shall be followed in cases where their provisions differ from the Army Act.

The powers of courts-martial and of officers commanding battalions and detachments shall include a power to inflict corporal punishment not exceeding twenty-four lashes, provided that this power shall not be exercised by Commanding Officers when a courtmartial can be assembled.*

25. Upon reasonable suspicion that any person is a deserter, any member of the force or other person may apprehend him, and forthwith bring him before the Magistrate for the district wherein he was found, who shall deal with the suspected deserter as if he were brought before him by warrant under "The Africa Order in Council, 1889." Upon its appearing to such Court by the testimony of one or more witnesses, or by the confession of the accused, that the accused is a deserter, the Court shall cause him to be conveyed to the nearest detachment of the force and delivered over to the officer in command thereof, together with an office copy of the proceedings, and of the evidence taken by the Court, and such officer shall deal with the case in accordance with the provisions of this Ordinance.

V.-Offences relating to Members of the Force.

26. Any person who by any means directly procures or persuades, or attempts to procure or persuade, any member of the force to desert, or who aids, abets, or is accessory to the desertion of any member of the force, or who, having reason to believe that any man is a deserter from the force, harbours such deserter, or aids him in concealing himself, shall be punished with imprisonment, with or without hard labour, for a term not exceeding six months, and shall, in addition, be liable to a fine not exceeding 107.

27. Any person who aids, abets, or is accessory to any mutiny, sedition, or disobedience to any lawful command of a superior officer, by any member of the force, or endeavours to seduce any member of the force from his allegiance or duty, shall be punished 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 501.

28. Any person who assaults, or resists, or aids, or incites any other person to assault or resist any officer or private of the force in the execution of his duty shall be liable to a fine not exceeding 207., or may be tried and punished upon information for a misdemeanour.

29. If the keeper of any house or place for the sale of liquor, whether spirituous or otherwise, by himself or by any person in his

See Order of September 21, 1899, amending this section, page 1169.

employment, knowingly harbours or entertains any native officer, non-commissioned officer, or private of the force, or permits him to abide or remain in his house, or store-room, or other place, during any portion of the time appointed for his being on duty or service, the keeper of such house or place shall for every such offence be liable to a fine not exceeding 51.

30. Any person who shall knowingly detain, buy, exchange, or receive from any member of the force, or deserter, or any person acting for or on his behalf, or who shall solicit or entice any member of the force, or who shall be employed by any member of the force, 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 force, or who shall have in his possession any such arms, ammunition, clothing, accoutrements, medals, or appointments, and shall not give a satisfactory account as to how he came by the same, shall be liable to inprisonment with hard labour for a period not exceeding twelve calendar months, or to a fine not exceeding 201

31. Whoever, not being a member of the force, or being a deserter therefrom, puts on the dress or accoutrements of a person serving in the force, or part thereof, or any dress intended to simulate that of the force or part thereof, or any medal or badge which he is not authorized to wear, or takes the name, designation, or character of a person appointed to or serving in the 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, with or without hard labour, for a term not exceeding six months, or with a fine not exceeding 501., or with both.

VI.-Execution of Sentences.

32. Any sentence of imprisonment, or of imprisonment with hard labour, imposed upon any member of the force for any offence under this Ordinance, may be carried out in any prison, or in any lock-up house or cells which for that purpose may be attached 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 the force 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 Commandant or senior officer present

or Protectorate officer imposing the sentence, which order shall specify the offence, and the period of imprisonment, or of imprisonment with hard labour.

Every person whilst undergoing such sentence of imprisonment, or imprisonment with hard labour, shall be deemed and dealt with as a criminal prisoner.

33. No pay shall accrue or become due to any member of the force 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.

34. Except as in this section provided, no sentence of corporal punishment imposed under this Ordinance shall be carried out except in the presence and under the directions of a medical officer, who shall first certify that, in his opinion, the offender is in a tit state to undergo the same.

Where it is impracticable to obtain the presence of a medical officer, the duties imposed by this section shall devolve upon the senior officer of the force present at the station or place.

35. All fines imposed upon members of the force for offences under this Ordinance shall be recovered by stoppages from the offender's 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 least two-thirds of his daily pay.

When more than one order of stoppage is made upon the same person, the order or orders later in date shall, if necessary, be postponed as to their enforcement until the earlier orders are discharged.

36. All fines recovered from members of the force shall be paid over to the Treasury of the Protectorate, to be applied towards a fund for the benefit of members of the force, subject to such regulations as the Commissioner may approve.

37. All offences under this Ordinance committed by persons not members of the force shall be prosecuted, and all sentences imposed

on such persons shall be carried into effect in manner provided by "The Africa Order in Council, 1889," and the amount of any fines recovered shall be disposed of as therein directed.

VII.-Miscellaneous.

38. Any native officer, non-commissioned officer, or private serving in the force shall be liable to be taken out of such service only by process or execution on account of any charge of felony or misdemeanour:

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 force, shall be returned to his master's service if the master shall make application to the Commandant within sixty days after his enlistment, and shall prove the indenture to the satisfaction of the Commandant, or before a Sub-Commissioner or District Officer of the Protectorate, and such enlistment shall thereupon be cancelled.

39.-(1.) Any plaintiff, upon notice of the 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 to judgment, but shall not be entitled to have the defendants arrested and imprisoned in default of sufficient distress, or to have execution against the pay due, or accruing due, to the defendant (except as next after mentioned).

(2.) The pay of any native officer, non-commissioned officer, or private of the force due or accruing to him at the date of any judgment, or afterwards, shall not be arrestable upon any civil process, except in respect of any debt or liability which he may have incurred within one year next before being appointed to, or his enlistment in, the force; and for such 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 to the extent aforesaid until the amount of the decree is made good.

40. Soldiers of the Indian army may be temporarily attached to the force for such periods and on such terms as regards pay, gratuities, and otherwise as may be sanctioned by the Government of India; and all such soldiers shall during their service in the Protectorate be subject to the provisions of the same military laws (with all necessary modifications) to which they would be subject in

India.

Subject as aforesaid, soldiers of the Indian army while so

attached shall be deemed to be members of the Uganda Military Force.

ORDER granting authority to the Court in the Uganda Protectorate to impose Sentences of Imprisonment with Hard Labour.- London, September 9, 1899.

IN exercise of the powers conferred by Article 110 of "The Africa Order in Council, 1889,"* I hereby direct that where, under the said Order, or any law of England, or of India, or of any African possession of Her Majesty, for the time being in force in the Uganda Protectorate, it is provided that a person may be sentenced to penal servitude, transportation, rigorous imprisonment, or any form of imprisonment other than simple imprisonment, for any period, the Court may (subject to any provisions of the said Order, or otherwise, limiting its jurisdiction) sentence such person to imprisonment with hard labour for any period not exceeding the specified or maximum period.

Foreign Office, September 9, 1899.

SALISBURY.

ORDER amending Section 24 of "The Uganda Military Force Ordinance, 1899."-London, September 21, 1899.

IN pursuance of Article 15 of "The Africa Order in Council, 1889,"* I hereby order that "The Uganda Military Force Ordinance, 1899,"+ shall be amended by the addition of the following paragraphs to section 24 of that Ordinance, that is to say :

"When it appears to the Officer commanding a military district to be impracticable to assemble a court-martial for the trial of a prisoner, he may himself deal with the case, and award such punishment, not exceeding eighty-four days' imprisonment with hard labour, as may be awarded by a district court-martial.

"In this case, however, the officer shall forward all the papers relating to the case to the Commandant for confirmation or otherwise of the sentence, together with a statement of the reasons which made the assembly of a court-martial impracticable.

* Vol. LXXXI, page 301.

[1898-99. XCI.]

4 F

+ Page 1159.