The Naval Discipline Act 1884 (SA)

ANNO QUADRAGESTMO SEPTIMO ET QUADRAGESIMO

OCTAVO

A.D. 1884.

No. 307.

An Act for the Commissioning of Ships of War and the

Establishment of a Naval Brigade.

[Assented to, Sejtember loth, 188'l.

HEREAS it is desirable to provide for the commissioning of Preamble.

ships of war and the establishment of a Naval Brigade for South Australia-Be it therefore Enacted by thc Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

1. This Act may be called The Naval Discipline Act, 1884." Short title.

2. For the purpose of defending the coasts of this province, and Governor authorised

of co-operating in time of war with the ships of the Royal Navy, in to of commission war, and to ships engnge

such manner and for such periods as the Governor shall amrove- men to fieme therein

the Governor may, on behaff of Her Majesty,place in cornGissio;

any armed vessels that the Parliament of this province may from

time to time direct to be maintained, and may engage the services

of any persons to serve in the naval forces of this province upon

the terms and conditions hereinafter provided: Provided also that

the number of persons under engagement at any one time shall not

exceed one hundred, or such greater number as shall from time to time be fixed by the Governor by Proclamation in the Government Gazette; but no such Proclamation shall be issued while Parliament

is in Session unless an Address has been passed by both Houses of

Parliament, praying for the issue of such a Proclamation.

8. Such person8 shall be raised by voluntary entry from among Force to be raised bp voluntary enlistment.

A-307. seafaring

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The Naval Discipline Act.-1884.

seafaring men and others who may bc dccmed suitable for the service in which such volunteers are to bc cmployed, and are to be so raised and entered at such times and in such places in the said province as the Governor shall from time to time direct.

u d	to be taken.	4, Emry volunteer raised under this Act shall take and sub- scribe, before some Justice of the Peace or some commissioned officer as hereinafter provided, the oath contained in the First Schedule hereto; and it shall be the duty of such Justice and oficcr to transmit to the Governor, or to such person as he may appoint in
that behalf, every oath so taken and subscribed.

Term of service. 5, Every volunteer raised under this Act, and who shall have

taken and subscribed thc oath as afuresaid, shall, at his option, be

entered for the term of three or five years, and, whether eniployed regularly or only occasionally during such term, shall be subject as a volunteer to the provisions of this Act during such term and no longer, save as hereinafter otherwise provided; and at the expiration of the period of his servicc as volunteer he shall be entitled to claim his discharge, save as hereinafter provided; but, when any volunteer shall be entitled to claim his discharge as aforesaid, he shall continue liable to thc provisions of this Act until actudlly discharged by the Governor or some officer duly appointed by him to give such discharge.

Governorma~a~poin t 6. The Governor may appoint fit and propcr persons to be officers

officers.

of such volunteers, and may issue commissions under his hand and

the seal of the province, ard may withdraw, alter, or amend such

commissions.

A~pointmentof war- 7. The Governor, or any person to whom he may delegate his

rant and petty officers.

authority in that behalf, niay appoint fit and proper persons to be

warrant and non-commissioned or petty officcrs of such volunteers.

Title of force. 8. The force so constituted shall be called the South Australian

Naval Brigade, and is hereinafter called the Naval Brigade.

Pay and allowances.

9, The Governor niay fix the bounties on enlistment and re-

enlistment, and the amount of pay and allowances to be received by

the volunteers aforesaid: Provided that such bounties, pay, and

allowances shall not exceed in amount the respective sums voted by

Parliament for the services of the Naval Brigade.

make regulations for

The Governor may 10, The Governor may make rules and regulations for the employ-

the of&e ment, suspension, or dismissal of tho members of the Naval Brigade,

Naval Brigaaey and

for carving this Act,:	and for enforcing good order and discipline among them, and other-
into effect.	gise for carrying out the objects of this Act, and may, from time to time, annul, amend, and add to the same, or make others in lieu

"

thereof; and such rules and regulations shall be published in the

Government Gazette, and, after such publication, shall be judicially

noticed by all Courts and Justices of the Peace, and all such rules and

regulations

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Tne Naval Discipline Act.-1884.

regulations shall, within fourteen days after the making thereof, be laid before both Houses of Parliament if Parliament be then sitting, and if Parliament be not then sitting, then within fourteen days after the commencement of the next Session of Parliament.

11, On the summons, by Froclamation hy the Governor in the Liable to active service when sum-

Government Gazette, and on all occasions of actual invasion of the ,,,,, in

of

colony, or of hostile attack thereon, or upon the making of any invasion, &c.

general signals of alarm in the manner prescribed, the members of

the Naval Brigade not already in active service shall forthwith

repair to the renriezvous prescribed, or otherwise assemble as pre-

scribed, and shall thenceforth be liable to active service in accor-

dance with the rules and regulations.

from the province on leave, or laboring under an infirmity disabling obey summons. 12, Every member of the Naval Brigade who, unless absent Refusal or neglect to

him from active service, shall refuse or neglect to repair to the rendezvous, or join the assembly of the Naval Brigade as aforesaid, shall be deemai a deserter, and be liable to punishment as such.

13, Every member of the Naval Brigade, from the time of his M u t i n y ~ c t and

Articlea of War to

entering upon active service until his services shall be legally dis- ,,l,

d,,rin,

pensed with, shdl, while serving ashore or afloat within or beyond service.

the limits of this province, be and continue subject to the enact-

ments and regulatioris for the time being in force for the discipline

of the Royal Navy.

14, The Governor may, from time to time, appoint five persons, Power to constituto

being commissioned officers under this Act, or being Special hlagis- trates or Justices of the Peace, of whom three shall be a quorum, to be a court to hear and determine all offences committed against this Act, or the regulations made in pursuance hcreof, and shall appoint one of the persons afnrcsaid to bc prcsidcnt of such court,

shall be governed by the regulations to be made hereunder. and the procedure of such court and all matters connected therewith 15, Such court shall have the power of punishing, for contempt Power to compel at- tendance of witnesses,

of court, by fine not exceeding Five rounds, or by imprisollment andpunishfor con-

for not more than twenty-four hours, and shall have the like power tempt-

of adjournment and of enforcing the attendance and examination

of witnesses as Justices of the Pcace have under Ordinance No. 6

of	1850, and any statutc extending or amending the same.
16, Such court shall have power to censure, fine, and imprison, Power to punish.

with or without hard labor, and to dismiss from the service, any person found guilty of offences against this .Act, or the rules and regula- tions to be mark hereunder: Provided that no person shall be liable to pay a fine exceeding Fifty Pounds, or be imprisoned for more than six months.

17. In addition to any other punishment herein provided for, ~ ~, " ~ $; ; y ~ e

such

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me Nava E .Discipline Act.--1884,

amount of damage in such court may further adjudge any offender to pay such amount certain c a m.

as shall make good any loss or damage to the Government property with which he may have been entrusted, or any part thereof, in all cases where such damage or loss shall have been occasioned by his wilful neglect or misc&duct, and such amount may, by virtue of such judgment, be recovered by summary proceedings before any two justices of the Peace at the suit of any person appointed by the said court to sue for the same, or may be stopped from the pay or allowances of the offender in such mode as the court shall direct,

Challenge of judgea 18,

In all trials by such court, as soon as the president and other members appointed to serve thereon are assembled, their names shall be read over in the hearing of the accused, who shall thereupon be asked if he desires to be tried by the president or by any of such members, and if the accused shall then object to the president, such objection, unless disallowed by the majority of the other members of the court, shall be referred to the decision of the authority by whom such president shall have been appointed; but if the accused object to any member, other than the president, such objection shall be decided by the president and other members so appointed; and when the place of the president or other members in respect of whom any challenge shall have been made and allowed

by accused.

Oath of judgee.	shall have been supplied by some member in respect of whom no
challenge shall have been made or allowed, and, if no challenge shall have been made, or, if made, not allowed, the oath in the Second Schedulc to- this Act shall be administered by the president to the other membcrs, and afterwards by some sworn member to the president.
to be drawn up,

Proceedinge of court 19. When any such court has, by a majority of its members,

signed, and sent to	decided upon and recorded their sentence, the proceedings shall be
the Governor.	drawn up in writing, and signed by the president of such court, who shall thereupon forwa'rd them to the Governor for confirmation.
Sentence of court to	20. No sentence passed by any such court under this Act shall be gut into execution until confirmed by the Governor, and it shall be lawful for the Governor to withhold his confirmation and to remit either wholly or in part any such sentence.
be codirmed.
As to swearing and

summoning witnesses. 21, The president of every such court shall administer the oath

or the affirmation contained in the Third Schedule hereto to every

Wiheaacs not liable	witness or other person who shall be examined before such court
to arrest.	in any matter relating to any proceeding before the court, and every person as well civil as military who may be required to give or produce evidence before a court may be summoned by the president of the court, and all persons summoned and attending as witnesses before any such court shall, during their necessary attendance in or on such courts, be privileged from arrest, and

. shall, if unduly arrested, be discharged by the court out of which

the writ or process issued by which such witness was arrested, or,

if such court be not sitting, then by any Judge of the Supreme

Court

47' & 48' VICTORI&, No. 307.

The Naval Discipline Act.-1884.

Court upon its being made to appear to such Court or Judge, by affidavit in a summary way, that such witness was arrested in going to or attending upon or returning from such court; and all witnesses so duly summoned as aforesaid who shall not attend on such courts, or attending shall refuse to be sworn or to affirm as aforesaid, or, being so sworn, or having so affirmed, shall refuse to give evidence, or shall not produce the documents under their power or control required to be produced by them, or to answer all such questions as the court may legally demand of them, shall forfeit and incur such penalty not exceeding Five Pounds as the court may direct and adjudge.

22, Every person who, upon any examination upon oath before Pen* On persona

Gving false evidence.

any such court held in pursuance of this Act, shall wilfully and cor- ruptly give false evidence, shall be liable to the penalties of wilful and corrupt perjury.

aforesaid for trial before any such court, the president of the court court. 23. Whenever it is intended to bring any person employed as Accused to attend

shall issue a summons under his hand to such person, commanding him to attend at a time and place to be therein specified; and if such person do not appear at such time and place he shall be deemed to have waived his right of challenge, and the proceedings shall be carried on as if the accused were present.

24, When the proceedings of such courts have been duly con- mceedingatobe

firmed, and the sentence promulgated, the proceedings are to be Genedp*

deposited in Attorney-

forthwith returned to the president, who shall forthwith transmit the

same to the Attorney-General for record in his office.

25. Any person who has been tried bv such court, or any person Cop~maybe obtained

on his behalf, shall bc entitled, on demadd to be made within the on demand.

space of six months from the date of the final decision on the pro-

rate of sixpcnce per folio of seventy-two words), whether such sen-	ceedings, to n copy of such proceedings (paying for the same at the
tence shall be approved or not, as soon after the receipt of the pro- ceedings at the office of the Attorney-General as such copy can be conveniently supplied.

26, In all cases in which the same court tries more offenders Same court trying more offenders than

than one, and they are arraigned on separate and distinct charges, ,

the members of the court shall be re-sworn at the commencement of

each trial, and the proceedings shall be made up separately, and

signed as if each offender had been tried by a. court composed of

different members.

.

27. No person who has been acquitted or convicted of any N o ~ ~ n d t ~ f o r

offence by any court under this Act shall be liable to be tried a -onqbeaUoved.	same offence, but re-
second time by the same or any other court for the same offence; and no finding, opinion, or sentence given by any court, and signed by the president thereof, shall be revised more than once, nor shall

any

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The Naval Discipline Act.-1884.

any additional evidence in respect of any charge with which the offender is thcn charged bc received by the court on any revision, except evidence as to his previous character in the service.

28. No member of the Naval Brigade shall be entitled to receive any pay or allowances when in confinement under a sentence of any court, or during any absence from duty without leave, or under any charge of which he shall be afterwards convicted either by such court or by any court of criminal jurisdiction.

Minor offences, with	29. The commanding officer of the Naval Brigade may (subject to the regulations to be made hereunder) take notice of any minor offence against discipline by fine not exceeding Twenty Shillings, or solitary confinement for a time not exceeding twenty-four hours in
their puniahmenta.
a place set apart for the purposc.

Power to arrest, 30, If any person engaged as aforesaid do not, when on service,

or during the times of training and exercise, or of his being under arms or wearing the clothing or accoutrements of his corps, and going to or being at or coming from any place of exercise or as- sembly of the corps, conduct himself in a decent and orderly manner, or do not obey the lawful command of his commanding officer or the regulations to be made as aforesaid, the person so offending may be ordered by such officcr into the custody of any pcrson or persons belonging to such forces, and be detained as such officcr may direct, until such offence is dealt with as provided by this Act.

Absconders may be

apprehended on offi- 31, Any member of the Naval Brigade who shall abscond or

cer's warrant.	desert may be apprehended by a written order undcr the hand of the officer in command of the vessel or corps to which such absconder or deserter belongs, and such person may be conveyed on board such vessel or to any place named in such order; and all constables and other peace officers arc hereby directed to take cognizance of such order, and to aid and assist in the apprehension and conveyance on	board, or to such other place named in such order, of the person	therein referred to, and in the meantime to lodge such person in
some place of security until such order can be obeyed.

Power to detain. 32. Every gaoler or keeper of any public prison or gaol in any

part of this province shall receive into his custody any offender under sentence of imprisonment by a court under this Act, upon delivery to such gaoler or keeper of a warrant of commitment in

the form contained in the Fourth Schedule hcreto, undcr the hand

and seal of the president of the court; and such gaoler or keeper

' **3'

shall keep sucb offender in a, proper place of confine~nent, with or without hard labor, and with or without solitary confinement, according to the sentence of the court and during the time specified in the said order; and any gaoler or keeper of m y public prison or gaol shall rcceive into his custody any absconder or deserter upon delivery to such gaoler or keeper of an order in writing in that behalf from the officer commanding the vessel or corps to which any

such absconder is attached. 33. In

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The Naval Discipline Act.-1884.

33. In the event of any member of the Naval Brigade being ~ ' ~, " ~ ~ ~ "; f, " ~ d

killed or wounded in actual service or whilst on duty, such wounded famifiea of ~lain.

person, or the widow and family of the person killed, shall be

entitled to such pension or gratuity as Parliament shall provide.

actual duty, and all prisoners under their charge, and their baggage, and fme,. 34. A11 officers and other members of the Naval Brigade being on Eg?;&","'~,p

shall be exempt fiom any tolls or fare upon any railway, arid every station-master, toll collector, or clerk, who shall'take any toll or fare contrary to this Act shall, on summary conviction, be punishable by a fine of not morc than Five Pounds for every such offence. l

35. Any person who shall falsely arid f r a u d n l ~ n t l ~ personate Penalty fca persona- tion.

or represent l~irnself to he an officer or me~nber of the Nmml Brigade, with intent to evade payment of any toll or fare to which he would otherwise be liable, shall, on summary conviction, be punishable by

a fine of not more than Ten Pounds.

36. It shall not be lawful for m y person, not being : member unauthorised persona i

of the Navul Brigade, to wear the uniform, or any part thereof, of form.	not to wear the uni-
the Naval Brigade; and if a iq person wilfully offend against the provisions of this scction, he shall, on summary conviction, be punishable by a fine of not more than Ten Pounds.

37. When any person cngagcd ~rnder this Act as a member of Pmflon~cea8ing to

belong to Brigade to

the Naval Brigade has ceased to be a member of the same, and slmll give up arms, &C., wfitsr or neglect to. qivc ul~: on dcmand of the commamhg officer, lmder a penalty. any arms: ammum tlon, accoutrements, clothing, or appointments

belonging to the Kavd Brigade, or any public stores or property in his care or keeping as a member tl~ereo$, he shall, in addition to any civil liability that he may have i n c u l x d, bc punishable, on summary conviction for such offence, by a fine of not more than Ten Pounds.

38. If any person lmowingly and wilfully buy, take, exchange, arms, accoutrements, *** buyhg

receive, or conceal any arms, accoutrements, clothing, or appoint- &C.

ments, or any public stores, property, or ammunition delivered for the use of any member of the Naval Brigade, the person so offerid-

ing shall, on summary conviction, be punishable by a fine of not

more than Ten Pounds.

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

this Bill,

WILLIAM C. F. ROBINSON, Governor.

SCHEDULES,

47' & 48" VICTORIIE, NO. 307.

The Navd Disctjdine Act.-1884.

SCHEDULES.

THE FlRST SCHEDULE.

I, A. B., do swear that I will well and truly serve our Sovereign Lady the Queen

in the for a period of years, or until sooner legally dis- charged, dismissed, or removed, and that I will oppose and resist Her Majesty's enemies, and whether employed on land or at sea, will cause Her Majesty's peace to be kept and preserved and that I will prevent, to the best of my power, all offences against the same, and that, while I continue to act in the same, I will, to the best of

my skill and knowlege, faithfully discharge my duty according to law.

So help me God-

THE SECOND SCHEDULE.

Oath to Be take% 6y Member of a Court.

Section 18. You shall well and truly try and determine, according t o the evidence in the matter now before you, and shall duly administer justice according to the rules and regulations for the better government of the paid ~nilitary and naval forccs, and the Acts in force in South Australia relating thereto, without partiality favor, or affection, and if any doubt shall arise which is not explained by the said Acts, or the said rules and regulations, then according to your conscicnce and the best of your understanding. And you shall not divulge the sentence of the court until it shall be duly approved; neither shall you, upon any account, at any time whatsoever, disclose or discover the note or opinion of any particular member of the court, unless required to give evideilcc thereof as a witness in a judicial proceeding before a court.

do help you God-

THE THIRD SCHEDULE.

Oath to be administered b y the President to a Witness.

Section 21. The evidence which you shall give before the court sllall be the truth, the whole truth, and nothing but the truth.

So help you God-

A$irmation of Witnes.9 who objects to take an Oath.

I, A. B., do solemnly, sincerely, and truly affirm and declare that the taking of any

oath is, according to my religious belief, unlawful, and I do also solemnly, sincerely, and truly affirm and declare that the evidence which I shall give before this court shall be the truth, the whole truth, and nothing but the truth.

VICTORIR, No.

The Naval Discipline Act.-1b84.

THE FOURTH SCHEDULE.

Warrant of Commitment. section SY.

To W., X., Y., Z,, and their assistants, and to the keeper of the gaol at

Whereas, in pursuance of the Naval Discipline Act, 1884, His Excellency the Governor of South Au~tralia did, upon thc day of , under

hls hand and the seal of the colony, appoint A., B., C., D., and E., bcing commissioned.

officers under the said Act, or being Special Magistrates or Justices of the Peace, to

be a court to hear and determine offences against the said Act and did also appoint

me, the undersigned, to be president of the said court.

And whereas M. N. was this day duly convicted before the said court for that

[here state the ofence), and the said court did thereupon adjudge the said M. N. for

thls his said offence to be imprisoned in the gaol at for the space of

, and to be kept during of such term at hard labor

[or in solitary confinement, as the case may be]. These are, therefore, to command

~ o u, the said W., X., Y., Z., and your assistants, to take the said M. N., and him safely to convey to the gaol aforesaid, and there to deliver him to the said keeper thereof, together with this precept; and I do hereby command you, the said keeper, to receive the said M. N. into the said gaol and there to imprison him for the space a f, and during the said term to keep him at hard labor [or in solitary confinemenl, as the case may be], and for your so doing this shall be your sufficient warrant.

Given under my hand and seal this day of in the year

of our Lord, 188

A. B.,

President.

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Adelaide: By authority, E. SPILLER,	Goyernrnent Printer, North-terrace.
R -307.