the-ordinances-of-the-legislative-counci-1890 — Page 85

ORDINANCE No. 12 OF 1844 . 49


Police Force Regulation.


which shall be laid before such Justice, as shall be present at the time and place, when
and where the party is required to appear, and if the party do not appear at the time
and place required, or within one hour after, the Justice shall cause a record of the
recognizance to be drawn up, and shall return the same to the next sittings of the
Court, in which the offence charged should be brought for trial, with a certificate at
the back thereof, signed by such Justice, that the party or parties have not complied
with the obligation therein contained, and the proper officer of the said Court shall
make the like estreats and schedules of every such recognizance, as of recognizances Recognizance
of bail to be
forfeited in the said Court, and if the party not appearing shall apply by any person estreated.
on his behalf, to postpone the hearing of the charge against him , and the Justice
shall think fit to consent thereto , the Justice shall be at liberty to enlarge the recog Recognizance
ofbail may be
nizance to such further time as he shall appoint, and when the matter shall be heard enlarged.
and determined, either by the dismissal of the complaint, or by binding the party over
to answer the matter thereof before any superior Court, the recognizance for the
appearance of the party before a Justice shall be discharged without fee or reward.

12. And be it enacted, that the Chief Magistrate of Police, subject to the Constables to
attend Magis
approbation of the Governor for the time being, shall from time to time direct a trates.

sufficient number of men belonging to the Police Force to be appointed under this
Ordinance, and of such ranks as shall be necessary and proper to attend on the Justices
of the Peace acting in and for any port, district, or other division of the said Colony
respectively, who shall obey and execute all the lawful warrants, orders, and commands
of such Justices, in all matters civil and criminal.

13. And when any warrant, order, or command of any Magistrate, shall be Name of con
stable appointed
delivered or given to any constable, serjeant, or other inferior officer of Police , he to execute war
rant to be indor
sed thereon.
shall, if the time will permit, show or deliver the same to the Superintendent of Police,
or other officer, (under whose immediate command such constable, serjeant, or other
inferior officer of Police, shall then be) , and such Superintendent , or other officer, shall
nominate and appoint by indorsement thereon , such one or more of the constables, or
of other ranks, under his orders , and such assistant or assistants to him or them, as
such Superintendent, or other officer, shall think proper, to execute such warrant,
order, or command , and every such constable, or other person, whose name shall be so
indorsed, and every such assistant as aforesaid, shall have all and every the same rights
powers and authorities for, and in the execution of every such warrant, order, or
command, as if the same had been originally directed to him, or them expressly by
name.

14. And be it enacted, that when any action shall be brought against any Constable not
to be liable to
constables, or inferior officer of Police, for any act done in obedience of the warrant of action on proof
of signature of
Magistrate.
any Magistrate, such constable, or inferior officer of Police, shall not be responsible for
any irregularity in the issuing of such warrant, or for any want of jurisdiction in the
Magistrate issuing the same, and such constable, or inferior officer of Police, may plead
the general issue, and give such warrant in evidence, and upon producing such warrant
and proving that the signature thereto is the hand writing of the person, whose name