A.-—4.

40

Regulations. 1. These regulations may be cited as " The Samoa Prisons and Constabulary Order, 1929." 2. There shall be in the mandated territory of Western Samoa a force to be called the Samoan Constabulary. 3. The force shall consist of —- (i) An Inspector who, subject to the orders of the Administrator, shall have the command of the Samoan Constabulary : (ii) Such number of Sub-inspectors as the Administrator may from time to time direct: (iii) Such number of European and Samoan sergeants of police, corporals, lance-corporals, constables of different grades, clerks, and messengers as the Administrator may from time to time direct. 4. Every member of the Samoan Constabulary shall be engaged to serve, and his appointment shall be, for a term of not less than one year (subject, however, to the right of the person who for'the time being has the power of making such appointment to terminate such service at any time), and may be re-engaged at or before the termination of the period of enlistment for a further period. 5. (1) Every member of the Samoan Constabulary shall on his appointment take and subscribe before a Judge or Commissioner of the High Court, or any person appointed in writing in that behalf by the Minister of External Alfairs, the following oath : — " I, A. 8., do swear that I will well and truly serve our Sovereign Lord the King in the Samoan Constabulary until I am lawfully dismissed or discharged ; that I will see and cause His Majesty's peace to be kept and preserved ; that I will prevent to the best of my power all offences against the same ; and that I will faithfully discharge all my duties as a member of the Samoan Constabulary and all other duties that may be required of me by law. So help me God." (2) Every person who has taken and subscribed the oath as aforesaid shall be deemed to have from the day on which the same was taken and subscribed thereby entered into a written agreement with, and shall be thereby bound to serve His Majesty as a member of the Samoan Constabulary in whatsoever capacity he may, in accordance with the provisions of these regulations, be required to serve, and at the appropriate rate of pay of any rank to which he may be appointed or reduced until legally discharged, and such agreement shall not be set aside, cancelled, or annulled for want of reciprocity, but every such agreement shall, be determined by the discharge, dismissal, or other removal from office of any such person, or by his resignation under the provisions of clause 9 hereof. 6. If any question arises as to the right of any member of the Samoan Constabulary to hold or execute his office, common reputation shall be deemed evidence of such right, and it shall not be necessary to have or produce any written appointment or other document or matter whatsoever in proof of such right. 7. The person who for the time being has the power of appointing members of the Samoan Constabulary may at any time discharge, dismiss, or reduce in rank, any Inspector, Sub-inspector, or member thereof who, in his opinion, has been guilty of any act of misconduct or insubordination, or who, in his opinion, is remiss or negligent in the execution of his duty, or who, in his opinion, is otherwise unfit to remain a member of the Samoan Constabulary ; and may also, for any period not exceeding twenty-one days pending inquiry into a charge of any act of misconduct or insubordination or remissness or neglect in the execution of duty, suspend any such Inspector, Sub-inspector, or member of the Samoan Constabulary. 8. (1) The Inspector may inquire into and hear any charge against a member of the Samoan Constabulary of any act of misconduct or insubordination or remissness or neglect in the execution of his duty, and for such purpose may take all necessary statements and evidence, and may, if he finds the charge proved, impose a fine not exceeding £5, subject, however, to the offender's right of.appeal to the Administrator. (2) Notwithstanding that under the provisions of this clause the Inspector may have inquired into, heard, and determined a charge against a member of the Samoan Constabulary, and notwithstanding the imposition of a fine on such member, the person who for the time being has the power of appointing members of the Samoan Constabulary may in respect of such charge exercise the powers conferred upon him by clause 7 hereof. 9. No member of the Samoan Constabulary may resign his office unless expressly authorized so to do by the Administrator until the completion of his period of enlistment. 10. The Samoan Constabulary shall be trained, armed, and equipped with such arms and accoutrements and in such manner as the Administrator shall from time to time direct. 11. Members of the Samoan Constabulary (other than the Inspector and Sub-inspectors) shall be paid at the following rates :— Constables .. .. .. .. .. Eight shillings and sixpence per day. Lance-Corporals .. . . .. .. .. Eleven shillings and fourpence per day. Corporals or Lance-Sergeants .. .. .. Twelve shillings and one penny per day. Sergeants .. .. .. .. .. Twelve shillings and tenpence per day. Provided that if the Administrator shall have recommended with respect to any member of the Samoan Constabulary a different rate of pay from that hereinbefore set forth, the member with respect to whom such recommendation has been made shall be paid at the rate so recommended. 12. Members of the Samoan Constabulary shall be supplied free with clothing, board, and lodging : Provided that at the option of the Administrator an allowance of £18 per annunj may be paid to any member in lieu of clothing, and provided also that at the option of the Administrator an allowance of four shillings and sixpence per day may be paid to any member in lieu of board. 13. The Administrator may from time to time make such regulations as ho thinks fit — (1) For the government of the Samoan Constabulary and with respect to all matters which in his opinion are necessary for rendering the members thereof efficient in the discharge of their duties : (2) Prescribing the duties of members of the Samoan Constabulary. Prisons. 14. The Administrator may if he thinks fit, by writiijg under his hand, commit the custody and management of the property of any convicted prisoner who shall be serving a sentence of imprisonment in Samoa or otherwise to the Public Trustee, and such power may be exercised either generally or as to individual convicts. 15. On the appointment of the Public Trustee as aforesaid, all the real and personal property, including choses in action, to which the convict was at the time of his conviction entitled, or afterwards while serving a sentence of imprisonment becomes entitled, shall vest in the Public Trustee for all the estate and interest of such convict therein. 16. The Public Trustee shall receive and retain out of any estate of a convict which he shall administer such remuneration as the instrument appointing him to administer such estate shall prescribe. 17. The Public Trustee shall have all the rights and powers and shall perform all the duties as regards each such estate that he shall administer as are appointed and prescribed in New Zealand under the Prisons Act, 1908, and its amendments, to or for the administrators of the property of a convict. 18. The Administrator shall have power from time to time to make regulations with regard to prisons and in particular as to— *(1) The safe custody and control of prisoners ; f) (2) The management of prisons ; ■ 1 (3) The discipline, conduct, and employment of prisoners ; (4) The duties and discipline of all constables, warders, or other persons engaged or employed in prisons ; (5) Penalties for breaches of such regulations. C. A. Jeffery, Acting Clerk of the Executive Council.