CO129-443 - Governor Sir May - 1917 [7-9] — Page 529

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It proceeded by way of incorporation of the provisions of the Peace Preservation Ordinance, 1886, by means of refer- ence. Another objection to it was that it left open some doubt the question as to whether a proclamation under the section would take effect as regards members joining. the Reserve after the date of the proclamation. The dif- ficulty aro se chiefly from the use of the words "every such member on being so enrolled", and similar expressionse The proclamation issued under the section on the 3rd Sep, tember, 1915, purported to enrol all the members of the Reserve, but if it had purported to enrol only certain particular members or sections, it would have been diffi- cult to argue that the proclamation would affect any other members. The point was actually taken in a prosection before a magistrate, The agistrate held that as the proclamation had purported to enrol all the members of the Reserve it took effect on members joining after the date of the proclamation as well as on those persons who were members when the proclamation was issued. In spite of this decision the point cannot be said to be entirely free from doubt, and it was thought better to get rid of the doubtful section and to enact a declaratory section, de- fining the status of members of the Reserve generally under the above proclamation,

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Section 10 of this Ordinance accordingly repeals section 10 of the principal Ordinance and substitutes one which is believed to define more clearly the status of members of the Reserve when called out by proclamation

Sub-section (2) of this section preserves

for service,