The Defence Act

Feilding Star, Volume VIII, Issue 39, 11 September 1886, Page 3

The Defence Act

For the information of those interested, we publish the f oUowiug clauses i ruin the above Act, which came into force iv September 1, 1886 : — . PENALTIES. Clause 47. — Whenever any person serving iv the Volunteers shall be deemed by the officer commanding the battalion or corps, in which suck person is enrolled, or guilty of the following offices, that is to say — Neglecting or refusing to attend any parade, inspection, or military exercise ; Absenting himself without leave from any parade, inspection, or mili"*^tary exercise, during any part of the "^jime appointed therefor ; Kef using or neglecting to obey any lawful order of his superior officer, ■while going to, present at, or returning from any parade, inspection, or military exercise j Behaving in a disorderly manner or in a manner subversive of good discipline, while going to, present at, or returning from any parade, inspection, or military exercise ; Beiug in a state of intoxication, while going to, present at, or returning from any parade, inspection, or military exercise j Being insolent towards his superior officer, while in the execution of his duty as such officer ; Failing to keep in proper order any arms, accoutrements, ammunition, appointments, or property instructed to him as a Volunteer ; Such person may, if an officer, be ordered under arrest by such commanding officer until his case is enquired into ; and if not an officer may bu ordered into the custody of any momber of the Volunteer Force until tho parade, inspection, or military exercise is over ; and such commanding officer may by writing under his hand order that such person shall pay aurh fine nut exceeding one pound for each offence as such officer may think fit. Clause 48. — Any Volunteer thus summarily dealt with by the commanding officer of his battalion or corps may, at any time within seven days, uotify to such commanding «flicer in writing that he appeals against his decision to the officer commanding the district, and the officer commanding the corps shall thereupon report the case to tho district commanding officer, who shall on the first convenient opportunity enquire into such appeal. If it should appear on enquiry that such Volunteer has been unjustly dealt with, •r that the ofience is not proved or partially proved, the district commanding officer may cancel or reduce such summary sentence, or if the offence be proved may confirm it; but should he be of opinion that such Volunteer has not been adequately punished, or that the appeal is vexatious or frivolous, he may increase the fine, provided such fine increased does not exceed two pounds, or dismiss the offender from the force as provided in section 46. RECOVERY OF FTN'ES. Clause 49. — If any Volunteer upon whom a fine has been inflicted by an on lor as mentioned in section 47. shall not, within seven days after service of a copy of such order upon him, either |if raonaity or by leaving the same at hi* last known abode, pay such fine to tht« «fficer commanding the corps to which he belongs, or to the adjutant of his battalion, or appeal from such order, the commanding officer may transmit a duplicate of ruch order under las hand to the clerk of the nearest Justices' or Resident Magistrate's Oourt, and this Act shall be a Builituent authority to such clerk to im:<»i«i h\w)i order as if the same wore a conviction by Justices under " The Justices of the Peace Act, 1882." Upon such order beiug recorded as aforesaid, it shall have all the force of a conviction made by a Justice of the Peace, and any proceedings may be had thereupon, and warrants issued for the recovery of any fine inflicted as aforesaid, as if it were a penalty for which, a conviction had been obtained. Where an order has been appealed against, as aforesaid, the same proceedings as provided in the case of an original fine may be had for the recovery of any fine as the same may have been confirmed or altered on appeal. QUITTING THE COBPS. Clause 53. — Any Volunteer may, after one year's service, except when on actual military service, quit his corps on complying with the following conditions, viz. : — 1. Giving to the commanding officer of hie corps three months notice in writing, of his intention to quit the corps, such notice to terminate during the months of January, or July in each year. But any volunteer who may desire his discharge, for the purpose of leaving a district or the colony shall be entitled to receive the same upon giving one fortnight's notice, and fulfilling the conditions hereinafter provided. But should any corps be called out for actual service, all persons tk«n on the roll «f the corps ehall be liable to serve whether they shall have given such notice or not ; 2. Delivering up in good order, fair wear and tear only excepted, all arms, clothing, and appointments, being public property or property of this corps, issued to him ; 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 he shall ceaso to be a Volunteer.