CO129-414 - Governor Sir May - 1914 [10-11] — Page 121

SII

118

1.

Sub-clause 1 of Clause III of the Order-in-Council of the

26th October, 1896, provides as follows:-

‚savo, Jneluriero)

„Piel „TeďɗotɔQ r‡TS „gnox_jnoh

brêt and to tejjel a'zomelleora wol of ylgst ni

a to you besolone eit tizensws of Tonari arið aved I,dradeni berieter yönetia bad I mor'w od farens) perrtoðð. aid yd etunim III cami moqu Juq ed of noitateryrojni mút to moldaeup erit .0201,redotoo n‡ds to lionwo0-ni-18h10 erit to I enus[o-due a'loïsme') yentold? erit suuse I Jarid ennwa ai ɔnelleoră woY

to sonerettin erit tadt eidissoq Jon al di nguoiti.

WOIT

ni noidare qo-00 to drew yom od hael h[voris au neewted noinigo ai di Jant yonelIeorä woŸ Adiw tuonoo I IIite yomgTMOMO not state to internal sit of moldssup ent veter of elderiaab rajjel zo, bres of ‚exoleredd ,88ogorg I bas seinoloù edj .noidenebianoo aid tot mii od yiyen midd bas

.ode,evad I

YAM H.N .be

• Ow2IONISVO)

yone [Leo".

..8.0 .vIIeX .H .V [stemD-TOLL

,oni dituo2 ni agout? snið sniðnar.no)

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2.

(a). Every person in the Colony shall be subject to mili-

tary law for the purposes of the Army Act.

(b).

The Act shall apply to them as if they were persons accompanying the troops on active service beyond the

Beas;

(c). They shall, for the purposes of the Army Act, be deem-

ed to be under the command of the General,

I think that the key to the interpretation of this clause

is the phrase "for the purposes of the Army Act

3.

4.

+

Put shortly, I think that the effect is as follows:- (a). Thatever would be an offence under the Army Act if don

by a camp follower would be an offence if done by any person in the Colony.

(b). Whatever powers are given to the General by the Army

Act over camp followers are given to him over every

person in the Colony.

(c). Apart from such powers given by the Army Act, civilians

in the colony are under the command of the Ceneral

only for the purpose of such sections in the Army Act

as section 7(4).

I do not think that the clause makes the whole colony a

camp. It may well be that a Commanding Officer has the legal right,

without any special statutory authority, to search a camp followers'

quarters within the lines, and to search his person when entering,

leaving or being, within the lines, but I cannot find any similar

authority to search a camp followers' house or person outside the

lines or barracks, either in the Army Act or elsewhere.

5. On the powers of the Provost Larshal, see page 33 of the

Manual of Military Law.

Sd.

J. H. KELP

Attorney Ceneral

21.10.1914.