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to be imprisoned with or without hard labour for a
(2) If the conviction shall be before a Court of Magistrate,
(3) If the conviction shall be by a Board of Officers, such
Powers of officer
9. In case any non-commissioned officer or private shall offend against any such regulation as aforesaid, it shall be lawful commanding to stop for any officer commanding a troop, or any officer commanding pay for breach of a detachment of the said force, to stop from the pay of such offender any sum not exceeding five pounds, or to sentence him to imprisonment with or without hard labour for any period not exceeding fourteen days, or to sentence him to such punishment as may be provided on that behalf in any such regulation as aforesaid, or such officer may take proceedings for the purpose of such offender being tried under the eighth section of this proclamation; provided that any officer who shall try any offender under the provisions of this section shall forthwith after such trial forward the proceedings in, and full particulars of, the case to the field officer commanding the wing in which such offender is serving.
How charges of breach of regulations
10. Upon any member of the force being charged with having committed any of the offences in this proclamation mentioned, to be dealt with. the charge, in case the offence shall not have been summarily dealt with under the last preceding section, shall be forthwith reported to the officer in command of the troop or detachment to which such offender is then attached, who shall thereupon forthwith report the particulars of the case to the field officer of his wing of the force, who shall, having regard to the said particulars and the nature and magnitude of the offence, direct whether the offender shall be proceeded against before a Board of Officers as aforesaid, before the Court of Magistrate having jurisdiction in the case, or (as to offences in the eighth section hereof mentioned) before a superior Court as aforesaid: Provided that nothing herein contained shall prevent the said officer or the field officer from ordering the discharge of any prisoner in case it appears to him that there are not sufficient grounds for putting such prisoner upon his trial; and if the proceedings are directed to be before a superior Court, or before a Court of Magistrate, they shall be the same in all respects as in the case of an ordinary offender or supposed offender against
the law, and the said offender shall be in the same plight and condition as any other person charged with a criminal offence.
11. The Board of Officers herein before mentioned shall consist of not less than three officers of the said force, of whom the field officer commanding the wing in which the accused is serving may be one; and the said officers shall be selected and summoned by the said field officer. The said field officer, if present, and if not, the senior officer present, shall be the President of such Board, and the decision of the majority of the members of such Board shall be deemed to be the decision of such Board; Provided that, in case the members of the said Board shall be equally divided in opinion, the decision of the President shall be deemed to be the decision of the Board; Provided that in any district where a Magistrate has not been appointed, and it may not be practicable to summon a Board of Officers as aforesaid, the said field officer may by himself exercise the jurisdiction of such Board, as provided by section 8, sub-section 3 hereof.*
12. The proceedings before and at any trial by a Board of Officers shall, except as otherwise herein mentioned, as near as may be, be the same as those prescribed for criminal proceedings before the Lower Courts; and all the evidence which may be given before such Board shall be taken down in writing by the President or by order of the said President by a shorthand writer duly sworn by the said President, who shall extend the same in ordinary writing, and his testimony shall at some time thereafter be read over to the witness and signed by him; the said President shall also swear the witnesses, and any person so sworn who shall wilfully and corruptly give false evidence before any such Board shall be deemed to be guilty of the crime of perjury, and upon conviction thereof shall suffer any punishment by law provided for that crime.
13. Every person who may be required to give or produce evidence in any case pending before any such Board shall be summoned, in writing, by any officer of the said force; and all witnesses so duly summoned, who shall not attend, or attending shall refuse to be sworn, or being sworn shall refuse to give evidence, or not produce the documents under their power or control required to be produced by them, or to answer all such questions as the said Board may legally demand of them, shall be liable to be dealt with by such Board in like manner as if such witness had been a witness duly summoned to appear before a Magistrate in a criminal case pending in the Court of such Magistrate.
14. When and as often as any such Board as aforesaid shall sentence any offender under this Proclamation to be imprisoned, with or without hard labour, for any period exceeding fourteen days, or to pay a fine exceeding one pound, the President of such Board shall forthwith, after pronouncing such
The last proviso to sect. 11 is inserted by virtue of an amending Proclamation (No. 1 of 1901).
sentence, transmit the original proceedings in the case, together with such remarks, if any, as he may desire to append to the *Commandant-General.
15. All offenders arrested for any offence under this Proclamation, and all offenders sentenced to imprisonment by offenders. an officer or Board of Officers as aforesaid, may be imprisoned in any building set apart as a guard-room or police prison by order of the field officer commanding: Provided that, in case the sentence shall exceed fourteen days' imprisonment, with or without hard labour, the person convicted shall be removed to the nearest public gaol, there to undergo such sentence, and when so removed he shall be in the same plight and condition as if the sentence had been a sentence of one of the ordinary Courts of Law of the Transvaal or Orange River Colony: And provided also, that so long as any man shall be imprisoned in any guardroom or prison as aforesaid, the same shall as to such offender be deemed to be a public gaol, but every Board of Officers aforesaid and the Magistrate of the district shall have the like jurisdiction and powers as to offences committed by any such prisoner while imprisoned in any such guard-room prison as are given to the Magistrate of the district, as to the public gaols within his district.
16. No period during which any offender shall be imprisoned for any offence for which he shall be afterwards convicted, or during which he shall be imprisoned under a sentence of any Court or Board as aforesaid, shall be reckoned for any purpose as part of the period of the service of such offender unless the Court or Board aforesaid ordering such imprisonment shall otherwise direct.
Period of imprisonment not to be reckoned in period
17. Nothing in this Proclamation contained shall prevent Prosecution under any offender from being prosecuted otherwise than under the this Proclamation provisions of this Proclamation in all cases in which he would not a bar to prosecuby law, without this Proclamation, be liable to such prosecution; but no member of the said force acquitted or convicted of any crime or offence under the provisions of this Proclamation, shall be liable to be again tried for the same crime or offence: Provided that nothing herein contained shall prevent a member of the said force who has been convicted from being dismissed from the said force or reduced in rank therein by an officer empowered to dismiss.
* Clerical error for Inspector-General. (See Correction of Errors in Laws Ordinance, 1904).
18. It shall be lawful for the said field officers, respectively, to suspend, degrade, or dismiss from his employment any non- officers to suspend, dismiss, &c. commissioned officer or private whom he shall think remiss or negligent in the execution of his duty, or otherwise unfit for the same; and when any such non-commissioned officer or private shall be so dismissed, or shall otherwise cease to belong to the said force, all powers and authorities vested in them by virtue of this Proclamation shall cease and determine Provided, however, that no sentence of dismissal
Penalty on liquor dealers for harbouring members of force.
shall take effect unless and until the same be confirmed by the Inspector-General of the South African Constabulary or officer acting for the time being in that capacity.
Rewards and compensation.
19. *If any licensed or unlicensed dealer in wines and spirits, or any intoxicating liquors, shall knowingly harbour or entertain any man belonging to the said force, or permit such man to abide or remain in his house, shop, room or other place, during any part of the time appointed for his being on duty elsewhere, every such dealer shall, for a first offence, forfeit and pay any sum not exceeding ten pounds, to be recovered in a summary way; and for a second or subsequent offence shall be liable, besides such penalty, to imprisonment for any period not exceeding one month with or without hard labour.
Penalties for con
20. If any person shall, in consequence of any sale, pledge, travening Clause 17 or other disposition made by any member of the said force, in contravention of paragraph No. 17 of the schedule to this Proclamation, knowingly receive or have any animal, article, matter, or thing in the said section mentioned, such person shall incur and be liable to a fine not exceeding twenty pounds, and, in default of payment thereof, shall be liable to be imprisoned and kept at hard labour for any period not exceeding three months unless such fine be sooner paid.
Sale or pledge of
21. No animal, article, matter or thing mentioned in certain articles for paragraph seventeen in the schedule to this Proclamation, and therein forbidden to be sold, pledged, or otherwise disposed of, shall be capable of being seized or attached by or under writ of execution which may be sued out against any member of the said force, nor shall the same pass by or any order made for the sequestration of the estate of any such member.
22. It shall be lawful for the Governor to award, to any of the men belonging to the said force, such sum of money as to him shall seem meet, as a reward for extraordinary diligence or exertion, or as a compensation for wounds or severe injuries received in the performance of their duty, or as an allowance to such of them as shall be disabled by bodily injury received, or shall be worn out by length of service.
Limitation of ac
23. For the protection of persons acting in the execution of tions against mem- this Proclamation, all actions and prosecutions to be commenced
bers of the force.
against any person for anything done in pursuance of this Proclamation shall be commenced within four calendar months after the cause of action shall have arisen, or offence be committed, and not otherwise; and notice in writing of such action and of the cause thereof, shall be given to the defendant one calendar month, at least, before the commencement of the action; and if a verdict shall be given for the defendant, or the plaintiff be non-suited, or discontinue any such action after issue joined, or if, upon exception, or otherwise, judgment shall
* This section is repealed by the Liquor Licensing Ordinance (Ord. 32 of 1902), sect. 56 of which deals with the matter.
be given against the plaintiff, the defendant shall recover his full costs as between attorney and client.
24. Any officer, non-commissioned officer, or other member of the South African Constabulary who, by his negligence, causes any loss or damage to Government property under his charge or control, shall be liable to make good such loss or damage, over and above any penalty imposed by this Proclamation, or by any regulation thereunder framed. If the loss amounts to five pounds, or less, the matter may be investigated by any officer commanding a troop or detachment, who may impose a fine to the amount of five pounds, or sentence him to imprisonment with or without hard labour for a period not exceeding fourteen days; but if the loss amounts to more than five but less than twenty pounds it must be dealt with by a Magistrate or Board of Officers, who can impose a fine to the amount of the loss, or sentence him to a term of imprisonment with or without hard labour for a period not exceeding six months; and if the loss be more than twenty pounds it must be dealt with by a Superior Court, which can impose a fine to the extent of the loss, or sentence him to a term of imprisonment with or without hard labour for a period not exceeding one year.
SCHEDULE OF OFFENCES REFERRED TO IN THIS
1. Beginning, inciting, causing, or joining in any mutiny or sedition.
2. Being present at any mutiny or sedition, and not using his utmost endeavour to suppress the same.
3. Conspiring with any other person to cause a mutiny or sedition.
4. Knowing of any mutiny or sedition, and not without delay giving information thereof to his immediate commanding officer.
5. Striking or offering violence, or using threatening or insubordinate language to a superior officer in the force, being in the execution of his duty.
6. Disobeying the lawful command of a superior officer in the force.
7. During the period for which he shall have engaged to serve in the said force deserting from the same or refusing to serve therein, or advising or persuading any other member of the said force to desert from the same, or knowingly receiving or entertaining any deserter, and not immediately on discovery giving information to his commanding officer, or taking other means to cause such deserter to be apprehended.
8. Misbehaving before the enemy, or shamefully abandoning or delivering up any fort, post, camp, station, or guard committed to his charge, or which it was his duty to defend, or inciting any other person so to do.
9. Discharging any fire-arms, making any signal, or by other means whatsoever, intentionally occasioning false alarm in action, camp, or quarters.
10. Casting away his arms in the presence of an enemy.
11. Being, while a sentinel, found sleeping on his post, or leaving the same before being regularly relieved.
12. Disclosing, verbally or in writing, the numbers, position, or preparations of the force or forces to which he is attached, and by such disclosure, producing effects injurious to the service to which he belongs.
13. Being in the command of a guard, picquet, or patrol, and without proper authority, releasing any prisoner committed to his charge, or suffering him to escape.
Liability for negligence causing damage to Government property in charge of member.