the-ordinances-of-the-legislative-counci-1890v2 — Page 236

826 ( 15 of 1886. ] PEACE PRESERVATION .

Penalty for
refusing to
4. Any person so appointed a special constable, and called
act. upon to serve, who, without reasonable excuse, shall neglect
or refuse to serve and to obey such lawful orders and directions
as may be given to bim for the performance of the duties of his
[ No. 18 of
1890. ]
office, as provided in the second section of this ordinance , shall,
on summary conviction before аa Magistrate, be liable to impri
sonment, with or without hard labour for any term not exceed
ing two months, or to pay a penalty not exceeding one hundred
Proviso.
dollars, or to both : provided always, that no person shall be
subject to any penalty under this section who shall be unable
to perform the duties of a special constable, by reason of old
age, sickness, or other infirmity, proved to the satisfaction of
the said Magistrate.
PART II.

Proclamations of the Peace .
Proclamation 5. Whenever it shall appear to be necessary for the preserv
may be issued , ation of the public peace of the Colony, it shall be lawful for
the Governor in Council to declare by proclamation to be pub
lished in the Gazette that the said Colony shall be subject to
the following provisions of this ordinance, and every such
proclamation shall remain in force until cancelled by Govern
ment Notification published in the Gazette .
Assistance
from by
6. Whenever and wherever the peace is being broken during
standers . the existence of any proclamation under this ordinance, it shall
be lawful for the Governor, or Colonial Secretary or any Jus
tice of the Peace, to call upon all by-standers and persons in
the vicinity to give their aid in preserving the peace and in
apprehending persons breaking the peace, and every person
without lawful excuse refusing or omitting to give such aid,
shall be liable on conviction thereof to imprisonment with or
without hard labour for a term not exceeding three months,
or to pay a penalty not exceeding fifty dollars.
Riotous
assembly.
7. Whenever any persons shall be found during theexistence
of a proclamation under this ordinance, unlawfully, riotously,
or tumultuously assembled to the disturbance of the peace and
to the terror of Her Majesty's subjects, any Justice of the Peace
Warning. may, in an audible voice, warn such persons that they are acting
in contravention to law, and require them to disperse and depart
to their habitations, or to their lawful business ; and all persons
remaining so assembled , after such warning, may be dispersed
and taken into custody by any officer or constable of Police, or
special constable, or by any other person acting under the orders
Penalty. of a Justice of the Peace, and shall be liable on summary con
viction before a Vagistrate to imprisonment with or without