202432-1933-Supplementary-Draft-Bills--Divorce-Amendment-Volunteer — Page 9

Failure by members to fulfil obligations

as to

efficiency,

etc.

Discipline

when on actual military service.

492

the officer of the corps or volunteer in question may have been released from arrest or custody under the proviso to paragraph (iv) of sub-section (1).

16. (1) Without prejudice to the provisions of section 15, but subject to the provisions of sub-sections (2), (5) and (4) of this section, every member of the corps who in the opinion of the Commandant fails without reasonable excuse to complete the requirements of efficiency in any year shall for- feit the sum of twenty-five dollars, which shall be paid into the general revenue of the Colony.

(2) No member of the corps shall be liable to forfeit the said sum of twenty-five dollars in respect of the year during which he attains the age of forty years or in respect of any subsequent year.

(3) No member of the corps. who has completed the requirements of efficiency in the corps in three years, whether consecutive years or not, shall be liable to forfeit the said sum of twenty-five dollars.

(4) If any member of the corps other than such persons as are referred to in sub-sections (2) and (8), quits the corps without completing the requirements of efficiency in any year he shall remain liable to forfeit the said sum of twenty-five dollars as if he were still a member of the corps provided that the Commandant may exempt from the said liability any per- son who would otherwise have remained liable under this sub- section if he is of opinion (a) that such person quitted the corps for a reasonable and bonâ fide causó and (b) that such person used reasonable diligence in subjecting himself to the prescribed annual training up to the time of his quitting the corps.

(5) If any member of the corps fails to fulfil any of his obligations under this Ordinance such failure shall be deemed to be a sufficient cause for discharge within the meaning of paragraph (1) of section 15 (1), provided that no member of the volunteer corps shall be discharged for this cause if the Commandant, or the Governor upon an appeal, is of opinion that such member had a reasonable excuse for such failure.

(6) For the purposes of this section the year shall be deemed to commence on the 16th day of April.

17.-(1) With respect to the discipline of officers of the corps and volunteers when they are on actual military service or are undergoing drill, exercise, training or inspection together with or are voluntarily doing any duty together with His Majesty's regular forces or any part thereof, the following provisions shall take effect: namely, the provisions of the 44 & 45 Vict, Army Act shall, so far as the same are applicable and con- sistent with the provisions of this Ordinance, apply to all officers of the corps and volunteers, with the following modi- fications only:-

c. 58.

(a) that no officer of the corps or volunteer shall for any offence against such Act except for the offence of murder be subject to the penalty of death; and

(b) that no sentence of a court martial for the trial of an officer of the corps or volunteer shall be carried into execution unless confirmed by the Governor.