Unlawfully harbouring constables, penalty. Personating, penalty. Regulation of public assem blies and processions. Proclaimed 50. If any retailer, tavern-keeper, or keeper of any house, store, or place for the sale of any liquor, whether spirituous or otherwise, by himself or by any person in his employment, knowingly harbours or entertains any member of the Force, or permits him to abide or remain in his house, store-room, or other place during any portion of the time appointed for his being on duty or service, such retailer, tavern-keeper or keeper of such house, store or place shall for every such offence be liable to a fine which may extend to five pounds. 51. Whoever, not being a member of the Police Force, or being a deserter therefrom, puts on the dress or accoutrements of a person serving in the Police Force, or part thereof, or any dress intended to simulate that of the Police Force, 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 Police Force 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 guilty of an offence punishable with imprisonment, either with or without hard labour, for a term which may extend to six months, or with fine which may extend to fifty pounds, or with both. 52. The Inspector-General may from time to time, subject to the approval of the Governor in Council, make general rules for the conduct of all assemblies and processions in public roads, streets and thoroughfares, for requiring previous notice to be given of the intention to hold such assemblies and processions, and for keeping order and preventing obstruction and overcrowding in the public roads, streets, bridges, thoroughfares, landing-places, open spaces, and places of public resort, whether such places be on public or private land. Provided that it shall be lawful for the Inspector-General, with the sanction of the Governor, to prohibit any assembly or procession in any public road, street, or thoroughfare. 53. The Governor may, if he shall think fit, proclaim by notice in the Government Gazette any town or portion of a town, village or district, and it shall thereupon be lawful for any member of the Police Force to arrest without warrant all persons passing or being upon any street within the proclaimed area after an hour to be named in the said proclamation who shall not be carrying a light or lighted lantern, and in the event of any such person being unable to give a good account of himself he shall be liable on conviction before a District Commissioner or Police Magistrate to a penalty not exceeding five pounds or to imprisonment for fourteen days. Police may be 54. Notwithstanding anything in this Ordinance contained, it called upon to shall be lawful for the Governor from time to time by Order in serve with Council to direct that the Police Force or such number of officers troops or the and members thereof as shall be mentioned in such order shall military force of the Colony. serve with His Majesty's Troops or with the Military Force of the Colony and Protectorate, either within or without the Colony and Protectorate, for such time as shall be stated in such order. Upon such order being made and during such service the said Force or the portion thereof mentioned therein, shall be under the orders. and command of such commanding officer as the Governor shall direct, and be subject in all respects to all laws, ordinances and rules for the time being in force relating to the discipline of the Military Force of the Colony in like manner as if they were part of the said Military Force. a 55. It shall be lawful for any Officer of Police present to pro- Officer may secute in person all prosecutions for offences cognizable before prosecute. District Commissioner or Police Magistrate, whether the information or complaint be laid in his name or not. 56. Every person for the time being serving in the Force shall Members of be deemed a member of the Force and shall have and enjoy all the Force. rights, powers, authorities and immunities conferred on a member of the Police Force by any enactment which is now in force or may hereafter be passed. Every member of the Force shall be a Police Constable in and for the whole Colony and Protectorate thereof, and shall have all such rights, powers, authorities, privileges and immunities and be liable to all such duties and responsibilities as any Constable duly appointed now has, or is subject or liable to, by the common law of England. Force. 57.-(1.) No suit shall be commenced against any member of Protection of the Police Force for anything done by him in the execution of his members of duties as a member of the Force until the expiration of one month after notice in writing has been served on him clearly stating the cause of action, the name and place of abode of the intended plaintiff, and of his solicitor in the case, if any; (2.) On the trial of any such action, the plaintiff shall not be permitted to go into evidence of any cause of action which is not stated in the notice so served; and unless such notice is proved, the Court shall find for the defendant; (3.) Every such action shall be commenced within three months. after the cause of action shall have arisen; (4.) The plaintiff shall not recover if tender of sufficient amends is made within one month after notice of action, or before action brought, by or on behalf of the defendant. The defendant may, by leave of the Court after action brought, and before trial, pay into Court such sum of money as he may think proper; (5) If a verdict passes or judgment is given for the defendant, or if the plaintiff be nonsuited or discontinues the action, the defendant shall be entitled to full costs of suit. Power to make rules for Force. Regulations. 58. The Governor may from time to time by any order make, alter or revoke such rules and regulations consistent with this Ordinance, and subject to the provisions thereof, relative to the said Police Force, as may be necessary for the purpose of preventing neglect or abuse and to render the said Force efficient in the discharge of its duties, and for the discipline, good order and guidance of the Force, for the form and method of appointment of the persons constituting the same and for their general government, with respect to their classification and rank and the service required of them, and their conduct in the performance thereof, and their distribution, posting, and removal from station to station, and their inspection, and the description of the accoutrements, clothing, and other necessaries to be furnished to them, and also with relation to the fiscal duties to be performed by the Officers as well of the Police Force as of the Treasury Department with relation to the said Force. Such order may affix for breach of any of the rules or regulations a penalty of not more than forty shillings or imprisonment for not more than fourteen days, either with or without hard labour. Every such order shall come into operation upon the publication thereof in the Gazette, or at such time as shall be in such order provided, and shall be subject to disallowance by His Majesty. Unless and until revoked or varied in the manner above prescribed the rules and regulations in force at the date of the commencement of this Ordinance shall be and remain in force. CHAPTER XXXV. VOLUNTEERS. 1. This Ordinance 66 (No. 11-1907.) Preliminary. may be cited as "The Volunteer Ordinance.” Short title. 2. In this Ordinance, unless the context otherwise requires,- Organisation of Volunteer Force. Interpretation. may be raised. 3. It shall be lawful for the Governor to accept the services of Volunteer any persons offering their service and desiring to be formed under military force this Ordinance into a Volunteer Corps, and on such acceptance being notified in the Gazette the proposed corps shall be deemed lawfully formed under this Ordinance. 4. All officers appointed under the authority of this Ordinance Precedence of shall take precedence among themselves according to the rules officers. which obtain in that behalf in His Majesty's regular forces while on active service. 5. Every volunteer upon enrolling himself shall sign an engage- Enrolment of ment in the Form A. in the Schedule hereto or to the like effect. volunteers. cnrolment. 6.-(1) Every officer shall, on receiving his commission, and Oath on every volunteer shall, on his enrolment or in either case within one month afterwards, take the oath in the Form B. in the Schedule hereto, before a District Commissioner or any Justice of the Peace, who shall give to the officer or volunteer, on taking the same, a certificate thereof under his hand. (2) Every person who shall contravene the provisions of this section shall be liable to a fine not exceeding two pounds. Right of volunteers conserved. Conditions upon which volunteers may quit their corps. Inspections. Governor in make regu lations. 7. No person who may be enrolled as a volunteer under the authority hereof shall by reason of such enrolment or of any duty, liability, matter or thing, consequent therefrom, lose, forfeit, or be deprived of any right, benefit, share, interest or claim to which he may be at the time of such enrolment, or to which, but for such enrolment, he would have been entitled. (b) 8. A volunteer may, except when on actual military service, quit his corps on complying with the following conditions, namely, (a) Giving to the officer commanding his company one month's notice in writing of his intention to do so; and Delivering up in good order, fair wear and tear only excepted, all arms, clothing and accoutrements being the property of the Government or of his corps; and (c) Paying all money due and becoming due by him under the rules of his corps, at the time of, or by reason of his quitting it; and thereupon he shall be struck off the strength of his corps. 9. The Governor may appoint a person to inspect the force. An annual inspection shall be held by such person at a time and place appointed by the Governor. 10. The Governor in Council may from time to time make such Council may regulations as may seem fit (not being inconsistent with any of the provisions of this Ordinance) respecting the appointment and promotion of officers, and the assembling and proceedings of Courts of inquiry to inquire into and report on any matter connected with the government or discipline of a volunteer corps, and for the full execution of this Ordinance and the general government and discipline of the volunteer force, and may alter or revoke such regulations, and may call for such returns as may from time to time seem requisite; and such regulations and any alterations or revocations thereof shall, when published in the Gazette, have the same force and effect as if the same had been made by Ordinance. Corps may be disbanded. Volunteer called out in certain cases 11. The Governor may disband or discontinue the services of any volunteer corps, or any part thereof, by proclamation to be published in the Gazette, whenever it seems to him expedient to do so. Actual Military Service. 12. It shall be lawful for the Governor in the event of invasion force may be or danger thereof, or of any internal emergency threatening the security of life or property, and to quell which the available civil and military force shall be deemed inadequate, to call out and embody the whole or any part of the volunteer force for actual military service, and to place the same under the command of such officers as he may appoint, for any purpose which he may or actual military service. |