the-ordinances-of-the-legislative-counci-1890 — Page 201

ORDINANCE No. 14 OF 1845 . 165


Good Order and Cleanliness.


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 .

24. And be it further enacted and ordained , that every recogni Condition of
recognizance.
zance so taken shall be without fee or reward, and shall be conditioned

for the appearance of a 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, to
gether 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.

25. And be it further enacted and ordained , that every person who Punishment
of persons
shall be brought before any Magistrate charged with having in his pos suspected of
having or
session or conveying in any manner any thing which may be reasonably conveying
stolen goods.
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 Magis
trate may be imprisoned in any gaol within the Colony aforesaid , with
or without hard labour, for any time not exceeding fourteen days.

26. And be it further enacted and ordained , that if information Power to
grant search
shall be given on oath to any Magistrate that there is reasonable cause warrants.
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 cons
table, 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 pur
pose be given by such warrant ; and such Magistrate, if it shall appear
to him necessary, may empower such constable , with such assistance as

may be found necessary ( such constable having previously made known
such his authority ) , to use force for the effecting such entry , whether by
breaking open doors or otherwise ; and if upon search thereupon made

any such thing shall be found , then to convey the same before a Magis