NATIONAL DEFENCE

Evening Post, Volume LXXXIV, Issue 88, 10 October 1912, Page 2

NATIONAL DEFENCE

A LARGE AMENDING BILL ( MILITARY CUSTODY. STRINGENT ATTACHMENT ORDERS. A Bill of fifty-six sections, amending the Defence Act, was introduced by j Governor's Message late last night, and read a first time. Important alterations are proposed, especially in relation to military, custody, attachment otdert, "conecientioiM objectors," and deprivation of civil rights in the case oi certain offenders. .IMPRISONMENT COMMUTED. Persons who fail to pay fines under the principal Act may be committed by a Magistrate or Justice of th« Peace to military custody for a period not exceeding twenty-eight days, and the Commandant of the Defence Forces is empowered to discharge any person so detained. Also, such a person may be released temporarily for any period not exceeding forty-eight hours .at any one time, "to follow his usual occupation, or for other just or necessary purpose," and this time off is to count as part of the period of detention. Every person who escapes from custody is, liable to be sentenced to a further"" term of twenty-eight days. Persons in custody are to be subject to military training, discipline, and duties, 'at the discretion of the Commandant, and refusal to obey will make the offender liable to an extra term of twenty-eight days on conviction by a Magistrate. The fact of arrest ,in respect of default in the payment of a fine or costs discharges the liability, but payment of the money may reduce the t«rm of detention, at the discretion of the Commandant. This part of the Bill concludes with section 10: —•"Nothing in this Art shall be so construed as to prevent any fin© from being recovered or enforced in any manner which would have been competent or lawful if this Act was not in force." A LIEN ON WAGES. Section 11 enables the authorities to .take toll of the wages of recalcitrants, thus : — "When any person is convicted after the commencement of this Act of any offence against the principal Act or any amendment thereof, or against any regulation made thereunder (whether such offence is committed before or .after the, commencement of this Act) and 16 sentenced to pay a fine, the con vtcting Magistrate or Justice or any other Magistrate may at the same or any subsequent time, and from time to time, on the application of any person, make^ an attachment-order in pursuance of this section." An obligation is placed on employers to make the payment* ordered by the Court, and the charge created by the attachment order is to prevail over any assignment made or charge created by the offender. Section 27 of the Wages Protection and Contractors' Liena Act, . 1908, is to have no application to an attachment under the Defence Act < The definition of defence force w widened by including the permanent staff, and certain other officers not previously included are brought within the scope of the Act. The, term military orders is made to embrace orders issued by the commandant of the Defence Forces or any officer oi the Force with the authority of the commandant. In regard to training the definition of school is confined to institutions under' the control of an education board, but in the case of a district high school includes the primary department of auch school only. > Section, 13 gives the Governor power to make regulations in regard to the organisation, etc., of the Senior Cadets, the prescribing of fines not exceeding £10 for breaches of regulations by the different branches of the Force and empowering officers of the Force to impose fines not exceeding £2 for breaches of regulations. OATH OF ALLEGIANCE. The former oath of allegiance unde"r the Act is repealed and it is now provided that "every person on becoming a member of the Senior Cadets or the Defence Forces, or as soon thereafter as may be, shall take the oath of allegiance before- a justice of the peace or a prescribed officer in the following form — "I (blank), do sincerely promise and swear that I will be faithful and' bear true allegiance to our Sovereign Lord the King, his heirs and successors, and that I will ( faithfully serve in the New Zealand Military Forces, according to my liability under the Defence Act, and that .1 will observe and obey all orders of His Majesty, his heirs and successors, and of the generals and officers set over me, until I shall be lawfully discharged, so help me God !" The constitution of the Force is now limited to "thirty thousand men, or such smaller number of men as the Governor may from time to time deem sufficient." Section 18 of the Bill provides that every member of the Territorial Force who became such by virtue of Section 20 of the principal Act (relating to the Volunteer Force) and who had attained the age of twenty-one years before 2nd November, .1010, shall be entitled on application made by~him at any time to the commandant oi the Defence Forces to be transferred from the Territorial Force to the Reserve. Every member of the Territorial Force who became on the commencement of the principal Act or has since become hable to be trained in the general training section, shall be deemed to have been lawfully transferred from the general training section to the , Territorial Force within the meaning and for the 'purposes of the principal Act and its amendments. Junior Cadets and Scouts are to be lwnoved from the military training scheme. FAILING TO REGISTER. The punishment for failing to register or for neglect to render personal service 18 , lt ,P rreM I t a fine not exceeding £5 and distjttalification from enrolment as an elector. The Bill proposes that in the case of either of these offenders the convicting Court may, in addition to imposing a fine np to the present maximum, deprive the offender of civil rights for any period not exceeding ten years. The deprivation of civil rights will include disqualification for appointment to « j . c Se rvice > erasure of the offenders name from any electoral roll in which rt appears, and disqualification for registration on any electoral roll. The offender will still be under obligation to render personal service. Employers are prohibited from preventing any person from registering or taking the oath of allegiance. They are already compelled to permit their employees to render the personal service required by the Act. EXEMPTION CLAUSE. The present exemption from military nefvice on the ground of religious belief is to be replaced by the following provisions: "On the application of any person a Magistrate may grant to the applicant a certificate of exemption from military training and service, if the Magistrate is satisfied that the applicant objects in good faith to such training and service on the ground that it is contrary to the doctrines of his religion. So long as any such certificate of exemption remains in force the holder thereof shall be exempt foam the obtigationVof

military training and service imposed by the principal Act, but shall be liable to perform in lieu thereof such nonmilitary services as the Governor in Council may from time to time prescribe as equivalent thereto." Failure to perform non-military service will be punishable by a fine and loss of civil rights. Holders of certificates of exemption will be required to register. t The statutory enactments and regulations made under them are to be brought into harmony by the following provision : " No regulation made under the principal Act Or under any amendment thereof, creating any offence or imposing any penalty therefor, shall be invalid merely because the said offence is otherwise punishable under the principal Act or under any other Act." Power is given ; to the Governor to exempt from .training all persons residing in areas specified by Orders in Council. The Territorial Force or any part of it is required # to be called out for | active service in New, Zealand at any time by Governor's proclamation. Default to pay a fine imposed by an officer of the Forces is punishable by a fine not exceeding £5. All property and liabilities of the Volunteer Force are to be transferred to the Crown. The Governor is empowered to appoint a board of management to control any such property vested in the Crown.