year 1854.1 As their name implies, they are voluntary associations, whose services have been accepted by the Government. Though to a certain extent under Government regulations in the matter of enrolment and discipline, they retain large powers of self-government. They may recommend members for promotion to officerships under the rank of captain, the majority in any corps may make rules for the management of its affairs, which may be legally enforced after approval by the Government, the members may individually withdraw from the service in time of peace, or, on their own application, may be enrolled as a corps among the permanent forces, and placed on a similar footing with regard to discipline and pay. Volunteer corps may be called out "in all cases of actual invasion of Victoria, or hostile or predatory attack thereon, or of imminent danger thereto," and they then become subject to the discipline of the permanent forces in time of war, are entitled to pay, if demanded, and may be quartered and billeted as regular troops. The Governor may also accept the services of cadet corps of volunteers, who do not take the oath of allegiance, and may not be sent on active service.10

8

9. THE SOLICITOR-GENERAL and the MINISTER OF JUSTICE, offices usually alternative, though occasionally both filled at once. 11 The Solicitor-General or the Minister of Justice appears to act in two capacities. In the first he is the deputy of the Attorney-General, as the legal adviser of the Government and legal representative of the Crown; but inasmuch as the Minister of Justice is not technically a "Law Officer," it would seem that he cannot act as fully in all cases as the Solicitor-General. In his second capacity the Solicitor-General or the Minister of Justice administers a portion of the legal machinery of the Government, generally the county courts, the courts of insolvency, and the courts of general and petty sessions.

10. THE MINISTER OF RAILWAYS, who became necessary upon the establishment of the system of Government railways 118 Vic. No. 7, amended by 19 Vic. No. 8, etc. 2 § 65. 5 Defences and Discipline Act 1890, §§ 70-71.

4 § 68.

8 § 77.

3

§ 66.

6

$ 72.

11 E.g. in 1890, when Mr. Cuthbert was Minister of Justice and Mr. Deakin Solicitor-General.

12 Acts Interpretation Act 1890, § 5.

CHAP. XXXI

GOVERNMENT RAILWAYS

303

in the year 1857, and since greatly developed.' The Minister is the person responsible to Parliament for the working of the railway department, and the expenditure of the funds voted for it, but the actual property in and management of the Government railways are vested in a corporate body of three Railways Commissioners, appointed under a statute of 1883,2 by the Governor in Council, for a period of seven years. The Commissioners, who consist of a permanent Chairman and two ordinary commissioners, cannot be removed from office except upon Addresses by both Houses in the same session, or of the Assembly in two consecutive sessions, unless they incur one of the following disqualifications

1. Acceptance of other employment.

2. Insolvency.

3. Acceptance of personal interest in any contract made by the commissioners.

4. Absence without leave, incapacity, or resignation.3

The Chairman of the commission may decide upon action. against the views of his colleagues, after postponement of the discussion for twenty-four hours, but in such a case he must enter his reasons upon the Minutes and send a signed copy to the Minister. In the management of the Government railways the Commissioners exercise the powers vested in the Board of Land and Works with regard to other public works. They must make quarterly traffic returns to the Minister, and prepare a full annual report for Parliament. They must also, before the second reading in the Assembly of any Railway Construction Bill, prepare an estimate of the cost and returns of each proposed new line." All appointments to the railway service are in their hands, subject to certain limits, and they may make regulations with regard to employments and dismissals. They may erect and manage a system of telegraphs, subject to certain claims of the post-office department.9

8

1 21 Vic. No. 35, 27 Vic. No. 186; Minister of Railways first appointed 1860. Private railways are perfectly legal, but they are subject to Government inspection (Railways Act 1890, §§ 122-143).

2 47 Vic. No. 767. They have since been reappointed (cf. G. G. 1891, Feb. 6, etc.) 3 Railways Act 1890, §§ 46-50. § 44. 5 § 56. $$ 58, 59. 7 § 61.

4

6

§§ 70 and 92. Railway employés do not come under the Public Service Act. 9 §§ 99, 100. By the Railways Standing Committee Act 1890 a standing committee of both Houses of Parliament has been appointed to report upon proposed railway extension (54 Vic. No. 1177).

Besides the Responsible Ministers whose functions have been enumerated, others, whose titles will sufficiently explain their duties, are frequently appointed. The most conspicuous examples are

11. THE POSTMASTER-GENERAL,

12. THE COMMISSIONER OF WATER SUPPLY (for the country districts),

13. THE MINISTER OF AGRICULTURE,

14. THE MINISTER OF MINES (whose functions will appear in our account of local government), and

15. THE MINISTER OF HEALTH.

CHAPTER XXXII

THE POLICE FORCE

THE police force of Victoria is subject to a special form of government and special regulations which mark it off from the great body of the civil service, from which it is excluded by the provisions of the Public Service Act.1

The permanent head of the force is the Chief Commissioner of Police, who, with the acting Commissioner (if any) and all the officers of the force down to the grade of sergeant, is appointed by the Governor in Council. The ordinary members of the force are officially known as "constables," and are appointed and dismissed by the Chief Commissioner, the number to be employed being signified by the Governor in Council.3 A member of the force has the powers and duties of a constable by the common law, as well as those specially conferred by statute.1 Each constable, other than a Chinee or aboriginal, binds himself by an oath of service, and cannot resign without three months' notice, even though his term of appointment has expired.5

The detailed duties and discipline of the police force are prescribed by Regulations of the Governor in Council, but the following special duties are imposed on every sergeant and constable by statute—

1. Attendance on the justices at general and petty sessions for the districts in which he is stationed.

2. Execution of recognisances and fines levied by the Supreme Court or any court of general or petty sessions, and of all process issued by justices of the peace.

6

Unlike the ordinary members of the civil service, the members of the police force are entitled to superannuation allowances on retirement, as well as to pensions on disablement. There is a Police Superannuation Fund, into which a sum of £2000 a year is paid out of the Consolidated Revenue, and which is supplemented by the fines imposed upon the members of the force, as well as those awarded to them on the conviction of offenders, and if necessary by a deduction from their pay. The payment of allowances is regulated by a Superannuation Board, subject to the approval of the Governor in Council.1

With regard to the offences of members of the force, an ordinary constable may be punished by fine or dismissal by the Chief Commissioner, a sergeant may be punished by the Commissioner by fine, or recommended for reduction or dismissal by the Governor in Council, while the misconduct of any superior officer is investigated by a board of three persons specially appointed by the Governor in Council. Other members of the force accused of insubordination may also claim to be tried by a specially appointed board. A member of the force acting in obedience to a warrant issued by a magistrate or reputed magistrate is not responsible for any irregularity or want of jurisdiction in the warrant or magistrate.*

1 Police Regulation Act 1890, §§ 20-38. 2 SS 39-41. 3 § 42.

4 § 57.