Volunteer Military Force Act 1854 (SA)

No. 2.

An, Act tn organize and mtablish a Volunteer fila'bury Force

in South Australia.

[Assented to, September 14,1854.1

HEREAS it is expedient to provide for the internal defence E + W M ~

tion, equipment, and training of a Volunteer Military Force from W- of the Province of South Australia by means of the organiza-

among the inhabitants thereof, and to authorize the raising of the Rame for the purpose aforesaid-Be it Enacted by the Lieutenant- Governor of South Australia, with the advice and consent of the Legislative Council thereof, as follows:

1. I t shall be lawful for th raise, organize, arm, aa~ernor mar d m 8

Volunteer Force of

equip, train, and exercise, a itary Force to serve not lees than 85Q

mthin the said Province for the defence of the same, in case of need; and such force shall consist of not less than eight huundred and fifty men, nor more than two thousand men, exclusive of Com- missioned Officers, and shall be formed into such descriptions of force, in such proportions, and with such organization, as the Governor may, from time to time, direct; and, also, by Proclama- tion in the tiouth Australian Government Gazette, to constitute Di~ltricts for the purposes hereof, and to define the boundaries of suchDia+ricts, and such boundaries, from time to time, to alter; and to app0u.t the number of such Volunteers to be raised for each or

any af such Districts.

2. The Governor shall appoint one or more persone to raise and & w m r to appoint ns to enrol

enrol such Volunteers BS aforesaid, and may define the Di8tricb, or F	olunteers.
parts of Districts, within which any or all of such persons shall act;
and such persons ahdl, immeditttdy after their appointment, pro-

B @ ceed

ceed to rrtise mch Volunteers, being resident within the District in

whieh mch men are directed be raised, or in any District im-

medisk1y adjacent thwefa, and being able-bodied men.

G 0 m m m m ~ 8 p ~ n t	m-	3. It shall be hyf3-d for the Governor to appoint to every regiment, CO B,' $may9 a d troop of such Vdunteers, such and	so many O & &' "&Id m& 8taff-O$oers and Non-commissioned	Officers as be *p &p maqy fdr the efficiency of the Ser-
vice, and fi.0~~ 'fo remove such Officers and Non-
Commissioned OBcera, ' oint others in the place thereof:

volmtsers re- Provided that it shall for each troop or company of

commend persons to

the Qovernor,	the said Volunteere to recommend to the Goveriior any persons duly enrolled and engaged as Volunteers to be Captain, Lieute- nant, and Ensign or Cornet for any such troop or company.
bem@an8ofVdun-

tea'& 4. All persons duly enrolled and engaged as Volunteers aa

aforesaid shall, during their continuance in the said Force, be exempt from all other military or militia service, and fiom serving on juries, and their houses, horses, and carriages shall be exempt from impressment for any military service under any Act of the Governor and Council of the said Province; and such per- sons, after completing the full term of three years' service in such Volunteer Force (if otherwise not exempt), shall be exempt from service in any other Force until the expiration of six years from the date of their discharge from such Force.

OfB6~pd~fYolunt@m

how to rant-

5. All OflGcers of Volunteers appointed under the authority hereof shall take precedence among themselves according to the rules which obtain in that behalf in the regular troops of Her Majesty, and shdl rank as juniors of their respective ranks wi& OBoers in the Regular Forces of Her Majesty, and as seniors of their respective ranks with Officers of any Militia raised in the Province: Provided that all Field Officers of Her Majesty's Regular Forces shall command a11 Field Officers of Volunteers.

V~IIQ*~* &P an

6, Every Volunteer upon enrolling himself shall sign an engage- ment to serve as wch Volunteer for the period of three years, and, during such period, shall, whilst disembodied, be subject to all such rules and regulations for the maintenance of discipline in the said Force ss mar be made and published under the authority hereof. Provided that, notwithstanding such engagement, it shall be lawful for any suoh Volunteer to retrre from the said force at the e x p h - tion of the first or second year of his service, upon giving one month's notice in writing of his intention so to do to the Captain of his troop or company.

engagement for three

pare.

~ m s m o r m y m ~ e 7, It shall be lawfiil for the Governor, from time to time,

mplations fa disci-

phw ofvOInnt-	Proclamation to be published in the South Attstralian Goammen$
Gazette, to &e and establish rules snd regulations, which s h d
bsve effect only when auoh force &hall be d e d out fas ta&iog irnd
ege&&, for *emsinaffi!nance ofdipci line in my V o l w n ~ Force b

or impiwmueot. ~ r t b e a~ta~wity here4 U l 4hadt.i to define

.

* fix

fk the p~nishrpe~t thewf by fine or t ; b t ~othat r t ~ h

&& ex& the sqqx of Ten Pouods, eacept fqr bm& of e v p

by aWnce f g m duty wbm d e d Q R ~ the h tk w h h

% h 4 oot erne4 the sutp af Fifty Pounds, wd ng peed of 3pqwko~-

merit shall exceed the term Qf forty-two days; and q ~ y bw&, of B&

rules and regulations	be heard wd nddjydieafed on by agy two
or more Justices of	a c e in a summary way: Provided that

any punishment not exceeding one day's imprisonment io any guasd- house to be appointed for that purpose by the G,ovwnor, or a fine not exceeding one b y ' s pay rnsy be ingcted summarily by the

Officer for the time being $ command: And pro~i$e$, a,1@~,, that

such OBcer in command may order any person committing a breach

of such rules and regulations to be arrested and kept in custody until he shall be brought before two or more Justices; which shall be within twentyfour horn at the furthest.

8. It shall be lawful for the Govcrnor to accept of the resig- ~ o v e m o r m a ~ ~ c e ~ t

nation of any Volunteer during the period of his engagement, pm- tute pro*ided.	@gnation, if subti~
vided that such Volunteer shall provide some approved person to serve as a Voluntecr in his place for the residue of the period for which he was engaged to serve.

9. No Volunteer shall be liable to any punishment for breach of volunteer not liable

engag"m@nt by absence fmm duty, if such absence from duty shall to punishment by rw- son of absence from

be occasioned by his absence from the Colony, and such Volunteer the colony.

shall have given fourteen days' notice, in writing, to the Captain of

his troop or company of such intended absence.

t 0, The clothing, arms, and accoutrements of such Volunteer c l o t l l ' ~ . A

Force shall be of a description and pattern which shall be approved accoutremw~ by the Governor, and shall be furnished to each Volunteer by or at the cost of the Government, and such arms and accoutrements shall be and remain the property of the Governmeut, and shall be pro- duced, exhibited, and given up by the person ta whom the same may be issued to any person authorized by the Governor $0 inspect	or receive the same, and any clothing so issuw? shall be and remain	the property of the Goverammt during such periad as the
Governor may fix, at the exp idon of which period if shall become
the gr~perty of the person to whom it shhall have been issued.

l l Every Volunteer who s h d be enrolled in any troqp of Mount& V O ~ U ~ W *

Mounted Riflemen, or other mounted troop, &l1 provide a suitable to provide horaes.

horse, to the satisfaction of the Commnding OBjcer 0-l' the R e -

meat or Corpq and shall be entitled to receive farage for m& horse, or an allowance in lieu thereof, for m y period daring whieh he W1 be d e d out for the purpose of trabbg W othPrrrise.

121 It ~ h d be IOWM EQF t b COP-'^^ t~ W& a t t;b Governor may calk oat Volantebre for

Voh.mker FU-, eith8r ia whok or in training and erereh

h0 pm% of -h F~me?

fw

for the purposes last aforemid, be called out for s greater number

of days than thirty-six in any one year, or shdl be required to

leave the District within which they are raised for a greater number of days than six in any one year; and provided that the Artillery shall not be cded out for the purposes aforesaid for a greater number than forty-eight days in any one year.

W I I ~ ~ t~ be p a 13. Them shall be paid to every such Volunteer, for every day

on m i c a

of the period for which he may be called out, for the purpose afore-

mid, or for actual service, the sums following, that is to say-

To each Volunteer in the Artiiery, the sum of Ten Shillings.

To each Volunteer of Cavslry or Infantry, the sum of Six

Shillings.

And an additional sum of Four Shillings, for marching money, for each day in which they shall be required to leave the District for which they are raised.

But such sums shall include my pay which such Volunteers may at the time be receiving from the Government in respect of my other service.

m staff-offlcer'

anb aergesots for

14. There shall be granted for the pay and allowances of not more than three StaE-Officers for the said Volunteer Military Force for one year a sum not exceeding Three Hundred and Sixty-five Pounds each, and for the pay of not more than three Staff-Sergeants, a sum not exceeding One Hundred and Eighty-two Pounds Teu Shillings each; and each of the said Staff-OEcers shall keep a horse for the due performance of his military duties, and the said pay and allow-

ORB year,

~ ~ - 0 f l m when ance shall include forage ;. and the said Staff-Officers, when so ordered by the Governor, shall inspect, train, and cxercise the Volunteer

Adelaide, and in the	Military Force in Adelaide, and in the several Districts, and perform
reveral. D~stncta	such other duties as the Governor may direct.

Qovernor may accept 15. It shall be lawful for the Governor, in addition to the number of

~Fvicee of Volunteers

without pay,	Volunteers hereinbefore authorized to be raised, to accept and avail
willing to serve as Volunteers without receiving any pay, and who himself of the services of such and so many persons as may be shall enrol themselves as such Volunteers, and shall provide, at their own expense, all such necessary and fitting horses,
clothing, uniforms, and accoutrements, as the officers of the sever ""3 troops or companies into which such Volunteers shall be formed
shall respectively decide upon; and all such Volunteers as last afore-
&d shall be authorized to enrol themselves in troops or companiee
of not less than twenty-five men in each, and to appoint such Officers se they may think fit; and such Volunteew, when enrolled, shall be entitled to the tame exemptions and immunitics, and shall be subject to all such rules and regulations as may, from time to time, be made and established by the Governor under mthority hereof: Pro-
vided that no Ofher to be elected and appointed &B e\.for~mid ~hrdll
have comma;nd over the Volunteers herein authorized to be m i d, or shdl have any rank or authority until his appointment have been confirmed by the Governor. 16, It

16. It shall be lawful for the Governor, in the event of the in- ~ o ~ ~ ~ ~ ~ ~ ~ *

vasion of any part of the mid Province by any hostile force, or if called out	actual
there shall ap ear to be imminent danger thereof, to embody and serY1ce.
call out the W K ole 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
Province, under such officers as he may appoint, and to keep the same embodied for such period as he may deem requisite, or at his dis- cretion again to disembody them; and such Volunteers, during the time that they shall be so embodied for actual service, shall be subject to the Mutiny Act and to the articles of war made in pursuance thereof: Provided that no punishment to be awarded against any such Volunteer by any Court Martial, under au- thority of the said Act or articles, shall extend to loss of life or limb, or to corporal ppuishrnent by flogging; but, in the stead thereof, it shall be lawfirl for any such Court Martial to award imprisonment, with or without hard labor, for any period not ex- ceeding six calendar months; and in respect of offences to which the
unishment of dcath is annexed, to award imprisonment with hard fabor for the period of swell years: Provided that it shall be lmvful for the Governor to remit any punislinicnt to be so awarded either
in whole or in part.

17. No person who may be enrolled as a Volunteer under the' ~ o p n r t ~ y to forfeit

any benefit or interest

authority hereof shall, by reason of such enrolment, or of any y reason of his

duty, liability, matter, or thing, conseqnent thereupon, lose, forfeit, enrolment.

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.

18. No person duly aumnioned to serve 011 any jury shall be l'ersonS cxempt wislli~g from jurier to be

exernated from such service by virtue of this Act, unless he shall, to claim exemption.

with& fourteen days from a d after his enrolment as R. Volunteer

under the provisions hereof, qive notice to the Sheriff of the said

Province, in the form containkd in the Schedule hereto, of his claim

to such exemption.

19. Every Volunteer who may be raised or enrolled under the Oath of vO1mteen

authority hereof shall, within one nionth after being so raised or enrolled, take the following oath, to be administered by any Justice

of the Peace for the said Province :-

L' I, A. B., do sincerely promise and swear that I will be faithful and bear true allegiance to Her Majesty, Her IIeirs, nad Successors; and that I will faithfully serve in the Volunteer Force within the Province of South Australia, for the defence of the same, during the time for which I am en- rolled (or while I may continue such Volunteer), unless I shall be sooner discharged."

amondd

20. This Act may be amended or repealed during the present Act mar or repealed,

Seaaion of Council.

C SCHEDULE

SCHEDULE REFERRED TO.

I. the undersianed, do hcreby give you notice

that I claim to 6e ex&npted from serving as a Juror for the Province of South Aus-

tralia, having on the day of been enrolled as a Volunteer

for the District of under the provisions of an Act to Organize

and Establish a Volunteer Military Force in South Australia. Dated, &c.

To the Sheriff of South Australia.

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Adelaide: Printed by authority, by W, C. Cox, Government Printer, Victoria-square.