1855. Salaries. Police Magistrate and Provost Marshal to be conjoint offices. Assistant Receiver-General at Salt Cay to act as Assistant Police Magis V. And whereas it is necessary that salaries should be provided No. 15. for the Police Magistrate of the Presidency, and the Assistant Ord. No. 12, Police Magistrate at Salt Cay, be it therefore ordained, that so soon as any vacancy shall occur in the office of Police Magistrate, the person appointed to fill the same shall receive a salary at and after the rate of one hundred and fifty pounds per annum; and that so soon as a vacancy shall occur in the office of Provost Marshal, the Police Magistrate shall be appointed to fill the said office, and shall then receive a salary at the rate of two hundred pounds per annum for his services in both capacities; the said salary to be paid out of the Public Treasury by warrant in the usual manner : Provided always, that nothing herein contained shall be construed to apply to the receipt of the usual fees by the Police Magistrate of these islands, until a vacancy shall occur in the said office.-To the Assistant Police Magistrate at Salt Cay twenty-five pounds, on condition that the duties of the said office shall be discharged by the person officiating as Assistant Receiver-General. VI. That whenever a vacancy shall occur in the office of clerk in the police office, the same shall be held in conjunction with the office of chief constable; and such person shall be appointed by the President, and shall receive, by warrant in the usual manner, an annual salary of twenty pounds for his services as such clerk. VII. That it shall be lawful for the President to appoint fit and Appointment proper persons to act as constables for the said islands respectively, of Stipendiary not to exceed twelve in all, who shall take the oaths proper to such office. And it shall be the duty of all constables at Grand Cay, not otherwise employed in the duties of their office, to attend the Supreme Court during its sittings; and such constables shall receive salaries according to the Schedule annexed, marked A, payable by warrant in the usual manner: Provided also that no such salaries made payable under this Ordinance shall be paid by virtue of the same, so long as provision is made by any other Ordinance for such salary. trate. Police Clerk and Chief Constable conjoint appointments. Constables. VIII. That if any constable shall be guilty of any neglect, or Punishment violation of duty, or of any misconduct as a constable, on convic- for their mistion thereof, before the Police or Assistant Police Magistrate, he shall be liable to such penalty as is hereinafter provided. IX. That it shall be lawful for the Police Magistrate at Grand Cay, or Assistant Police Magistrate at Salt Cay, or the Caicos, with any other Justice of the Peace, to cause to come before them on some day in January in each year, any number of persons, not less than six, nor more than twelve, being resident inhabitants of such island or Cay; and from the names of the persons so summoned, one half of the number shall be drawn to serve as local constables for the ensuing year. And if by any means such constables shall not be drawn in the month of January, such omission may be supplied as soon as the same is discovered, and shall not in any way affect the legality of any appointments so made: Provided, however, that where it is not practicable to obtain the assistance of another Justice of the Peace, the Police, or Assistant Police Magistrate, may proceed alone to choose the constables as aforesaid: Provided also that no person shall be compelled to serve as such constable more than one year in three, nor while serving, to give attendance at the police office, nor to patrol the streets by night or day. conduct. Local Consta bles to be chosen annually. No. 15. Ord. No. 12, 1855. Who exempt from serving as local Constables. Penalty for refusing to act as a local Constable. Special Con stables how appointed. Penalty for refusing to act. Allowance to Special Constables. X. That all persons under the age of twenty-one, or more than fifty years old; Justices of the Peace; members of the Council; clergymen in Holy Orders, or other ministers of religion, not following any secular calling; officers of Her Majesty's Army, Navy or Ordinance, on full pay; barristers at law, attorneys, proctors, and solicitors, duly admitted in any Court of law or equity, or their clerks; all officers of any such Courts exercising the duties of their office; physicians and surgeons, actually practising; all revenue officers, and officers of Her Majesty's Customs; schoolmasters; gaolers; supervisors of public works; the surveyor of lands; pilots; the consuls, or representatives of any foreign power, and their deputies, shall not be liable to be drawn as constables under this Ordinance. XI. That all persons liable to serve as constables, and who shall be drawn as such, shall immediately take the oath appointed for constables. And if any person summoned and drawn as aforesaid, shall neglect or refuse to appear before such Justice or Justices, or refuse to take the necessary oaths (or if a quaker, the declaration to be substituted in place of such oaths) or having taken the oaths, or declarations aforesaid, shall refuse or neglect to serve, every such person so offending shall be liable to such penalty as is hereinafter provided. XII. That if it shall appear to any two Justices of the Peace, of whom the Police Magistrate, or one of the Assistant Police Magistrates shall be one; or in their absence, to any two Justices of the Peace, or to any Justice of the Peace, when one only can conveniently be found, that any insurrection, riot, tumult, or felony has taken place, or may reasonably be apprehended, such Justice or Justices may, and he or they are hereby authorized to call upon and appoint any person not exempted from serving as constables, and residing in such island, to act as special constables for such time, and in such manner as to the said Justice or Justices shall seem necessary for the preservation of the public peace, the protection of property, and the prevention or suppression of any such insurrection, riot, or felony; and shall, as soon as practicable, administer to such persons so appointed the oath or declaration proper to be administered to special constables. XIII. That if any person not legally exempted, appointed in manner before mentioned, shall neglect, or refuse to serve as such special constable, he shall be liable to such penalty as is hereinafter provided. XIV. That it shall be lawful for the Justices by whom such special constables were appointed, to fix a reasonable allowance to be made to such constables, for their time, trouble, and necessary expenses, not exceeding four shillings by the day to each man; which allowance, upon a certificate from the Magistrate who appointed such constable, shall be paid out of the Public Treasury by warrant in the usual manner. XV. That if at any time after the appointment of any local constables as aforesaid, and before the expiration of the year for which such constables were drawn, and sworn to serve, any one or more of such constables should die, or remove from the island for which he or they were so drawn and sworn to serve as aforesaid, it shall be lawful for the resident Justice or Justices aforesaid to proceed to the appointment of one or more persons in manner hereinbefore directed; and such person or persons shall be obliged to serve for the period yet unexpired, for which the person or persons so dying, or removing, were liable to serve, under such penalty as is hereinafter provided. No. 15. Ord. No. 12, 1855. XVI. That all constables who may be appointed under this Exemptions of Ordinance, so long as they shall continue to hold such office, shall Constables. be and they are hereby exempted from serving on any jury except special juries; from serving in the Militia, or serving as vestrymen; anything contained in any law or Ordinance of these islands to the contrary notwithstanding. XVII. That every person who shall commit any of the offences Certain offences in this clause designated, shall for each offence be liable to such how punished. penalty as is hereinafter provided, that is to say, 1. Every person who shall in any public road, street, highway, Disturbance of or other place of public resort, or in any place within sight and the peace. hearing of persons being in such road, street, highway, or place of public resort, disturb the Queen's peace by quarrelling, or making any loud noise, to the annoyance of persons residing or being in the neighbourhood; or who shall use, or apply to any other person, in such road or other place of public resort, or within sight and hearing of the same, any violent, scurrilous, or highly abusive terms of reproach, tending to a breach of the peace. 2. Every person who in any such road, or other place of public Profane lanresort, or within sight and hearing of any person in the same, shall guage. sing any profane or obscene song; or use any profane, obscene, or indecent language, expression, or term, whether the same be applied to any other person or not. 3. Every person who offers for sale, or distributes, or exhibits to public view any profane, indecent, or obscene book, paper, writing, print, drawing, or representation. Exposure of the person. 4. Every person who wilfully and indecently exposes his person to, or within view of any other person. 5. Every person who wantonly to the annoyance or danger of Discharge of the inhabitants of any town, or of the passengers in any road, street, fire-arms or or highway, or of the frequenters of any place of public resort, dis- fire-works, charges any cannon, musket, or other fire-arm, or throws any stone or other missile, or makes any bonfire, or throws, or sets fire to any fire-work. 6. Every person who plays at cricket or other game in any public road, street, or highway, or place of public resort, to the annoyance or danger of the passengers or frequenters thereof. 7. Every person who flies any kite in or over any road, street, or highway, or place of public resort to the annoyance of the passengers or frequenters thereof. 8. Every person who suffers to be at large any ferocious dog unmuzzled; or who wantonly sets on or urges any dog or other animal to attack, worry, or put in fear any person, or animal. 9. Every person who in any public road, street, or highway, or place of public resort, rides or drives furiously any horse or other animal, or cart, or dray, or any cattle. Playing any games in public streets, &c. Flying kites. Keeping ferocious dog un muzzled. Furious riding, &c. 10. Every driver of a cart who shall quit the same while in any Leaving carts public road, street, or highway, whether such cart shall be moving in public or standing still, without employing some proper person to take streets, &c. charge of the same during his absence. 11. Every person who having charge of any cart or wheel No. 15. Ord. No. 12, 1855. Intoxication. Improper con- Incorrect beha viour in places of worship. Unlawful assembly in the public street. Loitering about liquor shops. Washing at public wells. Depositing filth in any public place. Duties of Constables in respect of such cases. Intoxicated persons, how dealt with. Surety of the Peace may be taken for 12 months. barrow shall allow the same to remain in any public road, street, or highway, (except during such time as such cart or wheel-barrow shall be in actual use) in such place as will obstruct the passage of carriages, or other wheeled vehicles. 12. Every person found in a state of intoxication in any public road, street, or highway, or other place of public resort. 13. Every person guilty of any violent or indecent behaviour, in any police office, or who shall insult a Justice of the Peace while in the execution of his office. 14. Every person who shall behave irreverently, or indecently in or near any church, chapel, or place appropriated for religious worship during the time of divine service. 15. All persons who shall assemble in any public road, street, or highway, or other place of public resort, or in any unenclosed ground in the neighbourhood of the same, for any idle, lewd, vicious, or disorderly purpose, or otherwise than in the regular performance, or in pursuance of some lawful calling or object, to the annoyance or obstruction of the passengers, or other persons frequenting such road, street, highway, or place of public resort, or of the persons residing in the neighbourhood; and who shall not disperse when thereunto required by a Magistrate or other peace-officer. 16. Every person loitering, carousing, or the like, in or about any shop or place where liquors are sold by retail. 17. Every person who shall wash himself, herself, or clothes, or articles of any kind, in any public well, or within fifty feet of the same; or shall throw or place filth of any kind into or upon any tank or well, private or public. 18. Every person who shall deposit any dirt, filth, or offensive matter in or near any public street or highway; or shall deposit the same in any place within any town or settlement of these islands, to the annoyance of the inhabitants thereof, and shall not upon notice given him or her by any Justice of the Peace or constable remove the same without delay. XVIII. That it shall be lawful for any constable to apprehend and carry before some Justice of the Peace any person committing any of the offences in the last preceding clause set forth: Provided that if any such offender be apprehended after office hours, or upon the Lord's day, it shall be lawful to lodge such offender in some lawful place of confinement. And it shall be lawful for any gaoler to receive and keep such person until he can conveniently be taken before a Justice of the Peace to be dealt with according to law. XIX. That it shall be the duty of every constable by every lawful means to repress all such offences; and every wilful neglect so to do shall be considered as a neglect of duty and be punished accordingly. XX. That any person being found in a state of intoxication in any road, street, or highway, or place of public resort, may, by order of any Justice of the Peace, be committed to some lawful place of confinement, until he become sober; and every such person, on conviction, shall be liable to a penalty not less than one pound, nor more than five pounds; and, in default of payment, to imprisonment for a period not less than ten days, and not exceeding thirty days. XXI. That it shall be lawful for any Justice of the Peace to call upon any person to find surety of the peace, or surety for good behaviour, on sufficient cause being shown on oath, for not exceeding twelve months. term any XXII. That whenever any recognizance entered into before a Justice of the Peace shall be forfeited, the penalty, if not exceeding ten pounds, may be recovered in a summary manner; and if exceeding that amount, then the same shall be recovered in the Supreme Court. XXIII. That the word "horse," where it occurs in this Ordinance, shall be understood to include not only horses, but also mares, geldings, mules, and asses. And the word "cart" shall be understood not only to include carts, but also drays, waggons, hand-carts, and carriages. No. 15. Ord. No. 12, 1855. How to be recovered in case of forfeiture. Definition of certain words. Penalty on conviction of offences under this Ordinance XXIV. That it shall not be lawful for the owner or owners to Stallions not permit any stallion to be at large in any public street or highway to be at large. within these islands, under such penalty as is hereinafter provided. XXV. That every person convicted of any of the offences in the preceding sections enumerated, for which no penalty is provided, shall be liable to a penalty not exceeding five pounds, and in default of payment, to imprisonment not exceeding thirty days; and if an old offender, hard labour may be added to such imprisonment. XXVI. That every person who shall assault, resist, or impede, or shall aid or incite any person to assault, resist, or impede any constable in the execution of his duty, or shall refuse or neglect to assist any constable in the execution of his duty, when required so to do by such constable, shall be liable to a penalty not exceeding five pounds, and in default of payment, to imprisonment for any period not exceeding thirty days. XXVII. That every offence against the provisions of this Ordinance may be tried and determined, and all penalties be recovered by the Police or Assistant Police Magistrates; and the costs of prosecution may be added, at the discretion of such Magistrate, to the penalty inflicted. not otherwise provided for. Penalty for impeding Constables. Offences to be tried and penalties to be recovered by Police Magis trate. Schedules of fees to be afoffices, fixed in Police XXVIII. That in some conspicuous place in the police office of each district of these islands there shall be affixed a copy of the table of fees in the schedule to this Ordinance annexed marked (B): and no Justice shall demand or receive any other fees than those allowed by this Ordinance, on pain of forfeiting double the amount overcharged to the party aggrieved. And all fees received by the Fees to be paid Police, and Assistant Police Magistrates, who shall be in receipt into the Treaof any stipend as such, shall be paid by them quarterly into the sury. Treasury. XXIX. That the several provisions of Ordinance No. 16 of 1849, relative to the regulating of appeals in cases of summary conviction, shall extend to all cases of conviction under this Ordinance; but that no conviction, order, warrant, or other matter made, or purporting to be made under this Ordinance, shall be quashed for want of form; and no warrant of commitment shall be held void by reason of any defect therein, provided that it be alleged therein that the party has been convicted, and there be a good and valid conviction to sanction the same. And where any distress shall be made by virtue of this Ordinance, the distress shall not be deemed unlawful, nor the party making the same a trespasser on account of any defect or want of form in the summons, conviction, warrant, or other proceeding relating thereto; nor shall the party distraining be deemed a trespasser on account of any irregularity afterwards Appeals allowed in all cases. Warrants not to be quashed for want of form. |