he has served with uninterrupted good conduct (as shown by his having no entries in the 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 in 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 periods 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. (3 of 1879, s. 37.) 40. The Governor may, if he thinks fit, at any time and from Trial with time to time order that all or any of the powers by this Ordinance assessors. vested in the Inspector-general for the investigation and punishment of aggravated or repeated offences shall be exercised with the aid of assessors named and appointed by the Governor, and being not less than two in number upon any trial. Such order may extend and apply to a particular charge only, or to any class or classes of offences, or to all offences or any class or classes of offences which may be inquired of within the period or at the place or places to which the order relates, and the Governor may alter or revoke any such order, as he may see fit: Upon every inquiry with the aid of assessors the opinion of each Procedure. assessor shall be given orally in the inverse order of their rank, and shall be recorded on the proceedings. The decision shall be vested in the Inspector-general. Any assessor dissenting from any decision of the Inspector-general, or from any punishment awarded by him, shall record on the proceedings his dissent and the grounds thereof. (3 of 1879, s. 38.) Governor. 41. No sentence, whether awarded by the Inspector-general or Sentences to by the Inspector-general with assessors, imposing on a Sub-officer be revised by or Private any further or greater punishments than are authorized by sections thirty and thirty-one of this Ordinance, and no sentence on a Native officer, shall be carried into effect until a report shall have been made of the whole proceedings to the Governor. The Governor may direct that the sentence shall be carried into effect or may remit unconditionally any punishment awarded, or commute such punishment into any other punishment which he considers of inferior degree, as he may think fit, and the sentence shall be carried into effect, remitted, or commuted in accordance with such direction. (3 of 1879, s. 39.) 42. Every officer herein before empowered to inquire concerning Power of offences under this Ordinance shall in any matter touching such summoning inquiries have the powers of a District Commissioner under the witnesses. Supreme Court Ordinance, 1876, 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: Form of proceedings. False evi In every such inquiry the proceedings and evidence shall be recorded in writing, 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 by the Criminal Procedure Ordinance, 1876, for the summary trial of offences. (3 of 1879, s. 40.) 43. Any person, whether a member of the constabulary or not, dence perjury. who shall wilfully give false evidence concerning the subject matter of any such inquiry shall be guilty of perjury, and be liable to be prosecuted and punished accordingly. (3 of 1879, s. 41.) Ordinary course of law not to be interfered with. Persons acquitted by court not punishable on same charge under Ordinance; nor, if convicted by court, punish able under Ordinance, except by reduction, &c. Inducing constables to desert. 44. Nothing in this Ordinance shall be construed to extend to exempt any Officer, Native officer, Sub-officer, or Private of the constabulary from being proceeded against by the ordinary course of law when accused of felony or of any crime or offence other than the offences herein before mentioned or referred to; and whenever any member of the constabulary 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 Inspector-general and other officers and constables shall use their utmost endeavours to cause such persons to be discovered and secured and delivered over to be tried in the ordinary course of justice. (3 of 1879, s. 42.) 45. No person having been acquitted by a court of ordinary jurisdiction of any crime or offence shall be tried on the same charge or suffer any punishment on account thereof under this Ordinance; If any member of the constabulary has been convicted by a court of ordinary jurisdiction 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 fifty-third 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 Native officer or Sub-officer, or by dismissal from the constabulary, or by the loss of the whole or any period of his previous service reckoning towards discharge, by order of the Governor, or by the loss of the whole or any goodconduct 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. (3 of 1879, s. 43.) OFFENCES RELATING TO CONSTABLES. 46. Any person who by any means whatsoever directly or indirectly procures or persuades or attempts to procure or persuade any member of the constabulary to desert, or who aids, abets, or is accessory to the desertion of any member of the constabulary, or who, having reason to believe that any man is a deserter from the constabulary, harbours such deserter or aids him in concealing himself, shall be punished with imprisonment, with or without hard labour, for a term which may extend to six months, and shall in addition be liable to fine which may extend to ten pounds. (3 of 1879, s. 44.) 47. 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 member of the constabulary, or maliciously endeavours to seduce any member of the constabulary from his allegiance or duty, shall be punishable with imprisonment, with or without hard labour, for a term which may extend to two years; and shall in addition be liable to fine which may extend to fifty pounds. (3 of 1879, s. 45.) 48. Any person who assaults or resists, or aids or incites any Resisting conother person to assault or resist, any Officer, Native officer, Sub- stables in their duty; officer, or Private of constabulary in the execution of his duty, penalty. shall be liable to a fine which may extend to twenty pounds, or may be tried and punished upon information for a misdemeanor. (3 of 1879, s. 46.) 49. If any retailer, tavern-keeper, or keeper of any house, store, Unlawfully harbouring or place for the sale of any liquor, whether spirituous or otherwise, constables; by himself or by any person in his employment, knowingly penalty. harbours or entertains any Native officer, Sub-officer, or Private of the constabulary, 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, tavernkeeper, or keeper of such house, store or place shall for every such offence be liable to a fine which may extend to five pounds. (3 of 1879, s. 47.) arms, &c. of 50. Any person who shall knowingly detain, buy, exchange, or Unlawful receive from any member of the constabulary, or deserter, or any possession of person acting for or on his behalf, or who shall solicit or entice any constabulary; member of the constabulary, or who shall be employed by any penalty. member of the constabulary, or deserter, knowing him to be such, to sell, put away, or dispose of any arms, ammunition, clothing, accoutrements, medals, or other appointments furnished for the use of the constabulary, 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 incur a penalty which may extend to 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. (3 of 1879, s. 48.) 51. Whoever, not being a member of the constabulary, or being Personating a deserter therefrom, puts on the dress or accoutrements of a person constable; serving in the constabulary, or part thereof, or any dress intended penalty. to simulate that of the constabulary, or part thereof, or any medal or badge which he is not authorized to wear, or takes the name, Execution of sentences of imprisonment. Gaolers to carry out sentences on order of Inspectorgeneral, &c. Persons undergoing designation, or character of a person appointed to or serving in the constabulary 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. (3 of 1879, s. 49.) EXECUTION OF SENTENCES. 52. Any sentence of imprisonment, or of imprisonment with hard labour, imposed upon any member of constabulary for any offence under this Ordinance, may be carried out in any prison within the meaning of the Prisons Ordinance, 1876, or in any lock-up house or cells which for that purpose the Governor may think fit to attach to any fort or barracks. A sentence passed upon any person subject to this Ordinance shall be in no respect affected by such person ceasing to be subject to this Ordinance by discharge or otherwise. Every gaoler shall receive into his custody and carry out the sentence upon any member of constabulary sentenced to imprisonment, or imprisonment with hard labour, for any offence under this Ordinance, upon an order in writing in that behalf being delivered to him under the hand of the Inspector-general or of the Officer or District Commissioner imposing the sentence, which order shall specify the offence and the period of imprisonment, or of imprisonment with hard labour. Every person whilst undergoing any such sentence of imprisonment, or imprisonment with hard labour, shall be deemed and dealt deemed crimi- with as a criminal prisoner. (3 of 1879, s. 50.) sentences nal prisoners. Pay not to accrue during imprisonment under sentence; Rule if detained for trial and acquitted. Fines to be recovered from constables by stoppages; Amount of stoppages; 53. No pay shall accrue or become due to any member of the constabulary in respect of any period during which he is undergoing any sentence of imprisonment, imprisonment with hard labour, or penal servitude, or is detained in prison awaiting any trial which results in his conviction either for any offence against discipline, or for any felony or other offence of whatsoever nature. Where he is detained in prison awaiting any trial which results in his acquittal, there shall be deducted from his pay accruing during such detention a sufficient amount to defray the expense of his diet and maintenance in prison, but no other deduction shall be made. (3 of 1879, s. 51.) 54. All fines imposed upon members of the constabulary for offences under this Ordinance shall be recovered by stoppages from the offenders' pay due at the time of committing such offence, or thereafter accruing due, and not from any other source or in any other manner; The amount of stoppage in respect of any fine shall be in the discretion of the officers authorized to impose fines, in no case exceeding one-third of the daily pay of the offender, and whenever more than one order of stoppage for any cause is in force against the same person, so much only of his pay shall be stopped as shall leave him a residue of at the least two-thirds of his daily pay. stable under more than one Where more than one order of stoppage is made upon the same Where conperson the order or orders later in date shall, if necessary, be postponed as to their enforcement until the earlier orders are discharged. order of stop(3 of 1879, s. 52.) page, later orders may be postponed. Application of 55. All fines recovered from members of the constabulary shall be paid over to the Treasurer, and be applied towards forming a fines on fund for rewards and gratuities to members of the constabulary for constables. good conduct, good service, and otherwise, subject to such regulations under this Ordinance as from time to time shall be in force. (3 of 1879, s. 53.) committed by 56. All offences under this Ordinance committed by persons not Procedure members of the constabulary shall be prosecuted, and all sentences where offences imposed on such persons shall be carried into effect in manner other persons; provided by the Criminal Procedure Ordinance, 1876, or any enactment amending the same, and the amount of any fines re- Application covered shall be paid into the Public Treasury of the Settlement of fines. where the fine is imposed, and form part of the public revenue thereof. (3 of 1879, s. 54.) MISCELLANEOUS. taken from 57. Any Native officer, Sub-officer, or Private serving in the Constables constabulary shall be liable to be taken out of such service only by not to be process or execution on account of any charge of felony or mis- service except demeanor, or on account of an original debt proved by affidavit of for felony, the plaintiff, or of some one on his behalf, to the value of twenty misdemeanor, or debt of £20 pounds at the least over and above all costs of suit, but not for or upwards. 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 Native officer, Sub-officer, or Private is not liable to be taken out of the said service, shall be null and void: Provided that any bonâ fide apprentice duly bound by indenture Proviso as to in writing for a term of at least three years who may have enlisted apprentices. in the constabulary shall be returned to his master's service if the master shall make application to the Inspector-general within sixty days after his enlistment, and shall prove the indenture to the satisfaction of the Inspector-general or before a District Commissioner, and such enlistment shall thereupon be cancelled: Any plaintiff, upon notice of the cause of action first given in Plaintiff may have execu |