ORDINANCE No. 9 OF 1862 . 527
Police Force.
18. It shall be lawful for any officer or constable of the Police Police officer
may appre
Force to apprehend any person who shall be charged with, or whom he hend persons
suspected of
shall reasonably suspect of being guilty of any felony or misdemeanour being guilty
of felony or
without any warrant for that purpose, and whether he shall have seen misdemean
our.
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 To take bail .
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 Particulars of
recognizance
of the person so apprehended, and his surety or sureties, if any, entering to be entered
in book,
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 And forfeited
on non
upon at the time and place mentioned in such recognizance , the Magis- appearance
of defendant.
trate shall forthwith estreat the recognizance : Provided that, if the
person apprehended shall appear and shall make application for a post
ponement 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.
19. In case any action shall be brought against any officer or constable Police officer
not respon
of the Police Force for any act done in obedience to the warrant of any sible for want
of jurisdic
Magistrate, the officer or constable shall not be responsible for any irregu- tion.
General issue
larity in the issuing of the warrant or for any want of jurisdiction in the may be
pleaded and
Magistrate issuing the same, and the officer or constable may plead the special matter
in
general issue and give such warrant in evidence ; and upon producing evidence.
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