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SUPPLEMENTAL PROVISIONS AS TO DISCIPLINE.
ment of noncommissioned officers.
47. The sentence on a non-commissioned officer for any offence as to punish- shall in no case include corporal punishment, or imprisonment, unless it also includes reduction of the offender to the rank of a private, and in such case the sentence of reduction shall precede and be carried out before that of corporal punishment or imprisonment.
48. No sentence of corporal punishment shall be carried out as to corporal until a period of twenty-four hours has elapsed, and unless under punishment. the superintendence of a medical officer, nor until such medical officer shall certify the physical fitness of the offender to undergo the same, and in relation thereto the said medical officer, if one is available, may give and shall have carried out such orders for preventing injury to health as he may deem necessary, and, in case the said medical officer shall order the punishment to be discontinued, it shall be discontinued accordingly.
Apprehension of deserters.
Provided that on the march, to check looting and offences against the people of the country, flogging may be inflicted without the interval of twenty-four hours.
49. Upon reasonable suspicion that any person is a deserter any non-commissioned officer or private of the Regiment or other person may apprehend him, and forthwith bring him before the District Commissioner of the district wherein he was found, who shall deal with the suspected deserter as if he was brought before him by warrant under the Criminal Procedure Ordinance.
Upon its appearing to such District Commissioner by the testimony of one or more witnesses, or by his own confession, that the accused is a deserter, he shall cause him to be conveyed to the nearest detachment of the Regiment and delivered over to the officer in command thereof, together with an office copy of the proceedings and of the evidence taken by him; and such officer shall deal with the case in accordance with the provisions of this Ordinance.
50. Forfeiture of one good conduct badge and one penny a day good conduct of good conduct pay shall be involved in and deemed a part of any
and pay consequential on certain
(a) Imprisonment or confinement to barracks for more than
(b) Imprisonment with hard labour for any term;
Fine in any sum exceeding five shillings;
(d) Corporal punishment;
and every such forfeiture shall be entered on the offender's defaulter sheet and in the guard report.
If a non-commissioned officer be reduced to the rank of a private, Upon reducor reduced in degree of rank, he shall forfeit one good conduct badge, tion of rank. should he be in possession of the same, and one penny a day of good conduct pay.
The commanding officer in the Regiment may in any case of Inaggravated aggravated offence recommend to the Governor that the offender offences. forfeit all or any good conduct badges and pay that he may be in possession of, or may have earned, and all or any decorations or honorary rewards, and any advantage as to gratuity on discharge which he may have earned by past service, and such effect shall be given to such recommendation as the Governor may determine.
51. Any non-commissioned officer or private who has forfeited Restoration any period of past service qualifying towards good conduct badges, of forfeited extra pay or gratuity may have such service restored to him by the Governor, on the recommendation of his commanding officer, at any time as a reward for conspicuous gallantry in the field or other notable service, or when he has served with uninterrupted good conduct, as shown by his having no entries in the regimental defaulters' book, for two years in case of a first conviction entailing loss of service, for five years in case of a second conviction of the same nature and for seven years case of a third conviction of the same nature, or should circumstances of an aggravated character have attended the offence on account of which his service was forfeited. Such period of probation shall be reckoned from the release of the person convicted from imprisonment or other completion of his punishment and his return to duty.
52. Every officer or other person hereinbefore empowered to Power of inquire concerning offences under this Ordinance shall in any summoning matter touching such inquiries have the power of summoning and examining witnesses on oath or affirmation and calling for documents in any matter before him under this Ordinance, and of adjourning any hearing from time to time.
In every inquiry in which evidence is taken on oath or affirma- Form of tion, the proceedings and evidence shall be recorded in writing, proceedings. and the course of proceeding with respect to the taking of evidence and the conduct of the inquiry shall be as nearly as may be in conformity with the practice prescribed in the Rules of Procedure made under Army Act, 1881.
course of law
53. Nothing in this Ordinance shall be construed to exempt Ordinary any non-commissioned officer or private of the Regiment from being co proceeded against by the ordinary course of law when accused interiered of any crime or offence other than the offences herein before with. mentioned or referred to; and whenever any non-commissioned officer or private of the Regiment is accused of any capital crime or of violence, or of any offence against person or property punishable by the law of the Colony, the commanding officer, officers and non-commissioned officers and privates of the Regiment shall
use their utmost endeavours to cause such persons to be discovered
54. An offender shall not be liable to be tried by court-martial for any offence which has been dealt with summarily by his compunishment manding officer, and shall not be liable to be tried by court-martial
or to be punished by his commanding officer for any offence of
Inducing members of
the corps to desert.
If any non-commissioned officer or private of the Regiment has been convicted by a competent civil Court of any crime or offence he shall not be liable to be punished for the same under this Ordinance, otherwise than by loss of pay under the forty-fourth section, and by reduction to an inferior rank or to the rank of a private, by order of the Governor, in the case of a non-commissioned officer, or by dismissal from the Regiment or by the loss of the whole or any period of his previous service reckoning towards discharge, by order of the Governor, or by loss of all or any of the good conduct badges which he may possess, together with forfeiture of the whole or any part of any good conduct pay of which he is in receipt, by order of the Governor.
55. If any non-commissioned officer or private thinks himself complaint by wronged in any matter by any officer other than his captain, or by any non-commissioned officer or private, and if he thinks himself wronged by his captain either in respect of his complaint not being redressed or in respect of any other matter, he may complain thereof to his commanding officer; and if he thinks himself wronged by his commanding officer either in respect of his complaint not being redressed or in respect of any other matter he may complain to the Governor; and every officer to whom a complaint is made in pursuance of this section shall cause such complaint to be inquired into, and shall, if on inquiry he is satisfied of the justice of the complaint so made, take such steps as may be necessary for giving full redress to the complainant in respect of the matter complained of.
PART IV.-GENERAL PROVISIONS.
LEGAL PENALTIES IN MATTERS RESPECTING THE Regiment.
56. Any person who by any means whatsoever directly or indirectly procures or persuades, or attempts to procure or persuade any non-commissioned officer or private of the Regiment to desert,
or who aids, abets, or is accessory to the desertion of any noncommissioned officer or private of the Regiment, or who, having reason to believe that any man is a deserter, harbours such deserter or aids him in concealing himself, or aids or assists in his rescue, shall be liable to be imprisoned, with or without hard labour, for a term not exceeding six months; and shall in addition be liable to a fine not exceeding ten pounds.
57. Any person who aids, abets, or is accessory to any mutiny, Inciting to sedition or disobedience to any lawful command of a superior mutiny, &c. officer by any non-commissioned officer or private of the Regiment, or maliciously endeavours to seduce any non-commissioned officer or private of the Regiment from his allegiance or duty, shall be punishable with imprisonment, with or without hard labour, for a term not exceeding two years; and shall in addition be liable to a fine not exceeding fifty pounds.
arms, &c. of
58. Any person who shall knowingly detain, buy, exchange, or Unlawful receive from any non-commissioned officer or private of the Regi- possession of ment, or deserter, or any person acting for or on his behalf, or who Regiment; shall solicit or entice any non-commissioned officer or private of penalty. the Regiment, or who shall be employed by any non-commissioned officer or private of the Regiment, or deserter, knowing him to be such, to sell, make away with, or dispose of any arms, ammunition, clothing, accoutrements, medals, or other appointments furnished for the use of the Regiment, or who shall have in his possession any such arms, ammunition, clothing, accoutrements, medals, or appointments, and shall not give a satisfactory account how he came by the same, shall be liable to a penalty not exceeding twenty pounds, together with double the value of all or any of the several articles of which such offender shall so become or be possessed.
59. Whoever, not being a member of the Regiment or being Personating a deserter therefrom, puts on the dress or accoutrements of a penalty. person serving in the Regiment, or part thereof, or any dress intended to simulate that of the Regiment, or part thereof, or any medal or badge which he is not authorised to wear, or takes the name, designation, or character of a person appointed to or serving in the Regiment for the purpose of thereby doing or obtaining to be done any act which he would not be entitled to do, or procure to be done of his own authority or for any other unlawful purpose, shall be liable to be imprisoned, either with or without hard labour, for a term not exceeding six months, or to a fine not exceeding fifty pounds, or to both.
60. All offences under this Ordinance committed by persons Procedure not belonging to the Regiment shall be prosecuted, and all where offences sentences imposed on such person shall be carried into effect, in committed by the manner provided by the Criminal Procedure Ordinance, or
Disposal of fines.
ENFORCEMENT OF CIVIL CONTRACTS.
61. (1) Any non-commissioned officer or private shall be liable sioned officers to be taken out of His Majesty's Colonial service only by process of or privates of the Regiment execution on account of any charge of felony or misdemeanour, or on account of an original debt proved by affidavit of the plaintiff, or of some one on his behalf, to the value of twenty pounds at the least over and above all costs of suit, but not for any original debt not amounting to twenty pounds, nor for the breach of any covenant, agreement, or other engagement, nor for having left or deserted his employer or master, or his contract, work, or labour; and all warrants or other process of execution on account of the matters for which it is herein declared that such noncommissioned officer or private is not liable to be taken out of the said service shall be null and void.
not to be taken from service except for felony, misdemeanour, or debt of twenty pounds or upwards.
Proviso as to the apprentices.
any enactment amending the same, and the amount
Plaintiff may have execution other than personal.
Provided that any bonâ fide apprentice duly bound by indenture in writing for a term of at least three years, who may have enlisted in the Regiment, shall be returned to his master's service if the master shall make application to his commanding officer within sixty days after his enlistment, and shall prove the indenture to the satisfaction of his commanding officer, or before a District Commissioner, and such enlistment shall thereupon be cancelled.
(2) Any plaintiff, upon notice of cause of action first given in writing to the officer under whose command the defendant is serving at the date of service of the writ of summons, may proceed in any action or suit to judgment, and have execution other than against the body of any non-commissioned officer or private, or (except as next after-mentioned) against the pay due or accruing due to him.
Pay of non
(3) The pay of any non-commissioned officer or private due or commissioned accruing to him at the date of any judgment, or afterwards, shall privates of the not be liable to be arrested upon any civil process except in respect Regiment not of any debt or liability which he may have incurred within three arrestable for years next before being appointed to the Regiment, and for such debt: excep- debt or liability, when constituted by decree, his pay may be arrested to an extent not exceeding one-third thereof. Where an order for such arrestment is made, the Court making the order shall give notice thereof to the paymaster, and thereupon the amount ordered shall be stopped out of the judgment debtor's pay until the amount of the decree is made good.