Constable not to be liable to action on proof of signature of Magistrate.
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 handwriting of the person, whose name shall appear subscribed thereto, and that such person is reputed to be, and acts as a Magistrate for the Colony of Hongkong, and that the act or acts complained of were done in obedience to such warrant, the Jury or Court, who shall try the said issue, shall find a verdict for the Defendant, who shall also recover double his costs of suit.
Exemption serving on Juries.
15. And be it enacted, that the Chief, Marine, and Assistant Magistrates, the Superintendent, and constables of Police, and the Clerks, inferior officers, and other officers, to be appointed under this Ordinance, so long as they shall continue to hold the said offices, or appointments respectively, shall be and are, and each of them is hereby, exempted from serving on all Juries, or inquests whatsoever.
Penalty on public-
16. And be it enacted, that if any victualler, or keeper of any house, shop, or other place for the sale of any liquors, whether spirituous or otherwise, shall knowingly harbour or entertain any man belonging to the said Police force, or permit such man to abide, or remain in his house, shop, room, or other place, during any part of the time appointed for his being on duty, every such victualler, or keeper as aforesaid, being convicted thereof, before any one Justice of the Peace, shall for every such offence forfeit, and pay such sum not exceeding one hundred dollars, to be recovered in a summary manner, as the said Justice shall think meet.
Penalty on persons obstructing or refusing to assist Police
17. And be it enacted, that if any person shall assault, or resist any person belonging to the said Police force, in execution of his duty, or shall aid, or incite any person, so to assault, or resist, or shall refuse to assist him therein, when called upon so to do, every such offender, being thereof convicted before any one Justice of the Peace, shall, for every such offence, forfeit, and pay such sum not exceeding two hundred dollars, to be recovered in a summary manner, as the said Justice at his discretion may adjudge.
HENRY POTTINGER,
Governor, &c., &c.
Passed the Legislative Council, the 1st day of May, 1844.
RICHARD BURGASS,
Clerk of the Legislative Council.
HONGKONG, Published by Authority.
Printed by JOHN CAIRNS.
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