Untitled

Colonist, Volume IV, Issue 351, 5 March 1861, Page 2

As there is some probability that the Militia will be ' called out' alter the new enrollment, at least that portion of it falling under the First Class, we give below the Militia Act as amended in the last session of the General Assembly. THE MILITIA. An Act to amend the « Militia Act, 1858.' Whereas it is expedient to amend the Militia Act 1858: Be it therefore enacted by the General Assembly of New Zealand, in Parliament assembled, and by the authority of the same, as follows :—- ---1. The short title of this act shall be * The Militia Act Amendment Act 1860.' 2. Regulations to be made by the Governor, under section 5 of the said act, shall contain provisions as follows, or to the like effect, that is to say— Every militia district shall be divided into so many divisions as the Governor shall think fit, and the militiamen resident in such division shall be formed into a battalion or company. Ench battalion or company shall be divided into three classes: the first class shall consist of all unmarried men and all widowers without children, between the ages of 16 years and 40 years, both inclusive, who shall be called first class service men; the second class shall consist of all married men and widowers with children, between the same ages, who shall be called second class service men ; and tho third clasg shall consist of all men between the ages of 40 years and 55 years, who shall be called the reserve men.

3. Section Bof the said Militia Act 1858 is hereby repealed, and in lieu thereof, be it enacted that—

Whenever the Governor or his deputy shall think fit to draw out a portion only of the militia of any division of a militia district, the men to be first taken shall be volunteers from the whole militia nxen> *M' fa wStafott mjsm fa »°A

volunteer, then the first class service men ; and_ if they be not sufnci3nt,~then the second class !servicef men; and if thejrbe not sufficient, then the reserve men shall be taken. 4. If all the men of any class be uot required, the men to be drawn out shall be taken fcjr ballot, according to such rales as the Governor shall from time to time make for that purpose. 5. When any man so drawn by ballot shall produce for his substitute a man who shall be approved of as fit and able to serve by the commanding officer of the battalion or company, such person shall be accepted accordingly. And the balloted man for whom such substitute shall be so accepted shall be exempt from service for one year, unless the whole of the militia of that class to which he. belongs be drawn out for actual service during such year, and such substitute shall serve as if he had been himself balloted or chosen. 6. Section 10 of the Militia Act 1858 is hereby repealed, and in lieu thereof: Be it enacted that every man except as hereinafter excepted between the ages of. 16 years and 55 years, being a British subject and not an aboriginal native, who shall reside within the colony shall be liable to serve in the militia; provided that the Judges of the Supreme Court the Executive Council of the Colony, Members' of the General Assembly, of Provinces, Members of the Provincial 'Councils during session, Clergymen, Priests, Ministers of .Religion, Catechists, and also persons afflicted with lunacy or unsoundness of mind, deafness, blindness, or with any. other disease or infirmity that may render, them unfit for service (such disease or infirmity being duly certified by a medical practitioner^ppointed by the ' Governor) shall be exempt from serving on such militia.

7. Sections 11,12,13, and 14 of the said Militia Act are hereby repealed, and in lieu thereof-— Be it enacted that the senior officer of every battalion or company, or anyother commissioned officer appointed by him, shall enrol all the men liable to serve therein, and any man who shall not within three months after his "becoming liable to serve, give in his name, age, and place of residence, to such officer in order to be enrolled, shall forfeit any sum not exceeding £5.

8. Any man liable to serve or actually serving, who may desire to remove without the limits of the division in which he resides, shall have the liberty of so removing, provided that he shall within one month thereafter give in his name, age, and place of residence to the enrolling officer of the division into which he shall have removed, for the purpose of being enrolled therein, and in default of his so doing shall forfeit any sum not exceeding £5.: ■ -. - x , ■ . s 9. If any difference shall arise between the enrolling officer and any-man as to his liability to serve, or as to the class to which he should belong, it shall be competent for the officer to require him to make a declaration in the matter _in depute before a magistrate. 10. Section 23 of the said act is hereby repealedj and in lieu thereof-— Be it enacted that during the time that any such,, militia shall be on actual service, all things contained in any Act of Parliament which shall then be in force for punishing mutiny and desertion, , and for the better payment of the army and their quarters, and in the Articles of War made in pursuance of such act shall be in force with respect to such militia, and to all the officers, non-commis-sioned officers, drummers, and privates of the same in all cases whatsoever. , 11. Every commissioned officer, non-commis-sioned officer, or man who shall commit any one of the offences following shall, on being convicted thereof, pay a penalty not exceeding £5, viz.— .' a. Who, while being trained and exercised, shall refuse or neglect to obey any lawful .. order of his superior officer. b. Who shall be guilty of any-insolent or disorderly behaviour towards such officer, when the latter shall be in the execution of his duty. c. \Vho shall fail to keep any arms or ac--1 coutrerrients entrusted to him in proper order. | 12. Provided always that it shall be lawful for the commanding officer of the battalion to which any such offender may belong to impose any such fine if such offender shall consent to such officer instead of a justice of the peace, adjudicating on the offence, and such fine may be enforced in the [ same manner as a fine imposed by a justice of the peace.M; 13. And be it further enacted that every volunteer enrolled under this act, or the Militia Act 1858, or any regulations made in pursuance thereof, shall, during such time as he shall be liable to serve as such volunteer, be exempt from serving on juries if he shall plead such exemption either in court or at the time of, receiving a summons to attend on a jury.

14. It shall be lawful for the majority of any company of volunteers from time to time to recommend to the Governor persons to be appointed officers in such company.

15. The members of any company of volunteer firemen embodied with the .approval of the Governor for the purpose, shall be exempted from serving in the militia.

16. No militia district hereafter to be declared shall exceed thirty miles in its greatest diameter. .

. > 17. Provided always that nothing in this act contained shall apply to any battalion or company of militia enrolled under the said Militia Act 1858, until the Governor shall by warrant under his hand have declared the same to be applicable, and such warrant shall have been published in a newspaper circulating in the militia district to which B uch company belongs.

18. All fines and penalties imposed by this act shall be recoverable in a summary way before any justice of the peace. ,