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Daily Telegraph (Napier), Issue 5976, 31 October 1890, Page 2

Our morning contemporary is entirelyerroneous in supposing that it is " commanding officer who issues ft _ distress warrant authorifing the seizure of property to the value of the fine and other expenses." A Justice or Magistrate issues the warrant, and the courso of procedure is this. If a Volunteer has been fined he receives a notice to that effect, and if within seven days after receipt of such intimation ho does not pay the fine or appeal against it to the officer in command, the duplicate of the order is transmitted by the officer who has fined the volunteer to the clerk of the Magistrate's Court, and it is entered up in the same way as if it were a conviction and the case had been beard. Failing tho recovery of tho amount, a Justice issues a distress warrant, and in default commitment to prison. As the sections of the Act of 1886 regarding tho penalties on Volunteers do not appear to be clearly understood, we givo them aB follows :—Whenever any person serving in the Volunteers shall bo deemed by the officer commanding the battalion or corps in which suoh person is enrolled or servinsr, truilty of auy of the offences following, that is to say, neglecting or refusing to attend any parade, inspection, ormilitary exercise ; absenting himself without leaTofrom any parade, inspection, or military exercise during any part of the timo appointed therefor ; refusing or neglectinir to obey any lawful order of his superior officer while going to, present at, or returning from, any parade, inspection, or military exercise; behaving in a disorderly manner or in a manner subversive to good discipline ; being in a state of intoxication ; beinir insolent towards his superior officer while ia the execution of his duty as such officer ; failing to keep iv proper order any arms, accoutrements, or ammunition, appointments, or property entrusted to him as a volunteer —such person may, if an officer, bo ordered under arrest by such Commanding Officer until his case is enquired into ; and if not an officer may be ordered into tho custody of any member of the Volunteer force until tho parade is over; and that such Commanding Officer may by writing under hi-* hand order that such person shall pay a fine not exceeding one pound for each offence as such officer thinks fit. Any Volunteer thus summarily dealt with by the Commanding Officer of his battalion or corps may at any time within seven days notify to such Commanding Officer in writing that he appeals against hie decision to the officer commanding the district, and the officer commanding the corps shall thereupon report the case to the district commanding officer, who shall on the first convenient opportunity enquire into euoh appeal. Subsequent sectionempower the commanding officer to cancel or reduce such summary sentence, shou'd the offence not bo proved, and if the appeal be thought friviloui. he may increase tho fine to two pounds or dismiss the offender from the force. ,If such an order—if fines are not paid—is entered up, tho Act shall bo a sufficient authority for the Clerk of the Court to

record tho order as if it were a conviction

by Justices undor the Justioes of the Peace Act, 1882. Where an ordor has been ap-

pealed against the same proceedings as provided in tho case of an original fine may be

had for the recovery of any fine, as the samo may have been confirmed or altered on appeal The two men who have been sent to prison have no doubt been very hardly dealt with, and wo should liko to see a thorough investigation of the whole matter.