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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, clothing 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 any wise 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 boundaries 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 militiamen, 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 beyond of the articles of war made in pursuance of the same.

Penalty for Concealing Militiamen.

XX. If any person knowingly shall harbour or conceal any such militiaman, when directed so to be drawn out, 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 ammunition, 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 otherwise receive any militia arms, clothes, accoutrements, or ammunition whatsoever, 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 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, 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: 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 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, 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 then 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 Acts 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 exercise.

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 exercised, shall refuse or neglect to obey any lawful order of his superior Officer.

(2.) Who shall be guilty of any insolent or disorderly behaviour towards such Officer, when the latter shall be in the execution of his duty.

(3.) Who shall fail to keep any arms or accoutrements intrusted to him in proper order.

Volunteers not liable to serve on juries.

XIII. And be it 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 any jury.