Police Act 1841 (SA)

NO. 3.

AN ACT for regatlnting the Police Force of the Provines sf'

Sozctlz Australia.

HERBAS an Act of the Governor in Council 3rd Victoria No. 6 was passed for raising and organwing a Police Force far the Province of

South Australia and whereas Her !Majesty having been pleased to disallow

the said Act it becomes necessary to pass a new enactment providing for the

atme object on the must moderate scale and limited to the period requisite for receiving Her Majesty's sanction to the establishment proposed to be created-

BE IT THEREFORE ENACTED BY His EXCELLENCY GFORGE GREY Esquire

Governor and Commander-in-Chief of her Majesty's Province of south htralia with the advice and consent of the Le$islative Council thereof as follows: Tbat until Her Majesty's pleasure shall be known respecting the establishment to be sanctioned for the Police cif this Province i t shall be

their plaw ws tg the said Governor shall seem $t.

lawful for the Governor of this Province for the time being from time to time

bg warragt under his hand to appoint a Commissioner or Commissioners of

Police w such other officers as he may deem expedient for the general super- Jatendenqe sf the Police Force and to execute such other duties as shaU be binafter gpecified or as shall be from time to time directed by the Goyer-

f ~ r the time being for the more efficient administration of the Palice

wltbio the said Ppwjnce under the authority of this oy any other Act qr ~ d l ~ r l e e jg force within this Province asd the said Cornmissionsrs an4

Pber offices fwm time to time to displace a4d remove and to appoint o t b m

i

Province or a Justice of the	who are hereby respectively required and
authorised to administer S	th That. is to say-J, A. B, do swear
that I will faithfully impar	d hohestly according to the best of my

skill and knowledge execu	e powers and duties of a Coxntnissioncr
or officer of Police under	tue of an Act passed in Council No, 3

Fifth Vrctaria intituled	regulating the Police Force of the
Province of Smith Australia." I

5

111. And also that it shall qnd may be lawful for the Governor for the time being to make such rulQs regulations and orders as may seem fit or as occasion shall require for^ ensuring the proper discipline and efficiency of the mid Police Force and the raid rules regulations and orders to alter wiry or annul fiom time to time';as shall seem fit or necessary. 1 I

man IV. And also that it of the said Commissiooer and

preu dl liw, officers to suppress all tumults breaches of the peace and 811

tunrults, &c. ublic nuisances and offences the law committed in any part of the

f'rovince where he or they

Police for Q* V, And also that it shall be &awful for the Governor for the time being the aid Commissioner or officer* from time to time to nominate a sufficient number of able men as a Police' Force for the said Province who shali be

appointed, Province to be by and with the advice and congent of the Legislative Courlcil to authori~e

sworn before any Justice of the Peace for this Province to act as Constables 1

for preserving the peace and pkventing robberies and other felonies and apprehending offenders in and thioughout the said Proviace and the men so

sworn shall have all such aowers authorities mivilerres and advantages as am I	constable duly appointed Low has gr hereaft& rnayuhave by virtue &'
or statute now made ox hereafter to be made and shall obey all commands as they shall from timqb to time receive from the S sioner or other officer respectivelf for conducting themselves i tion of their offices and such Conpissioner or officer may at amy
pend or dismiss from his employ~ent any such constable whom think remiss or negligent in the ekecution of his duty or otherwise the same and when any such con$able shall be so dismissed or
belong to the said force all power3 and authorities vested in him stable under and by virtue of this Act shall immediately cease and to all intentsfand purposes wha t s~ver and the men so swor
into and subscribe articles of agree+ent with the said Cornmiss
themselves to serve in the Police far such period and under such,
and regulations as His Excellenca the Governor in Council shall time to time order and direct and in default of their perfor articles of the said agreement and fbe conditions thereof OT in c obedience of such lawful commandij as aforesaid the person or ne lecting to fulfil the ~ a j d agreenknt or being guilty of diso
ar !L? rs as aforesaid may be brough before the said Commissi
two Justice8 of the Peace appointed' by the Governor for the time be
act for such Commissioner or officer of Polive and heing convicted of neglect and disobedience shall for every such offence forfeit an not less than five shillings nsr exceeding twenty pounds
addition to such fine or in default of payment thereof be liable to irnpxisoned for nvt less than one week nor more than six calendar man
in any common gaol or place of confi~ement within this Province.
VI. And also that any person employed in the said Police For rhaU take a bribe or any gratuity whatever for suffering a pris any offender sgniwt any of the Lws ixi force w i t h this Provinw to

I, for neglactin~ to execute any warrant or law process rntrueted to Liu. or

. make any seizure or for in any way showing favor to a prisoner or

finder of whatever kind or description shall upon summary conviction

I. ereof before one or more Justice or Justices of the Peace be subject to

j fine not exceeding fifty pounds or to imprisonment for any period not

, I *,ceding six months or to both fine and imprisonn~ent f the said Justice or Justices. in the discretion d also that it shall be lawful for qny man belonging to the Pawerg Police.

11ce Force to apprehend any person whom he shall find drunk iu ets or public places of any city town or village or upon any high-

road within the said Province a t any hour of the day or

t and the same to convey before any Justiae of the Peace to be dealt

according to law and to apprehend all hose idle drunken and dis-

persons whom he shall find between suaset and the hour of eight

renoon lying or loitering in any street yard or other place within

town or village or upon any highway or public road within the

nce and not giving a satisfactory account of himself and to

ny person so apprehended into the custody of the constable

ed under this Act who shall be in attendance a t the nearest Police in order that such person may be secured until he can be brought

Justice of the l'esce to be dealt with awording to law or give bail ppearance before a Justice of the Peace if the constable shall prudent to take bail in the manner hereinafter mentioned and

h offender shall on convictiun befor@ any Justice of the Peaco

pay for every such offence a sum not exceeding Two pounds.

Constables atton.

nd also that where any person found lying or loitering about as dlng at the Police

with any petty miademeanor shall be brought without	stationin thenight
f the Peace into the custody of any constable appointed	may take bail by

Act during his attendance in the night time a t any Police station	recognizunce from persons brought
said Province or any city town or village thereiu i t shall be lawful	before them for

uch constable if he shall deem i t prudent to take bail by recognizance	petty misdemean.
or without suretxes as the said constable shall think fit wlthout any	zance to be con. or such recogni-

rd from such person on condition that such person shall appear	ditiuned for the
tion before a Justice of the Peace at mme place to be specified in	appearanre of the

hour of ten in the foreno~n upon the day next after prrtier before a

1 be taken unless that day shall fall on a Sunday or Magistrate.

Friday and in that case on the like hour on the

ry recognizance so taken $hall be of equal obligation to the same and liable ta the same proceedings for

as if the same had been taken before a Justice of the

shall enter into a book to be kept for that purpose

the name residence and occupation of the party and sureties (if any) entering in to such $ecognizmce together with hereof and the sums respectively a~knowledgeci and shell lay

ustice as shall be present at the time and place when In default of ap.

arty is required to appear and if the party does not appear penrance recogni-

quired or within one hour after the Justice shall cause	zance to be for-
feited,

nizance to be drawn up a d signed by the constable

e same to the next General Qu&rter Sessions of the Peace ate of the District wherein the offeuce has been committed

the back thereof signed by sueh Justice that the party th the obligation therein contained and the Clerk of the

ident Magistrate shall make .the like estreats and sche-

cognizance as of recognizances forfeited in the Sessions

e party not appearing shall apply by any person on this

behalf

Time of t iming behalf to postpane,the heariag of the charge against him and the Justic,

m u ~ l r e p ~ s t p ~ n e d shall consent thereto the Juitice shall be a t liberty to enlarge the recogni

zance to such further time a& he shall appoint and when the matter shall b, heard and determined either; by the dismissal of the case or by binding th party over to answer the mvtter thereof a t the Sessions or otherwise th recognizance for the apyear6ce of the party before a Justice shall be &

charged without fee or rowad.

1X. And also that if an "person shall assault or resist any person be

~sra'ulr on Police-

men.

longing to the said Police 6brcrce in execution of his duty or shall aid

incite any pmon so to assadt or resist every such offender being convictc,

thereof in a summary way before a Justice of the l'eace shall for eva

such offence forfeit and pay g sum not less than five pounds nor exceedini

ten pounds or shall in the didcretion uf such Justice be conlmitted to tak

his or her trial before the Resident Magistrate of the district wherein tb

offence has been committed at the next General Gaol Delivery,

Penalty on puui- X. And also that if any victualler or licensed publican or other p q

cans harbouring durillg shall knowingly harbour or ,entertain any man belonging to the said Polie

the hours of duty.

Force or err nit such man to abide or remain in his house shop room or

place during any part of the time appointed for his being on duty elsewher

or after the hours appointed for closing the said public houses by tb

entered the said house for the bana Jide execution of hi8 duty and &a] ~ c t of Council No. I, 2nd Victoriz unless such constable shall bar(

remain there so long only @ shall be requisite in that behalf everysuc] victualler licensed publican Pr other person being convicted thereof in 1 summary way before a *Justice of the Peace shall for every such offencl forfeit and pay a sum not exceeding five ~ounds.

JurioCiction aud XI. A d also that all complaints of offences against thila Act shaU b,

proceedure	for of* heard and determined and all fines penalties and forfeitures may be recovem
fences.

by summary praceedure befwe such Justice or Justices or Resident M, gistrate who shall have power in all cases to award costs if be shall thin! proper and such fines penalties and forfeitures with such costs if awardei may be levied by distress and sale and in clefault ef payment ant sufficient distress such Justice or Justices or Hesidcnt Magistrate may bj warrant commit the offender to the coinrnon gaol of the province there'u remain and be imprisoned either simply or to he kept to hard labor a solitary confinement or both in the discretion of such maqistrate for any t b not exceeding the time hereinafter mentioned that is to say not exceed$

together with the costs shall not exceed ten shillings for a terrp not	seven clear days where the whole sum to be levied or remaining un@	ceeding fourteen clear days where the said sum and costs shall not ex$& one pound for a term not exceeding one calendar month where the 8 ~ i t
mm and costs shall not exceed five pounds and fbr a term not cxceedi~
t. h e calendar montha where the said sum and costa shall be of aal greater amount unless the said sum to be levied together with tJie 4
shall be gooner paid.

Jurtiees maycorn-

pc' XII. And also that it shall and may be jawful to or fir any Judo4 af

of witn esres.	Reyideat Magistrate as aforesaid to issue a summons under his h n d b
m y p o n whomsoever to attend asl a witness t9 give evidenc~ upup D&@
gdlemn affirmation befare such Justice m Hplsident Megistrcsta &.amking ~4
matter c$' fact contained in any information cr complaint hr any
apiatst &is Act whether on the pnrt of the proseauh or kfarm~ F .d
the prmn tmtr$ahed of and which sunlrnons such Jwtk or
&gistrats W aforeasid is heeby required to issue if Bunadd ud if d

P ~ M

r e a d Being within the limits of th said clhg or

said Resident Magistrate kas been qpoinded

or neglect to appear a t such time and plass to h h

i t lxut such excuse for his refusal ormeght-tts ,shall

Justice or Resident Magistrate or appearing aWl Wimc8se6 not

on oath or solemn affirmation or to give eaidenoe paring.

ch Justice or Resident Magistrate then in every such case every such

11 forfeit f a every such oaince any sum not exceeding ten pounds

be conmi t td io griscn until the same be paid or in the discpe-

ch Justice or Kesident until f4e or she shall give suoh

Justice or Kesident Magistrate as aka11 be I ' aMIy

11. And also that every Justice of the Peace or Reside& Msiskrate re wbcm any person or persons sball be convicted of any offence againet Act shall and may cause the conviction t~ be &WB up in the fdlowi~g

S LT in w r rtls to the same eff'ect:	'l'hat is to say-
it remenibqrcd that un this	day of in the year of W T Form of comic-

A. K. is duly convicted before me one ctf Her "On*

t j ' s Sue ticks of the Peace of having [here state the ofeplce as the case

be contuarg t o the fo~n l of an Act in that case made anclpmvirled:

J 1 07 wa m the case mm/ he] do declure and adjudge that the said A. 8.

bath fcrfcited for his [or her as t h e case 7nczy be] said offence the sum of

and also the sum of for the costs charges and expences

already incurred thereabout. Given under my hand and seal [W our hands

and seals as t h e case may be] the day and year first above written.

XW. And also that no conviction order warrant or other rna44er made m 'O

purporting to be made by virtue of this Act shall be quashed for wetllkt crf

form or removed by cerlio~ccri or otherwise into the Supreme Court and no

warrant of commitment shall he held void by reason of any defect therein provided that i t be therein alleged that the party has been convicted and that tbere be a good and v e l d conriction to sustain the same and where any $hess shall, b? made.for levqipg any money by virtue of this Act the distress lelfshalknot be decmed unlawful nou the party, *king the same be deemed

a,trespasser on,ar,cqunt oi any defect or want of form in the summons con-

R F $ o ~ ~ a r r a ~ t ~f 'distress ox other proceedings relating thereto nor shall the

py diatraining be deemed a trespasser ab initio on account of any irregu-	anty afterwards committed by him but the person aggrieved by such
m!gularity may recover full satisfaction for the special damage if any in an
action upon the case.
XV. And also for the protection of persons acting in the execution of $a~O$oc;:~~~$

@is Act be it enacted that all actions and prosecutions to be commenced wting under lbi.

against any person for anything done in pwsuance of this Act shall ~ c t.

be conmenced within two calendar months after the fact committed

"d not otherwise and notice in writing of such action and of the cause Notice of a e t i o ~.

f h e ~ o f shall be lven to the defendant one calendar month a t least before

r ~ ~ ~. 11 m i e n t of the action and in any such action the defendant may isale.

Pjcsd r t i r ; z j and give this Act and the special matter in evidence

at 1: 1 l thereupon and no plaintiff shall recover in any such

actinri if t w d c r of sufficient anlends shall have been made before such

action braglit or if a suficient sum of rnaneg shall have been paid into '?~tt +ftw such action brought by or on behalf of the defendent together 'lth the costs incurred up to that time and if B verdict shall pass for the

d c f e n h t m the plaintiff become non-suited or discontinue any such action

aft(tpr issue joined or if upon dernlirrer or otherwise judgment shall be given

against

h

againat the plaintiff the defendant shall recover his full costs as betn attorney and client and haw! the like remedy for the same as any defend hath by law in other cas& and though a verdict shall be given far plaintiff in any such actio+ such ~laintiff shall not have costs against defendant unless the Judgd before whom the trial shall be had shall cerl his approbation of the actio$ and of the verdict obtained thereupon.

Ap~r*prirti~n of XVI. And also be i t furtlier enacted that all fines and enalties which I

Finer.	be recovered by virtue of &his Act shall be given an S paid one thin	the informer or 'prosecutor jf demanded and the residue to the use of l
Majesty Her Heirs and Suqessors for the public uses of this Province i for the support of the Goveriment thereof,

XVII. And also that wh&e any parson employed in the said Police W

shall be entitled to the whgle or a proportion of any forfeiture penalt seizure under this or any other act in force within this Province the amr

or proceeds thereof shall gdoto a general fund to be distributed a t the of et7ery year among the officers and men belonging to the said Pc

Force in such proportions a d according to such regulations as the Go nor for the time being shalt appoint direct and determine and in dej of appointing regulations or directions being made the said fine shall g

the person entitled to the saqe immediately upon the recovery thereof,

XVIIl. And also be it further enacted that this Act shall commence

r take effect from and after the passing thereof,

XIX. And also that in this Act unless where otherwise require?

the context the words "papty" or erson" shall extend to inales

females and all words in the .singular "g s all extend to the plural number

all words of the masculine gender to the feminine.

GEORGE GREY,

Governor of South Austral]

Passed the Council this Thirteenth day of July One Thousand E

Hundred and Forty one

A. M. MUNDY,

Cler;k of Counc

C

ADELAIDE: Printed by authority by ROBERT THOWAS QE CO.,

Government Printers, Hindley-street.