Volunteer Force Regulation Act 1883 (WA)
'Mann gittztratta.
ANNO QUADRAGESIMO SEPTIMO
VICTORVE REGI A.
****flt**AirnAlThra.3***********flflsts**itfla rr* ******0,:t*flflfl*
No. VII.
AN ACT to regulate the Volunteer Force.
[ Assented to, 8th September, 1883. ]
| HEREAS it is expedient to amend the Law relating to the | Preamble. |
Wenacted by His Excellency the Governor, by and with the advice andVolunteer Force in Western Australia : Be it therefore
consent of the Legislative Council, and by the authority of the same,
as follows:—
| 1. IN the construction and for the purposes of this Act, if not inconsistent with the context or subject matter, the following terms | Interpretation |
| Clause. | |
| in inverted commas shall as hereinafter used have the respective meanings hereby assigned to them, that is to say- |
" Governor "—The Governor with the advice of the Executive
Council.
" Volunteer Force "—The whole of the officers, non-commis- sioned officers, and privates belonging to all branches of the Volunteer Service in the Colony, including the permanent staff.
" Volunteer "—Any non-commissioned officer or private be- longing to a Volunteer Corps, exclusive of the permanent staff.
47° VICTORIX, No. 7.
Volunteer Force.
" Army Discipline Act "—The Army Discipline Act for the
time being in force in the Imperial Service.
"Appointments"—Accoutrements and equipments of every kind
other than clothing.
| Short title. | 2. | THIS Act may be cited as "The Volunteer Force Regu- |
lation Aet of 1883."
PART I.
ORGANISATION OF VOLUNTEER FORCE.
3. IT shall be lawful for the Governor, as Commander-in-
| services of Volunteer | Gov,mor may accept Chief, to accept the services of any persons desiring to be formed |
| Corps, Naval and under this Act into a Volunteer Corps, whether Naval or Military,Military. |
and offering their services to the Governor through the Officer Com- manding the Volunteer Force. And on such acceptance, the proposed corps shall be deemed to be lawfully formed into a corps of the Volunteer Force.
4.
IT shall be lawful for the Governor, on behalf of Her accepted before the passing of this Act. The provisions of this Act shall apply to every such corps as if its services were accepted under this Act, without prejudice to anything already done in relation to or by any such corps.
| Continuance of ex- | Majesty, to continue all Volunteer Corps whose services have been |
| Corps. |
isting Volunteer
5.
THE Governor may, from time to time, appoint such persons warrant in writing or otherwise as the case may require, to be a per- manent staff for the command, inspection, drill, exercise, training, instruction, and equipment of the Volunteer Force. And all such officers and non-commissioned officers shall be deemed officers and non-commissioned officers of the force in general, or of any corps to which such officers and non-commissioned officers may be attached.
| Governor may con- | as he may think fit, by commission under his hand and seal, or by |
| permanent staff. |
stitute volunteer
| Officers to be ap- | 6. | EVERY Volunteer Corps shall be officered by persons ap- |
| pointed and eontinis- | pointed and commissioned by the Governor. |
| stoned by Governor. | • |
7. NO commission issued under this Act by the Governor shall
Commissions not
| vacated by Gover- | be deemed vacated by the revocation, expiration, or discontinuance of |
| nor's recall or de- | |
| cease. | the commission by which such Governor was appointed,or by the death of such Governor. |
| Relative rank of | 8. OFFICERS of the Volunteer Force shall rank with officers |
| officers. | of Her Majesty's Regular Army within . the territory and depends' |
47° VICTORIIE, No. 7.
Volunteer Force.
encies of Western Australia, but as juniors to them in their respec-
tive ranks.
| 9. THERE shall be a muster-roll for every corps of Volun- teers, in which the name of every person who joins or quits, or | Muster-roll. |
| is discharged or dismissed therefrom, and also the date on which such person so joins, quits; or is discharged or dismissed as afore- said, shall be inserted, which shall be kept by every officer com- manding a corps ; and such- officer shall, from time to time as required, ftunish a copy thereof to the officer commanding the Volunteer Force. |
| EVERY officer on receiving his commission, every volun- teer on his enrolment in the muster-roll of the corps, and every officer | Oath of Allegiance |
| to be taken. | |
| and non-commissioned officer of the permanent staff on his engage- ment or appointment, or in either case as soon afterwards as may be, shall take and subscribe the oath of allegiance in the form prescribed in Schedule A hereto, to be administered by an officer of the per- manent staff or officer commanding a corps of the Volunteer Force who has taken such oath, or by a Justice of the Peace. |
10.
| THE Commanding Officer of any Volunteer Corps may, subject to regulations made under this Act and to the approval of Nett - commissioned | officers of corps. |
| the Officer Commanding the Volunteer Force, appoint volunteers belonging to such corps to be non-commissioned officers thereof.. |
11.
| ANY volunteer may, except when on actual military service, quit his corps, on complying with the following conditions, namely | Retirement front a |
| corps. |
12.
(1.) Giving to the commanding officer of his corps thirty days' notice in writing of his intention to quit the corps.
(2.) Delivering up in good order, fair wear and tear only excepted, all arms, clothing, and appointments being public property, or the property of his corps issued to hint or placed under his charge.
| (3.) | Paying all money due or becoming due by him under the rules of his corps, either before or at the time, or by reason of his quitting it |
And thereupon his name shall be struck out of the muster-roll
of the corps by the commanding officer. And if any volunteer gives
such notice, and the commanding officer refuses to strike his name
| out of the muster-roll, and the volunteer considers himself aggrieved | Appeal to two Jus- |
| tices. | |
| thereby, he may appeal to two Justices, not being members of the corps, who shall hear and determine such appeal in a summary way, as provided by the 33rd section of this Act, and shall decide whether such volunteer's name shall be struck out of the muster-roll | |
| or not. |
4 ITICTORIX, No. 7.
Volunteer Force.
13. WHENEVER any volunteers are on actual military
Governor may desig-
| nate General or | service or are undergoing inspection or are voluntarily doing any |
| Field Officer of the | |
| Army to command | military duty, the Governor may put them under the command |
| volunteers. | of such General or Field Officers of Her Majesty's Army, senior in rank to every officer of the Volunteer Force to be so put under their command, as he may appoint, but so; nevertheless, that the volunteers put under such command shall be led by their own officers under such command. |
| Annual inspection | 14. | AN annual inspection of every Volunteer Corps shall be |
| by a Field Officer of | held by a Field Officer of Her Majesty's Army, or by such officer of |
| the Army, or officer | the volunteer permanent staff as the Governor may appoint for that |
| of permanent staff. | purpose. |
| Governor may de- | 15. | THE Governor may, from time to time, by regulations for |
| fine" efficient volun- | that purpose, declare what is requisite to entitle a volunteer to be |
| teer." | deemed an efficient volunteer. |
THE Governor, on behalf of Her Majesty, may disband or discontinue the service of any Volunteer Corps or of any part thereof, or of the permanent staff, whenever it shall seem to Her Majesty or to the Governor expedient to do so ; and whenever it is the pleasure of Her Majesty or of the Governor to discontinue
| Governor may di | 16. |
band corps.
| Notice of disbanding | the services of any corps of Volunteers whose services have |
| manding officer. | been accepted or continued under the provisions of this Act, the commanding officer of such corps shall, on such pleasure of Her Majesty or of the Governor being signified to him in writing, forth- with communicate the same to the several persons enrolled in the said corps, and shall also then require the said several persons to deliver up to him the arms, accoutrements, and clothing, if any, which have been furnished to them at the public expense, and thereupon the said corps shall be deemed to be disbanded, and the said arms, |
| Suns, &c., to be de- | |
| livered up to com- | accoutrements, and clothing shall be forthwith delivered up by the |
| manding officer. | said persons accordingly. |
in writing to com-
| Penulty for refusing | 17. | IF any volunteer or non-commissioned officer of the |
| to deliver up arms, | permanent staff who has been furnished at the public expense with |
| &c., to commanding | any arms, accoutrements, or clothing, upon the disbanding of any |
| officer. | corps of Volunteers to which he belongs or of the permanent staff, or upon his quitting or withdrawing from any such corps or from the said staff, or upon being discharged or dismissed therefrom, shall refuse or neglect, on being thereto lawfully required, to deliver up such arms, accoutrements, or clothing in good order and condition, reasonable wear and tear excepted, he shall, in addition to the value thereof, forfeit a sum not exceeding five pounds, and in default a payment be liable to imprisonment for a term not exceeding alu calendar month. |
47° VICTORIZE, No. 7.
Volunteer Force.
18.
| ALL arms, accoutrements, and clothing so delivered up as aforesaid to the commanding officer of any such Volunteer Corps, taa° Tem | p oastti ia" g | sc:ficcer |
| shall be deposited by him in such place and given up to such as appointed by Go;- | n |
| person as the Governor may appoi | t, and such reasonable expenses ernor. |
as may be incurred by him in so conveying and depositing the same shall be repaid to such commanding officer out of the funds appropriated for the maintenance of the Volunteer Force; and if any such commanding officer shall refuse or neglect to call in and deliver. up such arms, accoutrements, and clothing, or shall fail in using due diligence to obtain and deliver up the same for the space of three months from the day of the date of the writing signifying Her Majesty's or the Governor's pleasure as aforesaid, as the case may be, such commanding officer so refusing, failing; or neglecting as aforesaid shall be liable to a penalty not exceeding twenty pounds and not less than five pounds, recoverable by the law officers of the Crown by action of debt or information in the Supreme Court.
THE Officer Commanding the Volunteer Force may at any time assemble a Court of Inquiry, composed either of officers and ImizneulinOofficV cmVolunteer
19.
volunteers belonging to the corps in question or of any officers or Force may assemble
volunteers, to inquire into any matter relative to any corps or 'to a Court of Inquiry.
any volunteer or non-commissioned officer of the permanent staff belonging thereto ; and, if required, to report on the same for the information and assistance of the commanding officer, and to record the facts and circumstances ascertained on such inquiry; and for the purposes of such inquiry may summon and examine witnesses and administer oaths (according to the form in Schedule B hereto); but nothing herein contained shall authorise any inquiry with reference to an officer otherwise than by a Court assembled by direction of the Governor, and composed exclusively of officers of the Volunteer Force.
PART II.
ACTUAL MILITARY SERVICE.
| THAT it shall be lawful for the Governor, in the event of invasion or danger thereof, or of any internal colonial emergency | In case of Invasion |
| or Emergency, Gov- | |
| which in the opinion of the Governor threatens the security of life | ernor may call out Volunteers for actual |
| or property, and to quell which the available ordinary civil and | service. |
| military force shall be by him deemed inadequate, to call out the whole or any part of the said Volunteer Force for actual service, and to direct the same to be marched to any part of the said Colony under such officers as he may appoint ; to keep the same | |
| embodied for such period as he may 'deem requisite, or at his | discretion again to disembody them; and such volunteer • force, |
| during the time it shall be so embodied, shall be rationed, |
20.
47° VICTORDE, No. 7.
Volunteer Force.
supplied, paid, and maintained by Government: Provided that no 4.
punishment to be awarded against any volunteer or non-commissioned
officer of the permanent staff by any Court Martial shall extend to
corporal punishment by flogging, but in the stead thereof it shall be
lawful for such Court Martial to award punishment, with or without
hard labor, for any period not exceeding six calendar months ; and in
respect of offences by any such volunteer or non-commissioned
officer to which the punishment of death is by martial law awarded,
it shall be lawful for such Court Martial to award imprisonment with
or without hard labor for the period of seven years: Provided also,
that it shall be lawful for the Governor to remit any punishment
to be so awarded either in whole or in part.
| Provisions on actual | 21. WHENEVER the Volunteer Force or any part thereof |
| military service. | shall be called out for actual military service, the following provisions shall take effect, as regards all members of the force so called out: |
| On actual Military | (1.) From the time the force is called out by Proclamation, |
| Service, officers, non- |
| commissioned | and during the period it remains on actual military |
| officers and volun- | |
| teers, andpermanent | service, the provisions of the Army Discipline Act shall |
| staff, liable to Army | become applicable to all members of the force so called |
| Discipline Act. | out ; subject, nevertheless, to the proviso contained in the next preceding section. |
(2.) There shall be issued, in manner provided by regulation, a sum of money not exceeding forty shillings for the use of every volunteer officer and volunteer and non-commis- sioned officer of the permanent staff belonging to and assembling with any corps (except to such as do not desire to receive the benefit thereof) and each such sum or so much thereof as the commanding officer of the corps thinks fit shall be laid out under the direction of such commanding officer in providing necessaries for each such volunteer officer, volunteer, and non-commis- sioned officer; and within one month after receipt thereof an account shall be settled with each such volunteer officer, volimteer, and non-commissioned officer respecting the application thereof ; and any un- applied residue thereof shall be repaid by him.
Necessaries.
(3.) Such volunteer officers, volunteers, and non-commissioned officers shall be entitled to pay, according to a scale to be provided by regulation under this Act, and to be billeted and quartered as the officers and soldiers of Ho Majesty's Army.
Pay and quarto
(4.) On the release of such corps from actual military service,
Bounty on release.
| in manner provided by regulation, one guinea to every | extending over a period of one week, there shall be paid, |
47° VICTORIZE, No. 7.
Volunteer Force.
such volunteer officer, volunteer, and non-commissioned officer present with the corps at the time of such release (except to such as do not desire to receive the same), in addition to his pay.
| (5.) After a Volunteer Corps has been called out for actual military service, the corps shall be deemed released | Release by order of |
| Officer Commanding |
| from actual military service only on an order signed by | Volunteer Force, after Governor's pro- |
| the Officer Commanding the Volunteer Force, and | clamation. |
| addressed and delivered to the commanding officer of | |
| the corps, which order the Officer Commanding the | |
| Volunteer Force shall issue upon or as soon as may be | |
| after the Proclamation of the Governor declaring the | |
| occasion for such aforesaid service to have passed, and | |
| not sooner or otherwise. And before any Volunteer | |
| Corps is released from actual military service such corps | Corps to be returned |
| shall be returned to the head quarters of the district to | to head quarters. |
| which it belongs. |
| 22. IN the event of any member of the Volunteer Force being | Volunteers killed or |
| killed or wounded in actual service, the Governor shall, within four- | wounded in actual |
| teen days after the commencement of the next Session of Council, | service. |
| cause - to be laid upon the Table of the said Council a return of the | |
| name and rank of every such person so killed or wounded, and | |
| recommend the said Council to grant such pension or gratuity to | Pension or gratuit) |
| such wounded person, or to the widow or family of such person so killed as aforesaid, as the Governor shall think fit. Provided how- ever, that the Governor may, in the event of the Legislative Council not being in Session, make such temporary provision as Under the circumstances which may arise he may think fit. |
PART III.
DisCIPLINE.
| 23. WITH respect to the discipline of the Volunteer Force not | When not on actual |
„on actual military service, the following provisions shall take effect milit ary service.
and be in force :—
(1.) The Governor shall have power at any time to dispense with the services of any officer, non-commissioned officer, or volunteer of the Volunteer Force; and after notice shall have appeared in the Government Gazette stating that the Governor has dispensed with the services of any officer, non-commissioned officer, or volunteer, such person shall thereupon cease to be a member of the said force.
47° VICTORIX, No. 7.
Volunteer Force.
(2.) The officer in command of the Volunteer Force shall, subject to the provisions of this Act and to the authority and direction of the Commander-in-Chief, determine all military details respecting the distribution and move- ments of the troops and the composition of the different detachments.
The said officer in command shall, subject as aforesaid, have the superintendence of all details connected with the Volunteer Department, the Regimental duty and discipline of the force, inspections, Courts of Inquiry, and the granting leave of absence to Volunteer Officers.
(3.) The commanding officer of a Volunteer Corps may dis-
Commanding
| Officers may dis- | charge from the corps any volunteer and strike his name |
| charge volunteers. | out of the muster-roll, and may disrate, subject to the approval of the officer commanding the Volunteer Force, any non-commissioned officer thereof, either for disobedi- ence of orders by him while doing any military duty with his corps, or for neglect of duty or misconduct by him as a member of the corps, or for other sufficient cause, the existence and- sufficiency of such causes respectively to be determined by the commanding officer. And any volunteer so discharged may be called upon and required to deliver up in good order, fair wear and tear only excepted, all arms, clothing, and appointments being public property or the property of his corps issued to him, and to pay all money due or becoming due by him under the rules of his corps either before or after, or by reason of his discharge ; but nothing herein con- tained shall prevent the Governor from signifying his pleasure in such manner, and giving such directions |
| Governor's pleasure | |
| on cases of discharge. | with respect to any such case as may appear to him to be just and proper. |
(4.) If any officer of a volunteer corps or any non-commissioned
| Commanding Officer | officer of the said staff or any volunteer while under |
| arrest while corps is | arms or on march or duty with the corps to which he |
| under arms, Sze. | belongs or with any portion of the Volunteer Force, or while engaged in any military exercise or drill or brigade or battalion formed for military purposes, or while wearing the clothing or accoutrements of such corps or regiment and going to and returning from any place of exercise or assembly of such corps or regiment, disobeys any lawful order of any officer under whose com- mand he then is, or is guilty of misconduct, the officer then in command of the corps or regiment, Or any |
| superior officer under whose command the corps or regiment then is, may order the offender, if a commi.- |
may place under
47" VICTORLE, No. 7.
Volunteer Force.
sioned officer, into arrest, and if not a commissioned officer, into the custody of any volunteer belonging to the corps or regiment, or of any non-commissioned officer of the volunteer permanent staff but so that the offender be not kept in such arrest or custody longer than whilst or so long as the corps or regiment or such portion thereof as aforesaid, shall then remain under arms or be on march or duty or be assembled or con- tinue engaged in any such military exercise or drill as aforesaid.
PART IV.
RULES AND PROPERTY OF CORPS.
| 24. THE officers and volunteers of a Volunteer Corps may | Corps may make |
| from time to time make rules for the management of the property, | rules, subject to |
| finances, and civil affairs of the corps, and for the summary punish- | Governor's approval. |
| ment of minor offences against discipline, and may alter and repeal | |
| any such rules ; and such rules may provide for the enforcement | |
| thereof, against the several members of such corps, by the imposition | |
| of fines (in no case to exceed five pounds). And the commanding | |
| officer of the corps shall transmit such rules to the Officer Com- | |
| manding the Volunteer Force, who shall submit the same for the | |
| 'Governor's approval, and such approval signified through the | |
| Colonial Secretary shall be notified by such Officer Commanding the | |
| Volimteer Force to the commanding officer of the corps, to be by | |
| 'inn forthwith communicated to the corps—whereupon the rules so | |
| ipproval shall be binding on all persons. A copy of the rules in | |
| print or writing or partly in print and partly in writing, certified | |
| under the hand of the officer commanding the corps as a true copy | |
| of the rules, whereof the Governor's approval has been notified as | Approved rules of existing corps not |
| aforesaid, shall be conclusive evidence of the rules of the corps. | repealed. |
| Provided that nothing contained in this Act shall be construed to | |
| extend to repeal or disallow any rules of any Volunteer CorpS which | |
| have heretofore been approved by the Governor so far as the same | |
| are consistent with the provisions of this Act, and nothing herein | Governor may annul |
| contained shall extend to prevent Her Majesty, or the Governor | rules. |
| in Her Majesty's name, from annulling at any time any rules which have been or shall be made for, by, or respecting any Volunteer Corps. |
;25. ALL moneys subscribed by or to or for the use of a Vol- property of corps
| :Iiinteer Corps, and all effects belonging to any such corps, or lawfully ing officers with ex- | vested. in command- |
;Used by it, not being the property of any individual officer or elusiveright to sue.
yolunteer belonging to the corps, and the exclusive right to sue for
and recover current subscriptions, arrears of subscriptions, and other
470 VICTOR' T, No. 7.
Volunteer Force.
moneys due to the corps, and all lands acquired by the corps, shall vest in the commanding officer of the corps, for the time being, and his successors in office for the purposes of all proceedings, civil or criminal, at law or in equity, with power for him and his successors to sue, to make contracts and conveyances, and to do all other lawful things relating thereto ; and any civil or criminal proceeding taken by virtue of this Act by the commanding officer of any corps shall not be discontinued or abated by his death, resignation, or removal from office, but may be carried out by and in the name of his successor in office.
| Subscriptions and | 28. IF any person belonging , or having belonged to a Volun- |
| fines, how recover- | teer Corps shall neglect or refuse to pay on demand any money |
| able. | subscribed or undertaken to be paid by him towards any of the funds or expenses of such corps, and actually payable by him at the time of demand, or to pay any fine incurred by him under the rules of such corps, such money or fine shall (without prejudice to any other remedy) be recoverable from him with costs at any time within twelve months after the same- shall have become due and payable as a penalty under this Act is recoverable, and when recovered shall be applied as part of the general fund of the corps. |
Penalty for destroy-27. IF any person designedly makes away with, sells, pawns, 'big, selling, pawn- destroys, or damages anything issued to him as a volunteer, or
| ing, ing or damdamaging refuses or neglects to deliver up on demand anything so issued to | articles issued to |
| volunteers. him, the value thereof shall be recoverable from him with costs as a |
penalty, and he shall also, for every such offence of designedly making away, selling, pawning, destroying, or damaging, as afore- said, be liable, on the prosecution of the commanding officer of the corps issuing the thing made away with, sold, pawned, destroyed, or damaged, to a penalty not exceeding Ten pounds.
Penalty for buying 28. IF any person knowingly buys or takes in exchange from or taking in pledge any volunteer or any person acting on his behalf, or solicits or enticesarticles issued to volunteers. any volunteer to sell or knowingly assists or acts for any volunteer
in selling, or detains as a security for any debt or demand, or has in his possession or keeping, without satisfactorily accounting for them, any arms, clothing, appointments, or effects, being public property or property of any Volunteer Corps, or - any public stores or ammuni- tion issued for the use of any such corps, he shall on the first commission by him of any such offence be liable to a penalty not exceeding. Ten pounds, and shall on a second and every other sub- sequent commission by him of any such offence, and being convicted thereof in the like course of proceeding as that in which any such penalty is recoverable, be liable to a penalty not exceeding Twenty pounds, nor less than Five pounds, with or without imprisonment, for any term not exceeding three months, with or without hard labor.
47° VICTORI2E, No. 7.
Volunteer Force.
| IF any person wilfully commits any damage to any range, butt, or target belonging to Her Majesty, or to the Government of | P | a enal. | =rim, tyorfor | disturbing |
29.
Western Australia, or belonging to or lawfully used by any Volun- butts. teer Corps, or without the leave of the Governor or of the commanding officer of such corps searches for bullets in or otherwise disturbs the soil at, under, or about such butt or target, he shall, for every such offence, be liable, on the prosecution of the commanding officer of such corps, to a penalty not exceeding Five pounds.
| ANY non-commissioned officer or volunteer AO fails to keep in proper order the uniform intrusted to his care or in his | Penalty for not |
| keeping uniform in | |
| possession, or who may wear the same or any part thereof on any | proper order, orwearing it contrary |
| other occasion than when on duty or specially authorised or per- | to orders. |
| mitted to do so by the commanding officer of his corps, shall incur a penalty of One pound for each offence, to be recovered as a penalty under this Act, and when recovered to be applied as part of the general fund of the corps. |
30.
PART V.
EXEMPTIONS.
| EVERY commissioned officer of the Volunteer Force after having served for at least two years, and every non-commis- d ffiecrers(1;sr- | volunteer |
31.
sioned officer of the permanent staff of the Volunteer Force, shall manent staff exempt
| hereafter be exempt from serving as a juror, so long as he continues io | from servingas |
| to serve as an efficient member of the said force. And a certificate under the hand of the Officer Commanding the Volunteer Force shall be sufficient prima facie evidence of the identity of such officer or non-commissioned officer, and of his right to claim such exemption. |
| NO duty or toll under any Act of Council passed or to be passed payable at any pier, wharf, quay, landing place, bridge | Exemptions from |
| tolls. | |
| or ferry, or at any turnpike gate or bar, or at any other gate or bar, on a public road shall be demanded or taken from or in respect of |
32.
| (1.) Any member of the Volunteer Force, in uniform, being on march or duty, or going to or returning from the place | Officers, Volunteers, |
| &c. |
appointed for and on the day for exercise, inspection,
review, or other public duty.
| (2.) Any horse ridden or used by any member of the Force as | Saddle or pack- |
| aforesaid, being on march or duty, or going or returning | horses. |
| as aforesaid. |
| (3.) Any cart, waggon or carriage, public or private, employed | Carriages, &c., con- |
| only in conveying or returning empty from conveying | veying officers, vol- |
| any member as aforesaid, on march or duty, or going | unteers, &e. |
| or returning as aforesaid, and whether with or without |
° VICTORLE, No. 7.
Volunteer Force.
any conductor or driver of such cart, waggon or carriage,
or domestic servant of such member.
(4.) Any gun-cart, waggon or carriage, public or private, em-
| Carriages, Sc., con- | ployed only in conveying or returning empty from con.. |
| veying army bag- | |
| gage, ammunition, | veying any arms or baggage of any member as afore- |
| &a. | said, being on march or duty, or going to or returning. from the place appointed for exercise, inspection, or review or other public duty or any military stores belonging to or for the use of any gun belonging to or used by the Volunteer Force. |
(5.) Any horse or other beast drawing any such cart, gun-cart.
| Draft horses. | waggon or carriage or returning as aforesaid. |
33. ANY penalty under this Act, the mode of recovery of
| Pecuniary penalties | which is not otherwise expressly provided -for by this Act, and any |
| summarily. | |
| to be recovered | money or fine made recoverable as a penalty under this Act shall he recoverable, and all offences against and all summary proceedings under this Act shall, where no other mode of proceeding is by this Act expressly provided, be respectively heard and determined, in a summary way, before two or more Justices of the Peace, in accord- ance with the Acts in that behalf. And all penalties recovered summarily under this Act, on the prosecution of the commanding officer of a Volunteer Corps, shall be paid to such commanding officer to he applied as part of the general fund of the corps. |
| 4. ANY person who not being enrolled on the muster-roll of discharged or dismissed from such corps, shall wear the uniform of such corps shall be liable to a penalty not exceeding Ten pounds for each offence. | |
| Penalty for un- | |
| authorised use of | any Volunteer Corps, or after having quitted, withdrawn, or been |
| volunteer uniform. |
NO summary conviction or adjudication under this Act or adjudication made on appeal therefrom shall be quashed -for wantofof form, or be removed by certiorari. And no warrant of commitment
35.
No rertiorari.
| quashed for want of therein, if it is therein alleged that the person therein named ha,Form. | Conviction not to be on any such conviction shall be held void by reason of any detltt |
been convicted and there is a conviction to sustain the same.
36. THE-Governor may from time to time make any regnla-
| general regulations. discipline, and management of the Volunteer Forces in the Colony | Governor may make dons not inconsistent with this Act for the general government. |
and tile several corps thereof, and for all other purposes of this Act. and may call for such returns as may from time to time seem requisite. And all such regulations shall, upon being published
the Government Ga,:ette., be valid in law, and a copy of the said GoLytte containing such regulations, and purporting to be printed bYpurportingof Justice
the Government Printer, shall be received in all
47° VICTORLE, No. 7.
Volunteer Force.
within the Colony as evidence of such regulations. Provided that a copy of every such regulation shall be laid before the Legislative Council within fourteen days after the making thereof if Council be then sitting, and if Council be not sitting then within fourteen days after the commencement of the next Session of Council.
| 37. | THERE shall be laid before the Legislative Council an | Returns of moneys |
| annual statement of all moneys paid under this Act to members | before Legislative |
| expended to be laid | |
| of the Volunteer Force, and to any other person or persons whatso- | Council. |
| ever, under and for the purposes of this Act. |
38. THE Acts mentioned in Schedule C hereto are hereby Acts repealed.
repealed, but this repeal shall not affect the validity of anything
| done or suffered under the provisions of the said Acts, or of either | s | che | d | u | le c. |
| of them, before the commencement cif this Act. |
39. THIS Act shall commence and take effect on the' first day Commencement of
| of January, 1884. | Act. |
In the name and on behalf of the Queen I hereby assent
to this Act.
F. NAPIER BROOME, Governor.
47' VICTORI/E, No. 7.
Volunteer Force.
SCHEDULES.
SCHEDULE A.
OATH OP ALLEGIANCE.
A. B., do sincerely promise and swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, as lawful Sovereign of the United Kingdom of Great Britain and Ireland, and of this Colony of Western Australia, dependent on and belonging to the said United Kingdom ; and that I will faithfully serve Her said Majesty, in this Colony, for the defence of the same against, all Her enemies and opposers whatso- ever. So help me God.
SCHEDULE B.
WITNESS'S OATH.
The evidence you shall. give before this Court, touching the matter of this inquiry, shall be the truth, the whole truth, and nothing but the truth. So help you God.
SCHEDULE C.
ACTS REPEALED.
2.5 Vic., No. 3.—" An Ordinance to organise and establish a Volunteer
Military Force in Western Australia."
27 Vic., Nu. 3.—" An Ordinance to amend an Ordinance intituled, Au Ordinance to organise and establish a Volunteer Military Force in Western Australia.'"
By Authority : RACHARD PETW, Government Printer, Perth.
0
0
0