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A person loitering at night and suspected of any felony may be apprehended.
Punishment of principals in the second degrees and accessories
Hard labour.
Solitary confinement.
ORDINANCE No. 4 of 1865.
Offences against the Person.
mitting any such offence, and the barrels, packages, cases, and other receptacles in which the same shall be, the same powers and protections which are given by Ordinance No. 10 of 1844.
Other Matters.
61. Any constable or peace officer may take into custody without a warrant, any person whom he shall find lying or loitering or being in any highway, yard, or other place during the night, and whom he shall have reasonable cause to suspect of having committed or being about to commit or intending to commit any felony or misdemeanor in this Ordinance mentioned, and shall take such person, as soon as reasonably may be, before a Police Magistrate, to be dealt with according to law.
62. In the case of every felony, punishable under this Ordinance, every principal in the second degree, and every accessory before the fact, shall be punishable in the same manner as the principal in the first degree is by this Ordinance punishable; and every accessory after the fact to any felony punishable under this Ordinance (except murder) shall be liable to be imprisoned for any term not exceeding two years, with or without hard labour; and every accessory after the fact to murder shall be liable, at the discretion of the Court, to be kept in penal servitude for life, or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour; and whosoever shall conceal, aid, or abet the commission of any indictable misdemeanor, punishable under this Ordinance, shall be liable to be proceeded against, indicted, and punished as a principal offender.
63. Whenever imprisonment, with or without hard labour, may be awarded for any indictable offence under this Ordinance, the Court may sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour, and in either case the sentence shall be carried out in accordance with the provisions of Ordinance No. 4 of 1863, section 15. [“No. 18 of 1885” as amended by Ordinance No. 18 of 1885.]
64. Whenever solitary confinement may be awarded for any offence under this Ordinance, the Court may direct the offender to be kept in solitary confinement for any portion or portions of his imprisonment, or of any imprisonment with hard labour, which the Court may award not exceeding one month at any one time, and not exceeding three months in any one year. [Repealed by Ordinance No. 1 of 1866 and new section substituted.]