FEB. 8.] THE NEW ZEALAND GAZETTE. 423

198. (1.) Any Volunteer thus summarily dealt with by the commanding officer of his unit or company may, at any time within seven days after the service of a copy of such order on him, notify to such O.C. in writing that he appeals against his decision to the O.C. the District, and the O.C. such unit or company shall thereupon report the case to the O.C. the District, who shall on the first convenient opportunity inquire into such appeal.

(2.) If it should appear on inquiry that such Volunteer has been unjustly dealt with, or that the offence is not proved or only partially proved, the O.C. the District 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 frivolous or vexatious, he may increase the fine, provided such fine, when increased, does not exceed £2, or dismiss the offender from the Force, as provided in Regulation 194, but subject to the provision of Regulation 196.

199. If any Volunteer upon whom a fine has been inflicted by an order as aforesaid does not, within seven days after service of a copy of such order upon him, either personally or by leaving the same at his last known abode, pay such fine to the O.C. the company or unit to which he belongs, or appeal from such order, such O.C. may, within three months of such offence, transmit a duplicate of such order under his hand to the Clerk of the nearest Justice’s or Stipendiary Magistrate’s Court, and the Defence Act shall be a sufficient authority to such Clerk to record such order as if the same were a conviction by Justices under “The Justices of the Peace Act, 1882.” All fines inflicted by the O.C. battalion shall be credited to battalion funds.

200. Upon any such order being 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.

201. 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.

202. Any officer reported as aforesaid shall be deemed to be under arrest until the decision of the Governor upon the Court of inquiry is made known.

203. If any officer of Volunteers or Volunteer fails to appear at the annual inspection parade of the Commandant or other officer appointed to hold such annual inspection, without reasonable excuse, the Commandant or O.C. of his company or the district shall order him to pay a fine, if an officer, of not exceeding £5; and if a Volunteer, of not exceeding £1; and if such fine be not paid within seven days after a copy of such order shall be served upon him in the manner hereinbefore mentioned, such fine may be recovered, as provided in Regulations 199 to 201.

COURTS OF INQUIRY.

204. The Commander-in-Chief, the Minister, the Commandant, and any officer commanding a district may summon commissioned 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.