No. 9-1876. accept services of II. The Governor may accept the services of any persons Governor may desiring to be formed into a Volunteer Corps under this a Volunteer Ordinance, and upon such acceptance, the proposed Corps shall be deemed to be lawfully formed under the provisions of this Ordinance. Corps. Governor to de cide on strength Force. III. The Volunteer Force of this Province may consist of the Volunteer of such numbers of various arms as may be from time to time decided upon by the Governor, with the advice and consent of the Executive Council. The establishment of each corps shall be as follows: Establishment of Volunteer Force in existence on this Ordinance. A battery of artillery.-One captain, two subalterns, Cavalry.-Regimental staff for a corps consisting of Company establishment.-One captain, two sub- IV. Any Volunteer Force in existence at the date of the promulgation of promulgation of this Ordinance consisting of not less than one full battery troop or company shall be deemed to be a Corps formed under this Ordinance, if it shall, within sixty days from such date, notify through its commanding officer to the Governor, its wish to come under the provisions of this Ordinance. V. Any Volunteer Force at present in existence, which shall not through its commanding officer give such aforesaid notification to the Governor within sixty days, shall on the expiring of such period be ipso facto disbanded. VI. The bye-laws for each corps shall be framed by committees of the respective corps, and shall be submitted for the approval of the Governor. VII. The Officer Administering the Government shall be the Commander-in-Chief of the Volunteer Force, and shall have all the powers and may exercise all the duties and obligations pertaining to the office of Commander-in-Chief respecting the volunteer force, or any part thereof, may appoint com VIII. (1) The Governor may appoint in the name and on the behalf of Her Majesty by Commission under the Public Seal Governor of the Province, a commandant and inspector of the volunteer mandant and inforce with the rank of major, who shall hold office during spector pleasure. No person shall be eligible for such office unless he has served not less than six years as a commissioned officer in Her Majesty's regular army. IX. The drill for each arm of the volunteer force shall Drill. be conducted on a uniform system, embodied in a manual of drill exercise, copies of which shall be distributed to all the officers and non-commissioned officers of the several corps, with all reasonable dispatch. All corps shall be required to drill four days in each year, but so that no drill be for a less period than two consecutive days. X. Every member of the volunteer force shall be pro- Corps how to be vided with a breech-loading rifle, to be supplied by the Go-armed. vernment on receipt of a bond for its safe custody and return. Each artillery corps shall be provided with such arms as may be considered necessary. appointed by the cers by the corps. XI. (2). All officers of volunteer corps shall be appointed All officers to be by the Governor, in the name and on behalf of Her Majesty, Governor. by commission under the public seal of this province from such persons as shall allow their names to be submitted to him for such purpose by the corps to which it is proposed that such officers should be appointed: Provided no names shall Election of offibe so submitted unless they shall have been elected by ballot by not less than one-half of the enrolled members of any such corps or company, and recommended by the officer commanding the corps provided that no commission shall be issued to any officer whose name has been so submitted until he shall have passed a satisfactory examination as to his proficiency in drill before a board of officers to be appointed by the commander-in-chief. sioned officers. XII. Non-commissioned officers in volunteer corps shall Non-commisbe appointed by the officers commanding their corps. giance required. XIII. Every member of the volunteer force, on his Oath of alleenrolment on the muster roll of his corps, or as soon after as may be, shall take the following oath of allegiance before any Justice of the Peace, or a Commissioned Officer of the corps: "I, A. B., do sincerely promise and swear, that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, her heirs and successors, and that I will faithfully serve in the volunteer force until I shall lawfully cease to be (1). Repealed by Section 2, Ordinance No. 14 of 1879, which, however, was not assented to. See Cape Act 10 of 1882. (2). Repealed by Section 2, Ordinance 14 of 1879, which, however, was not assented to. No. 9--1876. Resignation Volunteers, of Commander-in Chief may dis a member thereof." Provided that any person objecting from conscientious scruples, to make an oath may make a solemn affirmation to the same effect as the oath. XIV. Any volunteer may, except when on actual military service, quit his corps on complying with the following conditions, namely: (a). Giving to the commanding officer of his corps, XV. The commander-in-chief may disband or disconband corps by tinue the services of any volunteer corps, or any part thereof, Proclamation. by proclamation, whenever the number of the members thereof shall fall below half the complement of one battery, troop, or company respectively, and shall have continued below such complement for the space of six months, or for any special misconduct. And if any officer, non-commissioned officer, or other member of such disbanded corps, shall refuse or neglect to give up to such person as the Governor may direct, any article supplied to him at the public expense as a member of the volunteer force, he shall be liable to pay a sum of money equal to double the cost price of such article, which may be recovered from him with costs, in the same manner as penalties imposed under the bye-laws are under this ordinance recoverable. Rules and regulations, making of. XVI. It shall be lawful for the commander-in-chief to convene a board of officers commanding volunteer corps as often as to him shall seem fit, to be held under the presidency of the senior officer present, and a board so constituted shall have power to make, alter, and add to rules and regulations to be observed by all volunteer corps constituted under this to be binding. ordinance, and such rules and regulations not being contrary No. 9-1876. to the provisions of this ordinance shall, if confirmed by the commander-in-chief, be as binding on the volunteer force of Regulations Griqualand West, as if contained in this ordinance; und such when confirmed board shall in the like manner have power to make, alter, and add to rules of order for the better regulation of the proceedings of the board. Provided that should any commanding officer be unable to attend such board, it shall be, competent for him to appoint another officer to represent his corps at such board. ternal manage XVII. The members of any volunteer corps may from By-laws for intime to time make bye-laws and rules for the admission of ment of corps. persons desiring to be enrolled in such corps, and for the management of the property, finances, and civil affairs of the corps, and for the enforcing of discipline among the members thereof. of bye-laws in Ga evidence of such XVIII. A copy of the bye-laws and rules, certified Publication under the hand of the officer commanding the corps as a true zette considered copy of the bye-laws and rules whereof the Governor's ap- bye-laws. proval has been obtained, and after proclamation thereof in the Government Gazette, shall be conclusive evidence of the bye-laws and rules of the corps. Such bye-laws and rules may provide for the enforcement thereof against the several members of such corps, by the imposition of fines not exceeding five pounds for each offence. And such bye-laws and rules shall not be inconsistent with the provisions of this ordinance, and shall on being approved, be as valid and effectual as if they had been inserted in this ordinance. vested in com XIX. All money subscribed by or for the use of the Property of corps corps, all arms, stores, ammunition, musical instruments, and manding officer. other property, articles, and things whatsoever belonging to or used by any such volunteer corps, not being the property of any member thereof, shall be vested in the commanding officer of such corps in trust for the corps; and shall for all the purposes of any legal proceedings, civil or criminal, be deemed to be his property, and may be so laid in any action or suit; and no such action or suit shall be discontinued by the death, resignation, or removal of a commanding officer, but the same may be proceeded with, by or against the succeeding commanding officer. Such commanding officer shall receive all bonds given by members of the corps for the due return of arms, and shall transmit the same to such officer as the Governor may appoint for safe custody. ficers XX. With respect to the discipline of officers and volun- Discipline of ofteers, the following provisions shall take effect and be in force ters and volunwhile such officers aud men are not subject to the provisions of the Mutiny Act and Articles of War as hereinafter provided. 0,9 -1876. Officers may be tried by a courtmartial. (a). The commanding officer of a volunteer corps may suspend, and with the approval of the commanderin-chief discharge any volunteer, and strike him off the muster roll, either for disobedience by him while doing any military duty with his corps, or for misconduct by him as a member of the corps, or for other sufficient cause, the existence and sufficiency of which causes respectively shall be determined by the commander-in-chief. The volunteer so discharged shall nevertheless be liable to deliver up in good order, fair wear and tear only excepted, all arms, clothing, accoutrements, and equipments, being public property or the property of his corps, issued to him, and pay all money due or becoming due by him under the bye-laws and rules of his corps, either before or at the time or by reason of his discharge, and shall be ineligible for enrolment in any other volunteer corps. (b). If any officer of a volunteer corps, or a volunteer while under arms, or on a march, or on duty, or while engaged in any military exercise or drill, or going to or retiring from any place of exercise or assembly of such corps, shall disobey any lawful order of any officer under whose command he then shall be, or shall be guilty of misconduct, the officer then in command may order the offender, if an officer, into arrest, and if not an officer, into the custody of any volunteers belonging to the corps, but no such offender shall be kept under personal restraint longer than is reasonably necessary for the preservation of order and discipline; and provided further, that any officer so offending shall be deemed to be under arrest until his offence shall be inquired into. XXI. In the event of any officer of volunteers committing any breach of discipline, or being guilty of unbecoming or disgraceful conduct, the officer commanding his corps shall forthwith report the matter to the commander-inchief. And the commander-in-chief may thereupon convene a court-martial consisting of three or five commissioned officers of other corps, or of that and other corps, under the presidency of the senior officer present, for the trial of such chargesand the prosecutor shall be appointed by the commander-inchief, and such court shall be empowered to adjudicate on the charges preferred, and shall receive such lawful relevant evidence on oath as may be adduced; and such evidence shall be taken down in writing; and such court shall give judgment |