COLONIAL ORDINANCES.
64
done any Hurt or Damage, shall be, without the Warrant of a
Magistrate, in the Custody of any Constable of the Police Force in
charge of any Station-house, during the Time when the Police Courts
or Magistrates ' Offices shall be shut, it shall be lawful for such
Constable, if he shall deem it prudent, to take the Recognizance of
such Person, with or without Sureties, conditioned as hereinafter
mentioned.
Power to bind over XXIII. And be it further enacted and ordained , That whenever
Persons making Char-
ges. any Person charged with any Felony or any Misdemeanour punish-
able by Transportation, or any other grave Misdemeanour, shall be,
without the Warrant of a Magistrate, in the Custody of any Constable
of the Police Force at any Station-house during the Time when the
Police Courts or Magistrates' Offices shall be shut, it shall be lawful
for the Constable in charge of the Station-house to require the
Person making such Charge to enter into a Recognizance conditioned
as hereinafter mentioned ; and upon his or her Refusal so to do, it
shall be lawful for such Constable, if he shall deem it prudent, to
discharge from Custody the Person so charged upon his or her own
Recognizance, with or without Sureties, conditioned as hereinafter
mentioned.
Condition of Recog- XXIV . And be it further enacted and ordained, That every
nizance.
Recognizance so taken shall be without Fee or Reward, and shall be
conditioned for the Appearance of the Person thereby bound before
a Magistrate of the District in which such Station-house shall be
situated, at his next Sitting, and the Time and Place of appearing
shall be specified in the Recognizance ; and the Constable shall enter
in a Book to be kept for that purpose at every such Station-house,
the Name, Residence, and Occupation of the Party and his Surety or
Sureties (if any) entering into such Recognizance, together with the
Condition thereof, and the same thereby acknowledged, and shall
return every such Recognizance to the Magistrate present at the
Time and Place when and where the Party is bound to appear.
Punishment of Per- XXV. And be it further enacted and ordained , That every Person
sons suspected of hav- who shall be brought before any Magistrate charged with having in
ing or conveying Stolen
Goods. his Possession or conveying in any Manner any thing which may be
reasonably suspected of being stolen or unlawfully obtained, and
who shall not give an Account to the Satisfaction of such Magistrate
how he came by the same, shall be deemed guilty of a Misdemeanour,
and shall be liable to a Penalty of not more than Ten Pounds, or in
the Discretion of such Magistrate may be imprisoned in any Gaol
within the Colony aforesaid, with or without Hard Labour, for any
Time not exceeding Fourteen Days.
Power to grant XXVI. And be it further enacted and ordained, That if Infor-
Search Warrants.
mation shall be given on Oath to any Magistrate that there is
reasonable Cause for suspecting that any thing stolen or unlawfully
obtained is concealed or lodged in any Dwelling -house or other Place,
it shall be lawful for such Magistrate, by Special Warrant under
his Hand directed to any Constable, to cause every such Dwelling-
house or other Place to be entered and searched at any Time of the
Day, or by Night, if Power for that Purpose be given by such Warrant ;
and such Magistrate, if it shall appear to him necessary, may empower
such