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26. Any gratuity that would have been due and payable to any Gratuities on non-commissioned officer or private had he taken his discharge under the provisions of this Ordinance or under the provisions of any law relating to the Lagos Constabulary or the Niger Coast Constabulary shall, in the event of his re-engaging for a further term and dying in the service before the completion of such term, be deemed for the purposes of this Ordinance to be his personal property, and shall be dealt with in accordance with the provisions of this Ordinance.
27. It shall be lawful for the Governor, at such times as he Regiment shall deem it necessary so to do, to temporarily increase the may be temporarily strength of the Regiment, and for this purpose to order to be increased. enrolled for a limited period such number of officers, non-commissioned officers and privates, as he shall deem necessary: the period or number limited by such order may from time to time be prolonged, shortened, increased, reduced, or varied, by any subsequent order of the Governor, provided that no man shall be compelled to serve for a longer period than that for which he was enrolled under this section, except with his own consent.
service of persons
28. Save as hereinafter enacted, all the provisions of this Condition of Ordinance, and of any Ordinance amending or extending the same, and of the rules and regulations which may from time to time be temporarily in force shall, so far as they may be applicable, apply to all officers, enrolled. non-commissioned officers and privates enrolled under the last preceding section; and such officers, non-commissioned officers and privates shall be, and be deemed to be for all purposes, part of the Regiment as long as they shall be enrolled therein.
Provided always that when any officers, non-commissioned officers, or privates, who are enrolled in, belong to, or are in the service of any other Colony or Protectorate shall be enrolled for temporary service in the Colony under this Ordinance, the rate of pay to be given them, the mode and time of payment, and all other matters relating to the pay and remuneration of such officers, non-commissioned officers, and privates, may be arranged between the Governor of the Colony and the officer administering the government of the Colony or Protectorate, in which the said officers, non-commissioned officers and privates may be previously enrolled, or in the service of which they may be, and paid accordingly; but subject to this proviso, all officers, non-commissioned officers and privates temporarily enrolled under this Ordinance shall receive the rates of pay respectively drawn by officers, non-commissioned officers, and privates of equal rank in the Regiment.
29. Every non-commissioned officer and private temporarily Oaths on enrolled under this Ordinance shall make the following declaration, temporary and shall confirm his declaration by oath in his native language in such manner as he may declare to be most binding upon his conscience:
I, A.B., do hereby solemnly and sincerely declare and promise
that I will be faithful and bear true allegiance to His Majesty King Edward VII., His Heirs and successors, and that I will faithfully serve and defend His Majesty the King, His Heirs and successors, and the Government of the Colony of Southern Nigeria until I am discharged, and will obey all orders of His Majesty and of the officers placed over me, and subject myself to all Ordinances, rules and regulations relating to the Southern Nigeria Regiment of the West African Frontier Force now in force, or which may from time to time be in force during my service.
The declaration and oath shall be made on parade before the senior officer of the Regiment for the time being at the station at which the declaration and oath are made, and shall be preserved as a part of the enlistment papers of every recruit.
30. The Act of the Imperial Parliament called the Army Act of 1881, and all Acts amending the same, and any articles of war or rules made in pursuance of such Acts, and for the time being in force, shall, as to the provisions therein contained respecting discipline, apply
(a) At all times to European officers and non-commissioned
(c) To native non-commissioned officers and privates during
31. The remaining sections of this part of the Ordinance apply to native non-commissioned officers and privates when not on active service
(a) When in the Colony;
(b) When employed out of and beyond the Colony, in accordance with section five, paragraph (a), of this Ordinance, in so far as they may be applicable.
CRIMES AND PUNISHMENTS.
32. Every person subject to this Ordinance who
(1) (a) Causes or conspires with any other persons to cause Mutiny and any mutiny or sedition; or
(b) Endeavours to seduce any person from allegiance to
(c) Joins in, or being present does not use his utmost
(d) Knowing of any actual or intended mutiny or sedition
(2) Strikes or uses or offers any violence to his superior officer, Striking or in the execution of his office; or who
(3) Disobeys, in such manner as to show a wilful defiance of officer, in the authority, any lawful command given personally by his superior his office. officer in the execution of his office, whether the same is given Defiant dis orally, or in writing, or by signal, or otherwise, shall on conviction be liable to suffer death, or such less punish- officer, in the ment as is in this Ordinance mentioned.
33. (1) Every person subject to this Ordinance who
(a) Deserts or attempts to desert, and shall be proved to have previously committed a similar offence; or
(b) Persuades, endeavours to persuade, procures or attempts to procure, any person to desert, and shall be proved to have previously committed a similar offence; or
obedience to superior
execution of his office. Punishment for offences in
this section. Repeated desertion.
(c) When belonging to any of His Majesty's Imperial or Repeated Colonial Forces without having first obtained a regular fraudulent discharge therefrom, or otherwise fulfilled the conditions enlistment. enabling him to enlist, enlists in any other of His Majesty's Imperial or Colonial Forces, and shall be proved to have previously committed a similar offence,
shall, on conviction, be liable to suffer penal servitude, or such Punishment less punishment as is in this Ordinance mentioned.
(2) Where an offender has fraudulently enlisted on several section. occasions he may, for the purposes of this section, be deemed to belong to any one or more of the corps to which he has been appointed or transferred, as well as to the corps to which he properly belongs; and it shall be lawful to charge an offender with any number of offences against this section at the same time, and to give evidence of such offences against him, and, if he be convicted thereof, to punish him accordingly.
34. Every person subject to this Ordinance who
(1) Being charged with or concerned in the care or distribution of any public or regimental money or goods, steals, fraudulently misapplies, or embezzles the same, or is concerned in or connives at the stealing, fraudulent misapplication, or embezzlement thereof, or wilfully damages any such goods; or who
(2) (a) When in command of a guard, picquet, patrol, or post, wilfully releases without proper authority any prisoner committed to his charge; or
(b) Wilfully allows to escape any prisoner who is committed to his charge, or whom it is his duty to keep or guard, shall, on conviction, suffer penal servitude, or such less punishment as is in this Ordinance mentioned.
35. Every person subject to this Ordinance who
(1) (a) Without orders from his superior officer leaves his
(b) Forces or strikes a soldier when acting as sentinel; or
(d) Forces a safeguard; or
(e) Leaves his commanding officer for the purpose of committing any offence against the property or person of any inhabitant of or resident in the country in which he is serving; or
(f) Breaks into any house or other place for the purpose of committing any offence against the property or person of any inhabitant of or resident in the country in which he is serving; or
(g) Commits any offence against the property or person of any inhabitant of or resident in the country in which he is serving; or
(h) Does violence to any person bringing provisions or supplies to the forces; or
(i) Irregularly detains or appropriates to his own battalion or detachment any provisions or supplies proceeding to the forces, contrary to any order issued in that respect; or
(j) Being a soldier acting as sentinel, commits any of the following offences, that is to say
(i.) sleeps or is drunk on his post; or
(ii) leaves his post before he is regularly relieved; or who
(2) Strikes or uses or offers any violence to his superior officer Insubordinaor uses threatening or insubordinate language to his tion. superior officer; or who
(3) (a) Strikes or uses or offers violence to any person, whether subject to this Ordinance or not, in whose custody he is placed, and whether he is or is not his superior officer; or (b) Resists an escort whose duty it is to apprehend him or to have him in charge; or
(c) Breaks out of barracks, camp, or quarters; or
(d) Being under arrest or in confinement or in prison or
(4) Disobeys any lawful command given by his superior officer; Disobedience. or who
(5) Neglects to obey any general or garrison or other orders; Neglect to
(6) (a) Deserts or attempts to desert; or
obey garrison or other orders.
(b) Persuades, or endeavours to persuade, procures, or Desertion.
condition enabling him to enlist, enlists in any other
of His Majesty's Imperial or Colonial Forces; or
(e) Having been discharged with disgrace from any part Enlistment of
(f) Is concerned in the enlistment of any man when he
(7) (a) Absents himself without leave; or
(b) Fails to appear at place of parade or rendezvous out leave.
(c) When in camp or garrison or elsewhere, is found
(d) Without leave from his officer, or without due cause