ORDINANCE No. 12. OF 1844.
Police Force Regulation.
which shall be laid before such Justice, as shall be present at the time and place, when and where the party is required to appear, and if the party do not appear at the time and place required, or within one hour after, the Justice shall cause a record of the recognizance to be drawn up, and shall return the same to the next sittings of the Court, in which the offence charged should be brought for trial, with a certificate at the back thereof, signed by such Justice, that the party or parties have not complied with the obligation therein contained, and the proper officer of the said Court shall make the like estreats and schedules of every such recognizance, as of recognizances forfeited in the said Court, and if the party not appearing shall apply by any person on his behalf, to postpone the hearing of the charge against him, and the Justice shall think fit to consent thereto, the Justice shall be at liberty to enlarge the recognizance to such further time as he shall appoint, and when the matter shall be heard and determined, either by the dismissal of the complaint, or by binding the party over to answer the matter thereof before any superior Court, the recognizance for the appearance of the party before a Justice shall be discharged without fee or reward.
12. And be it enacted, that the Chief Magistrate of Police, subject to the approbation of the Governor for the time being, shall from time to time direct a sufficient number of men belonging to the Police Force to be appointed under this Ordinance, and of such ranks as shall be necessary and proper to attend on the Justices of the Peace acting in and for any port, district, or other division of the said Colony respectively, who shall obey and execute all the lawful warrants, orders, and commands of such Justices, in all matters civil and criminal.
13. And when any warrant, order, or command of any Magistrate, shall be delivered or given to any constable, serjeant, or other inferior officer of Police, he shall, if the time will permit, show or deliver the same to the Superintendent of Police, or other officer, (under whose immediate command such constable, serjeant, or other inferior officer of Police, shall then be), and such Superintendent, or other officer, shall nominate and appoint by indorsement thereon, such one or more of the constables, or of other ranks, under his orders, and such assistant or assistants to him or them, as such Superintendent, or other officer, shall think proper, to execute such warrant, order, or command, and every such constable, or other person, whose name shall be so indorsed, and every such assistant as aforesaid, shall have all and every the same rights powers and authorities for, and in the execution of every such warrant, order, or command, as if the same had been originally directed to him, or them expressly by name.
14. And be it enacted, that when any action shall be brought against any constables, or inferior officer of Police, for any act done in obedience of the warrant of any Magistrate, such constable, or inferior officer of Police, shall not be responsible for any irregularity in the issuing of such warrant, or for any want of jurisdiction in the Magistrate issuing the same, and such constable, or inferior officer of Police, may plead the general issue, and give such warrant in evidence, and upon producing such warrant and proving that the signature thereto is the hand writing of the person, whose name
Recognizance of ball to be estreated.
Recognizance of ball may be enlarged.
Constables to attend Magistrates.
Name of constable appointed to execute warrant to be Indorsed thereon.
Constable not to be liable to action on proof of signature of Magistrate.
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