the-ordinances-of-the-legislative-counci-1890v4 — Page 172

ORDINANCE No. 15 OF 1886. 1989


Peace Preservation.



PART II .


Proclamations of the Peace.

5. Whenever it shall appear to be necessary for the preservation of Proclamation
may be issued .
the public peace of the Colony, it shall be lawful for the Governor in
Council declare by proclamation to be published in the Gazette that

the said Colony shall be subject to the following provisions of this Ordi
nance, and every such proclamation shall remain in force until cancelled

by Government Notification published in the Gazette.


6. Whenever and wherever the peace is being broken during the Assistance
from by
existence of any proclamation under this Ordinance, it shall be lawful standers.

for the Governor, or Colonial Secretary or any Justice 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 .


7. Whenever any persons shall be found during the existence of a Riotous
assembly.
proclamation under this Ordinance, unlawfully, riotously, or tumult
uously assembled to the disturbance of the peace and to the terror of
Her Majesty's subjects , any Justice of the Peace may, in an audible
voice, warn such persons that they are acting in contravention to law, Warning.
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 of a Justice of the Peace, and shall be liable on sum Penalty.
mary conviction before a Magistrate to imprisonment with or without
hard labour for a term not exceeding three months, or to pay a penalty

not exceeding fifty dollars, and if any person or persons so warned to
disperse, shall be hurt, maimed, or killed in the dispersing, seizing , or
apprehending, or endeavouring to disperse , seize , or apprehend, the
persons hurting, maiming, or killing him or them shall be free, dis

charged, and indemnified from the consequences , except on evidence of
gross carelessness , wantonness , or malice.