ANNO QUINQUAGESIMO OCTAVO ET QUINQUA- VICTORIÆ REGINÆ. A.D. 1895. **** No. 643. An Act to consolidate and amend the Law relating to BE [Assented to, December 20th, 1895.] E it 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: PRELIMINARY. 1. The Acts mentioned in the First Schedule to this Act are Repeal of Acts in hereby repealed: Provided that this repeal shall not affect anything Schedule. heretofore lawfully done or suffered, under any enactment hereby repealed, or any penalty, forfeiture, or punishment incurred in respect of any offence committed against any such enactment. 2. This Act may be cited as "The Defences Act, 1895." Short title of Act. 3. In this Act the following terms shall have the several Definitions in intermeanings set against them respectively, that is to say pretation of this Act. "Minister"-The Chief Secretary or other Responsible Minister Minister. for the time being administering this Act: "Commandant "-The commissioned officer in chief command Commandant. for the time being of the Forces of South Australia: A-643 "Commanding Commanding Officer. Officer. Soldier. Member. The Forces. Active Force. Reserve Force. Corps. Army Act. Regulations. Prescribed. District. Sub-district. Proclamation. Division of Act. The Defences Act.-1895. "Commanding Officer "-The officer commanding a corps raised under this Act: "Officer "-A person holding a commission or warrant in the "Soldier"-A non-commissioned officer, private, cadet, trumpeter, "The Forces "-The Forces authorised by this Act: "Active Force "-The officers and soldiers serving in the Active Military Force authorised by this Act: "Reserve Force "-The officers and soldiers serving in the Reserve Military Force authorised by this Act: .6 66 Corps "-Any squadron of mounted troops, battery, or company of artillery, or company of infantry, or other branch of the Forces, but so that where two or more of these are formed into a regiment such regiment may be termed a corps: Army Act"-The Act of the Imperial Parliament called "The Army Act, 1881," or any Act or Acts that shall for the time being be in force in the United Kingdom amending or in substitution for the same, including the Articles of War made and for the time being in force thereunder: Regulations"-Any regulations which shall be made by the Governor in pursuance of this Act: "Prescribed "-Prescribed by this Act, or by regulations made under this Act: "District "The locality prescribed as a district by this Act, or by any regulations made under this Act: "Sub-district"-That portion of any district prescribed as a sub-district for the purposes of this Act, or by any regulations made under this Act: "Proclamation "-A proclamation published in the Government Gazette. The Defences Act.-1895. PART I. MILITARY FORCES. PART 1. 5. The Governor, as Her Majesty's Representative, shall be The Governor to be Commander-in-Chief of the Forces mentioned in this Act. Commander-in-Chief. 6. The Commandant shall, subject to regulations, command the Commandant to comForces authorised by this Act. Constitution of the Forces. 7. The Forces authorised by this Act shall consist of— (3) The Reserve Military Force. 8. Every member of "The South Australian Military Force," "The Militia Force," "The Reserve Militia Force," and "The Volunteer Militia Reserve Force" commissioned or enrolled under the repealed Acts, or any of them, may continue to serve in the Forces under the provisions of this Act, but must be commissioned or enrolled under this Act. Any member of the Forces aforesaid may, within three months of the passing of this Act, resign his commission if an officer, or, if a non-commissioned officer or private, may claim his discharge from such Force by giving fourteen days' notice of the same through his commanding officer to the Commandant. Except as herein expressly provided, nothing herein contained shall be deemed to deprive any person who has been a member of any of the Forces under the said repealed Acts of any immunity or privilege to which under any of the said Acts he may be, or, but for this Act, would have been, entitled at the passing hereof. mand the Forces. Constitution of the Members of the Forces in existence at passing of this Act to serve under this Act. 9. The Active and the Reserve Forces shall be equal in rank, Precedence of Forces. but shall rank junior to the permanently employed Force of the said province. Raising and Maintenance. be raised. 10. The Governor may, from time to time, call together, raise, Military Force may organise, arm, equip, drill, train, and exercise a Military Force comprised of such persons and in such manner as hereinafter directed. 11. Every male inhabitant of the province between the ages of Persons liable to serve eighteen and forty-five, fit and able to bear arms, being a British in the Forces. subject by birth or naturalization, who shall have resided in the said province for a period of six calendar months, and not exempted by the Second Schedule hereto, shall be, and he is hereby declared to be, liable to serve in the Forces to be raised under this Act when PART I. Classes of persons liable to serve. Governor may proclaim Military Districts and Sub-districts. Enrolment to be made by Enrolment Officer. The Defences Act.--1895. when called upon by virtue of any of the provisions of this Act: Provided that 1. No person shall have the benefit of exemption unless he proves his right thereto as laid down in this Act: II. When exemption is claimed, the burden of proof shall be upon the claimant: III. Exemption shall not prevent any person from serving if he desires it, and is not disabled by bodily infirmity: Provided also that no such liability shall be enforced except in case of actual invasion or of the imminent prospect thereof, declared by the Governor by Proclamation. 12. The male population liable to serve in the Forces shall be divided into three classes, as follows: The first class shall comprise all men of the age of eighteen years and upwards, but under thirty years of age, who are unmarried or widowers without children: The second class shall comprise all men of the age of thirty years and upwards, but under forty-five years, who are unmarried or widowers without children: The third class shall comprise all men of the age of eighteen And whenever it is necessary to call upon men to serve in the Military Districts and Sub-districts. 13. For the purposes of this Act, and for more efficiently raising such Forces as aforesaid, the Governor may, by Proclamation, constitute "Military Districts" and "Military Sub-districts," and may define the boundaries thereof, and such districts, or the boundaries thereof, may, from time to time, abolish, alter, or vary, and by such Proclamation as aforesaid may, subject to the provisions of this Act, appoint the number of the Forces to be raised for each or of such districts, and such number may from time to time alter or vary. any Mode of Raising the Forces. 14. The Governor may appoint persons, to be called "Enrolment Officers," for all or such one or more of the districts or sub-districts as proclaimed and constituted under this Act as he may think desirable. The remuneration for such Enrolment Officers shall be as prescribed by the regulations. (1) The enrolment of men shall be made in each district and sub-district, at such time or times as may be appointed by the Governor, by the Enrolment Officer therefor, before whom the declaration as prescribed shall be made: (2) Each |