c. 107 1853 16 & 17 Vic. sentence or decree shall be pronounced, or the full value thereof, Britisk stat. to be ascertained either by agreement between the parties, or, in case the said parties cannot agree, then by appraisement under the authority of the said court to the appellant or appellants in case the sentence or decree so appealed from shall be reversed, and such ship, vessel, boat, goods or effects be ultimately condemned. CONSTABLES AND POLICE. (a) c. 17. 18 GEO. III. c. 17.] To empower the justices and vestry of the 18 Gro. III. several parishes in this island to hire good and sufficient men to serve as constables. (b) ISLD. [December 22, 1777.] Island Act. 1777. 4 WILL. IV. c. 37.] For providing constables to attend in the 4 WILL. I several courts of this island. (c) ISLD. [December 12, 1833.] 35 GEO. III. c. 18.] For the better regulating the police within the town of Kingston. ISLD. [1794.] 18 Geo. III. c. 18, sec. 2.] The officers and privates of the night guard to be appointed in pursuance of this act shall and they are hereby authorised to patrol, keep watch and ward (a) These, as in England, are ancient conservators of the peace, chosen and sworn in by the magistrates in sessions. They are of two kinds in Jamaica, viz., petty constable, and special constable. The police so called are specially appointed, and have enlarged powers, including those of petty constables, given to them for the purposes of the act under which they are organized. The acts as to the police are 15 Vic. c. 3, and 15 Vic. c. 31 (pos!), in force to 31 December, 1854 (post). The petty constable's jurisdiction is limited to the parish for which he is chosen and in which he must be resident, but he may execute a warrant anywhere within the jurisdiction of the magistrate who issues or indorses the same. The special constable's jurisdiction is much the same as the petty constable's; and he is in part only appointed in particular emergencies to assist the former in his duties. In the absence of local enactment the exemptions from serving the office of special constable may, so far as applicable, be held analogous to exemptions in England, viz.:-1. Persons aged 60 years and upwards and incapacitated by weakness. 2. Judges, magistrates, and official assignees. 3. Practising barristers, solicitors, attornies and proctors. 4. Members of the College of Physicians and Surgeons. 5. The clergy. 6. Dissenters being teachers or preachers, but not otherwise. 7. Foreigners naturalized. 8. Soldiers, and persons serving in the militia while on duty. 9. Prosecutors of felons, and other witnesses in attendance at courts of justice. DUTIES OF CONSTABLES. The general duties of a constable are to prevent the violation of the laws, to apprehend offenders, to preserve the peace of his parish, to attend on particular occasions and to execute the warrant of coroners and justices of the peace. In the lawful discharge of their duties they may call to their aid by-standers or their neighbours; and such persons are bound to assist them on pain of fine and imprisonment. (b) See APPREHENSION OF OFFENDERS. (Ante.) (c) The operation of these acts is suspended by 15 Vic. c. 3 (post), until December 31, 1854. c. 37. Island Act. 1833. 35 GEO. III. c. 18. Island Act. 1794. c. 18. 1794. 35 GEO. III. within the streets, lanes and other places of the said town, at Island Act. such hours, in such manner, and in such places, as shall from time to time be given out, appointed, and directed by the said justices and vestry; and shall, in their several turns and courses of watching, use their utmost endeavours to prevent all mischiefs happening by fire, and all murders, burglaries, robberies, breaches of the king's peace, riots, and all other outrages and disorders and in order to the prevention thereof, the said officers and privates are hereby jointly and severally authorized, If persons are engaged in an affray, or on the point of entering into one, as where one shall threaten to beat another, the constable may apprehend the offender and carry him before a justice, or he may imprison him on his own authority till the heat be over, and afterwards detain him till he find sureties for his good behaviour. If an affray be in a house, the constable may break open the doors to preserve the peace; but he cannot apprehend for an affray or an assault committed out of his presence without a warrant from a magistrate, unless in case of felony, or he be otherwise authorized by any police act in force. A constable may justify an imprisonment without warrant on a reasonable charge of felony made to him, though he afterwards discharge the prisoner without taking him before a magistrate, and though it turn out no felony has been committed. But in general a constable cannot without an express charge or warrant justify the arrest of the supposed offender, upon suspicion of guilt, unless an actual felony has been committed and there is reasonable cause for suspicion that the party apprehended is guilty. In executing a warrant the arrest is to made by laying hold of or at least securing the person of the party; without this it is not a legal arrest. A constable being a known and sworn officer within his own district, is not obliged to show his warrant on being demanded; but, if he is not sworn, or out of his district, he must produce his warrant ; a warrant of distress, however, must if required be shown to the persons whose goods are distrained. He need not return his warrant after execution, but may keep it for his own justification. No one can justify breaking open a door to make an arrest without first acquainting the owner with the cause of his coming, and requesting admittance: no particular form of notice is requisite, it is sufficient to say the officer comes under a proper authority not as a trespasser. If there be disorderly drinking or noise in a house at an unseasonable hour of the night (especially at an inn, tavern, ale, or coffee house), the constable may, after demanding admittance, and refusal, break open the door, to see what is doing, and suppress the disorder. But upon a general warrant expressing neither treason, felony, nor breach of the peace, an officer cannot break open any door to execute it; nor can he forcibly enter any house to distrain for poor or church rates; or to execute process as in a civil suit, but if he find the outer door open, or, if it be opened to him, he may then force an inner door. This privilege is strictly confined to outer doors; so that if an officer gain admission to a house where any one lodges whom he is in search of, he may justify breaking open any of the apartments to execute his process, unless the whole house is let in lodgings; then each apartment is deemed a separate dwelling. If an offender cannot be conveniently conveyed before a justice, or to prison, he may be put pro tempore in the cage or temporary prison. Constables are to assist landlords in distraining for rent under authority of a justice's warrant, and in company with such landlord may break open and enter houses and other places to search for goods suspected to be concealed to avoid the distress. Penalties: By sundry and local acts, if a constable, upon complaint upon oath before two justices, be convicted of neglect of duty or disobedience of any lawful warrant or order, he may be fined 40s. Persons assaulting a constable to prevent the arrest or detention of persons charged with felony, are subject to transportation or imprisonment. No action can be brought against a constable for the improper discharge of his duty after six months from the time of the fact being committed. It is a misdemeanour in a constable to discharge an offender brought to a watch house by a watchman in the night; and if he wilfully let a felon escape it is felony. c. 18. GEO III. Island Act. empowered, and required, to arrest, apprehend, and detain, in 35 3. The officer of the said night-guard, who shall have the command thereof for the time being, shall be obliged, and he is hereby required once at the least, and oftener in each night as shall be directed by the said justices and vestry, to go his round, and to see that the privates of the said night-guard are in their proper districts and stations and performing the duty and service allotted to them, according to the orders and regulations of the said justices and vestry as aforesaid; and in case any such private or privates shall misbehave, or shall be found drunk, sleeping in their stations, or neglecting his or their duty, such officer commanding the said night-guard is hereby authorized and empowered to arrest such private or privates, and to suspend him or them, and to appoint one or more person or persons to officiate in his or their stead until the next meeting of the said justices and vestry of the said town, when such officer shall acquaint the said justices and vestry of the misbehaviour or neglect of duty for which such private or privates was or were arrested and suspended, in order that the said justices and vestry may examine therein; and if the said justices and vestry shall find, upon such examination, that such complaint is well grounded and properly supported, such private or privates shall be discharged from such his or their appointment, and shall forfeit the arrears of pay that may be due to him or them. 4. If any officer or officers of the said night-guard shall neglect or refuse to perform the duty and service herein before required of him or them, and shall misbehave himself or themselves, and thereby set a bad example to the privates of the said night-guard, the officer or officers so offending shall, upon any complaint thereof being made and proved to the satisfaction of the said justices and vestry by any person or persons whatso 1794. c. 18. 35 GEO. III. ever capable of giving legal evidence therein, forfeit the arrears Island Act. of his or their pay, and shall, if the said justices and vestry shall judge proper, be discharged from such his or their appointment, and be declared incapable and unfit of again serving in the said night-guard. 1794. 7. The officers and privates of the said night-guard, so to be appointed as aforesaid, shall be and they are hereby protected and indemnified in all things which they shall lawfully do by virtue of this act, for the safety and protection of the said town as aforesaid, in like manner as if every individual of the said nightguard was a constable or peace-officer. 35 GEO. III. c. 35. 35 GEO. III. c. 35.] For the better regulating the police within Island Act. the town of Montego Bay. 1795. &c. to establish a nightly watch, and have a ISLD. [1795.] 35 Geo. III. c. 35, sec. 29.] For the better security of the said town of Montego Bay, and to prevent riotous and disJustices orderly meetings, and assemblies during the night: Be it enacted, That the justices and vestry of the parish of St. James are hereby empowered to establish and maintain a nightly watch in the town of Montego Bay, and one or more public watch-house and stocks for the confinement of night walkers or other disorderly or ill-disposed persons. watchhouse and stocks. Duty of the nightly watch. detention 32. The watchmen, constables, and other officers of the said town-guard, shall keep watch and ward within the streets and other places in the said town, for such respective times and in such manner, as shall from time to time be appointed by the said justices and vestry; and shall, in their several turns and courses of watching, use their best endeavours to prevent all mischiefs happening by fires and all murders, burglaries, robPowers of beries, breaches of the king's peace, and all other outrages and caption and disorders: and to that end shall, and they are hereby jointly and severally empowered and required to arrest, apprehend, and detain in the watch-house or other convenient place of security, to be provided or appointed by the said justices and vestry, within or near to the said streets, all malefactors, disturbers of the king's peace, and all suspected persons who shall be found wandering or misbehaving themselves; and shall carry them, so soon as conveniently may be, before one or more of his majesty's justices of the peace acting in and for the said town, to be examined and dealt with according to law. vested in them. 34. It shall and may be lawful to and for the said watchmen |