ORDINANCE No. 9 of 1862.
Police Force.
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may apprehend persons suspected of felony or misdemeanour.
18. It shall be lawful for any officer or constable of the Police Force to apprehend any person who shall be charged with, or whom he shall reasonably suspect of being guilty of any felony or misdemeanour without any warrant for that purpose, and whether he shall have seen such felony or misdemeanour committed or not, and whenever any person so apprehended shall be brought without warrant to the officer in charge of any Police Station, it shall be lawful for such last mentioned officer, in a case of misdemeanour, if he shall deem it proper so to do, and if no Magistrate shall be in attendance at his office, to take bail by recognizance with or without sureties in a sufficient sum without fee or reward from such person, conditioned that such person shall appear for examination before a Magistrate at some place to be specified in the recognizance, being the earliest time then next after when a Magistrate shall be in attendance at his office; and every recognizance so taken shall be of equal obligation on the parties entering into the same and liable to the same proceedings for estreating thereof, as if the same had been taken before a Magistrate; and the respective names, residences and occupations of the person so apprehended, and his surety or sureties, if any, entering into such recognizance, together with the condition thereof and the sums respectively acknowledged, shall be entered in a book to be kept for that purpose, which shall be laid before the Magistrate, before whom the person apprehended is to appear; and if he do not appear when called upon at the time and place mentioned in such recognizance, the Magistrate shall forthwith estreat the recognizance: Provided that, if the person apprehended shall appear and shall make application for a postponement of the hearing of the charge against him, the Magistrate may, if he see fit to grant such application, enlarge the recognizance to such further time as he may think proper, and when the matter shall have been heard and determined, such recognizance shall be discharged without fee or reward.
Particulars of recognizance to be entered in book, and forfeited on non-appearance of defendant.
19. In case any action shall be brought against any officer or constable of the Police Force for any act done in obedience to the warrant of any Magistrate, the officer or constable shall not be responsible for any irregularity in the issuing of the warrant or for any want of jurisdiction in the Magistrate issuing the same, and the officer or constable may plead the general issue and give such warrant in evidence; and upon producing such warrant and proving that the signature thereto is the handwriting of a person reputed to be a Magistrate, and that the act was done in obedience thereto, the officer or constable shall be entitled to a verdict in his favour.
Police officer not responsible for want of jurisdiction. General issue may be pleaded and special matter given in evidence.