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Volunteer Service Ordinance 1864

5. The Volunteer Service Ordinance 1864

Analysis. Preamble.

1. Repealing Clause.

2. Returns to be furnished duly signed and countersigned.

3. Certain payments to be made regulated by such returns.

4. Such money: how to be disbursed.

5. Accounts thereof to be furnished.

6. Public properties in use by Volunteers: how to be treated.

7. Private properties in use by Volunteers:

8. Certain Acts and Regulations not hereby affected.

9. Interpretation.

10. Title.

Whereas an Ordinance was passed by the Superintendent and Provincial

Council of the Province of Canterbury intituled “The Volunteer Service Ordinance

1861 Session XVII No. 7” and it is expedient that the same should be repealed and that other provisions should be made in lieu thereof.

Be it therefore enacted by the Superintendent of the said Province by and with the advice and consent of the Provincial Council thereof as follows:

1. Repealing Clause.

The said recited Ordinance is hereby repealed.

2. Returns to be furnished duly signed and countersigned.

The Commanding Officer of Volunteers within the Province of Canterbury shall in the months of January April July and October in every year furnish to the Superintendent a return showing the number of men of all ranks enrolled and under drill or effective members in each corps or Regiment of Volunteers within the said Province during the three calendar months preceding and also the number in each company or troop of each and every such corps or regiment and also the town city or district in which each such company or troop is stationed

and together with such return shall forward a certificate countersigned by himself and signed as to his own troop or company by the officer commanding each such troop or company to the effect that the several troops and companies have been under proper and sufficient drill and training.

3. Certain payments to be made regulated by such returns.

It shall be lawful for the said Superintendent quarterly and every quarter to cause to be issued and paid out of the public revenues of the Province to the Commanding Officer or to such person as may be duly authorised by him in that behalf a sum of money at the rate of seven shillings and sixpence for each man included in every such return as aforesaid for the immediately preceding quarter Provided that the sum so to be issued in any one year shall not exceed the sum of five hundred pounds in the whole of any one year And the receipt of the said Commanding Officer or of the person duly authorised by him as aforesaid shall

be a good and sufficient discharge to the Provincial Treasurer for any moneys so issued and paid by him in accordance with the warrant of the Superintendent under the provisions of this Ordinance.

4. Such money: how to be disbursed.

The said Commanding Officer shall disburse the said moneys so received by him for the training and equipment of the Volunteers enumerated in the said return and for prizes for rifle shooting to be competed for by the said Volunteers Provided that the whole amount in value so appropriated shall be divided among

all the companies or troops enumerated in the said return rateably to each in proportion to the number of men certified in the aforesaid return to be enrolled therein and to have been under such proper and sufficient drill and training as aforesaid.

5. Accounts thereof to be furnished.

The said Commanding Officer shall once in every year upon the request of the Provincial Secretary of the said Province for the time being cause to be made out and furnished to the said Provincial Secretary a detailed statement in writing certified under his hand of all moneys received and disbursed by him during the year then last past in pursuance of the provisions of this Ordinance and of the manner of the expenditure of the same and such statement shall be laid before the Provincial Council as soon as possible thereafter.

6. Public properties in use by Volunteers: how to be treated.

All money arms stores fifes musical instruments or other articles whatever belonging to or used by any corps or regiment not being the property of any particular troop company or individual or supplied by the General Government of New Zealand shall be vested in the Officer for the time being in command of such corps or regiment for all purposes of indictment or action criminal or civil in law or in equity and shall for such purposes be deemed to be his property and may be so laid in any indictment or information and may be sued for and recovered as such in any action relating thereto.

7. Private properties in use by Volunteers:

In the case of money arms stores drums fifes musical instruments or other article or articles being the property of any particular troop or company they shall be vested in the Captain of such troop or company for all purposes of indictment or action criminal or civil in law or in equity and shall for such purposes be deemed to be his property and may be so laid in any indictment or information and may

be sued for and recovered as such in any action relating thereto.

8. Certain Acts and Regulations not hereby affected.

Nothing herein contained shall affect in any way the provisions of the “Militia Act

1858,” or of the “Militia Act Amendment Act 1860” or any regulation which are now or may at any future time be legally in force for the management of any Volunteer Corps in the Province of Canterbury.

9. Interpretation.

In the interpretation of this Ordinance the words “Commanding Officer” shall mean the senior officer for the time being in command of Volunteers within the Province.

10. Title.

This Ordinance shall be intituled and may be cited as “The Volunteer Service

Ordinance 1864."

Notes.

This Ordinance was passed by the Canterbury Provincial Council on 31st of

August 1864, and assented to by the Superintendent on 1st September.