254
Penalty for Neglect of
Duty, or Non- delivery of Arms on quit- ting Force.
Captain Super- intendent or Magistrate to punish for Breaches of Discipline.
Penalty for Possession of Police Appoint ments, or per- sonating Police
Officer.
Police Officer may apprehend Persons sus- pected of being guilty of Felony or Misdemea-
Kor.
To take Bail.
ORDINANCE No. 9. OF 1862.
Police Force.
Appointments whatsoever which shall not be so delivered over, wheresoever the same shall be found,
XV. Whenever any Inspector, Sergeant or Constable of the Force shall be guilty of any Neglect or Violation of Duty in his Office, or shall neglect or refuse to obey or execute any Warrant lawfully directed to be by him executed, or shall be guilty of any Disobedience to the Orders and Regulations framed by the Captain Superintendent, or any other Misconduct as an Officer of the Police Force or as a Constable, or who having duly engaged and bound himself to serve in the Force shall desert therefrom, or who being permitted to resign shall not upon ceasing to belong to the Force deliver up all Arms, Accoutrements, and Appoint- ments whatsoever entrusted to him for the Performance of his Duty, he shall, upon Conviction thereof before a Police Magis- trate in a Summary Manner, forfeit and pay a Sum not exceed. ing Two Hundred Dollars, and in Default of Payment thereof, be imprisoned in any Gaol of this Colony with or without Hard Labour, for any Term not exceeding Six Months; and every Offender shall forfeit all Pay during his Imprisonment.
XVI. The Captain Superintendent shall, in Cases of Breach of Discipline or Neglect of Duty by any Officer or Constable of the Force, upon Proof thereof to his Satisfaction, have Power to order the Offender to forfeit and pay a Sum not exceeding Twenty-five Dollars, or award Imprisonment for any term not exceeding Seven Days with Forfeiture of Pay; or, in his Discre- tion, the Captain Superintendent may bring the Offender before a Police Magistrate who shall have Power to award Imprisonment for any Teru not exceeding Fourteen Days with or without Hard Labour, together with Forfeiture of all Pay during such Imprisonment.
XVII. If any Person not being a Member of the Police Force shall have in his Possession any Arms, Accoutrements or Ap- pointments supplied to any Officer of the Force, and shall not be able satisfactorily to account for his Possession thereof, or shall put on or assume the Drees, Name, Designation or Description of an Officer of the Force or of a Constable, every such Person ɛo offending shall, in addition to any other Punishment to which he may be liable for such Offence, forfeit and pay for every such Offence any Sum not exceeding Two Hundred Dollars, to be recovered in a summary Manner before any Police Magistrate.
XVIII 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 Misdemeanor without any Warrant for that Purpose, and whether he shall have seen such Felony or Misdemeanor com- mitted 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 Misdemeanor, 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
ORDINANCE No. 9. or 1862.
Police Force.
in Book,
255
227
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 Particulars of and Occupations of the Person so apprehended, and his Surety or Recognizance Sureties, if any, entering into such Recognizance, together with to be entered the Condition thereof and the Sums respectively acknowledged, shall be entered in a Book to be kept for that Purpose, which and forfeited
on Non-appear- shall be laid before the Magistrate, before whom the Person
ance of Defen- apprehended is to appear; and if he do not appear when called dant. upon at the Time and Place mentioned in such Recognizance, the Magistrate shall forthwith estreat the Recognizance: Pro- vided 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.
XIX. In case any Action shall be brought against any Officer Police Officer or Constable of the Police Force for any act done in Obedience to not responsible the Warrant of any Magistrate, the Officer or Constable shall for want of
Jurisdiction. not be responsible for any Irregularity in the Issuing of the General Issue Warrant or for any Want of Jurisdiction in the Magistrate issuing may be pleaded the same, and the Officer or Constable may plead the General and special Issue and give such Warrant in Evidence; and upon producing Matter given such Warrant and proving that the Signature thereto is the Hand- in Evidence. writing of a Person reputed to be a Magistrate, and that the Act was done in Obedience to such Warrant, the Jury or Court before whom the Action is tried, shall find a Verdict for the Defendant who shall also recover double his Costs of Suit.
XX. If any Victualler or Keeper of any House, Shop, Room Victualler har- or other Place for the Sale of any Liquors whether spirituous or bouring Police otherwise, shall knowingly harbour or entertain any Man belong Officer on Duty,
ou Conviction, ing to the Police Force, or permit him to abide or remain in his
to be fined. House, or on other his Premises during any Part of the Timo appointed for his being on Duty, every such Victualler or Keeper, being convicted thereof before any Magistrate, shall for each Offence forfeit and pay such Sum not exceeding One Hundred Dollars together with Costs, to he recovered in a Summary Manner as the said Magistrate shall direct, and in Default of Payment shall be liable, if no sufficient Distress can be found, to be imprisoned for any Term not exceeding Three Months.
XXI. If any Person shall assault or resist any Member of the Penalty for Police Force, acting in the Execution of his Duty, or shall aid or assaulting incite any Person so to assault or resist, or shall refuse to assist Police Officer any Officer or Constable in the Execution of his Duty when in Execution of
Duty. called upon so to do, every such Offender being thereof convicted before any Magistrate, shall for every such Offence forfeit and pay
Ord
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