MILITIA ACT, 1858.

Wanganui Chronicle, Volume 4, Issue 200, 19 July 1860, Page 4

MILITIA ACT, 1858.

As it is probable the Militia wlll'be called out soon, we give below a Copy of the Act. Volunteers are subject to the provisions contained iu the following sections of this Act — namely Sections 1,3, 6, .7, 9, 18, 19, 20, 21, (except the proviso thereto) 22, 23 and 24.

An Act for raising a Militia within theCalong

Whereas it is expedient that the European population of New Zealand should be trained to the use of arms so as to form an effective Military Force, for the defence of the lives and property of Her Majesty’s subjects within the Colony: Be- it therefore enacted • by the General Assembly of New Zealand, in Parliament assembled, and by the authority of the same, as follows: I. It shall be lawful for the Governor to call together, arm, and array as a Militia such persons as are hereiuafter mentioned, and, subject to the provisions hereinafter contained, to cause them to be trained and exercised accordingly, at such times and places as shall seem fit. ■ 11. It shall also be lawful for the Governor in Council from time to time to constitute throughout the ColonyVor in any pait thereof, Militia Districts, and such Districts from time to time to abolish and the boundaries thereof to vary, and to designate the Militia of any such District by the name of a Regiment, Battalion, Corps or Company, as he shall think-fit. 111. It shall also be law'ful for the Governor to appoint a proper number of Officers to train, discipline, and - command every Regiment, Battalion, or other body according to the Regulations to be from time to time made in that behalf. , IV. It shall also be lawful for the Governor to appoint a permanent Rtaff in such said Districts as he shall think fit consisting of not more than the following persons, viz. one Adjutant, one Sergeant, one Corporal, and one Bugler or Drummer, who shall be paid out of such sums, as shall from time to time be appropriated by the General Assembly for that purpose, after the following rate, viz.:—

Each Adjutant not exceeding Bs. a-day. Each Sergeant, not exceeding 4s. a-day. Each Corporal, not exceeding 3s. a-day. Each Bugler or Drummer, not exceeding 2s. 6d. a-day. V. It shall also be lawful for the Governor to cause the Militia of every district to be formed and regulated as to Regiments, Battalions, Corps and Companies, in such manner as to His Excellency shall seem meet. VI. It shall also be lawful for the Governor from time to time to make such Regulations respecting the training and exercise, arms and; accoutrements, clothing and equipment, pay,: rations and lodging of such Militia, or any | part thereof, and' respecting all other mattersj connected therewith which may be required for promoting the, efficiency of l such Militia as. a Military Force: Provided always, that the Regulations so to be made shall not in anywise be repugnant to the provisions of this Act.

VII. In all cases of actual Invasion, or upon imminent danger thereof, and in all cases' of Rebellion or Insurrection, or upon any imminent danger to the safety of any part of the Colony it shall be lawful for the Governor,

or such person as he shall from time to time by warrant iunder his.hand appoint as his deputy for that? purpose, to direct;the; officer commanding; the Militia of any district with alt convenient speed to draw out for actual service such Militia Force, or such part or number thereof' as the Governor or such de-puty-shall'judge necessary* and in such manner as to . him shall seem best adapted to the circumstances; of the danger, and to lead said Forces into; any part: of the district in which such Militia shall,have been raised, and such Militia shall continue on . actual service so long as, fin the opinion of the Governor* the danger shall render their services necessary : Provided always, - that neither the whole, nor any part of the 'Militia to be raised in any district, shall on! any account be carried or ordered to go : beyond the boundaries-of such district, except : only such; as shall volunteer for service out of the same.

VIII. When the Governor, or his deputy as aforesaid, shall think fit to draw out a portion only of the Militia of any district the persons to. be so drawn out shall be chosen by ballot according to such Rules as the Governor shall from time to time make for that purpose: : Provided always that when any person so chosen 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 Regimont, Corps or Company, of the District in which he shall propose to serve, such; substitute shall be accepted instead of the ballotted person; and any ballotted person for whom such substitute shall be so produced, approved, and accepted, shall be exempt from service for one year unless the Whole ;of the Militia'of the district shall be drawn out for Actual Service during such year, and such substitute shall serve as if he had himself beenballotted or chosen.

IX. Every Militiaman who shall be so seriously wounded or otherwise injured, when on Actual Service, as to afterwards impede his obtaining a livelihood, shall be entitled to a pension so long as he shall be so disabled, according to such Regulations as the Governor in Council: shall from time to time make in that behalf,' as nearly as the circumstances w ill admit in accordance with the Regulations in force in respect of the Queen’s Regular Troops, and cf a similar amount. X. Every man . except as hereinafter excepted, between the ages of eighteen years and sixty years,' being a British subject, and not aboriginal native, who shall reside within the Colony, shall be -liable to serve in such Militia: Provided that, -the Judges of the Supremo Court, Members of the Executive Council of the Colony, Members of the General Assembly, Superintendents of Provinces. Members of Provincial Councils during Session, Clergymen, Priests, Ministers of Religion, and Catechists, shall be exempt from serving in any Militia. XI. A Justice of the Peace to be appointed in every Militia district by the Governor shall, in the month of March in every year, call a Special Meeting of the Justices; of the Peace residing in such district for the purpose of forming a Militia List, and the Justices at suoh Meeting, or at any adjournment thereof, (any two being a quorum), shall prepare a Ir'st, in alphabetical order, of all men residing within such district who shall be liable under the provisions of this Act, to serve as a Militiaman, setting’”fortk the Christian and Surname of each at full length, together with his place of abode, calling, or business. The Justice, so appointed as aforesaid shall forthwith cause Copies thereof to be affixed on such conspicuous places throughout the District as to him shall seem meet ; and to such List and Copies thereof shall subjoin a notice that all objections thereto will be heard and determined by such Justices at any time within te n days after date of such Notice; provided that it shall be lawful for the Governor from time to time by notice published in the New Zealand Government Gazette to vary the months appointed for the preparation of such lists. XII. Such Justices shall have power, after hearing such objections, to strike out of the said List the names of all persons who shall not be liable to serve as Militiamen, and also of such as are afflicted by lunacy or unsoundness of mind, or deafness, blindness, lameness, or any other disorder that may render them unfit for Active : Service in any suoh Militia; and also during such ten days to add such names as may be found to have been, accidentally or improperly omitted. XIII. A copy of the List so corrected by the said Justices shall be .transmitted by them forthwith to such person as the Governor shall from time to time appoint to receive the same.

XIV. Until the formation of Militia Lists under this Act, all persons on the existing Militia Lists shall be deemed liable to serve as Militiamen under the provisions of this Act.

XV. Notice of the times and places for training and. exercise, to be from time to time fixed by the Governor, or by. such person as he may from time to * time. appoint for that purpose, shall be posted in such conspicuous places within the District, fourteen days at least before the time be so appointed as aforesaid, which shall' be deemed sufficient notice to every Militiaman; and all such Militiamen shall duly attend accordingly: Provided j always that it shall be lawful for the Gover|uor, or such person as he shall appoint as his deputy for that purpose rom time to time to call out the whole, or any part, or number, of any Regiment, Battalion, Corps, or Company,.as. he shall think fit: Provided also, that no Militiaman shall be compelled to attend for training. and. exercise more; than onehundred and sixty-eight hours in any one year. 1 XVI. Every Militiaman (not labouring under any incapacitating him) who

shall not appear at the time and place appointed for his being trained ■ and exercised, (notice having beenu given as by this' Act required,) shall forfeit-and pay any sum ■ not exceeding twenty pounds, to be recovered in a summary way. ; , • . XVII. Every- Militiaman • who, ’ having joined the Regiment, Battalion, Corps', or Company, to which die may- belong, ’ shall desert; or > absent himself during any part of the - time appointed ’ for ! any ;< puch exercise, shall forfeit and pay any sum riot' exceeding twenty pounds,’ to be 'recovered in a sumhlary way. •'

XVIII. When the whole or any part of such Militia' shall be ordered out into Actual Service as aforesaid;- the person to whom such ordershall be directed shall forthwith cause notice in writing to be given to the several Militiairieri, or left at their usual places of abode, to attend at the time and place mentioned! in such Order. XIX. If any Militiaman ■ so ‘ directed be drawn out (not labouring under any incapacitatirg him to serve as a Militiaman), shall not appear and march in pursuance of such direction, every such Militiaman shall be liable te be apprehended sand punished as a Deserter according to'the provision of any Act then in force for punishing Mutiny and Desertion,’ arid for the better payment of the Army'and their Quarters, and of the Articles of War made in pursuance of the same. XX. If any person knowingly shall harbour or conceal any such Militiaman when directed to be so drawn out, he shall for every such offence forfeit any sum not exceeding twenty pounds, to be recovered iri a; summary way. XXI. Every Militiaman who shall, appear at the time arid place appointed for exercise, shall take an oath, in the form following, viz.':—; ' ” ■' ; I, A. B, do sincerely promise and swear that I will be faithful and bear true Allegiance to Her Majesty Queen Victoria, and- that I will faithfully serve in the Militia until I shall be lawfully dischar- ■ ; ged* " ,', : y ; / and shall thereupon be enrolled. The said Oath shall be taken in the presence of ; the Seriior Officer of Militia then present, who is hereby authorised- and required to administer the same :—Provided Jhat if • any Militiaman shall refuse to take such Oath, he shall forfeit and pay any sum not exceeding twenty pounds, to be recovered in a summary .way. XXII. If any Militiaman shall sell, pawn or lose any of his arms, clothes, ~ accoutrements, or ammunition,; or. neglect or refuse to return the same in good order, to his Oaptain, or to the person appointed to receive the same; or if any person shall knowingly and wilfully buy, take in exchange,, conceal, or otherwise receive any Militia arms, clothes, accoutrements, or ammunition whatever, every such offender shall forfeit and pay for every such offence any sum not exceeding <£lo, to be recovered in a summary way. XXIII. -During the time that, any such Militia shall be assembled for the: purpose of being trained and exercised, or for Actual Service, all things contained in any Act of Parliament which shall then be in force for punishing and Desertion, ‘ and for. the better payment of the Army and their Quarters, and in the Articles of War made in pursuance of such Acj, shall be in force, with respect to such Militia, and to all-the Officers, noncommissioned Officers, Drummers, and Privates of the same in all cases whatsoever.

XXIV. : And whereas it is expedient, to encourage .the enrolment of Volunteers for Military or Naval Service in the Colony : Be it therefore enacted that it shall be lawful for the Governor in Council from time to time to make,vary and abolish Regulations under which the Service of Volunteers shall be ; accepted in any Militia district, arid whenever any Volunteers shall be enrolled under such Regulations they shall be subject to such of the provisions of this Act as shall be specified, in such Regu-. lations, arid to none other of such provisions, and all such Regulations shall have the same force and effect as though they liad been embodied in and formed part of this Act: Provided always that whenever. the, whole of the Militia of any district is drawn out for Actual Service, the Volunteers in such district shall always be liable to serve, either as a body, or such of them as shall be on thri Militia Roll as part of the Regular Militia; and, that whenever a part or certain number only, of the Militia of any district is chosen by ballot for actual service/any Volunteers being on the -Militia Roll shall be liable to such ballot, and if chosen to serve accordingly., unless they , shall be or shall consent to go, if required, on actual service as-volunteers. s .

XXV. An Ordinance enacted by the Govnor and Legislative Council of New Zealand in the year 1845, intituled “An Ordinance for raising a Militia within the Colony,” shall be repealed, so far as relates to the forming of a Militia Rollj on ! the passing of this Act, and so far as regards'the other provisions of the said Ordinance, on the Ist. day of November, 1858. XXVI. The short title of this Act shall be “ TheWilitia Act'lßsß.” •