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Constitution of Sri Lanka/Seventeenth Amendment

Section 1 Short title
1. This Act may he cited as the Seventeenth Amendment to the Constitution.

Section 2 Insertion of" Chapter VIIA in the Constitution of the Democratic Socialist Republic of Sri Lanka
2. The Constitution of the Democratic Socialist Republic of Sri Lanka (hereinafter referred to as the "Constitution") is hereby amended by the insertion immediately after Article 41 of the Constitution of the following new Chapter, which shall have effect as Chapter VIlA of the Constitution ;-
 * (41A Constitution of the Constitutional Council)
 * (1) There shall be a Constitutional Council (in this Chapter referred to as the "Council") which shall consist of the following members ;-
 * (a) the Prime Minister;
 * (b) the Speaker;
 * (c) the Leader of the Opposition In Parliament;
 * (d) one person appointed by the President;
 * (e) five persons appointed by the President, on the nomination of both the Prime Minister and the Leader of the Opposition;
 * (f) one person nominated upon agreement by the majority or the Members of Parliament belonging to political parties or independent groups other than the respective political parties or independent groups to which the Prime Minister and the Leader of the Opposition belongs and appointed by the President.
 * (2) The Speaker shall be the Chairman of the Council.
 * (3) In nominating the five persons referred to in sub-paragraph (e) of paragraph (l) of this Article. the Prime Minister and the Leader of the Opposition shall consult the leaders or the political parties and independent groups represented in Parliament. Three of such persons shall in consultation with the Members of Parliament who belong to the respective minority communities, be nominated to represent minority interests.
 * (4) The persons to be appointed or nominated as the case may be under sub-paragraphs (d), (e) and (f) of paragraph (l) of this Article. shall be persons of eminence and integrity who have distinguished themselves in public life and who are not members of any political party.
 * (5) The President shall upon receipt or a written communication of the nominations under sub-paragraph (e) or sub-paragraph (f) of paragraph (1) of this Article, forthwith make the respective appointments.
 * (6)
 * (a) On the dissolution of Parliament, notwithstanding the provisions of paragraph (2) of Article 64 of the Constitution, the Speaker shall continue to hold office as a member of the Council, until a Member of Parliament is elected to be the Speaker under paragraph (1) of the aforesaid Article ;
 * (b) Notwithstanding the dissolution of Parliament, the Leader of the Opposition shall continue to hold office as a member of the Council until such time after a General Election following such dissolution, a Member of Parliament is recognised as the Leader of the Opposition in Parliament.
 * (7) Every member of the Council appointed under sub-paragraph (e) and sub-paragraph (f) of paragraph (]) of this Article, shall hold office for a period of three years from the date of appointment as such member, unless he earlier resigns his office by writing addressed to the President. or is removed from office by the President on both the Prime Minister and the Leader of the Opposition forming an opinion that such member is physically or mentally incapacitated and is unable to function further in office. or is convicted by a court of law for any offence involving moral turpitude or if a resolution for the imposition of civic disability upon him has been passed in terms of Article 81 of the Constitution or is deemed to have vacated his office under paragraph (7) of Article 41E.
 * (8) In the event of there being a vacancy among the members appointed under sub-paragraph (e) or sub-paragraph (I) of paragraph (i) or this Article, the President shall, within two weeks of the occurrence of such vacancy and having regard to the provisions of the aforementioned sub-paragraphs, appoint another person to succeed such member. Any person so appointed. shall hole! office during the unexpired part or the period of office of the member whom he succeeds.
 * (9) The member appointed under sub-paragraph (d) of paragraph (l) of this Article shall. unless earlier removed from office by the President. hold office for a period of three years.
 * (10) A member appointed under sub-paragraph (e) or sub-paragraph (f) of paragraph (I) of this Article, shall not he eligible fur re-appointment under those subparagraphs.
 * (11) The appointments made by the President under sub-paragraph (d), sub-paragraph (c) and sub-paragraph (I) of paragraph (1) of this Article, shall be communicated to the Speaker.

 * 41B (Council to recommend appointments)
 * (1) No person shall be appointed by the President as the Chairman or a member of any of the Commissions specified in the schedule: to this Article, except on a recommendation of the Council.
 * (2) The provisions of paragraph (1) of this Article shall apply in respect of any person appointed to act as the Chairman or a member of any such Commission,
 * (3) It shall be the duty of the Council to recommend to the President persons for appointment as Chairmen or members DC the Commissions specified in the Schedule I to this Article, whenever the occasion for such appointment arises, and such recommendations shall reflect, the different ethnic groups,
 * 4) No person appointed under paragraph (1) of this Article or a person appointed to act as the Chairman or a member of any such Commission, shall be removed except as provided for in the Constitution or in any law. and where no such provision is made, such person shall be removed by the President only with the prior approval or the Council. Schedule (a) The Election Commission. (b) The Public Service Commission. (c) The National Police Commission. (d) The Human Rights Commission or Sri Lanka. (e) The Permanent Commission to Investigate Allegations or Bribery or Corruption. (f) The Finance Commission. (g) The Delimitation Commission.

 * 41C (Council to approve appointments)
 * (1) No person shall he appointed by the President to any of the Offices specified in the Schedule to this Article. unless such appointment has been approved by the Council upon a recommendation made to the Council by the President.
 * (2) The provisions of paragraph (1) of this Article shall apply in respect or any person appointed to act for a period exceeding fourteen days in any office specified in the Schedule to this Article.
 * (3) No person appointed to any Office specified in the Schedule to this Article or to act in any such office shall he removed from such Office except as provided for in the Constitution or in any law.
 * (4) In the discharge of its function relating to the appointment of Judges of the Supreme Court and the President and Judges of the Court of Appeal, the Council may obtain the views of the Chief Justice and the Attorney-General. schedule PART I (a) The Chief Justice and the Judges of the Supreme Court.. (b) The President and the Judges of the Court of Appeal. (c) The Members of the Judicial Service Commission other than the Chairman. PART II (a) The Attorney-General (b) The Auditor-General (c) The lnspector-General of Police. (d) The Parliamentary Commissioner for Administration (Ombudsman). (e) The Secretary-General of Parliament.

 * 41D (Secretary and officers of the Council)
 * (1) There shall be a Secretary to the Council who shall be appointed by the Council
 * (2) The Council may appoint such officers as it considers necessary for the discharge of its functions, on such terms and conditions as shall he determined by the Council.

 * 41E (Meetings of the Council)
 * (1) The Council shall meet as often as may be necessary to discharge the functions assigned to the Council by the provisions of this Chapter or by any other law, and such meetings shall be summoned by the Secretary to the Council on the direction of the Chairman of the Council.
 * (2) The Chairman shall preside at all meetings of the Council, and in the absence of the Chairman, the Prime Minister, and in the absence of the Prime Minister, the Leader of the Opposition shall preside at the meetings of the Council. where the Chairman, the Prime Minister and the Leader of the Opposition are all absent from any such meeting, the members present shall elect a member from among themselves to preside at such meeting.
 * (3) The quorum for any meeting of the Council shall be six members.
 * (4) The Council shall endeavour to make every recommendation, approval or decision it is required to make by unanimous decision, and in the absence of an unanimous decision, no recommendation, approval or decision made shall be valid, unless supported by not less than five members of the Council present at such meeting.
 * (5) The Chairman shall not have an original vote, but in the event of an equality of votes on any question for decision at any meeting of the Council, the Chairman or other member presiding at such meeting, shall have a casting vote.
 * (6) The procedure in regard to meetings of the Council and the transaction of business at such meetings shall be determined by the Council, including procedures to be followed in regard to the recommendation or approval of persons suitable for any appointment under Article 41B or Article 41C.
 * (7) Any member of the Council appointed under sub-paragraph (e) (f) paragraph (1) of Article 41 A. who without obtaining prior leave of the Council absents himself from two consecutive meetings of the Council shall he deemed to have vacated office with effect from the date of the second of such meetings.

 * 41F (Council to perform other duties)
 * The Council shall perform and discharge such other duties and functions as may he-imposed or assigned to the Council by the Constitution, or by any other law.

 * 41G (Expenses to be charged on the consolidated Fund)
 * The expenses incurred by the Council shall be charged on the Consolidated Fund.

 * 41H (Finality or decisions or the Council)
 * Subject to the provisions of paragraph (I), (2), (4), and (5) of Article 126, no court shall have the power or jurisdiction to entertain, hear or decide or call in question on any ground whatsoever, or in any manner whatsoever any decision of the Council or any approval or recommendation made by the Council, which decision, recommendation or approval shall be final and conclusive for all purposes.

Section 3 Amendment of Article 52 of the Constitution
3. Article 52 or the Constitution is hereby amended b\ The repeal of paragraph (7) of that Article, and the substitution therefor of the following paragraph :-
 * "(7) For the purposes of this Article -
 * (a) the Office of the Secretary-General of Parliament, the Office of the Parliamentary Commissioner for Administration (Ombudsman), the Constitutional Council. the Public Service Commission, the Election Commission, the National Police Commission and the Office of the Secretary to the Cabinet of Ministers: and
 * (b) The Department of the Auditor-General,

Section 4 Replacement of Chapter IX of the Constitution
4. Chapter IX of the Constitution is hereby repealed and the following Chapter substituted therefor :--
 * 54 (Public Service Commission)
 * (1) There shall be a Public Service Commission (in this Chapter referred to as the "Commission") which shall consist of nine members appointed by the President on the recommendation of the Constitutional Council. of whom not less than three members shall be persons who have had over fifteen years experience as a public officer. The President on the recommendation of the Constitutional Council shall appoint one member as its Chairman.
 * (2) No person shall be appointed as a member of the Commission or continue to hold office as such member if he is or becomes a member of Parliament, a Provincial Council or a local authority.
 * (3) Every person who immediately before his appointment as a member of the Commission was a public officer in the service of the Slate or a judicial officer, shall, upon such appointment taking effect cease to hold such office and shall be ineligible for further appointment as a public officer or a judicial officer : Provided that ,my such person shall until he ceases to be a member of the Public Service Commission, or while continuing to be a member, attains the age at which he would, if he were a public officer or a judicial officer as the case may be, be required to retire, be deemed to be a public officer or a judicial officer and to hole! a pensionable office in the service of the State, for the purpose of any provision relating to the grant of pensions, gratuities and other allowances In respect of such service.
 * (4) Every member of the Commission shall hold office for a period of three years from the date of his appointment, unless he becomes subject to any disqualification under paragraph (2) of this Article or earlier resigns from his office by writing addressed to the President or is removed from office by the President on the recommendation of the Constitutional Council or is convicted by a court of law of any offence involving moral turpitude or if a resolution for the imposition of civic disability upon him has been passed in terms of Article 81 or is deemed to have vacated his office under paragraph (5) of this Article.
 * (5) A member of the Commission shall be eligible for reappointment as a member, but shall not be eligible for appointment as a public officer or a judicial officer after the expiry of his term of office as a member. No member shall be eligible to hold office as a member of the Commission for more than two terms.
 * 6) A member of the Commission who without obtaining prior leave of the Commission absents himself from three consecutive meetings of the Commission, shall be deemed to have vacated office with effect from the date of the third of such meetings, and shall not be eligible thereafter to be reappointed as a member of the Commission.
 * (7) The President may grant a member leave from the performance of his duties relating to the Commission for a period not exceeding two months and shall for the duration of such period on the recommendation of the Constitutional Council, appoint a person qualified 10 be a member of the Commission to be a temporary member for the period of such leave.
 * (8) A member of the Commission shall be paid such emoluments as may be determined by Parliament. The emoluments paid to a member of the Commission shall be charged on the Consolidated Fund and shall not be diminished during the term of office of such member.
 * (9) The Commission shall have the power to act notwithstanding any vacancy in its membership, and no act, proceeding or decision of the Commission shall be or be deemed to be invalid by reason only of such vacancy or any defect in the appointment of a member.
 * (10) There shall be a Secretary to the Commission who shall be appointed by the Commission.
 * (11) The members of the Commission shall be deemed 10 be public servants, within the meaning and for the purposes of Chapter IX of the Penal Code.

 * 55 (Powers and functions of Cabinet of Ministers and of the Commission)
 * (1) The appointment, promotion, transfer, disciplinary control and dismissal of public officers shall be vested in the Commission.
 * (2) The Commission shall not derogate from the functions and powers of the Provincial Public Service Commissions established by law.
 * (3) Notwithstanding the provisions or paragraph (1) of this Article. the appointment promotion transfer disciplinary control and dismissal of all Heads of Departments shall vest in the Cabinet or Ministers. who shall exercise such powers after ascertaining the views or the Commission.
 * 4) Subject to the Provisions or the Constitution. the Cabinet of Ministers shall provide for and determine all matters of policy relating to public officers.
 * (5) The Commission shall be responsible and answerable to Parliament in accordance with the provisions of the Standing Orders or Parliament for the exercise and discharge of its powers and functions. and shall forward to Parliament in each calendar year. a report of its activities for such year.

 * 56 (Committees of the Commission)
 * (1) The Commission may delegate to a Committee consisting of three persons (not being members of the Commission) appointed by the Commission. the powers of appointment. promotion, transfer disciplinary control and dismissal of such categories of public officers as arc specified by the Commission.
 * (2) The Commission shall cause the appointment of any such Committee to be published in the Gazette. (3) The procedure and quorum for meetings of any such Committee shall he as determined by the Commission by rules made in that behalf The Commission shall cause such rules (0 be published in the Gazette.
 * (4) There shall be a Secretary to each Committee. who shall be appointed by the Commission.

 * 57 (Delegation of powers to a public officer)
 * (1) The Commission may delegate to a public officer. subject to such conditions and procedure as may be determined by the Commission. its powers of appointment. promotion. transfer, disciplinary control and dismissal of such category of public officers as are specified by the Commission.
 * (2) The Commission shall cause any such delegation to be published in the Gazette. including the conditions and procedure determined by the Commission for such purpose.

 * 58 (Right or appeal)
 * (1) Any public officer aggrieved by an order relating to a promotion, transfer. dismissal or an order on a disciplinary matter made by a Committee or any public officer under Article 56 or Article 57, in respect of the officer so aggrieved may appeal to the Commission against such order in accordance with such rules made by the Commission from time to time relating to the procedure to be followed in the making. hearing and determination of an appeal made to the Commission and the period fixed within which an appeal should be heard and concluded.
 * (2) The Commission shall have the power upon such appeal to alter, vary, rescind or confirm an order against which an appeal is made, or to give directions in relation thereto. or to order such further or other inquiry as to the Commission shall seem fit. (3) The Commission shall cause to be published in the Gazette the rules made by it under paragraph (I) of this Article.

 * 59 (Administrative Appeals Tribunal)
 * (1) There shall be an Administrative Appeals Tribunal appointed by the Judicial Service Commission.
 * (2) The Administrative Appeals Tribunal shall have the power to alter, vary or rescind any order or decision made by the Commission.
 * (3) The constitution, powers and procedure of such Tribunal, including the time limits for the preferring of appeals, shall be provided for by law.

 * 60 (Commission not to exercise power where there is delegation)
 * Upon delegation of any of its powers 10 a Committee or a public officer appointed under Article 56 or Article 57 as the case may be, the Commission shall not, while such delegation is in force, exercise or perform its functions or duties in regard to the categories of public officers in respect of which such delegation is made, subject to the provisions contained in paragraphs (1) and (2) of Article 58.

 * 61 (Procedure at meetings)
 * (1) The quorum for a meeting of the Commission shall be five members.
 * (2) All decisions of the Commission shall be made by a majority or votes of the members present at the meeting. In the event of an equality or votes, the member presiding at the meeting shall have a casting vote.
 * (3) The Chairman of the Commission shall preside at all meetings of the Commission. and in his absence, a member elected by the members present from amongst themselves, shall preside at such meeting.

 * 61A (Immunity from legal proceedings)
 * Subject to the provisions of paragraphs (1), (2), (3), (4) and (5) or Article 126, no court or tribunal shall have power or jurisdiction to inquire into, or pronounce upon or in any manner call in question any order or decision made by the Commission, a Committee, or any public officer, in pursuance of any power or duty conferred or imposed on such Commission, or delegated to a Committee or public officer, under this Chapter or under any other law.

 * 61B (Savings of rules and regulations in force)
 * Until the Commission otherwise provides, all rules, regulations and procedures relating to the public service as are in force on the date of the coming into operation or this Chapter, shall, mutatis mutandis. be deemed to continue in force as rules, regulations and procedures relating to the public service, as if they had been made or provided for under this Chapter.

 * 61C (Interference with the Commission)
 * (1) Every person who, otherwise than in the course of such person's lawful duty, directly or indirectly by himself or by or with any other person, in any manner whatsoever influences or attempts to influence or interferes with any decision of the Commission, or a Committee or a public officer to whom the Commission has delegated any power under this Chapter, or to so influence any member of the Commission or a Committee, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand rupees or to imprisonment for a term not exceeding seven years, or to both such fine and imprisonment.
 * (2) Every High Court established under Article 154P of the Constitution shall have jurisdiction to hear and determine any matter referred to in paragraph (1) of this Article.

 * 61D (Oath or affirmation of office)
 * A person appointed to any office referred to in this Chapter shall not enter upon the duties of his office until he takes and subscribes the oath or makes and subscribes the affirmation set out in the Fourth Schedule to the Constitution.

 * 61E (Appointments by the President)
 * The President shall appoint -
 * (a) the Heads of the Army, the Navy and the Air Force: and
 * (b) subject to the provisions of Article 41C, the Attorney-General and the lnspector-General of Police.

 * 61F (Interpretation)
 * For the purposes of this Chapter, "public officer" docs not include a member of the Army, Navy, or Air Force, an officer of the Election Commission appointed by such Commission, a police officer appointed by the National Police Commission or a scheduled public officer appointed by the Judicial Service Commission.

Section 5 Amendment of Article 65 of the Constitution
5. Article 65 of the Constitution is hereby amended as follows : -
 * (1) in paragraph (1) of that Article, by the substitution for the words "shall be appointed by the President", of the words "shall, subject to the provisions of Article 41C, be appointed by the President " : and
 * (2) in paragraph (6) of that Article, by the substitution for the words "President may appoint a person", of the words "President may. subject to the provisions of Article 41C, appoint a person".

Section 6 Amendment of Article 89 of the Constitution
6. Article 89 of the Constitution is hereby amended in paragraph (j) of that Article, by the substitution for the words and figures "Article I]6". of the words and figures "Article 116 or Article 111C, as the case may be".

Section 7 Amendment of Article 91 of the Constitution
7. Article 91 of the Constitution is hereby amended in paragraph (I) thereof, as follows :-
 * (1) by the insertion immediately after sub-paragraph (d)(iv) of that paragraph, of the following new sub-paragraph :-
 * "(iva) a member of a Provincial Public Service Commission,"
 * (2) by the substitution for sub-paragraph (d)(v) of that paragraph, of the following sub-paragraph :-
 * "(v) the Commissioner-General of Elections,";
 * (3) by the insertion immediately after sub-paragraph (d)(v) of that paragraph, of the following new sub-paragraphs :-
 * "(va) a member of the Election Commission,
 * (vb) a member of the Constitutional Council,
 * (vc) a member of the National Police Commission," ; and
 * 4) by the insertion immediately after sub-paragraph (d)(viii) of that paragraph, of the following new sub-paragraph :-
 * "(viiia) an officer of a Provincial Public Service holding any office created after February 01,1988, the initial of the salary scale of which is, on the date of the creation of that office, not less than such amount as determined by resolution of Parliament, or such other amount per annum as would, under any subsequent revision of such salary scales, correspond to such initial,".

Section 8 Repeal of Articles 103 and 104 of the Constitution
8. Article 103 and Article 104 of the Constitution are hereby repealed.

Section 9 Insertion of Chapter XIVA in the Constitution
9. The following new Chapter is hereby inserted immediately after Article 102 of the Constitution and shall have effect as Chapter XIVA of the Constitution :-
 * 103 (Election Commission)
 * (1) There shall be an Election Commission (in this Chapter referred to as the "Commission") consisting of five members appointed by the President on the recommendation of the Constitutional Council. from amongst persons who have distinguished themselves in any profession or in the fields of administration or education. The President shall on the recommendation of the Constitutional Council, appoint one member as its Chairman.
 * (2) The object of the Commission shall be to conduct free and fair elections and Referenda.
 * (3) No person shall be appointed as a member of the Commission or continue to hold office as such member if he is or becomes a member of Parliament, a Provincial Council or a local authority, or is or appointed a judicial officer or public officer, or is or enters into the employment of the State in any capacity whatsoever.
 * (4) The provisions of the Constitution and any other law relating to the removal of judges of the Supreme Court and the Court of Appeal from office shall, mutatis mutandis, apply to the removal or a member of the Commission from office.
 * (5) A member of the Commission who without obtaining prior leave of the Commission, absents himself from three consecutive meetings of the Commission, shall he deemed to have vacated office with effect from the date or the third of such meetings.
 * (6) A member or the Commission shall hold office for a period of five years from the date of appointment, unless he becomes subject to any disqualification under paragraph (3) of this Article or earlier resigns from office by writing addressed to the President or is removed from office under paragraph (4) of this Article, or is convicted by a court of law of any offence involving moral turpitude, or if a resolution for the imposition of civic disability upon him has been passed in terms of Article 81 or is deemed to have vacated office under paragraph (5) of this Article.
 * (7) The President may grant a member leave from the performance of his duties relating to the Commission for a period not exceeding two months and may appoint a person qualified to he a member of the Commission to he a temporary member for the period of such leave, Every such appointment shall be made on the recommendation of the Constitutional Council.
 * (8) A member of the Commission shall he paid such emoluments as may be determined by Parliament. The emoluments paid to a member or the Commission shall he charged on the Consolidated Fund and shall not be diminished during the term of office of the member.
 * (9) All members of the Commission shall be deemed to be public servants within the meaning and for the purposes or Chapter IX of the Penal Code.

 * 104 (Meetings of the Commission)
 * (1) The quorum for any meeting or the Commission shall be three members.
 * (2)
 * (a) The Chairman of the Commission shall preside at all meetings of the Commission and. in the absence of the Chairman from any meeting of the Commission. a member elected by the members present from amongst themselves shall preside at such meeting.
 * (b) Decisions of the Commission shall be by a majority of the members present and voting at the meeting at which the decision is taken, and in the event of an equality of votes, the Chairman or the member presiding at the meeting shall have a casting vote.
 * (3) The Commission shall have power to act notwithstanding any vacancy in the membership of the Commission, and no act or proceeding or decision of the Commission shall be invalid or be deemed to be invalid by reason only of such vacancy or any defect in the appointment of a member.

 * 104A (Finality of decisions and immunity from suit)
 * Subject to the jurisdiction conferred on the Supreme Court under paragraph (I) of Article 126, Article 104H and Article 130, and on the Court of Appeal by Article 144. and the jurisdiction conferred on any court by any law to hear and determine election petitions or Referendum petitions,-
 * (a) no court shall have the power or jurisdiction to entertain or hear or decide or call in question on any ground and in any manner whatsoever, any decision, direction or act of the Commission, made or done or purported to have been made or done under the Constitution or under any law relating to the holding of an election or the conduct of a Referendum as the case may be, which decisions, directions or acts shall he final and conclusive: and
 * (b) no suit or prosecution or other proceeding shall lie against any member or officer of the Commission for any act or thing which in good faith is done or purported to be done by him in the performance of his duties or the discharge of his functions . under the Constitution or under any law relating to the holding of an election or the conduct of a Referendum as the case may be, Powers.

 * 104B (Functions and duties of the Commission)
 * (1) The Commission shall exercise, perform and discharge all such powers, duties and functions conferred or imposed on or assigned to -
 * (a) the Commission; or
 * (b) the Commissioner-General of Elections,
 * (2) It shall be the duty of the Commission to secure the enforcement of all laws relating to the holding of any such election or the conduct of Referenda, and it shall be the duty of all authorities of the State charged with the enactment of such laws, to co-operate with the Commission to secure such enforcement.
 * (3) The Commission shall be responsible and answerable to Parliament in accordance with the provisions of the Standing Orders of Parliament for the exercise, performance and discharge or its powers, duties and functions and shall forward to Parliament for each calendar year a report or its activities for such year.
 * (4)
 * a) The Commission shall have the power during the period of an election, to prohibit the use of any movable or immovable property belonging to the State or any public corporation -
 * (i) for the purpose or promoting or preventing the election or any candidate or any political party or independent group contesting at such election ;
 * (ii) by any candidate or any political party or any independent group contesting at such election.
 * (b) It shall be the duty or every person or officer in whose custody or under whose control such property is for the time being, to comply with and give effect to such direction.
 * (5)
 * (a) The Commission shall have the power to issue from time to time, in respect or the holding or any election or the conduct or a referendum. such guidelines as the Commission may consider appropriate to any broadcasting or telecasting operator or any proprietor or publisher of a newspaper as the case may be, as the Commission may consider necessary to ensure a free and fair election.
 * (b) It shall be the duty of the Chairman of the Sri Lanka Broadcasting Corporation and the Chairman of the Sri Lanka Rupavahini Corporation, to take all necessary steps to ensure compliance with any guidelines as are issued to them under sub-paragraph (a).
 * (c) Where the Sri Lanka Broadcasting Corporation and the Sri Lanka Rupavahini Corporation as the case may be, contravenes any guidelines issued by the Commission under sub-paragraph (a), the Commission may appoint a Competent Authority by name or by office. who shall, with effect from the date of such appointment. take over the management of such Broadcasting Corporation or Rupavahini Corporation as the case may be in respect of all political broadcasts or any other broadcast. which in the opinion of the Commission impinge on the election, until the conclusion of the election and the Sri Lanka Broadcasting Corporation and the Sri Lanka Rupavahini Corporation, shall not. during such period, discharge any function connected with or relating to such management which is taken over by the Competent Authority.
 * (d) Parliament may by law provide for the powers and functions of the Competent Authority appointed under sub-paragraph (c).

 * 104C (Deployment or Police by the Commission)
 * (1) Upon the making of an Order for the holding of an election or the making of a Proclamation requiring the conduct of a Referendum as the ease may be, the Commission shall notify the Inspector-General of Police of the facilities and the number of police officers required by the Commission for the holding or conduct of such election or Referendum as the case may be.
 * (2) The Inspector-General or Police shall make available to the Commission the facilities and police officers specified in any notification made under paragraph (1) of this Article.
 * (3) The Commission may deploy the police officers and facilities made available to the Commission in such manner as is calculated to promote the conduct or a free and fair election or Referendum, as the case may be.
 * (4) Every police officer made available to the Commission under paragraph (2) or this Article, shall be responsible to and act under the direction and control or the Commission during the period or an election.
 * (5) No suit. prosecution or other proceeding, shall lie against any police officer made available to the Commission under this Article for any lawful act or thing in good faith done by such police officer, in pursuance of a direction of the Commission or his functioning under the Commission.

 * 104D (Deployment of Armed Forces)
 * It shall be lawful for the Commission, upon the making of an Order for the holding of an election or the making or a Proclamation requiring the conduct of a Referendum, as the case may be, to make recommendations to the President regarding the deployment or the armed forces of the Republic for the prevention or control of any actions or incidents which may he prejudicial to the holding or conducting of a free and fair election or Referendum. as the case may be.

 * 104E (Commissioner General of Elections and other or officers of the commission)
 * (1) There shall be a Commissioner-General of Elections who shall, subject to the approval of the Constitutional Council be appointed by the Commission on such terms and conditions as shall be determined by the Commission.
 * (2) The Commissioner-General of Elections shall be entitled to be present at meetings of the Commission, except where any matter relating to him is being considered by the Commission. He shall have no right to vote at such meetings.
 * (3) The Commission may appoint such other officers to the Commission on such terms and conditions as may be determined by the Commission.
 * (4) The salaries of the Commissioner-General of Elections and the other officers or the Commission. shall be determined by the Commission and shall be charged on the Consolidated Fund.
 * (5) The Commissioner-General of Elections shall. subject to the direction and control or the Commission, implement the decisions of [he Commission and exercise supervision over the officers of the Commission.
 * (6) The Commission may delegate to the Commissioner-General of Ejections or other officer of the Commission any power duty or function of the Commission and the Commissioner-General of Elections or such officer shall exercise, perform and discharge such power, duty or function. subject to the direction and control of the Commission.
 * (7) The office of the Commissioner-General of Elections shall become vacant-
 * (a) upon his death ;
 * (b) on his resignation in writing addressed to the Commission ;
 * (c) on his attaining the age of sixty five years ;
 * d) on his removal by the Commission on account of ill health or physical or mental infirmity ; or
 * (e) on his removal by the Commission on the presentation of an address of Parliament in compliance with the provisions of paragraph (8), for such removal on the ground of proved misbehaviour or incapacity.
 * (8)
 * (a) The address referred to in sub-paragraph (e) of paragraph (7) of this Article shall be required to be supported by a majority of the total number of Members of Parliament (including those not present) and no resolution for the presentation of such an address shall he entertained by the Speaker or placed on the Order Paper of Parliament, unless notice of such resolution is signed by not less than one-third of the total number of Members of Parliament and sets out full particulars of the alleged misbehaviour or incapacity.
 * (b) Parliament shall by law or by Standing Orders. provide for all matters relating to the presentation of such an address, including the procedure for the passing of such resolution, the investigation and proof of the alleged misbehaviour or incapacity and the right of the Commissioner- General of Elections to appear and to be heard in person or by representatives.

 * 104F (Returning Officers)
 * (1) The Commission shall from time to time by notice published in the Gazette appoint by name or by office a person to be a Returning Officer to each electoral district, and may appoint by name or by office one or more persons to assist the Returning Officer in the performance of his duties.
 * (2) Every Officer appointed under paragraph (I) shall in the performance and discharge of such duties and functions as arc assigned to him, be subject to such directions as may be issued by the Commission and shall be responsible and answerable to the Commission therefor.

 * 104G (Public officers)
 * All public officers performing duties and functions at any election or Referenda shall act in the performance and discharge of such duties and functions under the directions of the Commission, and shall be responsible and answerable to the Commission therefor.

 * 104H (Power of Supreme Court to issue writs)
 * (1) The jurisdiction conferred on the Court of Appeal under Article 140 of the Constitution shall, in relation to any matter that may arise in the exercise by the Commission of the powers conferred on it by the Constitution or by any other law, be exercised by the Supreme Court.
 * ((2) Every application invoking the jurisdiction referred to in paragraph (1), shall be made within one month of the date of the commission of the act to which the application relates. The Supreme Court shall hear and finally dispose of the application within two months of the filing of the same.

 * 104J (Interpretation)
 * In this Chapter "during the period of an election" shall mean the period commencing on the making of a Proclamation or Order for the conduct of a Referendum or for the holding of an election, as the case may be, and ending on the date on which the result of poll taken at such referendum or election, as the case may be, is declared.

Section 10 Amendment of Article 107 of the Constitution
10. Article 107 of the Constitution is hereby amended in paragraph (I) of that Article, by the substitution for the words "shall be appointed by the President of the Republic by warrant under his hand.", of the words "shall, subject to the provisions of Article 41C, be appointed by the President by warrant under his hand.".

Section 11 Amendment of Article 109 of the Constitution
11. Article 109 of the Constitution is hereby amended as follows :-
 * (1) in paragraph (I) of that Article, by the substitution for the words "the President shall appoint", of the words "the President shall, subject to the provisions of Article 41C, appoint" : and
 * (2) in paragraph (2) of that Article, by the substitution for the words "the President may appoint", of the words ., the President may, subject to the provisions of Article 41C, appoint".

Section 12 Amendment of Article 111 of the Constitution
12. Article II I of the Constitution is hereby amended as follows : -
 * (1) by the repeal of paragraph (2) of that Article and the substitution therefore of the following paragraph :-
 * "(2) The Judges of the High Court shall -
 * (a) on the recommendation of the Judicial Service Commission, be appointed by the President by warrant under his hand and such recommendation shall be made after consultation with the Attorney-General :
 * (b) be removable and be subject to the disciplinary control of the President on the recommendation of the Judicial Service Commission." : and
 * (2) by the addition immediately after paragraph (3) of that Article, of the following new paragraph :- "(4) Any Judge of the High Court may resign his office by writing under his hand addressed to the President.".

Section 13 Amendment or Article 111A or the Constitution
13. Article 111A of the Constitution is hereby amended in paragraph (1) of that Article, by the substitution for the words "the President may, by warrant, appoint" of the words "the President may, on the recommendation of the Judicial Service Commission, by warrant, appoint ".

Section 14 Insertion of new Article 111B in the Constitution
14. The following Article is hereby inserted immediately after Article 111A of the Constitution, and shall have effect as Article 111B of the Constitution :-
 * 111B (Fiscal for the whole island)
 * There shall be a Fiscal, who shall be the Fiscal for the whole Island and who shall exercise supervision and control over Deputy Fiscal attached to all Courts of First Instance".

Section 15 Re-numbering of Article 116 of the Constitution as Article 111C
15. Article 116 of the Constitution is hereby re-numbered as Article 111C of the Constitution.

Section 16 Insertion or Chapter XVA in the Constitution
16. The following new Chapter is hereby inserted immediately after Article 111 C of the Constitution, and shall have effect as Chapter XVA of the Constitution :-
 * 111D (Constitution or the Judicial Service Commission)
 * (1) There shall be a Judicial Service Commission ( in this Chapter referred to as the "Commission") consisting of the Chief Justice and two other Judges of the Supreme Court appointed by the President, subject to the provisions of Article 41C.
 * (2) The Chief Justice shall be the Chairman of the Commission.

 * 111E
 * (1) The quorum for any meeting DC the Commission shall be two members of the Commission.
 * (2) A Judge of the Supreme Court appointed as a member of the Commission shall, unless he earlier resigns his office or is removed there from as hereinafter provided or ceases to be a Judge of the Supreme Court, hold office for a period of three years from the date of his appointment, but shall be eligible for re-appointment.
 * (3) All decisions of the Commission shall be made by a majority of the members present, and in the event of an equality of votes, the Chairman of the meeting shall have a casting vote.
 * (4) The Commission shall have power to act notwithstanding any vacancy in its membership and no act or proceeding of the Commission shall be, or be deemed to be invalid by reason only of such vacancy or any defect in the appointment of a member.
 * (5) The President may grant to any member of the Commission leave from his duties and may appoint on the recommendation of the Constitutional Council, a person qualified to be a member of the Commission to be a temporary member for the period of such leave.
 * (6) The President may, on the recommendation of the Constitutional Council, for cause assigned, remove from office any member of the Commission.

 * 111F
 * A member of the Commission shall be paid such allowances as may be determined by Parliament. Such allowances shall be charged on the Consolidated Fund and shall not be reduced during the period of office of a member, and shall be in addition to the salary and other allowances attached to, and received from, the substantive appointment: Provided that until the amount to be paid as allowances is determined under the provisions of this Article, the members of the Commission shall continue to receive as allowances. such amount as they were receiving on the day immediately preceding the date on which this Chapter comes into operation.

 * 111G
 * There shall be a Secretary to the Commission who shall be appointed by the Commission from among senior judicial officers of the Courts of First Instance.

 * 111H
 * (1) The Judicial Service Commission is hereby vested with the power to- (a) transfer judges of the High Court; (b) appoint promote, transfer, exercise disciplinary control and dismiss judicial officers and scheduled public officers.
 * (2) The Commission may make -
 * (a) rules regarding training of Judges of the High Court the schemes for recruitment and training, appointment, promotion and transfer of judicial offices and scheduled public officers;
 * b) provision for such mailers as are necessary or expedient for the exercise, performance and discharge of the powers, duties and functions of the Commission.
 * (3) The Chairman of the Commission or any Judge of the Supreme Court or Judge of the Court of Appeal as the case may be, authorized by the Commission shall have power and authority to inspect any Court of First Instance, or the record, registers and other documents maintained in such Court, or hold such inquiry as may be necessary.
 * (4) The Commission may by Order published in the Gazette delegate to the Secretary to the Commission the power to make transfers in respect of scheduled public officers, other than transfers involving increase of salary, or to make acting appointments in such cases and subject to such limitations as may be specified in the Order.

 * 111J
 * Any judicial officer or scheduled public officer may resign his office by writing under his hand addressed to the Chairman of the Commission.

 * 111K
 * No suit or proceeding shall lie against the Chairman member or Secretary or officer of the Commission for any lawful act which in good faith is done in the performance of his duties or functions as such Chairman, member. Secretary, or officer of the Commission.

 * 111L
 * (1) Every person who otherwise than in the course of such persons lawful duty, directly or indirectly, alone or by or with any other person, in any manner whatsoever. influences or attempts to influence any decision or order made by the Commission or to so influence any member thereof, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand rupees or to imprisonment for a term not exceeding three years or to both such fine and imprisonment: Provided however that the giving of a certificate or testimonial to any applicant or candidate for any judicial office or scheduled public office shall not be an offence.
 * (2) Every High Court established under Article 154P of the Constitution shall have jurisdiction to hear and determine any matter referred to in paragraph (1).

 * 111M
 * (a) In this Chapter -
 * (b) No court, tribunal or institution shall have jurisdiction to entertain or to determine the question whether or not a person is a judicial officer within the meaning of the Constitution, but such question shall be determined solely by the Commission. whose decision thereon shall be final and conclusive.
 * (c) No act of such person or proceeding held before such person, prior to such determination as is referred to in sub-paragraph (b), shall be deemed to be invalid by reason of such determination.

Section 17 Repeal of Articles 112. 1 13. 113A, 114, 115 and 117 of the Constitution
17. Articles 112, 113, 113A, 113, 115, and 117 of the Constitution are hereby repealed.

Section 18 Amendment of Article 153 of the Constitution
18. Article 153 of the Constitution is hereby amended as follows ;-
 * (1) in paragraph (1) of that Article, by the substitution for the words "shall be appointed by the President", of the words " shall subject to the provisions of Article 41C. be appointed by the President"; and
 * (2) in paragraph (4) of than Article, by the substitution for the words "the President may appoint". or the words " the President may. subject to the provisions of Article 41C, appoint".

Section 19 Amendment of Article 154R of the Constitution
19. Article 154R of the Constitution is hereby amended in sub-paragraph (c) of paragraph (1) of that Article, by the substitution for the words "three other members to represent". of the words "three other members who are appointed by the President on the recommendation of the Constitutional Council, to represent".

Section 20 Insertion of new Chapter XVIIIA in the Constitution
20. The following new Chapter is hereby inserted immediately after Article 155 of the Constitution and shall have effect as Chapter XVIIIA of the Constitution :- " 155A
 * (1) There shall be a National Police Commission (in this Chapter referred to as the "Commission") consisting of seven members appointed by the President on the recommendation of the Constitutional Council. The Constitutional Council may, in making its recommendation, consult the Public Service Commission. The President shall on the recommendation of the Constitutional Council appoint one member as the Chairman.
 * (2) No person shall be appointed as a member of the Commission or continue to hold office as such member it" he is or becomes a member of Parliament a Provincial Council or a local authority.
 * (3) Every person who immediately before his appointment as a member of the Commission, was a public officer in the service of the State or a judicial officer shall upon such appointment taking effect cease to hold such office. and shall be ineligible for further appointment as a public officer or a judicial officer: Provided that any such person shall, until he ceases to be a member of the Commission. or while continuing to be a member attains the "age at which he would, if he were a public officer or a judicial officer, as the case may be. be required to retire, be deemed to be a public officer or a judicial officer and to hold a pensionable office in the service of the State, for the purpose of any provision relating to the grant of pensions, gratuities and other allowances in respect of such service.
 * (4) Every member of the Commission shall hold office for a period of three years from the date of his appointment, unless he becomes subject to any disqualification under paragraph (2) of this Article, or earlier resigns from his office by writing addressed to the President or is removed from office by the President on the recommendation of the Constitutional Council or is convicted by a Court of law of any offence involving moral turpitude or if a resolution for the imposition of civic disability upon him has been passed in terms of Article 81 or is deemed to have vacated his office under paragraph (6) of this Article.
 * (5) A member of the Commission shall be eligible for reappointment as a member, but shall not be eligible for appointment as a public officer or a judicial officer after the expiry of his term of office as a member. No member shall be eligible to hold office as a member of the Commission for more than two terms.
 * (6) In the event of the Chairman or a member of the Commission absenting himself from three consecutive meetings of the Commission without the prior leave of the Commission, he shall be deemed to have vacated his office from the date of the third of such meetings and shall not be eligible to be reappointed as a member or as Chairman of the Commission.
 * (7) The Chairman and members of the Commission shall be paid such allowances as are determined by Parliament. Such allowances shall be charged on the Consolidated Fund and shall not be diminished during the term of office of the Chairman or member.
 * (8) The Chairman and members of the Commission shall be deemed to be public servants within the meaning and for the purposes of Chapter IX of the Penal Code.

 * 155B
 * (1) The quorum for a meeting of the Commission shall be four members.
 * (2) The Chairman shall preside at all meetings of the Commission and in his absence a member elected by the members present from amongst the members shall preside at such meeting.
 * (3) Decisions of the Commission shall be by a majority of members present and voting at the meeting at which the decision is taken, and in the event of an equality of votes the Chairman or the person presiding shall have a casting vote.
 * (4) The Commission shall have power to act notwithstanding any vacancy in its membership, and any act or proceeding or decision of the Commission shall not be invalid or deemed to be invalid by reason only of such vacancy or any defect in the appointment of the Chairman or member.

 * 155C
 * (1) Subject to the jurisdiction conferred on the Supreme Court under paragraph (1) of Article 126, no court or tribunal shall have the power or jurisdiction to inquire into, or pronounce upon or in any manner call in question any order or decision made by the Commission or a Committee, in pursuance of any power or duty, conferred or imposed on such Commission or Committee under this Chapter or under any other law.

 * 155D
 * There shall be a Secretary to the Commission and such other officers appointed by the Commission on such terms and conditions as may be determined by the Commission.

 * 155E (Costs and Expenses)
 * The costs and expenses of the Commission shall be a charge on the Consolidated Fund.

 * 155F
 * (1) Every person who, otherwise than in the course of such persons lawful duty, directly or indirectly by himself or by or with any other person, in any manner whatsoever influences or attempts to influence or interferes with any decision of the Commission or a Committee, or to so influence any member of the Commission or a Committee, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand rupees or to imprisonment for a term not exceeding seven years, or to both such fine and imprisonment.
 * (2) A High Court established under Article 154P or the Constitution shall have jurisdiction to hear and determine any matter referred to in paragraph (1).

 * 155G
 * (1)
 * (a) The appointment, promotion, transfer. disciplinary control and dismissal of police officers other than the Inspector-General of Police, shall be vested in the Commission. The Commission shall exercise its powers of promotion, transfer, disciplinary control and dismissal in consultation with the Inspector General of Police.
 * (b) The Commission shall not in the exercise of its powers under this Article, derogate from the powers and functions assigned to the Police Service Commissions as and when such Commissions are established under Chapter XVIIA of the Constitution.
 * (2) The Commission shall establish procedures to entertain and investigate public complaints and complaints of any aggrieved person made against a police officer or the police service, and provide redress in accordance with the provisions or any law enacted by Parliament for such purpose.
 * (3) The Commission shall provide for and determine all matters regarding police officers, including the formulation of schemes of recruitment and training and the improvement of the efficiency and independence of the police service, the nature and type of the arms, ammunition and other equipment necessary for the use or the National Division and the Provincial Divisions, codes of conduct, and the standards to be followed in making promotions and transfers, as the Commission may from time to time consider necessary or fit.
 * (4) The Commission shall exercise all such . powers and perform all such functions and duties as are vested in it under Appendix I of List I contained in the Ninth Schedule of the Constitution.

 * 155H
 * (1) The Commission may delegate to a Committee of the Commission (not consisting of members of the Commission) as shall be nominated by the Commission, the powers of appointment, promotion, transfer. disciplinary control and dismissal of such categories of police officers as arc specified by the Commission.
 * (2) The Commission shall cause to be published in the Gazette the appointment of any such Committee.
 * (3) The procedure and quorum for meetings of such a Committee shall be according to rules made by the Commission. The Commission shall cause such rules to be published in the Gazette.

 * 155J
 * (1) The Commission may, subject to such conditions and procedures as may be prescribed by the Commission, delegate to the Inspector-General of Police or in consultation with the Inspector-General of Police to any Police officer, its powers of appointment, promotion, transfer, disciplinary control and dismissal of any category of police officer.
 * (2) The Commission shall cause any such delegation to be published in the Gazette.

 * 155K
 * (1) A police officer aggrieved by any order relating to promotion. transfer or any order on a disciplinary matter or dismissal made by the Inspector-General of Police or a Committee or Police Officer referred to in Article 155H and 155J in respect of himself. may appeal to the Commission against such order in accordance with rules made by the Commission from time 10 time regulating the procedure and the period fixed for the making and hearing of an appeal by the Commission.
 * (2) The Commission shall have the power to alter, vary, rescind or confirm such order upon such appeal, or to give directions in relation there to, or to order such further or other inquiry, as to the, commission shall seem fit.
 * (3) The Commission shall from time to time cause to be (3) in the Gazette, rules made by it use paragraph (I) of this Article.
 * (4) Upon any delegation to the Inspector-General of Police or a Committee or Police Officer under Article 155H and I55J of this Officer as the case may be, the Commission shall not, whilst such delegation of its powers is in force, exercise or perform its functions or duties in respect of the categories of Police Officers in respect of which such delegation is made, subject to the right of appeal hereinbefore provided.

 * 155L
 * Any Police Officer aggrieved by any order relating to promotion, transfer, or any order on a disciplinary matter or dismissal made by the Commission, in respect of himself, may appeal therefrom to the Administrative Appeals Tribunal established under Article 59, which shall have the power to vary or rescind any order or decision made by the Commission.

 * 155M
 * Until the Commission otherwise provides, all rules, regulations and procedures relating to the police, force as are in force shall relating to be operative and in force.

 * 155N
 * The Commission shall be responsible and answerable to Parliament in accordance with the and of the Standing Orders of Parliament for the exercise, performance and discharge powers duties and functions, and shall forward to Parliament in each calendar year a report of its activities in such year.".

Section 21 Amendment of Article I56 of the Constitution
21. Article 156 of the Constitution is hereby amended as follows :-
 * (1) in paragraph (2) of that Article, by the substitution for the words "shall be appointed by the President", of the words "shall, subject to the provisions of Article 41C, be appointed by the President"; and
 * (2) in paragraph (5) of that Article, by the substitution for the words "the President shall appoint", of the words "the President shall, subject to the provisions of Article 41C, appoint".

Section 22 Amendment of Article 170 of the Constitution
22. Article 170 of the Constitution is hereby amended as follows :-
 * (1) in the definition of the expression "judicial officer", by the substitution for the words "oilier than in Article 114, ", of the words "other than in Article 111M, "; and
 * (2) in the definition of the expression -public officer", by the insertion immediately after paragraph (c). of the following new paragraphs :-
 * (ca) a member of the Constitutional Council ;
 * cb) a member of the Election Commission ;
 * (cc) a member of the National Police Commission ;
 * (cd) the Commissioner - General of elections:
 * (ce) officers appointed to the Election Commission. by the Election Commission : ",

Section 23 Amendment of the Ninth Schedule to the Constitution
23. The Ninth Schedule to the Constitution is hereby amended in Appendix 1 to List 1 :as follows :-
 * (1) by the substitution for item 3 of that Appendix of the following:-
 * "3. Recruitment in the National Police Division and promotion of Police Officers in the Provincial Divisions to the National Division, shall be made by the National Police Commission.";
 * (2) in item 6 of that Appendix by the substitution for the words will be referred to the President.". of the words "will be referred to the National Police Commission.";
 * (3) in item 7 of that Appendix, by the substitution for the words with the approval of the President.", of the words " with the approval of the National Police Commission,"; and
 * (4) in item 9:2 of that Appendix, by the substitution for the words "The President may, where he considers it necessary provide for alternate training for members of any Provincial Division", of the words "The National Police Commission may. where he considers it necessary provide for alternate training for members of any Provincial Division."

Section 24 Commissions under epealed Articles 56 and 112 of the Constitution to continue
24.
 * (1) The persons holding office on the date prior to the dale of commencement of this Act, as members of the Public Service Commission and the Judicial Service Commission established by Article 56 and Article 112 respectively, of the Constitution, shall continue to hold office as such members continue to exercise the powers vested in those Commissions under the Constitution, prior to the date of commencement of this Act, until the dale on which the members of the Public Service Commission and the Judicial Service Commission respectively, are appointed under Article 54 and Article 111D respectively of the Constitution.
 * (2) The persons holding office on the day prior to the date of or of this Act, as the Secretary to the Public Service Commission and as the Secretary to the Judicial Service Commission appointed under paragraph (7) of Article 56 and Article 113 respectively, of the Constitution, shall continue to hold such office under the same terms and conditions.

Section 25 Chief Justice, Judges of the Supreme Court, President of the Court of Appeal &c to continue to hold office
25.
 * (a) The Chief Justice and all the Judges of the Court and the President and all the Judges of the Court of . holding office on the day prior to the date of the commencement of this Act, shall, subject to the provisions or paragraph (3) of Article 41C, continue to hold office.
 * (b) Every person holding office on the day prior to the dale of the commencement of this Act, as the Attorney-General, the Auditor-General, the Inspector-General of Police, the Parliamentary Commissioner for Administration (Ombudsman) and the Secretary-General of Parliament shall, subject to the provisions of paragraph (3) of Article 41C, continue to hold such office under the same terms and conditions.

Section 26 Judges of the High Court &c to continue to hold office
26. Every person holding office on the day prior to the to of the commencement of this Act -
 * (a) as a Judge of the High Court;
 * (b) as a judicial officer, a scheduled public officer, a public officer or a police officer,

shall, continue to hold such office under the same terms and conditions.

Section 27 Substitution and savings
27.
 * (1) Unless the context otherwise requires, there shall be substituted for the expressions "Commissioner or Elections" and "Department of the Commissioner or Elections" wherever such expressions occur in the Constitution and in any written law or in any contract, agreement or other document, of the expression "Election Commission".
 * (2) The person holding office as the Commissioner of Elections on the day immediately preceding the date of the commencement of this Act, shall continue to exercise and perform the powers and functions of the office of Commissioner of Elections as were vested in him immediately prior to the commencement of this Act, and of the Election Commission, until an Election Commission is constituted in terms of Article 103, and shall, from and after the date on which the Election Commission is so constituted, cease to hold office as the Commissioner of Elections.
 * (3) All suits, actions and other legal proceedings instituted by or against the Commissioner of Elections appointed under Article 103 of the Constitution prior to the amendment of such Article by this Act, and pending on the day immediately prior to the date of commencement of this Act, shall be deemed to be suits, actions and other legal proceedings instituted by or against the Election Commission, and shall be continued and completed in the name of the Election Commission.
 * (4) Any decision or order made, or ruling given by the Commissioner of Elections appointed under Article 103 of the Constitution prior to the amendment of that Article, by this Act, and under any written law on or before the date of the commencement of this Act, shall be deemed to be a decision or order made or ruling given, by the Election Commission.

Section 28 Pending matters before the Public Service Commission to stand removed to the National Police Commission
28. All matters pertaining to the appointment, promotion, transfer, disciplinary control and dismissal of any police officer pending before the Public Service Commission, on or before the date of the commencement of this Act, shall stand removed to the National Police Commission established by Chapter XVIIIA of the Constitution and accordingly such matter shall be continued and completed before such National Police Commission.

Section 29 Sinhala text to prevail in ease of inconsistency
29. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.


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216 much more unnerved than he would have been by the arrival of any number of Spaniards. The eagle was let loose and not only walked at will up and down the company streets, but also at times flew wherever he wished. He was a young bird, having been taken out of his nest when a fledgling. Josephine hated him and was always trying to make a meal of him, especially when we endeavored to take their photographs together. The eagle, though good-natured, was an entirely competent individual and ready at any moment to beat Josephine off. Cuba was also oppressed at times by Josephine, and was of course no match for her, but was frequently able to overawe by simple decision of character.

In addition to the animal mascots, we had two or three small boys who had also been adopted by the regiment. One, from Tennessee, was named Dabney Royster. When we embarked at Tampa he smuggled himself on board the transport with a 22-calibre rifle and three boxes of cartridges, and wept bitterly when sent ashore. The squadron which remained behind adopted him, got him a little Rough Rider's uniform, and made him practically one of the regiment.

The men who had remained at Tampa, like ourselves, had suffered much from fever, and the horses were in bad shape. So many of the men were sick that none of the regiments began to drill for some


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 next place, it is manifet: that in this bleing to Noah and his ons, property is not only given in clear words, but in a larger extent than it was to ''Adam. Into your hands'' they are given, ays God to Noah and his ons; which words, if they give not property, nay, property in poeion, it will be hard to find words that can ; ince there is not a way to expres a man's being poeed of any thing more natural, nor more certain, than to ay, it is delivered into his hands. And ver. 3. to hew, that they had then given them the utmot property man is capable of, which is to have a right to detroy any thing by uing it ; Every moving thing that liveth, aith God, hall be meat for you ; which was not allowed to Adam in his charter. This our author calls, a liberty of uing them for food, and only an enlargement of commons, but no alteration of property, Obervations, 211. What other property man can have in the creatures, but the liberty of uing them, is hard to be undertood : o that if the firt bleing, as our author ays, gave Adam dominion over the creatures, and the bleing to Noah and his ons, gave them uch a liberty to ue them, as Adam had not ; it mut needs give them omething that Adam with all his overeignty wanted, omething that one would be apt to take for a greater property ; for certainly he has no abolute dominion over even the brutal part of the creatures ; and the property he has in, Rh


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 Advisory Editors:

PRINCETON UNIVERSITY

INTERNATIONAL MUSEUM OF PHOTOGRAPHY

AT GEORGE EASTMAN HOUSE

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Rh time after reaching Montauk. There was a great deal of paper-work to be done; but as I still had charge of the brigade only a little of it fell on my shoulders. Of this I was sincerely glad, for I knew as little of the paper-work as my men had originally known of drill. We had all of us learned how to fight and march; but the exact limits of our rights and duties in other respects were not very clearly defined in our minds; and as for myself, as I had not had the time to learn exactly what they were, I had assumed a large authority in giving rewards and punishments. In particular I had looked on the courts-martial much as Peter Bell looked on primroses—they were courts-martial and nothing more, whether resting on the authority of a lieutenant-colonel or of a major-general. The mustering-out officer, a thorough soldier, found to his horror that I had used the widest discretion both in imposing heavy sentences which I had no power to impose on men who shirked their duties, and, where men atoned for misconduct by marked gallantry, in blandly remitting sentences approved by my chief of division. However, I had done substantial, even though somewhat rude and irregular, justice—and no harm could result, as we were just about to be mustered out.

My chief duties were to see that the camps of the three regiments were thoroughly policed and kept Rh


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 other chemicals possessing analogous photographic properties, denominate them ‘the sensitizer;’ and in referring to the colored gelatinous solution, I will denominate this mixture ‘the tissue-compound.’ When the tissue to be produced is required for immediate use, I add the sensitizer to the tissue compound; but, where the tissue is required to be preserved for some time before using, I prefer to omit the sensitizer from the tissue-compound, with a view to the tissue being made sensitive to light subsequently, by the application of a solution of the sensitizer.

“With respect to the composition of the tissue-compound, it will be understood by chemists, that it may be varied without materially affecting the result, by the addition or substitution of other organic matters, similarly acted upon by light, when combined with a salt of chromium, such as I have referred to. Such other organic matters are gum arabic, albumen, dextrine; and one or more of these may be employed occasionally to modify the character of the tissue-compound, but I generally prefer to make it as follows: I dissolve, by the aid of heat, two parts of gelatine, in eight parts of water, and to this solution I add one part of sugar, and as much coloring matter in a finely divided state, or in a state of solution, or both, as may be required for the production of a photographic print with a proper gradation of light and shade. The quantity required for this purpose must be regulated by the nature of the coloring matter employed, and also by the character of the negative to be used in the printing operation. Where it is desired that the coloring matter of the print should consist entirely or chiefly of carbon, I prefer to use lampblack finely ground and prepared as for water-color painting, or I use Indian-ink; and where it is desired to modify the black, I add other coloring matter to produce the color desired. For instance, I obtain a purple black by adding to the carbon, indigo and crimson-lake, or I add to the carbon an aniline dye of a suitable color; where the coloring matter used is not a solution or dye, but solid matter in a fine state of division, such as Indian-ink or lampblack, I diffuse such coloring matter through water, or other inert liquid capable of holding it in suspension; and after allowing the coarser particles to subside, I add, of that portion which is held in suspension, as much as is required, to the gelatine solution. In preparing tissue to be used in printing from negatives technically known as ‘weak,’ I increase the proportion of coloring matter relatively to that of the tissue-compound; and I

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 diminish it, for tissue or paper to be used in printing from negatives of an opposite character.

“Having prepared the tissue-compound as before described, I proceed to use it as follows: For preparing sensitive tissue, I add to the tissue-compound more or less of the sensitizer, varying the quantity added, according to the nature of the sensitizer, and to the degree of sensitiveness to be conferred on the tissue to be produced from it. For ordinary purposes, and where the tissue-compound is made according to the formula before given, I add about one part of a saturated solution of bichromate of ammonia to ten parts of the tissue-compound; and I make this addition immediately previous to the preparation of the tissue, and I maintain the tissue-compound in the fluid state, by means of heat, during the preparation of the tissue, avoiding the use of an unnecessary degree of heat; I also filter it through fine muslin or flannel, or other suitable filtering medium, previous to use; and I perform all the operations with the tissue-compound, subsequent to the introduction of the sensitizer, in a place suitably illuminated with yellow or non-actinic light. In forming tissue upon a surface of glass, I first prepare the glass, so as to facilitate the separation of the tissue from it. For this purpose, I apply ox-gall to the surface of the glass (by means of a brush, or by immersion), and allow it to dry. The glass is then ready for coating with the tissue-compound, or I apply to the glass a coating of collodion, previous to the application of the coating of tissue-compound. In this case, the preparation with ox-gall is unnecessary. When collodion is used, the collodion may consist of about ten grains of pyroxyline in one ounce of mixture of equal parts of sulphuric ether and alcohol. I apply the collodion by pouring it on the surface to be coated, and draining off the excess, and I allow the coating of collodion to become dry before applying the coating of tissue-compound. I generally use a plane surface on which to form the tissue, but surfaces of a cylindrical or other form may sometimes be used advantageously. In preparing sheets of sensitive tissue on a plane surface of glass, I prefer to use the kind of glass known as plate, or patent plate. Before applying the sensitive tissue-compound, I set the plate to be coated, so that its upper surface lies in a horizontal position, and I heat the plate to about the same temperature as the tissue-compound, that is, generally, to about 100 degrees, Fahrenheit. The quantity of the tissue-compound that I apply to the glass varies with circumstances, but is generally about two ounces to each square foot of surface coated.

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 After pouring the requisite quantity of the tissue-compound upon the surface of the plate, I spread or lead the fluid by means of a glass rod or soft brush, over the entire surface, taking care to avoid the formation of air-bubbles; and I keep the surface in the horizontal position, until the solidification of the tissue-compound. In coating other than plane surfaces, I vary, in a suitable manner, the mode of applying the tissue-compound to such surfaces. In coating a cylindrical surface, I rotate the cylinder in a trough containing the tissue-compound, and after having produced a uniform coating, I remove the trough, and keep up a slow and regular rotation of the cylinder until the coating has solidified. After coating the surface of glass or other substance as described, I place it in a suitable position for rapid drying, and I accelerate this process by artificial means, such as causing a current of dry air to pass over the surface coated, or I use heat, in addition to the current of air, or I place it in a chamber containing quick-lime, chloride of calcium, or other substance of analogous desiccating property. When the tissue is dry, I separate it from the surface on which it was formed, by making an incision through the coating to the glass, around the margin of the sheet; or I cut through the cylindrical coating near the ends of the cylinder, and also cut the coating across, parallel with the axis of the cylinder, when, by lifting one corner, the whole will easily separate in a sheet. When the tissue-compound is applied over a coating of collodion, the film, produced by the collodion, and that produced by the tissue-compound, cohere, and the two films form one sheet. Sometimes, before the separation of the coating from the glass, I attach to the coating a sheet of paper, for the purpose of strengthening the tissue, and making it more easy to manipulate. I generally apply the paper, in a wet state, to, the dry gelatinous surface; and having attached the paper thereto in this manner, I allow it to dry; and I then detach the film and adherent paper from the glass, by cutting around the margin of the sheet, and lifting it off as before described. Where extreme smoothness of surface, such as is produced by moulding the tissue on glass, as described, is not of importance; and where greater facility of operation is desired, I apply a thick coating of the tissue-compound to the surface of a sheet of paper. In this case, the paper is merely used as a means of forming, and supporting temporarily, the film produced from the tissue-compound; and such paper separates from the gelatinous coating in a subsequent stage of my proces. In coating a surface of paper with the

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 them is very narrow and canty, who cannot make that ue of them, which is permitted to another. Should any one who is, abolute lord of a country, have bidden our author ubdue the earth, and given him dominion over the creatures in it, but not have permitted him to have taken a kid or a lamb out of the flock, to atisfy his hunger, I gues, he would carce have thought himelf lord or proprietor of that land, or the cattle on it ; but would have found the difference between having dominion, which a hepherd may have, and having full property as an owner. So that, had it been his own cafe, Sir Robert, I believe, would have thought here was an alteration, nay, an enlarging of property ; and that Noah and his children had by this grant, not only property given them, but uch a property given them in the creatures, as Adam had not : For however, in repect of one another, men may be allowed to have propriety in their ditinct: portions of the creatures ; yet in repect of God the maker of heaven and earth, who is ole lord and proprietor of the whole world, man's propriety in the creatures is nothing but that liberty to ue them, which God has permitted ; and o man's property may be altered and enlarged, as we ee it was here, after the flood, when other ues of them are allowed, which before were not. From all which I uppoe it is clear, that neither Adam, nor Rh


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218 in first-class sanitary condition. This took up some time, of course, and there were other matters in connection with the mustering out which had to be attended to; but I could always get two or three hours a day free from work. Then I would summon a number of the officers, Kane, Greenway, Goodrich, Church, Ferguson, McIlhenny, Frantz, Ballard and others, and we would gallop down to the beach and bathe in the surf, or else go for long rides over the beautiful rolling plains, thickly studded with pools which were white with water-lilies. Sometimes I went off alone with my orderly, young Gordon Johnston, one of the best men in the regiment; he was a nephew of the Governor of Alabama, and when at Princeton had played on the eleven. We had plenty of horses, and these rides were most enjoyable. Galloping over the open, rolling country, through the cool fall evenings, made us feel as if we were out on the great Western plains and might at any moment start deer from the brush, or see antelope stand and gaze, far away, or rouse a band of mighty elk and hear their horns clatter as they fled.

An old friend, Baron von Sternburg, of the German Embassy, spent a week in camp with me. He had served, when only seventeen, in the Franco-Prussian War as a hussar, and was a noted sharp-shooter—being "the little baron" who is the hero of


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 tissue-compound, I apply the sheet, sometimes of considerable length, to the surface of the tissue-compound contained in a trough, and kept fluid by means of heat, and I draw or raise the sheet or length of paper off the surface with a regular motion; and I sometimes apply more than one coating to the same sheet in this manner. After such coating, I place the coated paper where it will quickly dry, and seclude it from injurious light.

“The sensitive tissue, prepared as before described, is, when dry, ready to receive the photographic impression, by exposure under a negative in the usual manner, or by exposure in a camera obscura, to light transmitted through a negative in the manner usual in printing by means of a camera. I prefer to use the sensitive tissue within two days of the time of its preparation. Where the tissue is not required for immediate use, I omit the sensitizer from the tissue-compound as before mentioned; and with this non-sensitive tissue-compound, I coat paper, glass, or other surface, as described in the preparation of the sensitive tissue or paper. In preparing sheets of non-sensitive tissue by means of glass, as described, I use no preliminary coating of collodion. I dry the non-sensitive tissue in the same manner as the sensitive, except that in the case of the non-sensitive tissue, seclusion from daylight is not necessary.

“The non-sensitive tissue is made sensitive, when required for use, by floating the gelatinous surface upon a solution of the sensitizer, and the sensitizer that I prefer to use for this purpose is an aqueous solution of the bichromate of potash containing about two and a half per cent, of this salt. I apply the sensitizer (by floating or otherwise), to the gelatinous surface of the tissue; and after this, I place it in a suitable position for drying, and exclude it from injurious light.

“In applying to photographic printing the various modifications of the sensitive tissue, prepared as before described, I place the sensitive tissue on a negative in an ordinary photographic printing-frame, and expose to light in the manner usual in photographic printing; or I place it in a camera obscura in the manner usual in printing by means of a camera obscura. When the tissue employed is coated with a film of collodion on one side, I place the collodionized side in contact with the negative; or where it is used in the camera, I place the collodionized side towards the light passing through the camera lens. Where the tissue is not coated with collodion, and where paper forms one of the surfaces of the tissue, the other surface being formed of a coating or film of the

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Rh Morris-dancing was so inseparably connected with the Whitsuntide and other festivals in Oxfordshire, that a short account of it seems necessary. I have summarised below the accounts received from the following villages: Ascot-under-Wychwood, Asthal Leigh, Bampton, Brize Norton, Ducklington, Field Assarts near Leafield, Finstock, Leafield, Kirtlington, Shipton under Wychwood, Spelsbury, Wheatley, together with Oakley (Bucks), and Chipping Warden, (Northants), both close to the Oxfordshire border. The dancers were always six in number, except at Bampton, where two spare men relieved two of the six dancers at times. They were nearly always men, but at Spelsbury, about 70 years ago, six girls used to dance, and Blount, in the passage quoted above, records that in the 17th century there was a "Morisco Dance" of women, as well as of men, at Kidlington. The girls at Spelsbury wore a head-gear of ribbons and flowers, with short dresses, and bells on their legs, similar to those worn by the men. The regular dress of the men consisted of a beaver or silk hat decked with ribbons — though in one case it had degenerated into a brown "bowler" hat — elaborately worked and pleated white shirts, crossed with coloured ribbons and rosettes, and white moleskin trousers, or else white knee-breeches and stockings. To this some dandies added a white waistcoat, but this was unusual. With the dancers went a spare man to look after their coats, &c., who was called the "Ragman."

Invariably accompanying the troupe was a fool, generally called the "Squire," but known at Asthal and at Field Assarts as "Rodney" — for what reason I do not know. The "Squire" wore a dress of motley, and carried a stick with a bladder and a cow's tail at either end. With this he would clear a ring for the dancers, and bang the spectators on the head. Sometimes, as at Bampton, he carried a "treasury" or money-box. Attached to their trousers or breeches just below the


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 which the transfer is to be effected, such piece of paper or card having been previously moistened with water, and I press the print and mount strongly together; and, after the paper or card has become perfectly dry, I remove the paper or other supporting material, temporarily attached, previous to development, either by simply tearing it off, where the cement used in the temporary mounting is of a nature to allow of this without injury to the print, or I apply to the temporary mount, benzole or turpentine, or other solvent of the cement employed, or I immerse the print in such solvent, and then detach the temporary mount, and so expose the reverse surface of the print; and, after removing from the surface of the print, by means of a suitable solvent, any remains of the cement used in the temporary mounting, I finish the print by pressing in the usual manner. If, however, the print be collodionized, and be required to be tinted with water-color, I prefer to remove the collodion film from the surface of the print, and this I do by the application of ether and alcohol.

“Having now set forth the nature of my invention of ‘Improvements in Photography,’ and explained the manner of carrying the same into effect, I wish it to be understood, that under the above in part recited letters-patent, I claim: First, the preparation and use of colored gelatinous tissues in the manner and for the purpose above described.

“Secondly, the mounting of undeveloped prints, obtained by the use of colored gelatinous tissues, in the manner and for the purpose above described.

“Thirdly, the re-transfer of developed prints, produced, as above described, from a temporary to a permanent support.”

It will be seen that one of the essential features of the process is the production of a “tissue,” which renders the manipulations necessary to perfect results practical and easy, which were before difficult or impossible. We shall see in the historical notes which follow that the principles upon which carbon printing is based had received partial recognition at an early period. As they became more perfectly understood the practical difficulties seemed greater. The imperative condition upon which half-tone depends, the exposure of one side of the

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 tissue-compound, I place this last-named surface in contact with the negative; or, when using it in the camera, I present this surface towards the light transmitted by the lens. After exposure for the requisite time, I take the tissue from the printing-frame or camera, and mount it in the manner hereinafter described, that is to say, I cement the tissue, with its exposed surface, or, in other words, with that surface which has received the photographic impression, downward, upon some surface (usually of paper) to serve temporarily as a support during the subsequent operation of developing, and with a view to the transfer of the print, after development, to another surface; or I cement it (also with the exposed or photographically impressed surface downward), upon the surface to which it is to remain permanently attached. The surface, on which it is so mounted, may be paper, card, glass, porcelain, enamel, etc. Where the tissue has not been coated with collodion previous to exposure to light, I prefer to coat it with collodion on the exposed or photographically impressed side, before mounting it for development, but this is not absolutely necessary; and I sometimes omit the coating with collodion, more particularly where the print is intended to be colored subsequently. Or where I employ collodion, with a view to connect the minute and isolated points of the print firmly together during development, I sometimes ultimately remove the film it forms, by means of a mixture of ether and alcohol, after the picture has been finally mounted, and the support of the film of collodion is no longer required. In mounting the exposed tissue or paper previous to development, in the temporary manner, with a view to subsequent transfer to another surface, I employ, in the mounting, a cement that is insoluble in the water used in the developing operation, but that can be dissolved afterwards, by the application of a suitable solvent; or one that possesses so little tenacity, that the paper or other support, attached temporarily to the tissue or paper by its means, may be subsequently detached without the use of a solvent.

“The cements that may be used for temporary mounting are very various, but I generally prefer to use a solution of India-rubber, in benzole or other solvent, containing about six grains of India-rubber in each ounce of the solvent, and I sometimes add to the India-rubber solution a small proportion of dammar-gum, or gutta-percha. In using this cement, I float the photographically impressed surface of the tissue upon it, and I treat, in a similar manner, the paper or other surface intended to be used as the

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Peter Bell should be linked to Wordsworth's long poem of the same name, but that text doesn't yet exist on Wikisource.


text: 1911 Encyclopædia Britannica/Harmony

title: 1911 Encyclopædia Britannica/Harmony


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 Noah, had any private dominion, any property in the creatures, excluive of his poterity, as they hould ucceively grow up into need of them, and come to be able to make ue of them.

§. 40. Thus we have.examined our author's argument for Adam's monarchy, founded on the bleing pronounced, i.Gen. 28. Wherein I think it is impoible for any ober reader, to find any other but the etting of mankind above the other kinds of creatures, in this habitable earth of ours. It is nothing but the giving to man, the whole pecies of man, as the chief inhabitant, who is the image of his Maker, the dominion over the other creatures. This lies o obvious in the plain words, that any one, but our author, would have thought it neceary to have hewn, how thee words, that eemed to ay the quite contrary, gave Adam monarchical abolute power over other men, or the ole property in all the creatures ; and methinks in a buines of this moment, and that whereon he builds all that follows, he hould have done omething more than barely cite words, which apparently make againt him ; for I confes, I cannot ee any thing in them, tending to Adam's monarchy, or private dominion, but quite the contrary. And I the les deplore the dulnes of my apprehenion herein, ince I find the apotle eems to have as little notion of any uch private dominion of Adam 'as


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Rh Archibald Forbes's true story of "The Pig-dog." He and I had for years talked over the possibilities of just such a regiment as the one I was commanding, and he was greatly interested in it. Indeed I had vainly sought permission from the German ambassador to take him with the regiment to Santiago.

One Sunday before the regiment disbanded I supplemented Chaplain Brown's address to the men by a short sermon of a rather hortatory character. I told them how proud I was of them, but warned them not to think that they could now go back and rest on their laurels, bidding them remember that though for ten days or so the world would be willing to treat them as heroes, yet after that time they would find they had to get down to hard work just like everyone else, unless they were willing to be regarded as worthless do-nothings. They took the sermon in good part, and I hope that some of them profited by it. At any rate, they repaid me by a very much more tangible expression of affection. One afternoon, to my genuine surprise, I was asked out of my tent by Lieutenant-Colonel Brodie (the gallant old boy had rejoined us), and found the whole regiment formed in hollow square, with the officers and color-sergeant in the middle. When I went in, one of the troopers came forward and on behalf of the regiment presented me with Remington's fine bronze, "The Bronco-buster." There


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220 could have been no more appropriate gift from such a regiment, and I was not only pleased with it, but very deeply touched with the feeling which made them join in giving it. Afterward they all filed past and I shook the hand of each to say good-by.

Most of them looked upon the bronze with the critical eyes of professionals. I doubt if there was any regiment in the world which contained so large a number of men able to ride the wildest and most dangerous horses. One day while at Montauk Point some of the troopers of the Third Cavalry were getting ready for mounted drill when one of their horses escaped, having thrown his rider. This attracted the attention of some of our men and they strolled around to see the trooper remount. He was instantly thrown again, the horse, a huge, vicious sorrel, being one of the worst buckers I ever saw; and none of his comrades were willing to ride the animal. Our men, of course, jeered and mocked at them, and in response were dared to ride the horse themselves. The challenge was instantly accepted, the only question being as to which of a dozen noted bronco-busters who were in the ranks should undertake the task. They finally settled on a man named Darnell. It was agreed that the experiment should take place next day when the horse would be fresh, and accordingly next day the majority of both regiments turned out on a big open


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 as I, when he ays, God gives us all things richly to enjoy, which he could not do, if it were all given away already, to Monarch Adam, and the monarchs his heirs and ucceors. To conclude, this text is o far from proving Adam ole proprietor, that, on the contrary, it is a confirmation of the original community of all things amongt the ons of men, which appearing from this donation of God, as well as other places of cripture, the overeignty of Adam, built upon his private dominion, mut fall, not having any foundation to upport it.

§. 41. But yet, if after all, any one will needs have it o, that by this donation of God, Adam was made ole proprietor of the whole earth, what will this be to his overeignty ? and how will it appear, that propriety in land gives a man power over the life of another ? or how will the poeion even of the whole earth, give any one a overeign arbitrary authority over the perons of men ? The mot pecious thing to be aid, is, that he that is proprietor of the whole world, may deny all the ret of mankind food, and o at his pleaure tarve them, if they will not acknowledge his overeignty, and obey his will. If this were true, it would be a good argument to prove, that there never was any uch property, that God never gave any uch private dominion ; ince it is more reaonable to think, that God, who bid man- kind


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Rh flat in front of my tent—brigade head-quarters. The result was that after as fine a bit of rough riding as one would care to see, in which one scarcely knew whether most to wonder at the extraordinary viciousness and agile strength of the horse or at the horsemanship and courage of the rider, Darnell came off victorious, his seat never having been shaken. After this almost every day we had exhibitions of bronco-busting, in which all the crack riders of the regiment vied with one another, riding not only all of our own bad horses but any horse which was deemed bad in any of the other regiments. Darnell, McGinty, Wood, Smoky Moore, and a score of others took part in these exhibitions, which included not merely feats in mastering vicious horses, but also feats of broken horses which the riders had trained to lie down at command, and upon which they could mount while at full speed.

Toward the end of the time we also had mounted drill on two or three occasions; and when the President visited the camp we turned out mounted to receive him as did the rest of the cavalry. The last night before we were mustered out was spent in noisy, but entirely harmless hilarity, which I ignored. Every form of celebration took place in the ranks. A former Populist candidate for Attorney-General in Colorado delivered a fervent oration in favor of free silver; a number of the college boys