require to carry out, and to keep the same embodied for such period as he may deem requisite, or at his discretion again to disembody them, provided that the force shall not be employed outside the limits of the Colony and Protectorate; and such volun- Rations, &c. teers during the time they be so embodied, shall be rationed, to be supplied. supplied, paid and maintained by the Government in such manner and at such rates as may be determined by the Governor in Council, and shall be subject to the rules and regulations named in the Army Act for the time being in force: provided that it shall be Governor lawful for the Governor to remit any punishment awarded either may remit in whole or in part. punishment. Discipline. 13. With respect to the discipline of officers and volunteers the Discipline, following provisions shall take effect when they are not on actual how to be military service: (1) The commanding officer of a corps may, subject to the approval of the Governor, discharge from the force any volunteer, and strike him off the strength of his corps, either for disobedience of orders by him while doing any duty with the corps, or for neglect of duty or misconduct by him, as a member of the corps, or for other sufficient cause, the existence and sufficiency of such causes respectively to be judged of by the commanding officer. The volunteer so discharged shall nevertheless be liable to deliver 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, issued to him, and to pay all money due or becoming due by him, under the rules of his corps, at the time or by reason of his discharge. (2) If any officer or volunteer while under arms or on march or duty with the corps or any portion thereof, or while engaged in any military exercise or drill with the corps or any portion thereof, or while wearing the clothing or accoutrements of the corps and going to or returning from any place of exercise or assembly of the corps, disobeys any lawful order of any officer under whose command he then is, or is guilty of misconduct, the officer then in command of the corps or any superior officer under whose command the corps then is, may, if the offender is an officer, order him into arrest, and if he is not an officer order him into the custody of any volunteer belonging to the corps, but so that the offender be not kept in such arrest or custody longer than the time during which the corps or such portion thereof, as aforesaid, then remains under arms, or on march or on duty, or assembled, or continues engaged in any such military exercise or drill, as aforesaid. maintained. Power for Rules and Property of Corps. 14. The officers and volunteers of a volunteer corps may from corps to make time to time by a committee composed of all the officers of the rules subject corps and not less than two volunteers to be elected out of each to the approval of company by the volunteers of such company, make rules for the the Governor. management of the property, finances and civil affairs of the corps, and for securing the efficiency of the members of the corps, and may in such rules define offences and fix the punishments therefor by fine not exceeding one pound, and may alter or revoke such rules; but any such rules, alterations or revocations, shall not have effect unless and until the commanding officer of the corps thinks fit to transmit the same for the approval of the Governor, and such approval has been notified by the Governor to the commanding officer of the corps, to be by him forthwith communicated to the corps, whereupon the rules shall be binding on all members of the Property of corps to vest in the corps. 15. (1) All money subscribed by or to or for the use of a corps and all effects belonging to the corps and the exclusive right to sue commanding for and recover all property due to the corps under the rules of the corps shall vest in the commanding officer for the time being, and all such moneys and effects shall be used and applied to such purposes as may be directed by the rules of the corps. officer. Commanding officer may appear by adjutant, or other officer. Wrongful sale, &c. of property of force. Wrongful purchase, &c. of property of force. Arms and accoutrements. (2) In any proceeding for the recovery of any fine or property the commanding officer may appear by the adjutant, or an officer of the corps authorized in writing under the hand of such commanding officer. 16. If any person designedly makes away with, sells, pawns, wrongfully destroys or wrongfully damages, or negligently loses, anything issued to him as a volunteer, he shall be liable for the cost price thereof and to a fine not exceeding five pounds. 17. Whoever knowingly buys or takes in exchange from any volunteer or any person acting on his behalf, or solicits or entices any volunteer to sell or pawn or knowingly assists or acts for any volunteer in selling or pawning or has in his possession or keeping, without satisfactorily accounting for the same, any arms, ammunition, clothing or accoutrements being the property of the Government or of his corps, shall be liable to a fine not exceeding twentyfive pounds. Miscellaneous Provisions. 18. The arms, clothing and accoutrements of the volunteer force shall be of a description and pattern which shall be approved by the Governor and shall be furnished to each volunteer by the Government, and any such arms clothing and accoutrements shall be and remain the property of the Government, and shall be produced, exhibited and given up to any person authorised by the Governor to inspect or receive the same. 19. Any person having in his possession any of arms clothing Persons or accoutrements, who shall refuse or neglect, when lawfully refusing to give up arms required, to deliver the same to the person duly appointed to liable to receive the same, shall be liable to a fine which may extend to two punishment. pounds plus the original value of the article withheld: provided Proviso. nevertheless, that the Government shall in any such case, be at liberty to elect to proceed either civilly or criminally. how 20. All fines and penalties which may be incurred under this Fines and Ordinance or any rules and regulations made thereunder shall be penalties recoverable by warrant of distress and sale under the hand of the recoverable. officer or District Commissioner inflicting the same and the provisions of the Criminal Procedure Ordinance shall be deemed to apply to the execution of such warrants and to commitment for want or in lieu of distress: provided that in no case except in Proviso as to offences under section 17 shall any commitment be for a longer imprisonperiod than twenty days, and that every such warrant of distress and sale shall be addressed to the Sheriff of the Colony of Southern Nigeria and may be executed by any police constable. ment. 21. All fines incurred and recovered under any rules made Fines to be under section 14 shall be paid to the commanding officer of the paid to commanding corps and shall be applied to such purposes, if any, as shall be officer. directed concerning the same by such rules, or, in the absence of any such directions, shall be paid to the Treasurer and applied in aid of the general revenue. 22. All fines incurred and recovered under this Ordinance other Application than those mentioned in the preceding section shall be paid to the of fines Treasurer and be applied in aid of the general revenue. incurred I SCHEDULE. Engagement to be signed by Volunteer (section 5). hereby engage to serve in the Volunteer Force within the Colony or Protectorate of Southern Nigeria under the provisions of the Volunteer Ordinance for the defence and protection of the same, until incapacitated by age, infirmity, or otherwise, S.N.-VOL. I. H H unless I shall sooner resign, be discharged, or quit the Colony and Protectorate. I, A.B., do sincerely promise and swear that I will be faithful and bear true allegiance to His Majesty King Edward VII., his heirs and successors and that while residing in the Colony or Protectorate of Southern Nigeria I will serve His Majesty for the defence of the same against all His enemies and opposers whatsoever, according to the conditions of my service. CHAPTER XXXVI. UNIFORMS. (No. 2-1895.) 1. This Ordinance may be cited for all purposes as "The Uniforms Title and Ordinance," and shall extend to the Colony and Protectorate. extent. be worn 2. It shall not be lawful for any person not serving in His Military uniMajesty's Military Forces, or in the Civil Police Force of the forms not to Colony, to wear without the permission of His Majesty or of the without Governor the uniform of any of those forces, or any dress having authority. the appearance or bearing any of the regimental or other distinctive marks of any such uniform. (2 of 1895, s. 2.) Further it shall not be lawful for any person not holding any office or authority under the Government of the Colony to wear without the permission of His Majesty or of the Governor, any uniform or distinctive dress badge or mark calculated to convey the impression that such person holds any office or authority under the Government of the Colony. (11 of 1897, s. 2.) Provided that this enactment shall not prevent any person from wearing any uniform or dress in the course of a stage play or in any bona fide public entertainment. If any person contravenes this section he shall be liable on summary conviction to a fine not exceeding five pounds or to imprisonment with or without hard labour not exceeding three months. (2 of 1895, s. 2.) contempt on 3. If any person not serving in His Majesty's Naval or Military Penalty for Forces, or in the Civil Police Force of the Colony, wears without the bringing permission of His Majesty or of the Governor the uniform of any uniform. of those forces, or any dress having the appearance or bearing any of the regimental or other distinctive marks of any such uniform in such manner, or under such circumstances, as to be likely to bring contempt upon that uniform, or employs any other person so to wear that uniform or dress, he shall be liable on summary conviction to a fine not exceeding ten pounds or to imprisonment with or without hard labour for a term not exceeding one month. 4. In any proceedings taken under the second and third sections Proof of of this Ordinance it shall lie upon the defendant to prove that he permission has the permission of His Majesty or of the Governor to wear any defendant. such uniform or dress. to be on |