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9. No Volunteer who shall, previous to the issue of a summons to levy a fine under the foregoing Regulations, produce to such Officer Commanding as aforesaid a Certificate signed by a duly qualified Medical Practitioner, that such absence was unavoidably caused by illness, or satisfy the Commanding Officer of his illness; and no volunteer who shall be absent, having duly obtained leave of absence from such Officer Commanding as aforesaid, shall be liable to the penalty set forth in the foregoing Regulation.

10. If any Volunteer’s Arms, Uniform, or Accoutrements, shall, in the opinion of the Officer Commanding as aforesaid, be in a defective or dirty state, he shall forfeit and pay any sum not exceeding two shillings and sixpence, to be fixed in manner as aforesaid.

11. If any Arms, Uniform, Accoutrements, or other Government property, shall be lost, destroyed, or injured in any way other than on service, a fine not exceeding the value of the Arms, Uniform, Accoutrements, or other Government property shall be paid by the Volunteer in whose charge they were. Such fine shall be fixed by a Board of Officers appointed for that purpose by the Officer Commanding as aforesaid, upon consideration of the circumstances, and if not paid to them on demand, may be recovered in manner hereafter mentioned.

12. If any Volunteer shall not deliver to the Officer Commanding as aforesaid, the Arms, Uniform, Accoutrements, and other Government property entrusted to him as a Volunteer, within three days after an order to that effect shall have been given to him, written or verbal, by or by the authority of the Officer Commanding as aforesaid, he shall be liable to a penalty of Twenty Pounds.

13. All Commissioned Officers shall be appointed by the Governor, and names for that purpose shall, except as respects Staff and Field officers, be submitted to him (through the Officer commanding as aforesaid) for his approval by the Troop or Company to which they are proposed to be appointed. No Commissions will be issued (unless to officers who have held Commissions in the regular service) until the candidates are found fit after examination.

14. All Non-Commissioned Officers shall be nominated by the Captain of the Troop or Company to which they are to be appointed, and shall be examined by the senior officer of such Troop or Company, and if passed as competent shall be appointed by the Officer Commanding as aforesaid.

15. All Volunteers shall be subject to the provisions contained in the following sections of the “Militia Act, 1858,” viz:—1, 3, 5, 6, 7, 9, 10, 19, 20, 22, and 24, and in the following sections of the “Militia Act Amendment Act, 1860,” viz:—10, 11, 13, 14, and 16, and in the 6th, 7th, and 8th sections of the “Militia Acts Amendment Act, 1862.”

16. General parades of all the Volunteers in each District shall be held on a day in each quarter to be fixed by the Governor.

17. Each Volunteer, after four years service as such, shall be at all times thereafter exempt from attendance for training and exercise in the Militia. The period of service of Volunteers under any former regulations shall be allowed to reckon: Provided that such former Volunteer shall again volunteer and be enrolled before the first day of July next.

18. Every Volunteer shall take the following oath to be administered to him by the Commanding Officer of the body of Volunteers in which he intends to serve, or by the Adjutant of Militia or Volunteers:—

I 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 ... until I shall be lawfully discharged.

19. The Officer Commanding may at any time dismiss any Volunteer by order in writing or parol, and from the time of such order such person shall cease to be a Volunteer.

20. No Volunteer shall be entitled to receive any Government prize who shall not have been a Volunteer at least three months before, and up to the first day fixed for the firing for such prize.

21. In the construction of these regulations the phrase “Officer Commanding” or “Commanding Officer” shall, in the case of his absence from the District or incapacity to act by reason of illness or any other cause, which absence need not be proved in any judicial proceeding, mean the officer of the same body of Volunteers next in seniority.

22. All fines and penalties imposed by these regulations or any parts of Acts incorporated therewith, or fixed by any person or body under authority of these regulations, shall be recoverable in a summary way before any Justice of the Peace, on behalf of the Government, by any officer of the body of Volunteers to which the person offending may belong: Provided that in any case where a fine shall have been fixed as aforesaid, such fine with the costs shall be levied and collected by the Justice without further evidence in relation thereto than that such fine was fixed and imposed upon the person summoned by the Officer Commanding or other person or body authorized by these regulations.

F. D. Fenton,
Acting Clerk of the Executive Council.

CLAUSES OF ACTS EMBODIED IN THE REGULATIONS.

MILITIA ACT, 1858.

Power to Governor to call together Militia.

I. It shall be lawful for the Governor to call together, arm, and array as a militia such persons as are hereinafter 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 meet.

And Appoint Officers.

III. It shall also be lawful 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.

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