6 WILL. IV. c. 32. Island Act. 1836. Inhabitants to assist constables police to apprehend idle and dis orderly persons, III. APPREHENSION OF OFFENDERS. (a) 6 WM. IV. c. 32.] For the more effectual protection of persons and property. ISLD. [June 15, 1836.] 6 Wm. IV. c. 32, sec. 10.] It shall be lawful for the inhabitants of the wards or divisions of the several parishes to aid and or regular assist the persons appointed by virtue of this act, as constables or watchmen in the several parishes, and to aid and assist the said regular policemen to apprehend all loose, idle, quarrelsome, and disorderly persons, whom the said constables, watchmen, police, or inhabitants, shall call to their assistance, shall find disturbing the public peace, or whom the said constables, watchmen, police, or inhabitants, aiding and assisting such constables or watchmen, shall have just cause to suspect of any gambling, disorderly, or evil designs; and all persons whom any of the said constables, watchmen, policemen, or inhabitants, assisting any such constables or watchmen, shall find concealed in any boat or canoe, or concealed in private premises, or idly assembling and impeding the passage of any public road, street, or lane, or skulking or lying in any public place, road, street, lane, square, or private premises, or in or about any other place, and not giving a satisfactory account of themselves, and to take or carry any person or persons so apprehended before a justice of the peace, to be dealt with according to law. and to take them before a justice to be dealt with ac cording to law. 1 VIC. c. 27. 1 VIC. c. 27.] For regulating the police of the town of Falmouth. Island Act. 1838. ISLD. [March 28, 1838.] 1 Vic. c. 27, sec. 32.] The watchmen and officers of the night guard shall and they are hereby authorized and required to patrole and keep watch and ward within the streets, lanes, and other places of the town of Falmouth, at such hours and in such manner as shall from time to time be 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 fires, and all murders, burglaries, robberies, breaches of the peace, riots, and all other outrages and disWatchmen, orders, and all tumultuous assemblies whatsoever; and in order &c., to to the prevention thereof, the said watchmen, constables, and apprehend officers, are hereby jointly and severally authorized, empowered, constables, offenders. (a) See CONSTABLES AND POLICE. (Post.) Island Act. 1838. and required to arrest, apprehend, and detain in the watchhouse 1 Vic. c. 27. of the said town, or other proper and convenient place of security, to be provided and fixed on by the said justices and vestry within the said town of Falmouth, all and every person and persons whomsoever, committing or attempting to commit, or aiding or abetting in any such murders, burglaries, robberies, breaches of the peace, riot and disorders, and all and every such person and persons who shall be found idly wandering about, or misbehaving themselves in the said town, after such hour in the evening as the said justices and vestry shall, from time to time, appoint, and shall carry each person so apprehended as aforesaid, so soon as conveniently may be, before one or more of her majesty's justices of the peace acting in and for the said town, to be examined and dealt with according to law. absence of apprehend disturbers and sus pected per 35. It shall and may be lawful to and for the said watchmen Watch.en of the said town, guard, or any of them, in the absence of the may in the said officers or constables as aforesaid, and they are hereby officer, respectively authorized and required, in their several stations malefactors, during the time of their keeping watch and ward, to apprehend of the peace, all such malefactors, disturbers of the peace, and all such suspected persons who shall be found wandering or misbehaving themselves, and to carry the person or persons so apprehended, as soon as conveniently may be, before some justices of the peace of the said town, to be examined and dealt with according to law, and to keep such person or persons within the watchhouse, or some other place of safety in the mean time. sons. men, con act ing under 37. The watchmen, constables, and other officers of the said All watchtown guard, under the authority of this act and every of them, stables, and shall be and they are hereby protected and indemnified in all others netthings which they shall lawfully and of necessity do by virtue this act, of this act, for the safety and protection of the said town as and indemaforesaid, in like manner as if every individual of the said town- lawful dis guard were constables or peace officers. protected nified in the charge of their duty. 3 VIC. c. 18.] For the punishment of rogues and vagabonds. ISLD. [Dec. 5th, 1839.] 3 VIC. c. 18. Island Act. 1839. peace officer hend of 3 Vic. c. 18, sec. 4.] It shall be lawful for any constable or Constable, police or peace officer whatever to apprehend any person who police, or shall be found offending against this act, and forthwith to take to appre and convey him or her before some justice of the peace, to be fender, and dealt with in such manner as is hereinbefore directed: Provided her before always, that in such case no such constable, peace, or police a justice. officer, shall be within a reasonable distance of the place where such offender shall be so found, it shall be lawful for any person take him or Proviso. Island Act. 1839. other perapprehend son may offender, and carry 5 Vic. c. 18. whomsoever to apprehend such offender, and forthwith thereafter to carry him or her before some justice of the peace, or to deliver him or her to any constable, or other peace officer of the place, where he or she shall have been apprehended, to be so taken and conveyed as aforesaid; and in case any constable or other peace officer shall refuse or wilfully neglect to take such offender into his custody, and to take and convey him or her before any justice of the peace, or shall not use his best endeavours to apprehend and convey before some justice of the peace any person that he shall find offending against this act, it shall officer. be deemed a neglect of duty in such a constable or other peace peace officer Officer, and he shall on conviction be punished in such him or her before a justice, or deliver him or her to a constable or peace Constable or refusing or manner as is hereinafter directed. neglecting to appre hend of fender to be directed in Constable or his duty, or either of perform 8. In case any constable or other peace officer shall neglect punished as his duty in any thing required of him by this act, or in case any clause 8. person shall disturb, hinder, or obstruct any constable or other peace officer peace officer in the execution of this act, or shall be aiding, neglecting abetting or assisting therein, and shall be thereof convicted before any person any justice of the peace, upon the oath of one or more obstructing witnesses, every such offender shall for every such offence forfeit them in the any sum not exceeding twenty pounds; and in case such offender ance thereof, shall not pay such sum so forfeited, the same shall be levied £20, and in by distress and sale of the offender's goods by warrant from case of non- such justice; and if sufficient distress cannot be found, it shall be be distrain- lawful to commit the person so offending to any lawful place of confinement, there to be kept for any time, not exceeding thirty fender to be days, or until such fine be paid; and the said justices shall cause imprisoned the said fine when paid to be paid over to the churchwarden for or until fine the use of the parish. to forfeit payment, to ed for; on failure of goods, of for 30 days, is paid. On information that any offender to be harboured or concealed in any house or place, justice to issue war 9. It shall be lawful for any justice of the peace upon inform ation on oath before him that any person hereinbefore is suspected described to be an idle and disorderly person, or a rogue and vagabond, or incorrigible rogue, is or are reasonably suspected to be harboured or concealed in any house or place, by warrant under his hand and seal, to authorize any constable or other person or persons to enter at any time into such house or place, constable to and to apprehend and bring before him or any other justice apprehend of the peace, every such idle and disorderly person, rogue and vagabond, and incorrigible rogue as shall be then and there found, to be dealt with in the manner hereinbefore directed. rant to a enter and offender. 3 VIC. c. 50. Island Act. 1840. 3 VIC. c. 50.] To improve the town of Lucea, and to regulate the police therein. ISLD. [April 3rd, 1840.] 3 Vic. c. 50, sec. 39.] Every constable or peace officer is hereby Island Act. to appre en and dis sons, and authorized, empowered, and required to apprehend all loose, idle, 3 Vic. c. 50. drunken and disorderly persons, whom he shall find at any time by day or by night disturbing the public peace in the said town, and 1840. to bring such loose, idle, drunken, and disorderly persons before Constables any justice of the peace for the said parish; and if it shall bend drunkappear to the said justice that any person or persons so brought orderly perbefore him shall have been drunk or been behaving in an idle, take them disorderly, riotous, and indecent manner, such justice of the peace to a magisshall impose a fine upon such person or persons not exceeding £5, to be recovered and applied in manner hereinafter mentioned, or commit such person or persons to the common gaol or house of correction for a period of time not exceeding ten days, either with or without hard labour, as to the said justice shall seem fit. trate. 4 VIC. c. 11.] To regulate hawking and pedling. ISLD. [November 27th, 1840.] 4 Vic. c. 11. Island Act. 1840. traflicking licence are any con peace offi seized. 4 Vic. c. 11, sec. 9.] It shall and may be lawful for any Persons constable or peace officer to seize and detain any hawker, without a peddler, or other person found travelling from place to place or to be dehouse to house, and trading without a license, contrary to the tained by provisions of this act, or who being so found shall refuse or stable or neglect on demand to produce his licence, and such constable or per, and peace officer shall carry such person so seized before a justice of the goods the peace of the parish, which said justice is hereby authorized and required to examine into the facts charged, and upon proof either by the confession of the party offending, or the oath of one or more credible witness or witnesses, that the person so brought before him had traded as aforesaid, and upon demand had produced no licence, to convict the offender, and sentence him or her to pay a sum not exceeding £2 sterling with costs, and in default of immediate payment of such fine and costs, then to enforce the same by warrant of distress, and sale of the goods, wares, merchandize, or other articles of traffic, and shall sell a sufficient part thereof to satisfy such penalty and costs at public outcry, to be applied for the use of the parish in which the offender is convicted. case licence 10. If any person or persons shall produce or shew any forged or Penalty in counterfeit licence for any of the purposes aforesaid, every such is forged. person shall, on conviction in a summary manner before any two justices of the peace, for every such offence forfeit a sum not exceeding £6 sterling, for the use of the parish wherein the offence is committed, or in default of immediate payment of such fine, together with such costs as such justices may award, to be and stand committed to the house of correction of such parish for any period not exceeding thirty days, with or without hard labour, as to such justices shall seem fit. 4 VIC. c. 11. 1840. No person 11. In case any person shall lend or hire any licence which Island Act. had been granted as aforesaid, or shall trade with or under colour of any licence granted to any other person, or in which his or her real name has not been inserted as the name of the person to whom the same was granted, any person so offending shall for licence but every such offence forfeit and pay a sum not exceeding £6 sterling, to be recovered in a summary manner, with costs as is hereinbefore directed. to trade with any other his own under penalty. Penalty on constable to assist in the execu 12. If any constable or other peace officer shall refuse or neglect neglecting to aid and assist in the execution of this act, every such constable or peace officer shall, on conviction of every such neglect or refusal, forfeit and pay a sum not exceeding £6 sterling, to be recovered and applied as is before mentioned. tion of this act. 6 VIC. c. 59. Island Act. 1842. Drunken and disor derly persons sub ject to a fine days' im 6 VIC. c. 59.] To regulate the police of the town of Port Royal. ISLD. [1842.] 6 Vic. c. 59, sec. 3.] If any person or persons shall, in the said town, be found to be drunk, or behave in a loose, idle, disorderly, riotous, or indecent manner, by day or by night, and of £3 or 20 disturb the public peace in the said town, or annoy or disturb prisonment, any inhabitant or passenger in the said town, or shall, between the hours of nine at night and six in the morning, be found lying or loitering in any highway, piazza, or other open place, and shall not be able to give a satisfactory account of themselves, or shall beat any drum, or blow horns, or use any other noisy instruments, whereby the public peace, or any inhabitant or passenger in the said town shall be annoyed or disturbed, or shall pull down, break, or deface any sign-board or sign-posts, or anything belonging thereto, or any fence or fences, it shall be lawful for such justices to impose a fine upon such person or persons, not exceeding three pounds, or commit such person or persons to the common gaol or house of correction, for a period of time not exceeding twenty days, either with or without hard Constable labour, as to such justices shall seem fit; and it shall and may be lawful for any constable or nightly watch, to be appointed under the authority of this act, and every other constable or policeman, and he is hereby authorized, empowered, and required to apprehend, without a warrant, all such loose, idle, drunken, and disorderly persons, whom he shall find at any time, by day or by night, disturbing the public peace in the said town, or annoying and disturbing any inhabitant or passenger in the said town, and all persons whom he shall find, between the hours of nine at night and six in the morning, lying or loitering in any highway, piazza, or other open place, and not giving a satisfactory account of themselves; and all persons pulling may apprehend such persons without a warrant. |
