THE Wellington Independent "NOTHING EXTENUATE; NOR SET DOWN AUGHT IN MALICE." SATURDAY MORNING, 22nd AUGUST. LAW FOR MILITIAMEN.

Wellington Independent, Volume XVIII, Issue 1910, 22 August 1863, Page 2

THE Wellington Independent "NOTHING EXTENUATE; NOR SET DOWN AUGHT IN MALICE." SATURDAY MORNING, 22nd AUGUST. LAW FOR MILITIAMEN.

Ax the present moment when nearly grery member of the community is called upon to do duty in the Militia, it is important that the laws affecting this force should be clearly understood. We might have reprinted the Militia Acts in full for the information of our readers, but as the perusal of statutes is rather dull work, we propose to save them some trouble by briefly summarising their chief clauses. There have been no less than three Acts passed for the speoial benefit of Militiamen in New Zealand, viz : the Militia Act of 1858, and two others for its amendment, of 1860 and 1862, For convenience sake, we will take the earliest as a guide, and refer to the others for any changes that have been made in the law since it passed. The first three clauses of this Act confer powers on the Governor to constitute a Militia force, form districts, and appoint officers. He is empowered by clause (4) to appoint a permanent staff in any of such districts, whose pay is fixed as follows : — Each Adjutant, not exceeding . . „ 8s a-day Each Sergeant, not exceeding . . „ 4s a-day Each Corporal, not exceeding . . . . 8s a-day Each. Bugler or Drummer, not exceeding „ . . . . . . 2s 6d a-day Clauses 4, 5, and 6, also allude to the powers of the Governor, but clause 7 is important, as referring to active service. It runs as follows. In all cases of actual Invasion, or upon imminent danger thereof, and in all cases of Rebel* lion 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 aa his deputy for that purpose, to direct the Officer commanding the Militia of any district withall convenient speed to draw out for Actual Service such Militia Force, or such part or number thereof aa the Governor or such deputy shall judge necessary, as 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, tho 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 aa shall volunteer for service out of the Banje. The next clause provides that any Militia man wounded on actual service, and thus impeded from gaining a livelihood shall he entitled to a pension, of the same amount as if bs belonged to Her Majesty's regular troops. Id the Act of 1862, the same provision is mad» with reference to officers wounded, aod another clause provides that ; — ■ In the event of any Militia Officer being kiled on service his family shall be entitled to such Pension as they would have been entitled to had he been an Officer of the same rank in Her Majesty's Regular Service and in the event of a Non-commissioned Officer or Private being killed in service his family shall be entitled to such Pension as they would have been entitled to bod he been an Ensign in Her Majesty's service. Militiamen not attending the placf of training and exercise, unless incapacitated by bodily infirmity, are liable to a penalty not exceeding £20 ; and Militiamen deserting or absenting themselves after joining the Company,' incur a similar penalty. When drawu out for actual service, refusal to, march is punishable undertbe provisions of the Mutiny Act and Articles of War, Persons harbouring or concealing Militiamen I under such circnrastances, are liable to pay a penalty not exceeding £20. During the time any portion of the Militia are on active service, they are subject to the Mutiny Act aud Articles of War. We comesiow to the Act of 1860, clause 2nd of which, describes the three classes into which each battalion or company shall be divided, but this is so well known, that we need not quote it. The following provisions show the course of proceeding in drawing out for service : — Whenever the Governor or his deputy shall think fit to draw out a portion only of the Militia of any division of a Militia District, 'the men to be first taken shall be the Volunteers from the whole Militiamen, and if a sufficient number do not volunteer, then the first class service men, and if they be not sufficient, then the second class service men, and if they be not sufficient, then the reserve men shall be taken. 4. If all the men of any class be not required, the men to be drawn ont shall be taken by ballot, according to such rules as the Governor shall from. ■' time to time make for that purpose. It is provided by Clause 5, that substitutes may be accepted for those thus drawn by ballot Section 6 enacts, " that every man except as hereinafter excepted between the ages of sixteen years and fifty five years" being a British subject and not an Aboriginal Native, who shall reside within the Colony, shall be liable to serve in the Miliitia ; Provided that the Judges of the Supreme Court, the Executive Council of the Colony, Members of Provincial Councils during Session, Clergymon, Priests, Ministers of Religion, Catechists, and also persons afflicted with lunacy or unsoundness of mind, deafness, blindness, or with any other disease or infirmity that may render them unfit for service (s»ch disease or infirmity, being duly certified by a Medical Practitioner appoioted by the Governor) shall be exempt from serving on such Militia." Failure to enrol within three months after Becoming liable to serve, is punishable by a penalty not exceeding £5. Disobedience of officers' orders, insolent language, or neglect of arms and accoutrements are punishable by a similar penalty. The Act of 1862, provides that the hours for training and exercise shall be fixed by the Governor, and the officers of Militia are required to give notice of the same by posting it up in some conspicuous place and by advertisement in the newspapers; but it is " Provided also, that no Militiaman shall be compelled to attend for training and exercise more than one hundred and sixty eight hours in any one year." Such are the chief provisions of these Acta, the regulations relative to Volunteers, we shall notice on a future occasion.