CO885-(2-3) — Page 365

Printed for the use of the Colonial Office. December 15, 1866.

CONFIDENTIAL.

4.3

PUBLIC RECORD OFFICE

C.O. 8

Reference -

885

the

Proposed Rules to be introduced, on

subject of Martial Law, into the Volume of Colonial Regulations.

3 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

THE proclamation of Martial Law is an excep- tional measure, which in some Colonies by special statute, and in others on the ground of over- ruling necessity, is occasionally resorted to for the public safety. The object of the following Rules is to afford some guidance to those who find themselves called upon to act in such an einergency,

1. The responsibility for proclaiming Martial Law, and the power of at any moment declaring it at an end, must rest (subject to any special statutory provision as above-mentioned) with the Governor, as the highest authority in the community.

2. The Governor should not proclaim Martial Law unless he is satisfied of the existence of the following grounds :—

That there are men in armed resistance to the authority of the Crown;

That such armed resistance cannot be dealt with by the military acting inerely in aid of the civil power in the ordinary manner;

That such armed resistance cannot be promptly and effectually suppressed otherwise than by subjecting the inhabitants of the disturbed dis- trict to direct military control, and by inflicting summary punishment upon offenders against the

peace.

3. Martial Law should not be proclaimed over a wider district than the necessities of the public

safety require; and should be withdrawn from

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