112487-1927-Supplementary-Draft-Bills--Prisons-Amendment-Volunteer-Amendment — Page 8

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6. Section 6 of this Ordinance repeals section 16A of the principal Ordinance and substitutes a section. The principal changes are as follows :—

(a) The sum of $25 which a non-efficient is liable to pay will in future be paid into the general revenue of the Colony and not into the general fund of the corps.

(4) No member of a volunteer corps is to be liable to forfeit this sum in respect of the year in which he attains the age of forty years or in respect of any subsequent year. (c) No member of a volunteer corps who has been efficient in three years, whether consecutive years or not, is to be liable to forfeit the said

sum.

(d) A member of a volunteer corps may for various reasons have to quit the corps before making himself efficient in any given year. Accordingly the Commandant is given power to exempt such a person from liability to pay the $25 if he is of opinion (2) that the person in question quitted the corps for a reasonable and bona fide cause and (77) that such person used reasonable diligence in undergoing the annual training up to the time of his quitting the corps.

7. Section 17 of the principal Ordinance provides that when a volunteer corps is on actual military service, or is doing duty with His Majesty's regular forces, the provisions of the Army Act with regard to In discipline are applied with certain” modifications, order to avoid any possible question, section 7 of this Ordinance adds to that section a sub-section which provides that any disciplinary measures necessary may be carried out after the period of actual military service, or such duty, has come to an end.

8. Section 8 of this Ordinance adds a new section 17A to the principal Ordinance, The new section gives the Commandant power to order any officer or volunteer to attend, at volunteer headquarters or elsewhere, for the purposes of any court martial or court of inquiry or for any other special purpose which may appear proper to the Commiandant. Any officer or volunteer who without reasonable excuse fails to comply with any such order will be liable upon conviction before a magistrate to a fine not exceeding $250. It is obviously necessary to have such a power in reserve in order to insure the attendance of witnesses and others at courts martial and courts of inquiry, and there may be other special cases also in which the power may be required.

9. Section 20 of the principal Ordinance provides that every person who fails to deliver up any equip- ment which he is liable under the Ordinance or rules to deliver up shall be liable to pay to the Commandant the value of the equipment. This appears to be de- fective in two points. In the first place, it is arguable that the section refers only to the final delivery up by a member who is quitting the corps. In the second place, it may be important, as in the case of a rifle or revolver, that the article should be returned to store and that the member should not be allowed to keep it upon paying the value. Accordingly, section 9 of this Ordinance substitutes another section which requires actual delivery up of the article, and it makes it clear that the obligation applies to every case where a mem- ber of a corps is under an obligation to return any equipment, either permanently or temporarily. The sanction is a fine not exceeding $250, to be imposed by a magistrate.

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