Volunteer Forces Act 1865 (SA)

VICTORIE REGINB.

A.D. 1865-6.

No. 18.

Alz Act to consolidafe and amend dhe Aaw relating to the Organization

and Establishment of n Volunteer Jlilitary Force in South Australia.

[Assented to, 16th March, 1866.1

HEREAS it is expedient to consolidate and amend the law Preamble.

relating to the organization and establishment of a Volunteer

Military Force in South Australia-Ile it therefore Enacted, by the Governor-in-Chief of the Proviiice of South Australia, by and with the consent of the Legjslativr Council and \House of Assembly of -

the said Province, in this present Parliament assembled, as follows:

1. This Act may be cited as " The Volunteer Act, 1865-6." Bhort title.

2. An Act, No. 2 of 1854, intituled "An Act to organize and Repeal.

establish a Volunteer Military Force in South Australia," " The 2 1854.

Volunteer Amendment Act," being No. 17 of 185 3, L The Auxiliary 17 of 1859. '

Volunteer Act of' 1860," and The Volunteer Amendment Act of 7 of 1860.

1860" are hercby repealed, save as to any act, matter, or thing done 14 ,f 1860.

under or by virtue of the said Acts, or any of them, before the

passing hereof, and all offences against the said Acts, or either of

them, shall be punished in the same manner, as though this Act had

not been passed.

3. The Gorrernor shall, within six months from the passing Volunteer Foraa now

hereof, by Proclamation in the Government Gazette, declare the in existence W be	disbanded.
various Volunteer Companies which may be in existence at the time of the passing hereof, and which have been enrolled under any of
the Acts hereby repealed, to be and the same shall thereupon be
disbanded: Provided that nothing herein contained shall be deemed
to deprive any person who has been a member of such Volunteer

W Force

56 2g6 VICTORIA?,, No. 18.

Force of any immunity or privilege to which, under any of the re- pealed Acts, he may be, or, but for this Act, would have been entitled at the time of the passing hereof: Provided that ally com- pany of the said force to be disbanded as hereinbefore provided, consisting of, not less than sixty m m, or any mounted company or troop of such force consisting of not less than eighteen men, may join the Volunteer Force to be raised under this Act, upon signing

a fresh roll within three calendar months from the date of the here-

inbefore mentioned Proclamation.

O O ~ e ~ ~ ~ marrai"e

Volunteer Force of 4. The Governor may raise, organize, arm, equip, train, and notloeethan640men. exercise, a volunteer Military Force to serve within the said

Province for the defence of the same, in case of need; and such force shall consist of not less than five hundred and forty men, nor more than one thousand men, exclusive of commissioned officers, and shall be formed into such descriptions of force, in such pro- portiocs, and with such organization, as the Governor may, from time to time direct.

Governor may, by

proclamation, con- 5. For the purposes of this Act, and for more efficiently raising

gtitute Volunteer	such Volunteer Force as aforesaid, the Governor may, by Proclama-
Diutricte,	tion in the Gocern~nent Gazette, constitute " Volunteer Districts," and may define the boundaries .thereof and such districts, or tlk boundaries thereof may, from time to time, abolish, alter, or vary,
and by such Proclamation as aforesaid, may appoint the number of Volunteers to be raised for each or any of such districts, and such
number may, from time to time, alter o i vary.
Governor to nppoint	6. The Governor shall appoint one or more persons to raisc and enrol such Volui1tecrs as aforesaicl, and may define the districts, or parts of districts, within which such shall act; and s&h

olunteerp.

persons shall, immediately after their appointment, proccccl to enrol

so many ablc-bodied m e n as sllall prc~ent themselves for that pur-

pose mtl be R P ~ W O V ~ ~ of by the enrolling officcr, and who shall be

resiclent witliin thc district in which such men are directed to be	raised, or i11 any district imnlediately adjrtcent thereto, to serve in
such Volunteer Force.

Roscrve Ifot.ce not

exceeding 1,000 men 7. In ,.tddition to the Volunteer Force hcreinbefore authorized to

to be roiacd. be raised, thc Governor may raise, organize, arm, equip, and exercise n forcc to be called " The Iieserve Force," n-hicl1 shall coluist of not more than one thousand men.

Brembel's ItesCrvc 8. NO ~ C I S O I I shall be allowed to enrol as n mentber of the Reserve

Forcc! to have xc~vcd

thrxe years involun-	Y O ~ W uriless he shall have served for a period of at least three years
teem	in the Volunteer Force, to be rniscd by virtue of this Ant, or in the Voluntecr Force constituted under tlie said Acts hereby repealed, or any of them or partly in one of such Porccs and partly in the other of such Forces, so that in each case the tirrie of service in the said forces shall toeether have amounted to the full period of three years: Provided that in the case, where a volunteer shall

l

have served three years under the said repealed Acts, such volunteer

~hau

29" VICTORIB, No. 18. -

- p -

shall join such Reserve Forcc within a period of three calendar months from the date of the herciabeforc mntioned Proclanlation, and shall have obtained a cmtificate from the officer com~nailding the forcc, set-

ting forth that h ' lms, during his term of scrvice, sufficiently observed

the regulatiolis to ontitle him to join snch IZcsei~i c I*'orce: Providecl also, that any volunteer who may be entitled to joiu the Ileserve Force may join the Volunteer Force mlcl eiljoy all the privileges to which he would have been entitled had he joined the lteserve Force, includ-

ing the wearing of the distinguishing badge hercinnfter mentioned.

9. The Governor shall appoint some appropriate distinguishing badge to be woxn by the nlembers of the Eeservc Force, and every	Members of Reserve
Forco to be entitled
to wear distinguishing
membcr of such force shall, upon being enrolled t.herein, be entitled	badge.
to have and wear such distihguishing b i d g ~
10. No company or troop of the Volllnteer Force, to be raised under this Act, shall consist of less than sixty men, except in the	Corn9nnies to consist of not less than sixty
men; mounted troop,
case of a mounted company or troop, which s l d l consist of not less	eighteen men.
than eighteen men cxclasivc of cominissioned ofEcers.
11. The Governor sliall allpoint to every regiment;, corps, com- pany, and troop of sucll Reserve E'orce, and Vol~znteer	Governor may ap-
point Officers.

Force such ancl

so many officers, a i d such stafl-officers and non-con~missioned officers as he may deem necessary for the efficiency of the service, and may, from time to time, rcmove such officers, and non-commissiorred officers, ancl appoint others in their stead: Provided that, until removed by the Governor under the power 1mcixl contained, the captain or lieutenant, and ensign or cornet, of any company or troop enrolled under any of the Acts hereby repealed, and which shall join the Volunteer Force to be raised under this Act, as pro- ~ i d c d in section 3, slmll continue to be the captain, licutcnant, and ensign, or comet respcctivcly of such cornpally or troop.

Forcc as aforesaid shall, during their continnmce in the said forces, or teere. 12. h11 persons duly enrolled in suclr Rcserve Force or Volunteer Exemptions of Volunm

either of them, be exempt from all other military or militia service, their honses, and horses, and carriages shall bc cxcmpt from impress-

ment for any military service under any Act of tllc Governor and

Council of the s a d I'rovince; and all persons who sllall hare com- plcted the full term of three years' service in such lteserve Force (if otherwise not exempt), shall be exempt from service in any other forcc until the expiration of three p a r s from the date of their dis- cllarge from such force.

13. A11 officcrs of the Reserve Forcc and Volunteer Force appointed	Ofl ic~rs of Reserve
Force, and Volun-

lmd~.rr the autliority hereof, shall take precedcnw among t lmlsdves teer~, how to rant.

according to tllc rules which obtain in that behalf in the regular troops of Her Blajcsty; and officers of both forces shall rank as juniors of their respective ranks with officers in the regular forces of IIer Majesty, and as seniors of their respective ranks with officers

of any Militia raised in the said Province: Provided that all field	..
officers of Her Majesty's regular forces shall command all field officers of the Reserve Force or Volunteer Force. 14. Every

-. 88 2 9 O VICTORIX, No. 18.

- --

S

Volunteer Act. -1 865-6.

Volunteera sign an

engagement for three

14. Every person upon enrolling himself as a rnember of the Voluntecr Force shall sign an engagement to serve in such force for the period .of threc years, and during s r ~ h period shall, whilst disembodied, be subject to all wch rules and regulations for the maintenance of discipline in the said force as may be made and published under the authority hereof: Providctl that any member of the Voluntecr Porcc, with the written consent of the officer com- manding the fame for the time being, shall be entitled to be trails- ferred from such company to some other company to be consented

yearn.

S to by such officcr commanding.

@oremor ma7rcoept	15. The Governor may accept the resignation of any member of the lteserve Force at any time, and may also acccpt the resigna- tion of any rnember of the Volunteer Force, during the period of
reignation.
his engagement,

Volunteer not liable	to punishment by 16. No member of the Reserve Force or Volunteer Force shall be
reason of abfima from liable to any punishment for breach of engagement by absence from
the colony. duty, if such absence from duty shall be orcasioncd by his absence from the Ccblony, and such member shall have given notice, in writing, to the captain of his troop or company of such intended absence, find shall have delivered up to the captain of his troop or company his arms, accoutrements, and clothing, previous to his departure, and if any member of the Force shall be absent from the said Province for more than six calendar months his name shall be removed from the roll,
Clothing, arms, and
accoutrements. 17. The clothing, arms, and nccouiremcnts of silch Reserve Force and Voluntccr Force shall be of a description and pattern which shall be approved by the Governor, and s l d l be furrlisllecl to each member by and at the cost of the Government., and such arms and accoutrements shall be nncl remain the property of the Government, and, as to such arms and accou trenwnts as rnay be issued to the

by the person to whom the same may bc issued to any person said Vollmteer Force, shall be produced, exhibited, and given up	autllorizcll by the Governor to inspect or receive the same; and
any clothing'so issucd shall be arid remain the property of the Govern~nent during such period as the Governor may fix, at the expiration of which period it shall bccomc the property of the per- son to whom it shall have been issued.

Mountedvolr~ntcera	18. Every member of the Reserve Force or Volunteer Force who shall be enrolled in any troop of mounted riflemen or other mounted troop, shall provide a suitable horse, to the satisfaction of the com- manding officer of' the regiment or corps, and shall be entitled to receive forage for such horse, or an allowance in lieu thereof, for any period during which he shall be called out for the purpose of training or or h erwise.
to proride horsea.
Governor may call

out volunteere for 19. The Crov~rnor may call out the said Voluntccr Force, either

exerc i~. in who19 or in pert, for the purpose of exercising and training, at

tn-g

. euch

29" VICTORI2E, No. 18.

such times and places as he may think fit: Provided that no part of

such Force, except the Artillery shall, for thc purl~oses last aforesaid, be called out for a greater number of days than thirty-six, in any one year, or shall be required to leave the district within which they are raised for a greater number of days than six in any one year; and lx~vided that the Artillery shall not be called out for the purposes aforesaid for a greater number tlml forty-eight days in any one year, such days to be in addition to those required for recruit drill; but nothing in this Act contained shall p re~en t the Governor from calling out the officers of the said Volunteer Force and Reserve Force so often as he shall think fit for the pt~sposc of special drill.

20. The Govcrnor may call out the Reserve Force, either in whole	be called out for train-
Reserve Force may

or in part, for the pnrposc of exercise and training, at such times and	ing and oxercise.
places as he may tlliuk fit: Yrovided that such Rescrve Force, except in the case of officers called out for spcoid drill, shall not be called out for the purposes aforesaid x greater number of times than twelve nor less than four times in any one ycar.

21. The rates of pay of the scveral officers, non-com~xissioacd	Rates of pay for
Officers and men.

officers, drummers, and private men of the Volunteer Force and Reserve Force, v l d c employcd in cxercisc or training: shall be ac- cording to the rates in the Schedule following: Provided that the Govcrnor may reduce snch rates bp any regulation to be made, as hereinafter mentioned, with refeerencc to mcinbera of the said Volunteer Force or Reserve Force whilc undergoing recruit drill:

Major ,............,...........,...,.......

Captain ......................................

Lieutenant ........................... I. ., .. .

Xnsign or Second Lieutenant ..................

Paymaster ..................................

Atljntant (inclatling his p a y as Lieutenant or linsig~!)

&uarterruuster.. ...........................,..

&l11~%eoll ....................................

Surgeant-Major ..............................

Sergeant ....................................

Drum-M2jor ....................... . , .... . , .

Corporal ....................................

Private. .. . ..................................

Drummer, ...................................

Together wi.th an additional sum of four shillings for marching money for each day in which hc sllall be required to leave the district in 1vhic.h he is enrolled; and a further sum of six shillings for every such day to such members of the said Volunteer Force or Reserve Force 3s may be required, or be entitled to Icepp a horse for his use as n member of such Volunteer Force or Reserve Force: Provided that for the purposes hereof not less than five hours shall be considered a day anit not less than two hours half a day: Pro- vided also that nothing i11 this Act shall authorize the payment of any sum of money except out of such sums as shall have been first appropriated by Parliament for the purposes of this Act.

X 22. The

MembemOfYO1unteer

Force and Reeerve 22. The members of the said Volunteer Force and Reserve Force

Force to be paid qu.r shall be paid quortcrly any sums of money to which they may be

tedp.	Finoa may be de- entitled under this Act: Provided that any fines which may have
ducted.	been imposed on any member, and which shall remain unpaid, shall

be deducted from such sum,

Members of Parlia-	23, No member of either House of Pa~liarnent	shall receive any
ment not to receive

for personal ser. payment in respect of his personal services as a member or officer

un'esB

after enrolment in	of the Volunteer Force and Reservc Eorcc, u ihss such member
Volunteer Force and	shall have been elected to his seat in Parliament after his enrolment
Reeerve Force.	as a member or appointment as an officer of the said Volunteer
and Reserve ~orce: A
fn case of invasion,
Volunteers may be	24. The Governor, in the event of the invasion of any part of the minent danger thereof, may embody and call out the wholc or acy m r t of the said Reserve Force and Volunteer Force for actnal service, b d may direct the same to be marched to any part of the snid Pro- vince, under such officers as he inay appoint, and keep the same embodied for such period as he may deem requisite, or at his dis- cretion may disembody them; and such Reserve Force and Volunteer Forcq during the time that they shall be so embodicd for actual service, shall be subject to the &Intiny Act and to the Articles of War made in pursuance thereof: Provided that no punishment be awarded against any member of the Reservc Porcc or Vollintcrr Forcc by any Court Martial, under authority of the said Act or Articles, shall estcnd to loss of life or limb, or to corporal pimishment by flogging; but,

cu	out for ~	t	said Province by any hostile force, or if thcrc shall appear to be im-	~	l
rorvice.

in the stead thereof, any such Court hlartixl may award imprisonment,

with or without hard labor, for any period not cxcecding six calendar months; and in respect of offences to which the punishlnent of death

is annexed, may award imprisonment with hard labor for the period

of seven years: Provided that the Governor may remit any punish-

ment to be so awarded either in whole or in part.

NO party to forfeit	25. No person who may be enrollcd as a member of	the Reserve
my benefit or i n k r c ~ t

b	hia	Force, or the Volunteer Force, under the authority hereof, shall, by
rolment.	reason of s t d enrolment, or of any duty, liability, matter, or thing, consequent thereupori, lose, forfeit, or be deprived of any right, claim, benefit, share, or interest to which he may be, at the time of such enrolment, or to which, but for such enrolment, he would have
been entitled.

Odofyoluntee*. 26. E ~ e r y member of the Reservc Force and Volunteer Force,

who may be enrolled under the authority hereof, shall, at the time

of enrolment, take the following oath, to be administered by the enrolling officer or by any Justice of the Pence for the said Pro-

vince :-

h' J, A.B., do sincerely promise and swear that I will be faithful

and hear true allegiance to IIcr Majesty, Her heirs and successors, and that I will faithfully serve in the Volunteer

Force [or in the Reserve Force, as the case may be], within

the

29" VTCTORTX, No. 18,

----p P- U

the Province of Sltuth Australia, for the defence, of the same, during the time for which I am enrolled, unless I shall bc sooncr discharged.

Certain moneys to be

27. 111 addition to any special sum or sums of lnoncy that may from time to time be voted b y Parliament for such purposes, there shall bc set n p x t ~ v c r y yrnr oot of the Ordinary Cicnerid Revenue of the said Provin'cc n sun1 of money s:tfficirnt at lcast to provide the following prizes; for the cncour~tgelnent of efficicacy in the usc of the rifie or other regulation arm supplied to tlre members of the said Reserved Force and 'TToluntccr Forcc-that is to say, the sum of Ten Pounds for the best marlismnn of each company in the said Reserve Force and Volunteer Force; and the further sum of Onc IInndrecl and Five Founds, to be divided into prizes of Fifty Pountls, Thirty Pounds, and Twmty-five Pounds, to be conpcted for by die ~vinncrs of the company prizes for t l ~ yew, anti not more thau three otlxer men from each company of tllc said Itescrve Force and Voh~ntcer Force, who, in the eompetitiml for the ctmpany prize, shall liavc inaclc tho next highest scores: Provided that no inember of the Rcservc Forcc or Volunteer Force shall bc al lo\vd to corn- pcte for the company prize, who bns not been n regnlar attendant at drill, and has not coliiplid ~vi th the regulatiuns affecting his conlpnny, to be made under the provi4ous hcrcof.

set apart for prizos.

Captain of Company

2F. Thc (:aptail1 or officer co~nmmcling each cornpuny slrall, on to give certificntc to

request, deliver to the ~v i~ lnc r	of thc cimpnny prize, and to the	entitle nien t o shoot
for chaapion prize.

men making the next l l i~l iest scores as rncntinned in thc la5t section, n certificate thweof, wlllcll certificate shall be suficient to crrtitle the holder thereof to compctc fbr tllc champion prize.

Governor may mnke

29. The Governor may from time to time malre, repeal, akci., or vary such general rulm and regulations as he m:ty cleern expedient	general rulo~ and re
gulations.

for the maintenance, discipline, training, and enliuring the regular

a t t~nda~ ice at ciriil ancl cxercisc of the said 1"lcscrvi: Forcc ancl Volun-

teer F o l ~ e, and for ensuring the w ~ i ~ l a r attendance of the forces at special drill, and generally for giving full effect to this 14ct; arid also special rules and rcgultttions for each company of s w h lteserve Force or Vol-rirrteer Force, for thi: purpose of prescribing and defining snch matters as may be cvnsidercd dmirahlc for the good and efficient goverimcnt of each particular company, and which it inay be impossible or inexpedient to cmbocly in snch general rules and remlations to be mzdc as aforesaid for the whole of the said U Reserve Force and Volunteer Force; ancl by such rules and regulations, whether general or special, may define offexiws and fix the l)~ul~inh-

ment thereof By finc or imprisonment; bot so that no fine shall exceed Ten P u u d s, except for breach of engagement by absence from duty when called out, the finc for \\-hi:h shall not exceed Fifty

Pounds; and no period of imprisorrmcnt shall exceed the term of

forty-two days': And such I-nlcs and rrgulntions, or any nlte~ations

thereof, being pultlislml iu the Goue~nment Gazette shall, while W-

repealed, have the same force and effect as if the same had been

embodied

Volunteer Act.-1 865-6.

i

embodied in this Act, and shall be in force a t all timcs whether the said Reserve Force or Volunteer F o ~ c e shall be on parade under arms or otherwise; and any penalties imposed by such regulation may bc cnforced as hcreinaficrmentioned.

mav enmniarily ordcr 30. Any comrnissio~lcd officrr for the time! Iwing in command of	OEcer in command
imiriauomentfor one any body of men of the said Hcserrc Force or Volunteer Force may

summa~ily orclcr R J I ~ member of such body to be iniprisollcd in any

daya' pay.

guard-hollse to be appoilrtrd for such P I I ~ ~ O S C by the Governor for ally period not escccdinq one day, or illay inflict n fine upon any

Officer may give	such meniber not exceeding two clays' pay; and srich officer may
cultody for brcacb of	order any person committing a breach of tlie general rules mid regu-
g e n e r a l r ~ l a t i o n s.	lations I~ereinbcfore nlcationerl to be arrested and kept in cxstotly until he stiall ire brought bcforc n Special 3Ingistratc or two Justices
to answer for such breach, which shall bc within three d n ~ s fi.0111
tlie d q - nf arrest.

member of force into

Until rules made 31. Until the Governor shaI1 make and pnblish general ~ u l c s and

u d e r this Art, rulea	regdations uncler the powers herclin ccli~ttiiucd,	the rulcs and rwula-	?
contnincd in Gor e m -

merit G m t e o f 22nd	tions contained in ant1 proclaimed by the Go~:er?~nzent	GY~mltr?	of the
Octoher, 1863, fo be

in force.	twenty-secund tiny of October, 1863, shall be and continuc in force, and shd l apply i o the Volunteer Force to be c:!roiled under this Act; and s l d l 1la1.e the s m l e forcc mcl ef ic t, and nay be cnforced in all respects, as if the same had Lecn duly made and published uiicter this Act.
Penalties may be rc-
covered btfo1.e Special	32. Procccclings for enforcing ar?y penaltics imposcd by this Act, or by ally rules or rc.gnlations to be made ~mtlet. the pnwcrs in that
Magistrate or t w o
J usticea.	behalf 1icrcinbefofol.e contaiucd, or hy thc said rules and regulations contained in and proclainwl hy the snid G'ouernmr~tt ~ n z r c e of the said twenty-second October, 1863, ~vhetlwr pecuniary or otherwise, may be bacl before, and shrtll be heard tznd deterniirled in a snrn- mary way by any Spclrial Rlagistratc or two Justic: S, under the pro- visions of m Orhinance of thc Go\,crnor ;wd L i l g i s l i ~ t i ~ ~ C 'OUIIC~~,
Eo. C i of 18.30, L. 1'0 facilitate the pcsf'oriiiiilc~e of the clutics of Just,iccs of the l'caoc ont of' Session, 11 i ih ~ ~ s y i: c t to suninlary con-
victions :incl or&-ls," or of' any Act hercaf'tt~r to be in f'orcsc ~.t%latir~g
to thc duties of Justiccs of' the l'eace with rcspcct to summary convict~ons and orders; nncl all convictions and orders may be enforced as in tlie snid Ordinance is mcntionecl.
Appeal on con~+tion.	33. T l w c shall be an appeal from any conviction by any Special Magistrate or Justices for any offence against this Act, or from any order dismissing ;iq- infornlation or complaint, or from any order for payment of costs or otherwise, which al~peal shall be to the Local Court of Adelaide of Full Jurisdiction only; ancl the proceedings on such appeal shall be conducted in ~nannev appointed by the said Ordinance No. 6 of 1850, for appeals to Local Courts; but the Local Court of Adelaide aforesaid may make such order as to pqmcnt of the c l~sts of aypeal as it shall think fit, although such costs may
exceed Ten Pounds

34. All

29" VICTORIB, No. 18. -

Volunteer Ac t .1865-6,

34. All actions and prosecutions to be commenced against any P r o t e c t i o n t o ~ @ ~ e ~

person for anything done in pursuance of this Act shall be com- menced within three calendar months after the act was committed,

and not otherwise; and notice in writing of such action, and the

cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action; and the defendant in any such action may plead the general issue and give this Act and the special matter in evidence at any trial; and the plaintiff shall not recover in such action, if tender of sufficient amends shall be made before action brought; or if, after action brought, the defen- dant shall pay into Court sufficient amends; but, in suchlast-named case the plaintiff shall recover his costs of suit up to the time of pay- ment into Court; and if a verdict shall pass for the defendant, or

the plaintiff become nonsuit or discontinue, the defendant shall re-

cover full costs as between attorney and client, and have his remedy

for the same in the usual way.

35. This Act shall come into operation six calendar months from Commencement of

the passing hereof, or on a day to be fixed by the Governor by pro- A O ~.

clamation in the (iovernment Gazette, which shall first happen.

h the name and on behalf of the Quecn I hereby assent t o

this Act.

D. DALY, Governor.

Ls . ' - A

Adelaide : Printad by authoaity, by W. Q. Cox, Go~enunent Printer, Yictoiirn-square. .

Y