JUNE 1.] THE NEW ZEALAND GAZETTE. 12

officers of the Defence Forces under their command to form a Court of inquiry, which Court shall consist of not less than three such officers, of whom the senior officer present shall be the President, to examine into the truth of any charge or complaint preferred against any officer, non-commissioned officer, or any other member of the Defence Forces:

Provided that no officer of the Militia or Volunteers, except those on the Permanent Staff, shall sit on a Court of inquiry dealing with a charge or complaint relating solely to the Permanent Militia, and no Volunteer officer shall sit on a Court dealing with a charge or complaint relating solely to the Militia.

205. A Court of inquiry shall be summoned by delivering to each member thereof a summons in the form following:—

I, A. B. [Rank of officer convening the Court], do hereby summon you, C. D., in terms of section nineteen of “The Defence Act Amendment Act, 1900,” to attend at , at the hour of o’clock in the noon, on the day of , 19 , to examine into the truth of certain charges to be preferred against E. F., of the .

(Signed) A. B.

206. A Court of inquiry may be reassembled as often as the convening authority may deem necessary, and on every occasion of its meeting it is competent to receive and record new evidence.

207. If any officer of the Defence Forces summoned as aforesaid refuses or neglects to attend at such time and place as may be named in such summons for the meeting of the Court, he shall render himself liable to have his commission cancelled; subject, however, as follows:—

(a.) Every member of the Court appointed to inquire into the conduct of an officer of the Defence Forces shall be of equal or superior rank to the officer whose conduct is to be inquired into, and one member, at least, shall be of superior rank.

(b.) Every summons shall be delivered personally to the officer summoned at least twenty-four hours before the time appointed for the meeting of the Court.

(c.) No officer shall be compelled to attend as a member of any Court when the place of meeting is distant more than twenty miles from his usual place of residence.

(d.) No officer who has conducted or held a preliminary inquiry as to any charge or complaint preferred against any officer, N.C.O., or member of the Defence Forces shall sit as President or member of a Court of inquiry into the same charge or complaint.

208. The officer, N.C.O., or other member of the Defence Forces against whom any charge is preferred shall be entitled to have a written copy of the charge delivered to him at least twenty-four hours before the inquiry is held; and the convening officer is responsible that this is done.

209. The accused member shall not be allowed to be assisted by a barrister or solicitor during the inquiry, but may call witnesses, whose evidence, with any statement he may himself desire to make, shall be forwarded with the proceedings.

210. All Courts of inquiry shall have power and authority, and are hereby required, to administer an oath or affirmation to every witness or other person examined before such Court in any matter relating to any proceeding before the same.

211. All persons who may be required to give or produce evidence before such Court, and whether required on behalf of the prosecution or of the person charged, shall be summoned by the convening officer.

212. Any person so duly summoned who does not attend such Court, or refuses to be sworn or affirmed, or to give evidence, or to answer all such questions as the Court may legally demand of him, shall be liable to the same pains and penalties as if such person had, after being duly summoned or subpoenaed, neglected to attend on a trial in any proceeding before a Magistrate or two or more Justices of the Peace.

213. Any person who wilfully gives false evidence before any such Court shall be guilty of perjury, and may be dealt with, prosecuted, and punished accordingly.

214. The President and members of the Court shall be in uniform, and shall on assembling make a declaration upon honour,

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