Rifle Companies Act 1878 (SA)

A. D. 1878.

No. 118.

An Act to orqanisr-, Rifi Contpnnies nud to encuwage t h ~ i r fbrmntion,

and to estclblislr n iVntioml H@e ~r!&ation.

[Asserltcd to, 30th November, 1878.1

W HERXAS it is desirable to olpllise Riflc Con~ganies anti to ~, ~ ~ ~ ~ b l ~,

mcouragc their formation, and to establish a. National Rifle Association to aid ill the defence of the p.orince in time of necd-

Uc it thcref'ore Eunctcd h y tllc: Governor of thc Province of South

Australia, with the ndviec and consent of the Iic~islativc Coan cil and House of Ssscmbly of the said province, in t h ~ s present Parlia- ment assemt3lccl, as fullows:

PRELIMINARY.

Council in pursuance of this Act:

1. This Act may be cited as '- 'l'lie Rifle Compnies Act, 1878." Short, titlo.

2. Tn this Act, unless the context shall ~~~~~~~wise indicate, the Interpretation.

following terms shall have the followiilg mcanings:

G; Rifle Company " shall mefin a Rifle Company enrolled pursuant

to this :M:

Association " shall niean Suuth Australian National Rifle Asso-

ciation:

Council " shall mean the Coancil of the Association:

Inspecting Oficiccr " sball mean the person who for the time

being shall be Inspector uf 'Rifle Clubs under this Act:

b6Rules" shall mean any rules which shall be made by the

2 41" & 4Z0 VICTORIB, No. 118.

----

Regulations " shall mean any regulations which shall be made

by the Governor in pursuance of this Act.

INSPECTING OFFICER AND CONSTITUTION OF RIFLE

COMPANIES.

Inrrpeoting OBoer.

3. The Governor, by commission under his hand and the seal of

the province, may appoint any duly qualified officer to be Inspector

of Rifle Companies for the purposes of this Act; and the Governor

may cancel any such commission.

Rifle Companies.

4. Any twenty or more persons desirous of taking the benefit of this Act map form themselves into a rifle company by severally taking and subscribing an oath in the form contained in the First Schedule, and by signing a memorandum in the form contained in the Sccond Schedule; and every such rifle company shall bc distin- guished by the name of the town or district in which it is formed, and such oath and mcmorandmz shall be forwarded to the inspcct- ing officer, who, on being satisfied that the same arc regular, and

that the subscribers are fit and proper persons to be members of a

rifle company, shall issue to sotrle person, on behalf of the company a certificate of enrolment in the iorm contained in the Third Schcdule, a copy of which certificate shall be publislied in the

Gouenznzmt Gazette, and after such publicatim the ride company

mentioned therein shall be deeaied to haw been duly formed and enrolled for all the purposes oi this Act; and the production of a copy of the Government Gm?t!e purporting to contain a copy of any such certificate shall bc conclklsive evidence thereof

Membership.	5. The inspcting officer shall cause to be kept a list of the members of every rifle company in the form contained in the Fourth Schedule, in which &all bc entered the name, addrcss, and description of evcry number, and the dates when mcrnbership shall conlmence and cease: and the cause of mcrnbership ceasiiig; and the inspecting officer shall, on demand, and on payment of the sum of	one shilling, issue to any member of n rifle company, a certificate	of membership under his hand, in the form contained in the Fifth
Schedule, and such certificate shali be primd facie evidence of the
membership sta,ted therein; and the prnductic~n of any dorumci~t
purporting to be a list of members of any rifle cvmpany kept pursuant to this Act, or to be a copy certified under the hand of the inspecting officer of any such list, or of any entry thcrein, shall
be conclusive ovidencc of all matters stated therein and required
to be inserted in the list by this Act: Provided that no rifle company shall be recognised for any of the pnrposes of this Act unless enrolled pursuant hereto, nor shall any person be recognised as a member of a rifle company for any of the purposes of this Act unless his name shall appear on the list of members thereof.

N ~ W members. 6. Every person joining a rifle company after the enrolment

thereof shall take and subscribe an oath in the form contained in the

First

___II 41' & 4-2' VICTORLZ, MO. 118.

Rifle Companies Act.-1 87 8.

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First. Gcfidule, and such oath shall be forwalded by some person on behalf of the company to the inspecting officer, who, on being satis-

fied that the same is regular, and that the subscriber is a fit and pro-

per person to be a member of a rifle company, shall enter the person taking and subscribing the same on the list of members of the company.

7. The inspecting officer may cancel or correct any entry in any Correction of m m -

list of members which may be made by mistake or improperly, and bera'zst8+

the Governor may require the inspecting officer to cancel or correct

any such entry, or to make any entry omitted by mistake or

improperly, and may on the application of any member of a rifle

company, showing sufficient reason to the satisfaction of the inspect-

ing officer, transfer such member from one rifle company to another,

and alter the lists of members of the company accordingly.

CONSTITUTION OF ASSOCIATION, COUNCIL AND

MANAGEMENT 'I'IIEREOF.

8. Every rifle company shall be incorporated with and form part A, wociation and

of an association to be called " South Australian National Rifle Association," and shall annually subscribe towards the funds thereof such sum as may be pescribedTby the rules of the association, which shall be governed by a Council, who shall have the sole naanage- ment of the business and affairs thereof, subject only to such control as is hereby expressly provided for, and such Council shall consist of the inspecting officer, and of the President, Vice-President, Secretary, and Treasurer of the Association, and five ordinary members, and all the members of the Cnuncil, except the inspecting officer, shall be appointed annually at a meeting of delegates from rifle companies, to be convened by the inspecting officer, and a t which one delegate from each rifle company shdl be entitled to attend and vote.

9. The inspecting officer shall be a member of the Council, and TO&,.

shall have a vote, and a t overy meeting of the Council or of delegates from rifle companies, five shall form a quorum, and ques- tions shall be decided by a majority of the votes of persons voting thereon, and the decision shall be deemed the act of the Council or delegates.

10. The C;ovcrnor shall have supreme control over the Association aovernor t o control

and over the Council business and affairs thereof, and may exercise Auociatioe

all powers and discretions exerciseable by the Council, and may

cancel or alter anything done by the Council, and the Council shall

exercise all their powers and discretions subject to such directions, if

any, as may be given by the Governor, and the decision of the

Governor shall be final in all matters.

DUTIES

4 41' & 42' VICTORTB, No. 118.

Rifle Companies Act.-1878.

DUTIES AND PRIVILEGES OF RIFLE COMPANIES AND MEMBERS THEREOF.

Companierr may be

oalle? out for military 11. The Governor, by Proclamation in the Government Gazette,

LBTVICB.	may call out all rifle companies for military service in case of invasion or attack on the province or its dependencies, or of rebellion or insurrection therein, or of danger of such invasion, attack, rebellion, or ipsurrection, and on any such proclamation, every member of a rifle company shall assemble in obedience thereto, and shall place himself under the command of the officer commanding the South Australian Military Force, and shall be subjcct to the Mutiny Act, and all rules, regulations, articles, and discipline to which members
of such military force shall be subject, as if he were a member of
such military force, and until the Governor, by Proclamation in the
Government Gaxette, shall signify that the services of the rifle com-
panies are no longer required.
12. No punishment to be awarded to my member of any rifle company shall, except in casc of misconduct in the pesence of' the enemy, extend to death or flogging, and no member of any rifle com- pany shall be ordered for service outsidc the province.
Punishment for non-
compliance with call	13, If any member of a rifle company shall refuse or ncglcct to obey any call made pursuant to section 11, not bcirig prevented by infirmity disabling him from active service, or by absence from the province, the proof whereof shal! lie on hirn, he shall on conviction for any such offence, forfeit and pay a penalty not lrss than Five nor more than Fifty Pounds, and be liable to be inlprisioned for any term not exceeding three months.
to service.
Drill and pay.	14. Every member of a rifle company shall attend drill at least ten times in each year unless prevented< by illness, absence from the colony, or some reason satisfwtory to the inspecting officer and shall, when required, but rmt oftener than twice in every yew, parade
for the inspection of the inspecting officer at such coni'eni~nt in the district in which the company shall bc formed as may be ap- place pointed by the inspecting officer, and shall, after assembling
pursuant to any call to military service, and mti l notification that the services of ride companies are no longer required, be entitled to receive the same amount of remuneration as if employed in the Volunteer Force of the Province, and shall, subject to regulations, be entitled to a rifle on loan at the public cost, and to be furnished with one hundred rounds of ammunition during every year of his membership, and with such further supply, if any, as may be pre- scribed by the regulations on such terms, inclucling:[payment, as may be fixed thereby.
Prism.	15. So long as there shall be rifle companies, numbering five hundred members at the least, there shall be amually set apart out of the Genera1 Revenue of the Province a sum of Two IIundre'd Pounds at the least, which shall he paid to the Council to be applied

in

41" & 42' VICTORIB, No. 118.

R@ Companies Act.-1878.

in prizes fbr rifle shooting amongst the members of rifle companies,

subject to such rules as may be prescribed.

16. The members of every rifle company may appoint their own ~i i icem and uniforaar

officers subject to the approval of the Governor, and may fix their times and places for drill, and every member of a rifle company, when called out for service, shall wear a distinctive uniform, to be decided upon by the Council, subject to the approval of the Governor.

RULES AND REGULATIONS,

17. The Council may make rules not inconsistent with this ,4ct Council UY make

rules.

for the management of the business and affairs of the association and of rifle companies, and for the discipline and better government of rifle companies, and for carryicg oat this Act, which rulcs shall be submitted to the Governor for confirmation, and, upon confirma- tion thereof, shall be published in the Government Gazette, and afterwards shall be judicially noticed and shall have thc force of law; and the production of a copy of the Government Gazette, pnr- porting to contain a copy of any such rules, ghall be conclusive evidence thereof, and such rules may provide for the enforcement thereof against any member of any rifle company by ihe imposition of any fine not exceeding Five Pounds.

18. The Governor may make regulations not inconsistent with aovepor map matre

regus.tiom-

this Act, for carrying the same into effect, and for enforcing the the force of law; and the production of a copy of the Govvrnment

provisions thereof, and such regulations shall be published in the

Gazelle, purporting to contain a copy of any such regulations

shall be conclusive evidence thereof,

CESSER OF MEMBERSHIP AN11 EXPULSTON O F

MEMBERS AND CLUBS, ANu I)ISSOLU'l'loN OF

ASSOCIATION AND CLUBS.

19. No person, having become a member of a rifle company, a,,,,,

shall cease to be a member thereof until an entry to that effect shall have been made in the list of members, and no such entry shall be made except in the following cases-

I. If the member, having attained thc age of fifty years, shall

give written notice to the inspecting officer of his desire to

retire-:

11. On the expiration of three calendar months after the member,

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

the inspecting officer of his desire to retire:

1x1. If the member shall be transferred to another rifle club:

8 41° & 42C VIC'CORIB, No. 118. --

.R@? Conzpnnies Act.-1878.

-.~----.-----

~ v. If the meiuber shall be expelled.

Expalsion.

20. The Council may expel any member of any rifle company who shall be guilty of any infraction of the provisions of this Act, or oi any rules or regulations, or who, in the opinion of the Council, may

be proved to be unfit to be a member of a rifle company, and may

expel from the association any rifle company which s l d l be guilty

of any infraction of the provisions of this Act, or of any rules or

regulations, or if the nutliber of the members thereof shall be reduced below twenty; but an appeal from the decision of the Council expelling any member or rifle company shall lie to the Governor, within twenty-one days after stlch decision, and the Governor may cancel or confirm such decision.

Appeal.

21. The inspecting officer, on the expiration of the time for

appealing, if no appeal be pending or on the ~ j l p e d being disposed

of, if the decision shall be confirmed, shall publish in the Government

Gazette a notice of the decision of the Council expelling any member

or rifle company, and after such publication the member or rifle com- pany shall be deemed to have been duly expelled, and to forfeit a11 the benifits of this Act, and the production of a copy of the Government Gazette, purporting to contain a copy of any such notice, shall be

cor~clusive e.vidence thereof.

22. The Governor, by proclamatioa published in the Government Gazette, may dissolve the Associdtion, or any rifle companies, and

after the public~tiori of such proclamation the Associatian or com- panies dissolved shall forfeit sll the benefits of this .Act, a13d the production of a copy of the Gozwrnment Gnxeite purporting to con- tain a copy of any such proclamation shall be conclusive evidence thereof.

Surrender of rifle

and uniform.

23. 13wry person esp211ed from n rifle compariy, or belonging to a rifle company which shall be expelled froin the Associittion, or which shall be dissolved, and in the event of ihe diusolution of

the Association every member of every rifle club shall forthwith deliver up to the inspecting officer, or to such person, and at such place in the district in w l k h the club in question shall have been

formed as shall be appointed by tile inspecting officer by notice published in the Govenment Gmette, the rifle and all nnexpendcil ammunition with which he shall have been supplied pursuant to this Act.

OFFENCES AND MISCELLANEOUS.

Penalty for offences.	24, Any person who shall-
I. Knowingly buy, sell, or take in exchange, conceal, or, with-

out satisfactory accounting for the same, receive, or have in his possession any arms or ammunition delivered for the use of any rifle company, or solicit or entice any person to buy,

sell, take in exchange, or conceal the same:

11, Or

41" (8, 42' VICTORIB, No. 118.

RiJe Cornpatries Act.-1878,

31. Or who shall falsely represent himself to be n member of any

rifle company:

m. Or who, not being a member of a rifle company, shall wear the uniform, or any part of the uniform thereof:

rv. Or who shall make default in delivering up any rifle or

arnrn~inition as required by section 23 :

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

25. Every pt*occeding under this Act fbr anythin? to which any Reoovev of penaltiee.

penalty is attached by this Act, or any rule to be rnide. tllcrruuder

may be had and taken before. and be heard and determined in a

summary way by any special magistrate or two justiccs of the peace under h e provisioils of an Ord ina~~cc of the Governor and Legislative Council, No. 6, of 1850, intituled 9'0 facilitate the pcrforrnance of the duties of justices of the peace ont of sessions with respect to surnlnary convictioils and orders," or of any Act now in forcc or Elereaftcr to be in force r61uting to the dutics of justices of the peace with iespect to summary convictions and orders, and all convictions arid orders made by such magistrate or justices rnay be enforced as in the said Ordinance, 01% in any other Act as afore- said is or shall be provided.

26. Thcre shall be an appeal to the 1,ocal Court of Adelaide of Appeal.

Full Jurisdiction only from every cor~vicrioi~ by any special magis- trate or justices for any offence again$,-, this Act, and from every dismissing any information or cornplam t-, or from illly other order nladc by such ~nagistrntc or justices u i ~ l c r this Act, and the pro- ceedings in such appcal sllall be contlucted in manner appointed hy the said Ortlinuuc l, No. G of 1S50, for appeals to Local Courts,

or any Act to bc hereafccr in force regulating such appeals, and the

Local Court of Adelaide aforesaid shall also have power to make such order as to the payment of the costs of the appeal as i t shall think fit, although such costs may exceed Ten Pounds.

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

this Bill.

WM. F. DRUMMOND JERVOIS, Governor.

41." & 420 VICTORIB, No. 118.

RiJle Companies Act.-1 878.

SCHEDULES REFERRED TO.

FIRST SCHEDULE.

Oath to be taken by intending members of Rt$e Compny.

I of do swear that l. will be

faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs and successors according to law, and that I am desirous of. being enrolled a member of

the Rifle Company, y r s u a n t to the Kine Companies Act, 1878.

50 help me God!

Sworn at this day of 18 ., before me

SECOND SCHEDULE.

Memora9zdunzfor purpose offorming R<$e Company.

W e, the undersigned, are desirous of forh~ing a Ride Company, to be called the

Rifle Company, pursuant to the Rlfle Companies Act, 1878.

l

Name of Subscriber. Addresa. Description. Signature. Witness.

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THIRD SCHEDULE.

Certificate of enrolnzent Oyf. R@ Company.

I certify that the Ride Company is duly enrolled, pursuant to the Rifle

Companies Act, l b'i8.

Dated this day of 18 .

Inspecting Officer.

+

FOURTH SCHEDIJLE.

List of Members of the RiJle Company, kept pursuant to the R y e C'ompanies

Act, 1878.

Date of Came of

Membership Membfrship

ceasing. ceasing.

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l -

F I F T H SCI-IEDULE.

Certz9cate of Membership.

Pursuant to the Rifle Companies Act, 1878, I certify that of

is a member of the Rifle Company.

Dated this day of 18 .

Inspecting Officer.

Adelaide : By authority, E. SSILLBR, Acting 6overnment Printer, North-terrace.