CO129-281 - Governor Sir Robinson & Acting Governor Major Gen Black - 1898 [1-3] — Page 296

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"Notwithstanding anything herein to the

contrary the Governor shall have power to grant permission to resign to any subordinate officer or constable who may become un- fit for further service from ill health on the certificate of the

Colonial Surgeon to that effect, or, in any special case brought to his notice by the Captain Superintendent; the Governor shall

have power to grant to any such officer or constable permission to resign".

(I might here remark that the marginal note

to this section with the words "or may be dismissed" is wrong).

Section 24 provides:-

"The Governor shall have power upon the

representation of the Captain Superintendent to dismiss any sub-

ordinate officer or constable for misconduct or neglect of duty

or to approve the reduction of any sergeant or constable to a

lower grade or class in the force. #

I cannot, looking at the origin of the

latter section, concur in the legal argument advanced on behalf of

the petitioners that the power given to the Governor by Section

24 can only be exercised after a conviction obtained under

Section 25. Such a forced construction of the plain words of the

Ordinance would also, I submit, be most unreasonable when dealing

with

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