161
THE NEW ZEALAND GAZETTE.
exercised accordingly, at such times and places as shall
seem meet.

And Appoint Officers.

III. It shall also be lawful for the Governor to ap-
point 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.

And to Regulate the Formation of Regiments, &c.

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.

And to make Regulations for Training &c.

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, cloth-
ing and equipment, pay, rations and lodging of such
Militia, or any part thereof, and respecting all other
matters connected therewith which may be required for
promoting the efficiency of 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.

And to call Militia or any part thereof into Actual Service.

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 under his hand appoint as his deputy
for that purpose, to direct the Officer commanding the
Militia of any district with all convenient speed to
draw out for Actual Service such Militia Force, or
such part or number thereof as the Governor or such
deputy shall judge necessary, and in such manner as
shall to him seem best adapted to the circumstances of
the danger, and to lead the 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, in 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 bound-
aries of such district, except only such as shall
volunteer for service out of the same.

Militiamen if seriously wounded entitled to pension.

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 will admit in accordance
with the Regulations in force in respect of the Queen's
Regular Troops, and of a similar amount.

Notice to be given to Militiamen when called into
Actual Service.

XVIII. When the whole or any part of such
Militia shall be ordered out into Actual Service as
aforesaid, the person to whom such order shall be
directed shall forthwith cause notice in writing to be
given to the several Militiaman, or left at their usual
places of abode, to attend at the time and place
mentioned in such Order.

Penalty for not joining.

XIX. If any Militiaman so directed to be drawn out
(not labouring under any infirmity incapacitating him
to serve as a Militiaman), shall not appear and march
in pursuance of such direction, every such Militiaman
shall be liable to be apprehended and punished as a
deserter according to the provisions of any Act then in
force for punishing mutiny and desertion, and for the
better payment of the army and their quarters, and of
the articles of war made in pursuance of the same.

Penalty for concealing Militiaman.

XX. If any person knowingly shall harbour or
conceal any such Militiaman when directed so to be
drawn out, he shall for every such offence forfeit and

pay any sum not exceeding twenty pounds, to be
recovered in a summary way.

Penalty for selling or receiving Arms, &c.

XXII. If any Militiaman shall sell, pawn, or lose
any of his arms, clothes, accoutrements, or ammuni-
tion, or neglect or refuse to return the same in good
order to his Captain, or to the person appointed to
receive the same : Or if any person shall knowingly
and wilfully buy, take in exchange, conceal, or other-
wise receive any Militia arms, clothes, accoutrements, or
ammunition whatever, every such offender shall forfeit
and pay for every such offence any sum not exceeding
£10, to be recovered in a summary way.

Volunteers may be enrolled.

XXIV. And whereas it is expedient to encourage
the enrolment of Volunteers for Military or Naval
Service in the Colony: Be it therefore further en-
acted that it shall be lawful for the Governor in Council
from time to time to make, vary, and abolish Regula-
tions under which the Service of Volunteers shall be
accepted in any Militia district, and 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 Regulations, and to
none other of such provisions, and all such Regulations
shall have the same force and effect as though they had
been embodied in and formed part of this Act: Pro-
vided always that whenever the whole of the Militia of
any district is drawn out for Actual Service, the Volun-
teers in such district shall always be liable to serve,
either as a body, or such of them as are on the 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.

MILITIA ACT AMENDMENT ACT 1860.

Section 23 of Militia Act, 1858, repealed.

X. Section 23 of the said Act is hereby repealed,
and in lieu thereof be it enacted that,-

Mutiny Act and Articles of War in force on Actual
Service.

During the time that any such Militia shall be on
actual service, all things contained in any Act of
Parliament which shall 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-commissioned Officers, Drummers, and Privates
of the same in all cases whatsoever.

Offences while on training and excercise.

XI. Every commissioned Officer, non-commissioned
Officer, or Man, who shall commit any one of the
offences following shall, on being convicted thereof, pay
a penalty not exceeding £5, viz:-

(1.) Who, while being trained and excercised,
shall refuse or neglect to obey any lawful
order of his superior Officer.
(2.) Who shall be guilty of any insolent or dis-
orderly behaviour towards such Officer,
when the latter shall be in the execution of
his duty.
(3.) Who shall fail to keep any arms or accoutre-
ments entrusted to him in proper order.

Volunteers not liable to serve on juries.

XIII. And be 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.

Companies of Volunteers may recommend Officers.

XIV. 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.