EXTRACTS FROM ORDINANCE 9 OF 1862.
52
Bribery.
A Police Magistrate has to commit offenders at the Supreme Court.
The law is contained in the following sections of Ordinance 9 of 1862.
§§ VII. XV. XVI. XXII.
§ VII. The Captain Superintendent, and Assistant Superintendent shall, previous to entering on the duties of their respective Offices, take before a Police Magistrate of this Colony the following Oath-
"I A. B. do swear that I will bear true allegiance to our Sovereign Lady the Queen, and that I will well and truly serve Her Majesty in the Office of Captain Superintendent of the Police [or, Assistant Superintendent, as the case may be] without Favour or Affection, Malice or Ill will, that I will cause Her Majesty's Peace to be kept and preserved, and that I will prevent to the best of my power all offences against the same, and that while I shall continue to hold the said Office, I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to Law. So help me God."
And the Captain Superintendent shall, during his Tenure of the Office, have and exercise all the Powers of a Justice of the Peace, with regard to the Police Force, or any member or members thereof,
§ 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 have been 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 appointments whatsoever entrusted to him for the Performance of his Duty, he shall, upon conviction thereof before a Police Magistrate in a summary manner, forfeit and pay a Sum not exceeding 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 Discretion, the Captain Superintendent may bring the Offender before a Police Magistrate who shall have power to award Imprisonment for any Term not exceeding Fourteen Days with or without Hard Labour, together with Forfeiture of all Pay during such Imprisonment.
§ XXII. Notwithstanding anything herein to the contrary, His Excellency the Governor shall have power to grant permission to resign, to any Inspector, Sergeant or Constable of the Force who may become unfit for further Service from Ill health on the Certificate of the Colonial Surgeon to that effect being produced, or in any special cases brought to His Excellency's notice by the Captain Superintendent, His Excellency the Governor shall have power to grant to any such Officer permission to resign or to dismiss any such Officer.
EXTRACTS FROM ORDINANCE 9 OF 1862.
52
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§§ VII. XV. XVI. XXII.
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Penalty for neglect of Duty, or am-delivery of arms on quitting
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§ VII. The Captain Superintendent, and Assistant Superintendent shall, previous to entering on the duties of their respective Offices, take before a Police Magistrate of this Colony the following Oath-
"I A. B. do swear that I will bear true allegiance to our Sovereign Lady "the Queen, and that I will well and truly serve Her Majesty in the Office of "Captain Superintendent of the Police [or, Assistant Superintendent, as the "case may be] without Favour or Affection, Malice or Ill will, that I will cause "Her Majesty's Peace to be kept and preserved, and that I will prevent to the "hest of my power all offences against the same, and that while I shall continue "to hold the said Office, I will, to the best of my skill and knowledge, discharge "all the duties thereof faithfully according to Law. So help me God."
And the Captain Superintendent shall, during his Tenure of the Office, have and excercise all the Powers of a Justice of the Peace, with regard to the Police Force, or any member or members thereof,
§ 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 have been 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 appointments whatsoever entrusted to him for the Performence of his Duty, he shall, upon conviction thereof before a Police Magistrate in a summary manner, forfeit and pay a Sum not exceeding 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 Discretion, the Captain Superintendent may bring the Offender before a Police Magistrate who shall have power to award Imprisonment for any Term not exceeding Fourteen Days with or without Hard Labour, together with Forfeiture of all Pay during such Imprisonment.
§ XXII. Notwithstanding anything herein to the contrary, His Excellency the Governor shall have power to grant permission to resign, to any Inspector, Sergeant or Constable of the Force who may become unfit for further Service from Ill health on the Certificate of the Colonial Surgeon to that effect being produced, or in any special cases brought to His Excelleney's notice by the Captain Superintendent, His Excellency the Governor shall have power to grant to any such Officer permission to resign or to dismiss any such Officer.
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