5. The scale of marks shall be as follows:

8 marks for a full day's hard and steady labour.

6. No marks shall be granted for the first three months, which period is passed by the Convict on probation upon hard labour of the first class within the prison walls; marks are therefore to be calculated at the rate of six per diem as commencing three months from the date of conviction.

If a Convict's period of probation is extended, 6 marks for every day will be awarded to him during the period of such extension.

7. If by hard and steady labour a Convict gains 8 marks every day and loses none for misconduct, he may receive a remission of one fourth part of his sentence and a proportionate remission for any less number of marks, provided he earns more than an average number of 6 marks a day.

8. Convicts on light labour shall only be able to earn 7 marks at the most, unless specially otherwise ordered by the officer in charge of prison discipline, who shall give special attention to cases in which prisoners are losing marks by being kept upon light labour.

9. Convicts undergoing punishment for prison offences shall receive only 6 marks a day during the period of such punishment.

10. Convicts in hospital shall receive only 6 marks a day, unless otherwise ordered by the officer in charge of prison discipline.

11. On Sundays and other non-working days, marks must be given for conduct.

12. Convicts who have been convicted a second time will not be allowed to earn any remission of sentence during the first year of such imprisonment, but if their conduct and industry during such first year be approved by the officer in charge of prison discipline, they may be allowed, at the expiration of such period, to earn a remission of the fourth or a less part of their remaining sentence on the same terms as other Convicts.

13. Convicts who have been convicted for a third time or more will not be allowed to earn any remission of sentence.

14. Convicts who by misconduct have forfeited the whole of their remission will be liable to be kept in separate confinement during the last month of their sentence.

15. Whenever a Convict shall have gained a remission of such part of his sentence as shall entitle him to immediate release, the Superintendent shall discharge him from prison in the same manner as if his term of imprisonment, according to his sentence, had expired.

16. The Register of Marks shall be kept by the Chief Warder. 17. The marks shall be awarded by the officer in charge of each working gang and entered by him in his gang book at the end of

each day's work. The officer will, on his return to the prison, hand in his record of marks for the day to the Chief Warder, who will file the same and enter the marks in the Register on the following morning. The Hospital Dresser shall also keep a record of marks, which he shall hand in daily to the Chief Warder.

18. The officer in charge of prison discipline shall enter in each Convict's record sheet any forfeiture of marks he may inflict, and the Chief Warder shall exercise great care in transferring the same to the Marks Register.

19. The Superintendent shall carefully inspect and initial the Register of Marks once a week.

20. No officer shall be appointed to take charge of a working gang until the Superintendent is satisfied that he thoroughly understands the system of marking.

21. It shall be the duty of the Superintendent of the prison to take every means of seeing that the officers award the marks fairly, and he shall frequently explain the system to them and shall be responsible for their understanding their duty in this respect.

22. Convicts who have earned a remission of sentence will be allowed a gratuity, calculated at the rate of one penny for every hundred marks earned, which shall be paid to them on their release.

23. The officer in charge of prison discipline shall inspect the mark sheets at the end of every twelve months with a view of forming a "Special Class" to consist of those Convicts who have obtained the highest possible number of marks during such period. A Convict so placed and continuing in the "Special Class" shall wear a blue stripe across the right sleeve of his jumper, an additional stripe being added for each full year passed in the said "Special Class," and shall be entitled to receive one extra visit of half an hour's duration during each three months, and shall be eligible for an extra gratuity upon his release, to be calculated according to the proportion of his sentence passed in the "Special Class," such extra gratuity not to exceed 10s.

24. The attention of the officers is directed to the importance of paying constant attention to the details of this system, and the utmost care must be used in awarding and recording the marks gained by Convicts. It is essential that Convicts should have confidence in the fairness and accuracy of the working of the system.

In the Supreme Court of the Colony of Southern Nigeria. To Y. Z. keeper of the prison at

Whereas A. B., now in your custody, has been charged before this Court for that he (state offence shortly).

These are therefore to command you to bring the said A. B. before the Court at

on

at

o'clock in the forenoon, that the said charge may be

duly inquired into.

Given at

this

day of

19 .

Signature of Judge or Commissioner.

CHAPTER XXV.

PENAL SERVITUDE.

(No. 10-1894.)

1.-(1.) Where under any Ordinance or enactment in force on Amendment the passing of this Ordinance any Court has power to award a of law as to term of penal sentence of penal servitude, the sentence may, at the discretion of servitude and the Court, be for any period not less than three years, and not as to sentences exceeding either five years or any greater period authorised by the of imprisonOrdinance or enactment.

(2.) Where under any Act or Ordinance now in force or under any future Act or Ordinance any Court is empowered or required to award a sentence of penal servitude the Court may in its discretion, unless such future Act or Ordinance otherwise provides, award imprisonment for any term not exceeding two years, with or without hard labour.

ment.

pass the

his sentence

2. From and after the passing of this Ordinance where any Court may sentence of penal servitude or imprisonment is passed it shall be order that lawful for the Court passing the said sentence to order and direct prisoner shall that the person upon whom such sentence is passed shall be detained whole, or a within the prison walls for the whole term of the said sentence portion, of when such sentence does not exceed the period of eighteen months, within the or for such period or portion of the said sentence not exceeding prison. eighteen months as to the Court shall seem fit. Where such order or direction as aforesaid is made the person in respect of whom it is made shall not be employed out of, or permitted to leave the said prison during such term, or during such period or portion thereof, as shall be so ordered or directed.

3. This Ordinance may be cited as "The Penal Servitude Short title. Ordinance."

S.N.-VOL. I.

DD

Short title.

Power to imprison within the Colony certain persons convicted by

native Courts in the Protectorate.

Conditions precedent.

Governor's

warrant to be sufficient authority.

CHAPTER XXVI.

NATIVE COURT CONVICTS (IMPRISONMENT IN THE COLONY).

(No. 11-1901.)

1. This Ordinance may be cited as "The Native Court Convicts Imprisonment Ordinance."

2. When any person shall be convicted by a duly constituted native tribunal in any part of the Protectorate of any offence which by the law of the Colony is an indictable offence and be proved to be an habitual criminal or a danger to the peace of the community, and shall be sentenced to any term of imprisonment, it shall be lawful for the Governor at the request of the native authorities by whom the sentence shall have been pronounced to order that the said convicted person do serve the whole or any part of the said term of imprisonment in any prison of the Colony; and such convicted person shall accordingly be imprisoned as a convict prisoner and shall be subject to all the rules and regulations for the time being in force in and relating to such prison in all respects as though he had been convicted and sentenced by a Court of competent jurisdiction within the Colony.

3. The Governor shall not make any order under the provisions of the last preceding section unless each of the following conditions shall have been complied with, viz. :

(1.) The trial shall have been conducted in the presence of the

Resident or other political officer representing the Governor or of some officer expressly authorised in that behalf by the said Resident or political officer or by the Governor.

(2.) The said Resident or other officer shall have taken notes of the proceedings and forwarded the same to the Governor together with a certificate that the court was duly constituted in accordance with native law or custom, that the trial was fairly conducted, and that the sentence is, in his opinion, just and reasonable.

4. A warrant under the hand of the Governor addressed to any Civil or Military Officer or the Officer in charge of any prison shall be sufficient authority to such Officer and to all other persons for conveying the convicted person to the prison named in such warrant and for his imprisonment therein and for carrying into