Volunteer Force Regulation Act of 1867 No 5a (NSW)

No. 5. VIC. 1867.

Volunteer Force Begulation.

No. V.

VOLCNIEEB FoECE

Reguiation. xVn Act to regulate the Volunteer Force.

\ t̂h October, 1867.]

Preamble.	'V T^H ER EA S it is expedient to amend the Law relating to the
V V Volunteer Eorce in New South Wales Be it therefore enacted

hy the Queen’s Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and hy the authority of the same as follows :—

Interpretation 1. In the construction and for the purposes of this Act if not

clause. inconsistent with the context or subject matter the following terms 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

“ A^olunteer ”—Any non-commissioned officer or private belong­

ing to a Volunteer Corps exclusive of the permanent staff

“ Mutiny Act ”—The Imperial Mutiny Act for punishing

mutiny and desertion and for the better payment of the

Army and their quarters for the time being in force

including also the Articles of War made under the

authority of the said Act for the time being in force

“ Appointments”—Accoutrements and equipments of every

kind other than clothing.

18 Viet. No. S

repealed. 2. The Act of Council eighteenth Victoria number eight authorizing the formation of Volunteer Corps is hereby repealed but this repeal shall not affect the past operation of the said Act nor any­ thing already done or any right title obligation or liability already accrued thereunder or any remedy or proceeding respecting the same.

Short title. 3. This Act may be cited as the “ Volunteer Eorce Regulation

Act of 1867.”

PART I.

Organization of V olunteer Eorce.

Governor for the 4 . The Govemor as the Queen’s Representative shall be the

ĉ mander-inUhief Commandcr-in-Chief of all the local forces raised in the Colony and all arrangements connected ivith the organization drill and discipline of such forces shall so far as the same shall come under the scope and operation of this Act be made by his authority by such officers as he may appoint.

Governor may 5. It shall be lawful for the Governor on behalf of Her Majesty

Volunteer CotL acccpt the scrviccs of any persons desiring to be formed under this

Naval and Military. Act into a Volunteer Corps whether Naval or Military and offering

their services to the Governor through the Officer commanding the Volunteer Eorce And on such acceptance the proposed corps shall be deemed to be lawfully formed into a corps under this Act as a corps

, of that force.

1867. sr VIC. No. 5.

Folmiteer Force Fegulation.

6. It shall he lawful for the Governor on behalf of Her Co"tiniiance of

Majesty to continue all Volunteer Corps whose services have been accepted before the passing of this Act And 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 hy any such corps.

7. The Governor may from time to time appoint such persons ftitutê Ydunteer”"'

as he may think fit by commissions under his hand and seal or hy permanent staff,

warrant in writing or otherwise as the case may require to he a

permanent staff for the command inspection drill exercise training

instruction and equipment of the Volunteer Eorce - And all such Relative rank and

officers and non-commissioned officers shall he deemed officers and

permanent

non-commissioned officers of the force in general^ or of any corps to

which such officers and non-commissioned officers may he attached.

8 . Any non-commissioned officer of the volunteer permanent Penalty for refusing

staff who has been furnished at the public expense with any arms &c!*to commantog

accoutrements or clothing and who shall upon the disbanding of such Officer.

staff or upon his quitting withdrawing or being discharged or

dismissed from such staff refuse or neglect on. being thereto lawfully

required to deliver up such arms accoutrements and clothing in good

order and condition, reasonable wear and tear excepted, shall in

addition to the value thereof forfeit a sum not exceeding five pounds

and in default of payment be liable to imprisonment for a term not

exceeding one calendar month.

9.   Every Volunteer Corps shall he officered bv persons appointed officers to Pe

and commissioned by the Governor but any Volunteer Corps may nSissioned by

recommend to the Governor any enrolled members thereof to be Governor,

officers of such corps of a rank not higher tlian captain of a troop meila for̂ Lm-'""'

battery or company Provided that no Volunteer Corps may so “ ‘®®‘°"-

recommend to the Governor any persons to he officers of the volunteer

permanent staff.

10. No commission issued under this Act by the Governor shall Commissions

'he deemed vacated hy the revocation expiration or discontinuance G^ovImorWoai or

of the commission hy which such Governor was appointed or hy the decease,

death of such Governor.

11. Officers of the Volunteer Force shall rank with officers of Relative rank of

Her Majesty’s Regular and Militia Forces Avithin the Territory and Dependencies of New South IVales as the juniors of their respective ranks.

12. The acceptance of a commission other than on the per- Seat in Parliament

manent staff in the Volunteer Force hy a Member of the Eegislative”pt̂ “““jP̂ ^̂ y™̂ ‘]

Council or Legislative Assembly or hy any Alderman or Member of the mission.

Council of a Municipality shall not render his seat vacant.

13. There shall he a muster roll for e\'ery Corps of Volunteers Muster roll,

in which the name of every person aaF o joins or quits or withdraws or is discharged or dismissed therefrom and also the date on which such person so joins quits withdraws or is discharged or dismissed as aforesaid shall he inserted.

14. Every officer on recemng his commission every A'olunteer OatR allegiance

on his enrolment in the muster roll of the corps and CÂ ery officer and non-commissioned officer of the permanent staff on his engagement .or appointment or in either case as soon afterwards as may he shall take and subscribe the oath of allegiance in the form prescribed in Schedule A hereto to he administered by an officer of the permanent staff or officer commanding a corps of the Volunteer Force who has taken such oath or by a Justice of the Peace.

15. The Commanding Officer of any \^olunteer Corps may Non-commiasionea

subject to regulations made under this Act and to the approval of the ®f cô ps.

Officer

24 No. s r VIC. 1867.

Volunteer Force Regulation.

Offieer commauding the Volunteer Porce appoint volunteers belonging to such corps to he non-commissioned ofFieers thereof.

Retirement from a 16. Any volunteer may except when on actual military service

corps. quit his corjis on complying with the folloAving conditions namely—

(1.) Giving to the Commanding Officer of his corps fourteen

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 him 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

Appeal to two	corps by the Commanding Officer And if any volunteer gives such
J ustices.	notice and the Commanding Officer refuses to strike his name out of the muster roll and the volunteer considers himself aggrieved thereby he may appeal to two Justices not being members of the corps who shall hear and determine such appeal.

Discharge hy	17. I f anv volunteer enters himself on board of anv of Her	e	*-■
enlistment in

Army or Navy.	Majesty’s ships of war or enlists in Her Majesty’s Army he shall be deemed discharged from the Volunteer Porce and the Commanding Offi’cer of his corps shall strike his name out of the muster roll
Inabilities of dis-	thereof Such volunteer may nevertheless be called upon and required
charged volunteers..	deliver up in good Order fair wear and tear only excepted all arms clothing and appointments being public pi’operty or 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 at the time or by reason of his discharge And if such arms clothing and appointments be not so delivered up by him or such money be not paid by him then without prejudice to any proceeding or remedy against him under tliis Act he may on the application of the Governor under an order from one of Her Majesty’s Principal Secretaries of State or of the Lords Commissioners for executing the office of Lord High Admiral of Great Britain and Ireland bo put under stoppages out of anv bonntv or pav receivable by him or both until the value ■ of such arms clothing or appointments not so delivered up or such money as the case may be shall be fully paid.
Governor mar

designate general 18. "Whenever any volunteers are on actual military service or

or field officers of	arc undergoing inspection or are voluntarily doing any military duty
the Army to com-
laand vulimteers.	the Governor may put them under the command of such General or Pield Officers of Her Majesty’s Ai’my senior in rank to evei’y officer of the Volunteer Porce to be so put under their command as he may aiipoint but so nevertheless that the volunteers put under such command shall be led by their own officers under such command.

Annual inspection 19. An annual inspection of every Volunteer Corps shall be

l I U l l X V X

offiĉ eTorturArmy ̂ General or Pield Officer of Her Majesty’s Army or by such

or officer of per- ' officcr of tlic voluntccr permanent staff as the Goyernor may appoint

manent staff. X ‘ i . ■ ^

for that purpose.

Governor may define 20. The Govemoi* may from time to time by regulations for deemed an efficient volunteer.

"efficient volunteer, purposc declare wliat is requisite to entitle a volunteer to be

ffisbanTconiŝ 21. The Governor on behalf of Her Majesty may disband or discontinue the service of any A’oluntef'r Corps or any part thereof whenever it shall seem to Her Majesty or to the Governor expedient to

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whenever it is the pleasure of Her Majesty or of the

manding Officer. Govcmor to discontinue the services of any Corps of Volunteers whose services have been accepted or continued under the provisions of this Act the Commanding Officer of such corps shall on such

pleasure

1867. 31" VIC. No. 5.

Volunteer Force Mcgulation.

pleasure o.f Her Majesty or of the Governor being signified to him in writing forthwith 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 Arms &c. to be

have been furnished to them at the public expense and thereupon the ^̂ luang officer̂ ”'̂ "

said corps shall be deemed to be disbanded and the said arms accoutre­

ments and clothing shall be forthwith delivered up by the said persons

accordingly.

22. I f any person who has been furnished at the public Penalty for refusing expense with any arms accoutrements or clothing upon the disbanding &c. to Commanding of any Corps of Volunteers in manner aforesaid or upon his quitting Officer.

or withdrawing from any such corps or 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 of payment be liable to imprisonment for a term not exceeding one calendar month.

23. All arms accoutrements and clothing so to be delivered Commanding officer

up as aforesaid to the Commanding Officer of any such Volunteer appdnted'by*'̂ 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 one hundred pounds and not less than five pounds recoverable by action of debt or information in the Supreme Court or any District Court and to be applied as directed by the Act of Council sixteenth A îctoria number one section fifteen And any expenses incurred by any person thereto authorized in writing by the Governor or by any officer of the Volunteer Force by direction of the Governor in cleansing or repairing any arms or accoutrements so delivered up or in replacing any articles that may be deficient shall be recoverable from such Commanding Officer in like manner as is hereinafter provided with respect to penalties tlie mode of recovery of which is not otherwise expressly provided for by this Act.

Corps shall be conveyed to and by him deposited in such place Governor.

and giv(?n up to such person as the Governor may appoint and

such reasonable exj)enses 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

24. The Officer commanding the Volunteer Force mav at anv Tiie officer com­

time assemble a Court of Inquiry comj)Osed either of officers :md

volunteers belonging to the corps in question or of any officers o r a Court of inquiry,

volunteers to inquire into any matter relative to any corps or to 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 liereto) but nothing herein

contained shall authorize any inquiry with reference to an officer

otherwise than by a Court assembled by direction of the Governor as

aforesaid and composed exclusively of officers of the A^olunteer Force.

PART II.

No. 5. 31° VIC. 1867.

Volunteer Force Regulation.

PART II.

A ctual M ilitary Service.

Governor may call 25. In casc of actual Or apprehended invasion of any part of

?n c£we of invL?on̂ * the Territory of New South Wales and its Dependencies or of hostile or

declaration of war or predatory attack Or of imminent danger thereof or of the notification

o er emergency. Majesty’s Principal Secretaries of State that Her

Majesty has declared or is at war with any foreign Prince or Power (the occasion being first communicated to both Houses of Parliament if in Session or notified by Proclamation if Parliament be not in Session) the Governor may direct the Officer commanding Volunteer Porce to call out all the Volunteer Corps or any of them for actual military service

Volunteers &o. to	And every officer and volunteer and every officer and non-commissioned
assemble and march
as ordered.	officer of the pernianent staff belonging to every corps so called out shall be hound to assemble as the ofideer commanding the Volunteer Porce directs and to march or embark on board ship according to orders within the Territory of New South Wales and its Dependencies and from the time of his corps being so called out shall for the purposes of
Volunteers &c. not
assembling guilty	this Act be deemed on actual military service And if any such officer
of desertion.	volunteer or non-commissioned officer not incapacitated by infirmity for military service shall refuse or neglect to so assemble or march or embark he shall be deemed and may be treated as a deserter Provided that volunteers for land service shall not be bound to embark on board ship unless for dnect transit from one part of the Colony to another
or to leave the Colony under any circumstances. '

Provisions on actual 26. Whenever a Volunteer Corps is called out for actual military

military service— service the following provisions shall take effect—

Necessaries.

(1.) There shall be issued in manner provided by regulation the sum of two guineas for the use of every officer and volunteer and non-commissioned officer of the permanent staff belonging to and assembling with the 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 the Commanding Officer in providing neces­ saries for each such officer volunteer and non-commissioned officer and within one month after receipt thereof an account shall be settled with each such officer volunteer and non-commissioned officer respecting the application therepf .and any unapplied residue thereof shall be paid to him.

Vay and quartan.

(2.) Such 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 Her Majesty’s Army.

Bounty on release.	(3.) On the release of the corps from actual military service there shall be paid in manner provided by regulation one guinea to every such 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.
Release by order of
Officer commanding	(4.) After a Volunteer Corps has been called out for actual

Volunteer Force	military service the corps shall be deemed released from
after Governor’s
proclamation.	actual military service only on an order signed by the Officer commanding the Volunteer Force and addressed and delivered to the Commanding Officer of the Corps which order the Officer commanding the Volunteer Force

shall

1867. 31« VIC. No. 5.

Volunteer Force Fegulation.

shall issue upon or as soon as may he after the pro­ clamation of the Governor declaring the occasion for such aforesaid service to have passed and not sooner or otherwise And hefore any Volunteer Corps is released from actual Corps to ba retum«a

military service such corps shall he returned to the head	quarters,
quarters of the district to which it belongs.

2 7 . Any officer of the Volunteer Vorce and officer of the per- officers half-pay

manent staff disabled on actual military service or in the ordinary

discharge of his duty shall he entitled to half-pay according to his

rank as provided hy regulation under this Act and the widow and	'
family of such officer killed on actual military service or in the ordinary discharge of his duty shall be entitled to the like pension or pensions for life or otherwise as the widow or family of an officer of

Her Majesty’s Army And any volunteer or non-commissioned officer Volunteers and

or in the ordinary discharge of his duty shall according to his rank pensioned as ensign*

be entitled to the like pension as an ensign in Her Majesty’s Army’

and the widow and family of such a volunteer or non-commissioned

officer killed on actual military service or in the ordinary discharge of

his duty shall be entitled to the like pension oi- pensions for life or

otherwise as the widow or family of an ensign in Her Majesty’s Army

of the volunteer permanent staff disabled on actual military service officoTs™?S”°'̂ of the Consolidated llevenue.

PAET III.

D iscipline .

28. With respect to the discipline of officers and volunteers and

officers and non-commissioned officers of the permanent staff not

service

on actual military service the following provisions shall take effect

and he in force—

(1.) The Commandim*' Officer of a VolunteerCorpsmay discharg-e Commanding officer*

irom the corps any volunteer not being a commissioned volunteers, officer of the corps and strike his name out of the muster roll and may disrate'^subject to the approval of the Officer commanding the Volunteer Porce any non-commissioned officer thereof either for disobedience of orders hy him while doing any military duty with liis corps or for neglect of duty or misconduct hy him as a member of the corps or for other sufficient cause the existence and sufficiency of such causes respectively to he determined hy the Com­ manding Officer And any volunteer so discharged may be called upon and reqriired to deliver up in good order fair wear and tear only excepted all arms clothing and appoint­ ments 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 coi’ps either hefore or after or by reason of his discharge but nothing: herein contained shall Governor’s pleasure ^ O • r \ n o a Q A a n r H i a ^ ' n

I j *1 f m *1 * ' t * 1 w l U i S w i l M X K V e

prevent the Governor from signifying his pleasure in such manner and giving such directions with respect to any such case of discharge as may appear just and proper.

(2.) I f any officer or volunteer or officer or non-commissioned Commanding officer officer of the volunteer permanent staff while under arms Srest while corps is or on march or duty with the corps to which he belongs

or any portion of the Volunteer Force or while engaged

No. 5. 31̂ VIC. 1867.

Volunteer' Force Regulation.

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 command he then is or is guilty of misconduct the officer then in command of the corps or regimeirt or any superior officer under whose command the corps or regiment then is may order the offender if an officer into arrest and if not an officer into the custody of any volunteer belonging to the corps or regiment or of any non-commissioned officer of the volun­ teer j)ermanent 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 continue engaged in any such military exercise or drill as aforesaid.

On actual military 29. W ith rcspcct to tho discipline of officers and volunteers and volunteers and per- officci's and non-commissioncd officers of the volunteer permanent manent staff liable gtaflf the following urovisioiis sliall take effect and be in force when and

to Mutiny Act and t ^ ^ j i ^ n j i • •

Articles of War.

SO long as they are on actual military service namely—all the provisions

of any Act of the Imperial Parliament then officially known to be in force for the punishment of mutiny and dt'sertiou and any Articles of War made in pursuance thereof or in case of engagement to serve in. aid of Her Majesty’s Xaval Porces all the laws and customs for the government of Her Majesty’s ships vessels and forces by sea and applicable to any person in or belonging tc; tbe Royal Navy or to any person being in actual service and full pay and being part of the crew of any of Her Majesty’s ships or vessels shall extend and apply to all officers and volunteers and officers and non-commissioned officers of the volunteer permanent staff and such officers volunteers and non­ commissioned officers shall be subject to the Mutiny Act and shall also be entitled to the benefits tbereof in all respects as the officers seamen and marines of the Royal Navy or the officers and soldiers of Her Majesty’s Army for the time being arc and as if the Volunteer Porce including the volunteer permanent staff belonged to and formed part of Her Majesty’s Regular Poi-ces Provided that a court-martial for the trial of an officer of the Volunteer Porce or of a volunteer or of an officer or non-commissioned officer of the volunteer permanent

. staff shall be composed of officers of the Volunteer Porce only Pro­ vided also that no volunteer shall be liable to be flogged but in lieu of any sentence of flogging shall be liable to imprisonment Avith hard labor for any term not exceeding six months.

PART IV.

R ules anu P ropeety op Corps.

Corps may make 30. The officci’s and voluiitecrs of a Volunteer Corps may from Govornocrap̂ provai. time to time make rules for the management of the property finances

and civil affairs of the corps and for the summary punishment 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 commanding Volunteer

Porce

1867. 3 r VIC. No. 5. 29

Volunteer Force Regulation.

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 Volunteer Force to the Com­ manding Officer of the corps to he hy him forthwith communicated to the corps—whereupon the rules so approved shall be l)inding on all persons A copy of the rules in print or writing or partly in print and partly in Avriting certified under the hand of the officer command­ ing the corps as a true copy of the rules whereof the Governor’s approAnl has been notified as aforesaid shall he conclusive evidence;

of the rules of the corps Provided that nothing contained in this Act Approved mies of

shall he construed to extend to repeal or disallow any rules of any repfaied.'̂ '’*''*

Volunteer Corps which lia e heretofore been approved hy the Governor

so far as the same are not inconsistent with any of tho provisions of

this Act and nothing herein contained shall extend to prevent Her

Majesty or the Governor in Her Majesty’s name from annulling at any Governor may annul

time any rules which liaAn been or shall be made for by or respect­

ing any Volunteer Corps.

31. All moneys subscribed hy or to or for the use of a Volunteer Property of corps

Corps and all effects belonging to any such corps or lawfully used J"ng*oVceî Tith*ox- hy it not being the property of any individual officer or Anluntecr ciusivo right to sue. belonging to the corps and the exclusive right to sue for and recover

current subscriptions arrears of subscriptions and other moneys due to the corps and till lands acquired hy 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 ci\dl 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 hy the Commanding Officer of any corps shall not he discontinued or abated hy his death resignation or removal from office hut may ho carried out hy and in the name of his siuicessor in office.

32.    I f any person belonging or having belonged to a Volunteer Subscriptions and

Corps shall neglect or refuse to pay on demand any money suhscrihed or undertaken to he paid hy him towards any of the funds or expenses of such corps or due under the rules of such corps and actually payable hy him at the time of demand or to pay any tine incurred hy him under the rules of such corps such money or fine shall (without ])rejudice 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 recnverahle and when recovered

shall be applied as part of the general fund of the corps. .

3 3 . I f any person designedly makes away with sells j>aAvns Penalty tor destroy-

refuses or neglects to deliver up on demand anything so issued to him issued 10° volunteers.

the value thereof shall he recoverable from him with costs as a penalty

under this Act is recoverable and he shall also for every such offence

of designedly making away selling pawning destroying damaging or

losing as aforesaid be liable on the prosecution of the Commanding

dcstroys damages or loses anything issued to him as a volunteer or destroyed damaged or lost to a penalty not exceeding ten pounds.

34. I f any person knoAvingly buys or takes in exchange from Penalty for buying any volunteer or any person acting on his behalf or solicits or entices articieŝ ŝuud'tô * any Anlunteer to sell or knoAvingly assists or acts for any Amlunteer in volunteers,

selling or detains as a security for any debt or demand or has in his possession or keeping Avithout satisfactorily accounting for them any arms clothing appointments or effects being public property or property of any Volunteer Corps or any public stores or ammunition issued for the use of any such corps he shall on the first com­ mission by him of any such offence he liable to a penalty not

exceeding

30 No. 5. 3r vio. 1867.

Volunteer Force Fegulation.

exceeding twenty pounds and shall on a second and every other subse­ quent 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 he liable to a penalty n o t' exceeding twenty pounds nor less than five pounds Avith or without imprisonment for any term not exceeding six months with or without hard labor.

Penaliy for	3 5 .	If any person AtdlfuUy commits any damage to any range butt
damaging or disturb'

ing butts.

or target belonging to Her Majesty or to the Government of New South Wales or belonging to or lawfully used hy any Volunteer Corps or Avithout the leave of the Governor or of the Commanding Officer of such corps searches for bullets in or otherAvdse 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.

Penalty for not

keeping uniform in 3 6 . Aliy non-commissioned officer or volunteer avIio fails to

proper order or	keep in proper order the uniform intrusted to his care or in his
wearing it contrary
to orders.	possession or who may Avear the same or any part thereof on any other occasion than Avhen on duty or specially authorized or permitted to do so by the Commanding Ofiicer of his corps shall incur a penalty of one pound for each offence to he recovered as a penalty under this Act is recoverable and when recovered to he applied as part of the general fund of the corps.

PAET V.

Exemptions.

Officers and voUm- 37. EA'cry officci’ uon-commissioned ofiicer and volunteer after

perroanent°*S” having sei’vcd as an efficient volunteer for at least two years and exempt from serving every officer and non-commissioned officer of the permanent staff of

as jnrois. Volunteer Force shall hereafter he exempt from serving as a juror

so long as he continues to serve as an efficient volunteer And a certificate under the hand of the Officer commanding tho Volunteer Force shall he sufficient evidence of the identity and right of any such officer or non-commissioned officer claiming such exemption.

Penalty for giving 38. I f any Commanding Officer of a Volunte<;r Corps

false certificate. knoAvingly gives any false certificate under this Act he shall for every such offence be liable to a penalty not exeeeding two hundred pounds to he recoAmred hy action of debt or information in the Supreme Court and paid into the Consolidated Eevenue Provided ahvays that any sucli proceeding shall not protect such Commanding Officer from a criminal proceeding for misdemeanor.

Benefits and interest 39. No person commissioned as an officer of the Volunteer

Mrvrceŝ n Voiuntem-̂ ̂ 01’ enrolled as a volunteci’ 01’ engaged as a

Force. iion-commissioned officer of the volunteer pernianent staff shall by

' reason of such sci’Ance or enrolment or engagement or of any duty liability matter or thing consequent thereupon lose forfeit or be deprived of any right claim benefit share or interest to which he is entitled at the time of his entry on such service or of such enrolment or engagement or to which but for such service enrolment or engage­ ment he Avould liaA’e been entitled and notAvithstanding anything to the contrary contained in the rules or regulations of any Friendly or Benefit Society no person shall lose any interest in such society hy reason of his service or enrolment in a Volunteer Corps or his engagement or service on the volunteer permanent staff and any dispute arising hetv.’cen such society and person by reason of such enrolment engagement or service shall be deemed a dispute directed

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1867. 31̂ VIO. No. 5.

Volunteer Force Fegulation.

by the rules of the society to be decided by Justices of the Peace according to the Acts for the time being in force relative to Friendly or Benefit Societies.

40. passed demandablc at any pier wharf quay landing-place bridge or No duty or toll under any Act of Council passed or to be Exemptions from

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—	_

( 1 .) Any officer of the V olunteer Force or any volunteer or officer officers volunteers

or non-commissioned officer of the volunteer permanent *“■

staff being on march or duty or going to or returning

from the place apjiointed for and on the day for exercise

inspection review or other public duty and being in

uniform . _

(2.) Any horse ridden or used by any officer volunteer or non- saddle or pack-

commissioned officer as aforesaid being on march or duty

or going or returning as aforesaid and being in uniform

(3.) Any cart waggon or carriage public or private employed Carnages &c. con-

only in carrying or conveying or returning empty from volunteers &e.

• carrying or conveying any officer volunteer or non-commis­ sioned officer as aforesaid being on march or duty or going or returning as aforesaid and being in uniform with or without any conductor or driver of such cart waggon or car­

. riage or domestic servant of such officer or volunteer

( 4 .)	Any gun-cart waggon or carriage public or private employed Carriages &c. con- only in carrying or conveying or returning empty from ga|e”aiMumtion' carrying or conveying having been employed only in carry- &c.
ing or conveying any arms or baggage of any officer volun­ teer or non-commissioned officer as aforesaid 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 as aforesaid—

And any person demanding or taking any duty or toll in contra-	for false
vention of the present section or making any false representation respecting himself or any other person or any animal or thing with intent to obtain for himself or otherwise or fraudulently obtaining for himself or otherwise any exemption under the present section shall for every such offence be liable to a penalty not exceeding five pounds.

PART VI.

' F o r e i g n E s t a b l i s h m e n t s .

41.

New South Wales and its Dependencies on behalf of himself or of any forforeign'̂ serv̂ ^̂ ^̂

other person or of any foreign Prince or State or of the Governor or without license

Government of any of Her Majesty’s Colonial Dependencies to appoint Governor,

enrol enlist attest or engage or accept the service in any military

capacity or as a military settler in any such State or Dependency on

behalf of such Prince Governor Government or person of any

ofiicer or volunteer or officer or non-commissioned officer of the

volunteer permanent staff without license prewiously obtained in

It shall not be lawful for any person within the Territory of No agent may

writing under the hand and seal of the Governor And the person to Notice of names to

whom such license is issued shall be bound to give ten days fOTceTnd°corps°̂ *°®

notice in writing to the Officer commanding the Volunteer Force and

to

32 No. 5. 31̂ VIC. 1867.

Volunteer Force Fegulation.

to tlie Commanding Officers of Volunteer Corj)S in sueh districts of the names of the persons offering themselves and of the liour and place at which such persons are to be so enrolled enlisted attested engaged or accepted And any person contravening the provisions of this section shall be guilty of a misdemeanor.

Volunteers in debt 42. On the affidavit of any officer or volunteer sworn liefore a

engaging°fo/foreign ^^tice of the Peace that any person hy whom any money subscribed

service may be

01* Undertaken to bc paid by him towards any of the funds or expenses

b"irby'̂ tXVufticel

Volunteer Corps is then due and unpaid or unprovided for is about to be enrolled enlisted or attested as aforesaid or to embark on board ship or quit the territory of New South Wales under engage­ ment of military service with any such Prince State Governor Govern­ ment or person as aforesaid such Justice may by warrant under his hand and seal directed to any officer or volunteer or non-commissioned officer of the volunteer permanent staff or to any constable cause such person to be apprehended and brought before any two Justices of the Peace to be by such Justices held to bail in such recognizances as such Justices may order until such money as aforesaid is paid or

. provided to or to the satisfaction of the Commanding Officer of such corps.

PART V II.

M iscellaneous.

Commissioned 43. All commissioned officers who shall have completed a

officers may retire

on their respective	service of five years as such in any Volunteer Corps or company shall
ranks.	lie entitled to retire on their respective ranks but shall nevertheless be liable to bc called upon for active sei'vice whenever as herein provided their services may be required.

Efficient volunteers	44. Every officer non-commissioned officer and volunteer under
entitled to grant of

land. this Act not being on the paid staff of or seining for regular pay in any Volunteer Eorce shall be entitled after having served as an efficient volunteer for a continuous period of five years dating from the first day of January one thousand eight hundred and sixty-eight to receive from the Government in consideration of his efficient service a free grant of fifty acres of such land as may be open to conditional sale under the thirteenth section of the Crown Lands Alienation Act of 1861 subject to such regulations and conditions as may from time to time be approved of by the Governor and laid before both Houses of Parliament And the certificate of the Officer commanding the Volunteer Eorce sliall be sufficient evidence that any officer non­ commissioned officer or volunteer has served as an efficient volunteer the prescribed term of five years.

Seven years of past	45. Every officer non-commissioned officer and volunteer as
efficient service to

count for three years	aforesaid serving as an efficient volunteer in any Volunteer Corps that
prospectively and	may be in existence on the first day of January one thousand eight
five years for two
and three for one	hundred and sixty-eight and ivho shall then have so served as an
teer to grant of
in entitling volun­	efficient volunteer for at least seven years whether continuously or not
land.	shall be entitled to hai-e such seven years of past efficient service counted for three years of the term of five years of continuous service prescribed as necessary under this Act after the first day of January aforesaid to constitute the claim of every efficient volunteer to a free grant of land in accordance with the provisions of the last preceding section And every such officer non-commissioned officer and volunteer who on the first day of January aforesaid shall then have served as an efficient I'olunteer whether continuously or not for at least five

years

18G7. 3 r VIC. No, o. 33

Volunteer Force Begulation.

years shall in like manner bc entitled to have such five years of past

efficient sendee counted for two years of the prospective term of five

,

years constituting the claim to a free grant of iand as prescribed in the preceding section and in like manner three years of past efficient service whether continuous or not shall be counted for one year of the prospective term of five years of continuous service constituting such claim Provided that the past service of any efficient volunteer to be so counted shall not date further back than the year one thousand eight hundred and sixty And provided also that the Officer com­ manding the Volunteer Force shall in every case give his certificate that such service has been actually performed.

46. Any penalty under this Act the mode of recovery of Pecuniary peoaitie*

which is not otherwise expressly provided for by this Act and any money or fine by this Act made recoverable as a penalty under this Act is recoverable and all offences against this Act shall where no other mode of proceeding is by this Act expressly provided be respectively recovered heard and determined in a summary way before two or more .1 ustices according to the provisions of the Act of Council fourteenth Victoria number forty-thrcic and the Acts of the Imperial Parliament thereby adopted And all penalties recovered summarily under this Act on the prosiH^ution of the Commanding Officer of a Volunteer Corps shall notwithstanding any enactment to the contrary in that behalf be paid to such Commanding Officer to be applied as part of the general fund of the corps.

47. Any person who not being enrolled on the muster-roll of Penalty fp̂

any Volunteer Corps or after having quitted withdraAvn or beeii “fvolunteer unfforui.

discharged or dismissed from such coiqis wears the uniform of such

corps shall be liable to a penalty not exceeding ten pounds for each	■
offence.

'48. No summary conviction or adjudication under this Act or No co/iorar/.

adjudication made on appeal therefrom shall be quashed for want

of form or be removed by certiorari And no Avarrant of commit- Conviction not to te

ment on any sueh conA'iction shall be held void by reason of any defect therein if it is therein alleged that the person theiein named has been conAUcted and there is a good coiiAdction to sustain the same.

49. All the prOA'isions of this Act shall apply to any united Corps m.-iy be united

body formed of tAvo or more st'parate Volunteer Corps for military otheruU™*'*

purposes by the authority of the Governor AA'hether the corps so united

be formed into a regiment battalion brigade or any other body.

50. The Governor may from time to time make any i-t'gu- Governor may

lations not inconsistent with this Act for the general government	regulation*,
discipline ;ind management of 1 he Volunteer Forces in the Colony
and the seA’ei'al corps thereof and tor all other purposes of this Act

and may call for such returns as may from time to time seem requisitt!	.
And all such regulations shall upon being publislied in the Govern­ ment Gazette be A alid in laAv Pro\ ided that a copy of every sutdi regulation shall be laid before both Mouses of Parliament AAdthiu fourteen days after tbe making thereof if Parliament be then sitting and if Parliament be not sitting then AAothin fourteen days after the commencement of tho next Session of Parliament.

51. There shall be laid before Parliament an annual state-Returns of moneys ment of all moneys ])aid under this Act to officers and non- bXi'ê ’̂urikmelit!'̂ commissioned officers of the volunteer permanent staff and to Com­

manding Officers of Volunteer Corps and to any other person or

persons AA'hatsoeAmr under and for the purposes of this Act.

SCHEDULES.

No. 6. 31° YIC. 1867.

Parram atta Factory-street.

SC H E D U L E S.

SCHEDULE A. .

Oath op Allegiance.

I 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 New South Wales 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 whatsoever. So help me God.

SCHEDULE B.

W itness’s Oath .

T he 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. .