Volunteers Act 1854 No 8a (NSW)

No. VIII.

An Act to authorize the formation of Volunteer Corps in the Colony of New South Wales and for the Regulation thereof. [4th August, 1854.]

WH E R E A S of N e w South W a l e s on behalf of H e r Majes ty to accept t he	services of such t roops companies or corps of H e r Majes ty ' s loyal
subjects as m a y be wi l l ing to enrol themselves as Volun tee r corps
nava l as well as mi l i t a ry and to m a k e provision for t he regula t ion
thereof Be i t therefore enacted by H i s Excel lency t h e Governor of
t h e Colony of N e w South Wales by and wi th t h e advice and consent
of the Legislat ive Counci l thereof as follows :—
1. I t shall be lawful for t he Governor of the Colony on behalf of H e r Majes ty to accept t h e offers of service of any corps of Volun­ teers naval as well as mi l i t a ry tha t m a y hereafter be formed upon such t e rms a n d condit ions respectively as to t he said Governor may seem fit and proper .

it is expedient to enable t he Governor of t h e Colony

2. The c o m m a n d i n g and other officers of t he r a n k of commis­

sioned officers in such corps shall be appoin ted by commissions unde r t he h a n d and seal of t he Governor of t h e Colony and all such officers shal l r a n k wi th the officers of t h e r egu la r t roops in H e r Majesty 's service as t h e younges t of the i r r a n k The non-commissioned officers of every such corps shall be appoin ted by t h e commanding officer

thereof.

3. Every corps of Volunteers shall be subject t o such rules a n d regu la t ions as shall have been agreed upon a t t he t i m e of the i r or iginal enro lment or as shall be thereaf ter made in pu r suance of t he ar t icles of association t h e n en te red in to and if no such rules or regu­ lat ions shall have been t h e n made or au thor ized to be made t h e n t h e same m a y be made or au thor ized to be thereaf ter made according to resolut ions to be entered in to by t h e majori ty of t h e m e m b e r s of such corps who shall a t t end a mee t ing thereof to be convened by t h e c o m m a n d i n g officer for the purpose of r egu la t i ng or providing for the regu la t ion of such corps a n d such ru les a n d regula t ions m a y provide for t he enforcement thereof aga ins t t he several members of such corps by the imposi t ion of fines which fines m a y be recovered by distress a n d sale of t h e goods of t he pa r ty charged unde r t h e w a r r a n t of the

" I A. B . do sincerely promise and swear t h a t I will be faithful
' and bear t rue allegiance to H e r Majesty Queen Victor ia " as

c o m m a n d i n g officer of t h e corps in t he same m a n n e r as unde r t he

w a r r a n t of a J u s t i c e of t he Peace.

4.    Provided t h a t no rules or regula t ions shall be valid or b ind ing

on any corps for any purposes of th i s A c t or for any o ther purposes unless t h e c o m m a n d i n g officer shall submi t t h e same to t h e Governor a n d such ru les a n d regula t ions so submi t ted shall if no t disallowed by t h e Governor wi th in twenty-e igh t days after t he receipt thereof by h i m be considered as approved and confirmed a n d t h e Colonial Secre tary shal l signify such approba t ion and confirmation to t h e command ing officer t o be communica ted by h i m to his corps and such ru les and

regu la t ions shall t he reupon be b ind ing and valid.

5. Eve ry person who shall be accepted as a member of such corps shall upon such his acceptance and before he shall be r anked as an effective member thereof t ake and subscribe the following oa th of al legiance :—

" as lawful	Sovereign of t he U n i t e d	K i n g d o m	of	Great
" Br i t a in and	I r e l a n d	and	of th is	Colony of N e w South

" W a l e s dependen t on a n d belonging to t h e said U n i t e d

K i n g d o m a n d t h a t I will faithfully serve H e r said

" Majesty in t he said Colony for the defence of t h e same

" agains t all H e r enemies and opposers whatsoever .

" So he lp m e God ."

6. Eve ry such Volun tee r corps shall be subject to be inspected once a t least in every six m o n t h s by some Genera l or Field Officer of H e r Majes ty ' s r egu la r forces or by some Capta in in H e r Majesty 's navy as t h e case m a y requ i re according to t h e n a t u r e of t h e service^ for which such corps or any company thereof shall have been enrolled

or which t hey shal l have par t icu lar ly unde r t aken .

7. N o toll shall be demanded or t a k e n a t any turnpike; ga te or ferry for any m e m b e r of any corps of Volunteers going to or r e t u r n i n g from exorcise or for any horses r idden by any such member or members or any horses or ca t t le d rawing any gun-car r iage or any wagon or o ther vehicle be longing to any such corps or t hen be ing employed for t he purposes of t h e same nor for t he persons dr iv ing or conduc t ing the same nor for any such gun-car r iage wagon or other vehicle Provided t h a t every such member be dressed in t he uni form of his corps and be a rmed and accout red according to t he regula t ions provided for such corps at t he t ime of c la iming the exempt ion .

8. I n all eases of ac tual invasion or host i le or p reda tory a t tack or of i m m i n e n t danger thereof all such corps of Volun tee rs shall whenever t hey shall be summoned by t h e Governor or upon the m a k i n g of a n y general signals of a l a rm by order of t he Government forthwith assemble and shall be; l iable to m a r c h or embark on board ship or otherwise according to t he t e rms and condit ions of their respective services a n d all such corps of Volun tee r s and t h e several members thereof shall upon and from t h e t ime of such assembl ing as aforesaid a n d u n t i l t h e enemy shall be defeated and expelled ( the same to be signified by t h e Governor ' s Proc lamat ion) con t inue and be subject to all t h e provisions contained in any Ac t of P a r l i a m e n t t hen or last officially k n o w n to be in force for the p u n i s h m e n t of m u t i n y and desertion and to any Art ic les of W a r made in pu r suance thereof or in case of engagemen t to serve in aid of H e r Majesty 's naval forces to all t he laws a n d cus toms for t h e t ime being in force for t h e govern­ m e n t of H e r Majes ty ' s ships vessels and forces by sea and applicable to any person in or be longing to t h e Royal N a v y or to any person

being in ac tua l service and full pay and being par t of t h e crew of any	of H e r Majes ty ' s ships or vessels.
9. W h e n any such corps shall be assembled or inarched on any summons or general s ignal of a l a rm the Governor m a y order t h e m to
he p u t under t h e c o m m a n d of such mi l i ta ry officer or such naval
officer as he may appoin t or as may t h e n be command ing wi th in t he
Colony but t h e y shall be led by the i r respective officers u n d e r such
c o m m a n d as aforesaid.
10. Al l persons enrolled in any corps of Volun tee r s when assembled on any of t h e occasions above s ta ted shall be ent i t led to pay (if demanded) du r ing the period of the i r so r ema in ing assembled as aforesaid in such m a n n e r and after such rates according to the i r respectiVe r a n k s and s i tuat ions and to be qua r t e red and billeted in l ike m a n n e r in every respect and unde r and subject to t he same regula t ions as H e r Majes ty ' s regular forces wi th in t he Colony so far as t he same shall by t he Governor be deemed applicable to Volun tee r corps.

1 1 . I n the event of any member of any such Volun tee r corps

being kil led or wounded in ac tua l service t h e Governor shall within
seven

seven days after t h e commencemen t of t h e t h e n nex t Session of t h e

Legislat ive Counci l cause to be laid on t h e Table of t h e said Council a r e t u r n of the n a m e and r a n k of every such person so kil led or wounded a n d propose; t he g ran t by t he said Council of such pension or g ra tu i ty to such wounded person or to t h e widow or family of such person so kil led as aforesaid to such a m o u n t as t he Governor wi th t h e

advice of t h e Execu t ive Council shall t h i n k fit.

12. Al l money subscribed by or for t he use of any corps and all a rms stores a m m u n i t i o n d r u m s lifes or musical i n s t r u m e n t s or o ther ar t icles whatever be longing to or used by any such corps n o t be ing t h e p roper ty of any par t i cu la r indiv idual shall be vested in t h e command ing

officer of such corps for all purposes of ind ic tment or ac t ion	cr iminal
or civil in L a w or in E q u i t y and shal l for such purpose be deemed	to

be his p roper ty a n d m a y be so laid in any ind ic tment or informat ion and may be sued for a n d recovered as such in any act ion re la t ing there to and no ind ic tment informat ion act ion or sui t shall be dis­ cont inued by t h e dea th res ignat ion or removal of any c o m m a n d i n g

officer b u t the same may be proceeded	in by t h e succeeding	c o m m a n d i n g
officer.

13 . I f i t shall be the p leasure of H e r Majesty or the Governor

of the Colony to discont inue t he services of any corps of Volun tee r s

whose services shal l have been accepted u n d e r t he provisions of t h i s

Act t he c o m m a n d i n g officer of such corps shal l on such pleasure of H e r said Majesty or of t he said Governor be ing signified to h im forth­ wi th communica te t h e same to t h e several persons enrolled in t he said corps and shall t h e n requi re t h e said several persons to deliver u p t he a rms accou t rements and c lo th ing (if any) which shall have been furnished to t h e m at t h e publ ic expense or at the expense of any such subscr ipt ion as aforesaid and t he r eupon t h e said corps shall be dis­ banded and t h e said a rms accout rements and c lo th ing shall be forth­ wi th delivered u p by the said persons accordingly.