tlie public stock
of such regiments, battalions, or other bodies of Militia respectively.

96. No order of conviction made by any Justice or Justices of NO order, &c.,of Jusv tices, shall be r e m o ~ d

the Peace, by virtue of this Act, s1i:hilll be removed by certiorari out by certiorari

of the District, county, division, town, or place whercin such order

shall

shall have been made into any Court whatsoever; and that no writ

of certiorari shall supersede execution or other proceedings upon 8ny such order or conviction so made in pursuancc ofthis Act, but

that execution and other proceedings slid1 be had and made there- upon, any such writ or writs or allowances thereof notwithstanding

firnitation of actions,

six monthe.	97. If any action shall be brought against any person or persons for anything done in pursuance of this Act, stlch action or suit shall
be comrnencedxithin six mouths next after the fact committed, and
not afterwards; and the defendant or defendants in ever.y such action
General issue.	or suit may plead the geueral issue, and give this Act and the special matter in evideuce a t any trial to be had thereupon, and if the jury shall find for the defendant or defendants in any such action or suit,
or if the plaintiff' or plaintiffk shall be nons~lit, or discontinue his,
her, or their action or suit, after the defendant or defcnclnnts shall have appeared; or if upon demurrer, judg111ent shall be given against
Treble costs,	the plaintiff or plaintiffs, the defendant or dcf'er~d;tuts s h l l have treble costs, and have the like remedy for the same as any defendant hath i n other cases to recover costs by law.
Rate8of PB for Of-

ficers and men when 98. And whereas i t is rlecessary that the rates of pay should be

embodied, ~ n d Dro- fixed for the Officers, on-conimissioned Officers. and Privates of .. - -

vision foi ~ * of the Militia, when &bodied c ~ ~ ~ for actual srrvico, and that provision

clothing, &a, when

disembodied.	should be made for defragiilg the charge of the pay, clotkog, arms, accoutrements, and coiltingent expeuses of the Militia to he raised under this Act: Be it Enacted, l'llat when the Militia is embodied.
t l ~ e rates of pay of the several Officers, Xou-conln~issioned ~ffieers;
Drummers, and Private Men of the Militia', shall be according to the rates in the Schedules fbllowine;; allcl wllcn the Militia is dis- embodied, the QAicers, on-comkissioned Ofticem, Drummers, and Private Men, except in the cases otl~erwise providcd by this Act, shall be entitled to pay at the rates given in the said Schedule, but
only for and during the period when they shall be respectively called out and assembled for training or exercise under the provisions of
this Act.

Rates of daily Pay of the under-mentioned Persons-

Every	Colonel.. ...................................................
Lieutenant-Colonel .......................................
Major .............................. .,.,... ..................
Captain ...................................................
Lieutenant ...............................................
Ensign or Second Lieutenant ...........................
Pay mast er ................................................
Adjutant ...................................................
Quartermaster .............................................
Surgeon ................................. ,., ..............
Sergeant-Major ..........................................
Sergeant ................................ .. ..............
Drum-Major ................................................
Corpol-al ...................................................
Private .................................. ,.......,., .........
Drummer ........................ .., .....................

99. For

there shall be granted a sum at the rate of not exceeding Five the Militia. 99. For the clothing of the llililitia to be raised under this Act, Rate for clothing of

Pounds for each Non-Commissioned Oflieer, Drummer, and Yrivahc

Man enrolled under this Act. .

100. There shall be granted for the pay and allowances of a PayofSrnffAdjutant. and Sergeants for one

Hundred and Sixty-five Pounds, and for the pay of a Staff--Sergeallt One Hundred and Eighty-two Pounds Tcn Shillings; and the said	Staff-Adjutant for the said Militia for one year the sum of Three ,., duties, and the said pay and allowance shall include forage; and the
said Adjutant when so ordered by the Governor, shall train and Adjutant when or- exercise the Militia in Adelaide, and in the several Ihtricts, if dered shall train the - - -
required, with the assistance of 'the Staff-Sergeant, who shall . be Militia in A M ~ ~ ~ ~

and in the eeveral

Districts with

under his orders; and in the event of the said Militia being raised, train and exercise the Militiamen in Adelaide and in the several Districts; and the said Adjutants and Sergeants respectively shall be appointed to any regiment, battalion, or corps raised within the District of Adelaide; and they shall be respectively subject to all the provisions of this Act to such Adjljutants and Non-Corn-

there sllall be paid the like sums for a Staff-Adjutant and Staff-

missioned Ofhers wl~ilst the Militia is disembodied.

101. A sum not exceeding Three Thousa~ld Pounds for the City Amount for suitable buildings to contain

of Adelaide, and Five Hu~dred Pounds for each and every other , , , , ,,, in hde-

Militia District, shall be allowed for the purpose of erecting a hide and inl)istricts.

suitable building to contain the arms, accoutrements, clothing, and

0 t h stores of tile Militia, in each Militia District, if found necessary.

102. There shall be granted for each regiment of &lilitia. when Alluwance for rnedi-

disembodied, a sum of ~ o i i e y after the rate : f Five Pounds f& every ~ ~ ~ ~ ~ a $ ~ & ~ ~ ~ ,

one hundred men of each suclr regiment, for the expense of neces- sary medicines for the sick Non-CGmmisdoned Ofic;rs, Drummers,

Fifers, and private men of such reg+nt, during the period or

periods of sssclnbly for exercise or t rm~ing; and also, at the rate continpnt fond mr

of Two Shillings and Sixpence per annum for each private man for	O' arms-
defraying the cost of repair of arms and otlier c o n t i q p t expenses

of each reginlcnt, Battalion, corps, or CwIpany; aulj	Allowance to Police
Constables for serving

shall be made to tltc Police Constables fbr tlic fulloaing services n~tices,	&C,
when rendered by them :-

2 S. d.

For filling up and delivering rrcrtiws to honwholdcrs. for each r l: iy

cousistitrg of eigllt lrours ............................................... 0 6 0

For making out list?, for cach folio of' sixty words ..................... 0 1 O

For attending any meetings of M n ~ i s t r ~ t e s on any matter u r i ~ l t ~ t h i s

Act where tlreir srtenditnce sl~ail be r ~ y u i r e d ..................... 0 5 0

For filling up and delivering notices to balloted tuw, per dny ...... O 5 0

For stationery per annulo ................................................... 0 5 O

103. This Act &all corrilrience and take cfftbct from ancl after ~ c t to take effect on

X day fixcd by I'locla-

such matiuu.

such day as may be fixed by the Governor by any ~roclshatian to

*be by him published in the South Australian Government Gazette: Provided that no such Proclamation shall be issued unless the num- ber of Volnteers, by the said recited Act authorized to be raised, shall, for the period of three calendar months, fall below the mini-

mum number thereby authorized to be raised, except in case of in-

vasion, or the imminent danger thereof. *

SCHEDULES

SCHEDULES REFERRED TO.

ACT No. 18 .

T o of the Militia District of Yeoman.

Take notice? that you are hereby requited, within fourteen days fi-om the date hereof, to prepare and produce a list in writing, to the best of your belief, of the Christian name and surname of each and every man resident in your dwelling-house, between the ages of 18 and 46, distinguishing in such list the several

mentioned in the columns thereof, and you are to sign such list with your own name,

and to deliver or cause the same to be delivered to me.

g g Neglect of compliance with this notice will subject the party to a penalty

of Five Pounds. --

Exempt Or not Grounds of

Name in full. Description. Age. exempt from

Militia.

Alfred Woodhouse ......	Housekeeper	40	Exempt	Clergyman
C. A. D. ..................	Servant	25	Not

-

-

A. B. ........................ Lodger 30 Not

-

L, M ......................... Inmate 18 Xot

N. B. If any house be divided into distinct stories or apartments, occupied diu- tinctly, each distinct occupier is to =aka this return.

Take notice, that the day of next, a t the hour of

in the forenoon, at is appointed for hearing appeals within thiv

District, by persons claiming to be exempt from serving in the Militia.

B. C., Police Constable.

ACT No. 18 .

[Return to be made I?y the Police Oficer or Constable, to the Clerk of the Mcetings of Justices of the Peace.]

List of persons between the ages of 18 and 46, dwelling within the town [or hundred as the case may be]	of	in the Militia
District of

Or Grounds of I

Name. Description. Ages. exempt from

Militia. exemption.

Alfred Woodhouse ......	Clergyman	40	Exempt	Clergyman
A. B. ........................	Inmate	20	Not

-

-	l
l

Cl. L). ........................ Servant 25 Xot

Take notice, that the day of next, at the hour of

in the forenoon, at is appointed for hearing appeals within thid

District, by pcraons claiming to be exempt from serving in the Militia.

bti, (?., Police Conatable.

' C

C

ACT No. 18 .

[Return to 6e made by the Justices in e v e y Ilfilitia District.]

Persons exempt from Servicc.

Local Divisions within the District,

City of Adelaide .. . ,... ... ..

Hindmarsh and Bowden ...

Wrtlkerville .. .. .. .. .. .. .. .. ..

Hutldred of Adelaide (rural)

General totals ,..

I

E- , W , -. - r C l r r ~ l r r ~ l r r ~ l r - _ I -_I-..-- p - - ----.-I---- A--- - --I.-

- --

Adelaide : Printed by authorit? by W, C. Cox, Qovarnmeot Pri2ter, tfictcria-square.