An Act for the Commissioning of Ships of War and the W [Assented to, September 10th, 1884]. HEREAS it is desirable to provide for the commissioning of Preamble. ships of war and the establishment of a Naval Brigade for South Australia-Be it therefore Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows: 1. This Act may be called "The Naval Discipline Act, 1884." 2. For the purpose of defending the coasts of this province, and of co-operating in time of war with the ships of the Royal Navy, in such manner and for such periods as the Governor shall approve, the Governor may, on behalf of Her Majesty, place in commission any armed vessels that the Parliament of this province may from time to time direct to be maintained, and may engage the services of any persons to serve in the naval forces of this province upon the terms and conditions hereinafter provided: Provided also that the number of persons under engagement at any one time shall not exceed one hundred, or such greater number as shall from time to time be fixed by the Governor by Proclamation in the Government Gazette; but no such Proclamation shall be issued while Parliament is in Session unless an Address has been passed by both Houses of Parliament, praying for the issue of such a Proclamation. Short title. Governor authorised to commission ships of war, and to engage men to serve therein Force to be raised by 3. Such persons shall be raised by voluntary entry from among voluntary enlistment. A-307. seafaring Oath to be taken. Term of service. Governor may appoint officers. Appointment of war The Naval Discipline Act.-1884. seafaring men and others who may be deemed suitable for the service in which such volunteers are to be employed, and are to be so raised and entered at such times and in such places in the said province as the Governor shall from time to time direct. 4. Every volunteer raised under this Act shall take and subscribe, before some Justice of the Peace or some commissioned officer as hereinafter provided, the oath contained in the First Schedule hereto; and it shall be the duty of such Justice and officer to transmit to the Governor, or to such person as he may appoint in that behalf, every oath so taken and subscribed. 5. Every volunteer raised under this Act, and who shall have taken and subscribed the oath as aforesaid, shall, at his option, be entered for the term of three or five years, and, whether employed regularly or only occasionally during such term, shall be subject as a volunteer to the provisions of this Act during such term and no longer, save as hereinafter otherwise provided; and at the expiration of the period of his service as volunteer he shall be entitled to claim his discharge, save as hereinafter provided; but, when any volunteer shall be entitled to claim his discharge as aforesaid, he shall continue liable to the provisions of this Act until actually discharged by the Governor or some officer duly appointed by him to give such discharge. 6. The Governor may appoint fit and proper persons to be officers of such volunteers, and may issue commissions under his hand and the seal of the province, and may withdraw, alter, or amend such commissions. 7. The Governor, or any person to whom he may delegate his rant and petty officers. authority in that behalf, may appoint fit and proper persons to be warrant and non-commissioned or petty officers of such volunteers. Title of force. Pay and allowances. The Governor may make regulations for Naval Brigade, and for carrying this Act into effect. 8. The force so constituted shall be called the South Australian Naval Brigade, and is hereinafter called the Naval Brigade. 9. The Governor may fix the bounties on enlistment and reenlistment, and the amount of pay and allowances to be received by the volunteers aforesaid: Provided that such bounties, pay, and allowances shall not exceed in amount the respective sums voted by Parliament for the services of the Naval Brigade. 10. The Governor may make rules and regulations for the employthe government of the ment, suspension, or dismissal of the members of the Naval Brigade, and for enforcing good order and discipline among them, and otherwise for carrying out the objects of this Act, and may, from time to time, annul, amend, and add to the same, or make others in lieu thereof; and such rules and regulations shall be published in the Government Gazette, and, after such publication, shall be judicially noticed by all Courts and Justices of the Peace, and all such rules and regulations The Naval Discipline Act.-1884. regulations shall, within fourteen days after the making thereof, be laid before both Houses of Parliament if Parliament be then sitting, and if Parliament be not then sitting, then within fourteen days after the commencement of the next Session of Parliament. 11. On the summons, by Proclamation by the Governor in the Government Gazette, and on all occasions of actual invasion of the colony, or of hostile attack thereon, or upon the making of any general signals of alarm in the manner prescribed, the members of the Naval Brigade not already in active service shall forthwith repair to the rendezvous prescribed, or otherwise assemble as prescribed, and shall thenceforth be liable to active service in accordance with the rules and regulations. Liable to active service when suminvasion, &c. moned in case of 12. Every member of the Naval Brigade who, unless absent Refusal or neglect to from the province on leave, or laboring under an infirmity disabling obey summons. him from active service, shall refuse or neglect to repair to the rendezvous, or join the assembly of the Naval Brigade as aforesaid, shall be deemed a deserter, and be liable to punishment as such. apply during active 13. Every member of the Naval Brigade, from the time of his Mutiny Act and entering upon active service until his services shall be legally dis- Articles of War to pensed with, shall, while serving ashore or afloat within or beyond service. the limits of this province, be and continue subject to the enactments and regulations for the time being in force for the discipline of the Royal Navy. court. 14. The Governor may, from time to time, appoint five persons, Power to constitute being commissioned officers under this Act, or being Special Magistrates or Justices of the Peace, of whom three shall be a quorum, to be a court to hear and determine all offences committed against this Act, or the regulations made in pursuance hereof, and shall appoint one of the persons aforesaid to be president of such court, and the procedure of such court and all matters connected therewith shall be governed by the regulations to be made hereunder. tendance of witnesses, 15. Such court shall have the power of punishing, for contempt Power to compel atof court, by fine not exceeding Five Pounds, or by imprisonment and punish for confor not more than twenty-four hours, and shall have the like power tempt. of adjournment and of enforcing the attendance and examination of witnesses as Justices of the Peace have under Ordinance No. 6 of 1850, and any statute extending or amending the same. 16. Such court shall have power to censure, fine, and imprison, Power to punish. with or without hard labor, and to dismiss from the service, any person found guilty of offences against this Act, or the rules and regulations to be made hereunder: Provided that no person shall be liable to pay a fine exceeding Fifty Pounds, or be imprisoned for more than six months. 17. In addition to any other punishment herein provided for, Offender may be such ordered to pay the certain cases. The Naval Discipline Act.-1884. amount of damage in such court may further adjudge any offender to pay such amount as shall make good any loss or damage to the Government property with which he may have been entrusted, or any part thereof, in all cases where such damage or loss shall have been occasioned by his wilful neglect or misconduct, and such amount may, by virtue of such judgment, be recovered by summary proceedings before any two Justices of the Peace at the suit of any person appointed by the said court to sue for the same, or may be stopped from the pay or allowances of the offender in such mode as the court shall direct. Challenge of judges by accused. Oath of judges. Proceedings of court to be drawn up, signed, and sent to the Governor. Sentence of court to be confirmed. As to swearing and summoning witnesses. Witnesses not liable to arrest. 18. In all trials by such court, as soon as the president and other members appointed to serve thereon are assembled, their names shall be read over in the hearing of the accused, who shall thereupon be asked if he desires to be tried by the president or by any of such members, and if the accused shall then object to the president, such objection, unless disallowed by the majority of the other members of the court, shall be referred to the decision of the authority by whom such president shall have been appointed; but if the accused object to any member, other than the president, such objection shall be decided by the president and other members so appointed; and when the place of the president or other members in respect of whom any challenge shall have been made and allowed shall have been supplied by some member in respect of whom no challenge shall have been made or allowed, and, if no challenge shall have been made, or, if made, not allowed, the oath in the Second Schedule to this Act shall be administered by the president to the other members, and afterwards by some sworn member to the president. 19. When any such court has, by a majority of its members, decided and recorded their sentence, the proceedings shall be upon drawn up in writing, and signed by the president of such court, who shall thereupon forward them to the Governor for confirmation. 20. No sentence passed by any such court under this Act shall be put into execution until confirmed by the Governor, and it shall be lawful for the Governor to withhold his confirmation and to remit either wholly or in part any such sentence. 21. The president of every such court shall administer the oath or the affirmation contained in the Third Schedule hereto to every witness or other person who shall be examined before such court in any matter relating to any proceeding before the court, and every person as well civil as military who may be required to give or produce evidence before a court may be summoned by the president of the court, and all persons summoned and attending as witnesses before any such court shall, during their necessary attendance in or on such courts, be privileged from arrest, and shall, if unduly arrested, be discharged by the court out of which the writ or process issued by which such witness was arrested, or, if such court be not sitting, then by any Judge of the Supreme Court |