No. 5 of 1955. Defence Force. 11

Provided thut a person who has been dealt
with summarily by the Commanding Officer shall
be deemed to have been tried by court-martial.

(3) Any person charged with an offence
under this Ordinance which, by virtue of this
section, is cugnizable by a Magistrate’s Court,
shall, on conviction by such Court, be liable to
imprisonment for three months or to a penalty
not exceeding one hundred dollars or to both such
imprisonment and penalty, but nothing in this
section shall affect the liability of a person
charged with any such offence to be taken into
military custody.

(4) Any offence which under this Ordinance
is punishable on conviction by court-martial,
shali, for all purposes of and incidental to the
arrest, trial and punishment of the offender,
including the summary dealing with the case by
the Commanding Officer, be deemed to be an
offence under the Army Act, with this modifica-
tion that any reference in that Act to forfeiture
und stoppages shall be construed to refer to such
forfeiture and stoppages as may be prescribed.

(5) Proceedings against an offender before
either a court-martial or the Commanding Officer
or a Magistrate’s Court, in respect of an offence
punishable under this Ordinance, and alleged to
have been committed by him when a non-com-
missioned officer or volunteer of the Force, may
be instituted whether the term of his service in
the Force has or has not expired.

(6) Where a non-commissioned officer or
volunteer of the Force is subject to military law
and is illegally absent from his duty, a court of
inquiry under section 72 of the Army Act may
be assembled after the expiration of twenty-one
days from the date of such absence, notwithstand-
ing that the period during which he was subject
to military law is less than twenty-one days or

‘has expired before the expiration of twenty-one
days.

ANTIGUA.