Police Act 1844 (SA)

I ,, .

ANNO SEPTIMO ET OCTAVO	k
S

4 AS it is espedicnt and ne to make f ~ u t l ~ c r

provision for the lunintennuee of pence aud good

order, a id for tllo prosecution of .cortai 'committed in

, I

South Austcliin, or within t h City of ddcliliclc, niid a w l 1 other haamble.

Towus or Districts in thc said Province, n j sl~nll bo declnr~l by 11is

Excellency the Govcrnor by 13roclni*mti#n, to come uuder the

operation of this Ordinauce in whole or ill{ part as after provided,

-as well as for the rcmovd and prevei~tion of Nuisauccs aud

Obstructions, and for the better nligunlen of streets tlicrein res- pectively :

Be' it therefore Ennctcd by his ~xcellei& the Governor of South ~ r n e i l c ~ r n e n t.

Australia with the advice and consent of he Legislative Council

A thereof:

, - F

thereof: That from and	,fhr the first day of Jauuary next, the
present Ordinalice shall	mmence and take effcct, aud an Ordinance
of the Governor with t	a advice and consent of the Legislative
Council of South Austr:	ia, passed on the Thirteenth day of July,
One Thousand Ei&t	3undred and Forty-one, intituled An

Re alof

6 G t. , NO. a. Act for ~ e ~ u l a t i o g tht Police Force of the Province of South

Austrah," slixll be and the same is hereby repealed; exccptiug as

acting under the re-	to a11 matter8 llere tofort	lone; and no action, suit, prosecutioh, or
pealed Orclinsnce.	proceeding, shall be col	lneilced or carricd on against the 'Com-
missioner, and ORicers I	'Police, or any other persons, acting in
the execution of the	repeal& Ordinance for anything hereto-
fore done by them in vi	be or in pursuance thereof,
I

Indemnity of P ~ I ' B O ~

General Powers 11. And be it fttrtl~er snactcd, That it shall be lawf~rl for the

and Duties,	Goverim fiom time to I	jlo by n-arrant uuder his hand to appoint
The Ooverno*
appoint Police Magia-	Justices of the Peace 1	: execute the duties of Con~missiouer of

trates for the Province .PO] ice 811d of Police 111 a 3 1 stxate for the Province a t large, a ~ t d for

at largo end for Ade-	such limits of the City of	I	Adelaide, and of such other Towns or
laido and other T o m

or Dietribta r c a p . Districts as may bc dc 1;-wed 1)y l'rocla~nntion in manner after

tivoly. I

l	provided respectively, to( * t l w wkll such other duties as shall be liereinafter specified or n$sllnll be fron~ time to time directed by the
Governor for the morc c ffi cicnt acIri~inistrntiotl of the Police for the

. P

Province, or witllin the ;;limits of the snid Towns or Districts

, respectively, undei* thc n$thl~rity vf this or any other Ordinancc in force within the said l'rov&~ce; and every such Justice, fisom time to time to displi~ce mcl nppoiut mother iu his place

Tempordl~ w i n t g

ment in cnso of dak- ns to the said Governor : Provided, that in c:ise of

nobs or abaenoe. the sickness of any or his nbsencc from the

Province, or in it shnll be Inwfid for

tlic Gover~~or m y other

0

Justice of the such siek~~ess

or nbsencc, a d 110 1a11gc1

III. Aud h it filrtllcr

poi~~tcd n Police 1Ingistr.n

fore Ilc sl~all bogill to u s followitlg oath befbrc one the +%id P~OV~IICC; that is

I, A. B., do swcnr that

according to the best of

powers and duties of n 1 ~ir tuc of

an Ordiuaucc of the of tllc

Legislntivc Council

Septnnber, One

7 & 8 Vict, No, IQ. " An Ordinance

i 'i

TV. And be it further Enacted, That id sliall be the duty of the Gaeral P m n

said Nagistmtes, respectively, to suppre$s all tumults, &ts, nf- and ~.+gietmtw to #a

frays, us breacl~es of the peace, all public nuisances, vagrancies, prem M turn.% r"

P &c

and offences a3~inst	the Law.	S.
3,

'V. And be it fui*tl~er Enacted, That ii shall be lawful for the A Polia * W

Governor to authorize m y such Police 3lagistmte, from time to point& time. to nominate a suficiellt number of fitand able men as a Police - I

'f'orce for the Province at large, or for th4 limits of any of the said Towns or Districts respectively for w11idl he sliall be appointed, who sliall be sworn by him to act as Constables for preserving the peace, and preventing robberies snd otqer felonies, and appre- lleilding offenders, as well as for greveliting nuismces and ob- structions; and the nleu so sworii shdl obey all such lalvful com- mands as they way, from time to time, receive from the said Justice, for conducting themselves in the executioq.Iof their office*	!	*
X

The Alrgi&rnte, sob- ..

VI. And be it further Enncted,'~hat tlie mid Police 3Iagistrate ject to the appruk-

shall, from time to time, snbject to the npp&bation of the Covenioi*,	to make regulations ' cion of the Goremar,
frame such Orders and Eegulations as l$ shnll deem expedient,	for the managemen&
relative to the general government of the men to be appointed	of the police Fme.
Coostixbles under this Ordiornce; tlm l~lacks of their resideuce, the classificntion, rank, and particular service of each; their distribution and il~spection, the i le~&~~tion of a~ms, &coutkments, ancl other
necessaiies to be fwnislled- to tllein; mid RV such other Orders n~ld	Regulntiotls relative to the snid Police Porclc, ns the snid Ahgistrate
shall, fmm time to time, deem e~pcclient~ for preventing neglect or abuse, a id for ~.cnclering such force cfficieut iu the discharge of

all its di~tics; and tllc wid Magistrate mnYJ, at any t h e, suspci~d OP Policomcn mdy bo

dismiss any mnn belonging to the snid l'ollce Forcc whom lie s l i d awpcndni or disrnit-

tlii~~k W ~ N ~ S S or ~~eg l igwt ill tile disclmrge & his duty, or otlvmviso wd by tbe Slagistrate.

unfit for the same; and wllcn m y m m &all BC so dismissed, or cease to belong to the snid Polica 'l~orcc, 41 powers vested in him n Constable, by virtoc of this O~rliunuw; sl~all iumedintelp cease

and determine: I'rovidcd that every appogltnleut, suspension, and

dismissal of any Constd.de shall be notified in tlic Govern~ne~t

Gazette. ..

F

mail b c l o ~ g i ? ~ to the mid

otlm thau thrs Ord~nnucc, to

find drunk in tllc streets or

and to apprehend all loose, idle,

wlmn he dial1 find disturbiug the shall have juat cause. to suspect of

about

I

Qee*eralPotoem

about to commit any felpny, n~isdemeanor, or offence, or of any

and D u t i ~.

evil designs; aud all pers@s wlioin he sliall find, between snn-set 'and the hour of eight iu 5th forenoon, lying or loitering in RV street, highway, yard, or dtl~er place, and not giving a satisfactory

account of themselves; an! to deliver any person so np rehended

into the custody of the Cqbstable appointed under his 6 nlinance, who shall be in attendanas at the nearest watch-house, in order

that such person may be &cured until he can be brought before 3 Justice of the peace, to lie dealt with according to Law, or give bail for his appearance before a Justice of the Peace, if the Con-

stable shall deem it prude* to take bail in the manner hereinafter	i.'
mentioned.	3 1

% *

c m t n b ~ e e sttendinp f

nt the watch-house m VIII.' And be it furthed Enacted, That wlere any person found

I,,e take 1Yh.g O r loitering about s aforesaid, or charged with any petty i l

,	bail by ncogni=r~ce inisdemeanor, sliall be bro gbt without the wnrrant of a Justice of
from peraons broaght i
br,rs fur the Peace, into the eostodj of aby Colistable appointed under this
misd0mennu.i mch OLYlinan~e, dluii~g his attepdsuce in the aight-tinie at m y watcll-
rccogniznnce to be 1
conditit,nad fur the hollW, it shall be IflWful for such Constable, if he shall deem it

prudellt, to take bail by r og~izznce. 114th or without sureties, 8s ;

tlie said Constable s l i d tll P uk fit, without any fee or reward from / L

such persoa; conditioned that such persou alinll appear for exanli-	v
nation before s Justice ofitlte Pence, at some plnce to be specified	:
in the recoguimnce, at the$ hour of t.ea in the forenoon, nest after
snch recogiiiznnce sllnll bQ taken, u~iless tlint boar sbnll fidl on a
Sulldny, or Cliristinns Dnyj or Gaod Fridnv, and in tlint cose, at the	;

like hour on the soccecdi~i$ clay; and every recogniznuce so tnken ;

s l d l be of equal obligatior( on the parties enteriy into the same, '

mid liable to the sanw fbr the estrenting thereof, ns if i. E

,

the snlilc I J: ~ been Justice of tlic l'eiwe; n11d the

Cmatnblc slinll to be kept for t$liat 'purpose ill

ercry wntdi-llousc, the 141111e, residence, and occy t iou of t h ',

pwty, and his surety or s reties (if any), entering i ~ t o such re- i

cog~~izsiice, togetlw nit11 F lie condition tl~ereof, and the slms re- f

spectively acknowledged, slinll lay the smle before such Jllstice i

as shall be present at a i d place, wlien and where t h g

In default of appear.

ancc recognizance to party is required to if the party does not nppcnr at

be forfeited. the time and place ouo hour after, the, Justieu

ahall cause n to be drawn bp

Time of henring may	signed by the	appeariug, shall apply
by any person	hesriiw of tlie clmrgt: ; .

be poatpoaed.

npinst hiin, and tllc Jtwtick sllall cousent thereto, tee Jostiec slinll

be ~ l t liberty to enlarge thk recogiiunce to such furtller time 8s	t
he sliall appoint; and wheg the matter 8Lrd.i be Lend and doter-
ruined either by the di$miwt#al of tire ewe, or by binding the paibtY	r

IX. Ancl be it furtlier Eaacted, $lmt it shall be lawful for any Conaables may RP- prehend any offindcr

Coustnble bclongin+ to the Police F&e, and for all persons whom ,h, ,,., .,,a , . .

h shall call to his assistance, to bite' into custody, without a. lidttnc~b na k n ~ w n.

wamnt, any persou who, within vie*of my such Constable, shall

offend in any ruaiiner apinst this Orcfinance, aud whose name and I1 .

,

residence shall be unkn~wn to sucli constable, 8ud ~ m n o t be as-

cei~iucd	by	such Constable.	t Q	;
I)
i

X. h i d be it filrtl~er Rnected, Tl~tl$ any pcrson fouud coin i t - ~~~~~~0~

tiug my offetlce punisliable either .upoil indictment or as ;l inisdo- aggrieved toappre-

ineailor unon suili~nnrv convictioi~. ld virtue of this Ordinance. hond certain oknden. '

8.

nlay be t&n iiito cu~tocly wit11o;t n4{finmrrant by any Coosttble,

or may be ztpprehendcd l ~ y the om~ler bE the propcrty 011 or wit11 I

+ l

respect to wl~ich'tl~e offence slrnll be cofnmittcd, or by his sciacnt, l, .

or any persou ~utllo~izecl by l h l, a n d p a y be dctaiued until he 1

can be dc~ivcrcrl into the custody of 8% Constd.de, to be dealt l

be guilty of any nedect or viointim of (Iuby in his office ofCo11- XI. And be it furtllcr Ennctcd, That wiry Constable who ~11.211 ~~~~~~~~~~

a b l e slrall be liable to R penalty of not iilpre tllnti Five l'ounda,

the amount of ~vl~ic l l pemlty may be clcdpcted fiom any snlnry

the due to such offender; or, in the discretion of the Mn$istrate, may be imprisoned, with or without hard I]'ebor, for any time not

more than one calcudar month.	1,	t.
. I	E

And be it further Enacted, Thnt In~pector, Sub-Tu- ~ & ~ ~, "; ~ ~ ~

8PwPBebr, or iny Officer above the 'mnk of Co~~stddla be- borrd

B

h longing .

..

Qe~emZ Power8 longing to the Polico e, shdl have power, by virtue of his

and DuIwu.

office, to cuter at all ti	it11 such Constables as he ellall think
necessary, as well by	s by day, into and upon every ship,
boat, or other vessel (	g then actuslly employed in Her Na- ddck thereto
stable whp may be

ins ecting and	conduct of all other persons who
sha P 1 be	of any such vessel in or about the

Inspectors, Sub-In- XIII. And be it further Enacted, That it sllall be lawful for

speckm &c, to rp

prehend and seize

stalon pmprtf on

hard rhipa , that auy

such slip, boat, or

measures for the

or detection of all felonies,

have been, or to be $,out

take into

suspected to

be stolen.

f

XIV. And be it That if any person allall nssn111t

or resist al?y	to the snid Police Force, in tile
execution of	aid or illcite any person so to ns*

snult or resist, every,su h oflknder, being coudcted theroof, shall f

for every such offence, -forfeit nlid pay n sun1 not ex(seding Ten

Pounds, or may, io the dsemtioo of tlic i\ingistrnte, be cowu~itt~d

for trial l+?fore nny otllcj co~upotrut Court.

Y

Penalty on Publicans

hatboring Poiicxmen XV. And be it f u r t l h Enacted, That if any VictuaUer or Li-

dnring the hours of

censed Publican, or oth& person, s l d knowingly harbor or enter-

dntj; .

tain any nlan be1ongii;g;to the said Police Force, or permit such

man to abide or relimm!iii his house, shop, room, or other place, during any part of the t h e ap ointed for his being on duty else-

being convicted thereof,i s h d, for every such offence, forfeit nl~d	where, every such ~ i ~ t r h l l c r, %tensed Publiean, or other person,
pay a sum not exceedill	Five Pounds.

- 4	XVI. And
i

'XVI. And be it fiwther Enacted, That every Police Magistrate

a &all, as far as in lkn lies, cause t h a Lord's Day to be duly ob- served by all persons within the limits for which he slrsll be &p- pointed; and shdl not permit or s u e r any house, sbop, or store, or other $lace tllcl~iu, to be open 014 that day for the purpose of trade or denling works of necessitY~.aod charity only excepted; and any person who shall tmde, or 4en1, or keep open any shop, store, or other place, except as atfoses&I, for the purposes of trade or dealing on the Lord's Day, shall, ob conviction, forfeit sud pay for every such offence s sum not exceeding Three Pounds: Pro- vided that II jtlring herein contained shtll extend to the prohibiting of the dwssiug or selling of meat and ,victuals, for such ae cannot 7

, be otherwise provided.	.i
f

XVII. And be it further Enacted, That the owner or occupier of A~tonotaffcrina amee or play on

any puldic billiard-rooq or other publib place of amusement, who Bmnaaf.

shnll permit or suffer any one to playjin his house or premises,

any p m e on Sunday, shall, on couvictfou, forfeit and pay a sum

not exceeding Five Pounds nor less thaq Three Pounds.

S:

XVIII. And whei*e.ls it is expedient! that the p~*ovisious made Rep1at.li~rnsofpub.s.

by Law for preveuting disordcrly coudu& in the liouses of Licensed lic-hvusea tu exteod to other haussr of

~ictunllers be extended to other lrousks of public resort: Be it paac -a .

Eimcted, That every person wllo sl~all 3lave or keep any house,

shop, moln, or place of ublic resort, d ~ e r e i n provisions, liquors,

or refreshrneuta of m y [ind ~ ~ ky shd or consumed (whether r d

the same sl~nll be kept or retailed thereii4 or procured elsewhere), -

and who shall wilfully or knowingly perpit dlxnkenness or other

disorderly conduct in such liouse, sl~op, roonl, or place, or know- ingly snffer any uolnwful games or m y g+ing nhntsoever therein,

or knowiegly permit or su f i r prostitntcsror persons of noto:<onsly

hcl cllnracter to mert together and renrnig tl~ereiu, shnll, f ~ r every

wd1 O ~ ~ C I I C B, liable to a pcnnlty of not&orc t l m Five Pounds:

provided nlanys that if tlie otrclldor bc : Liceuscd Victunller, or

licensed to ~ d l lwcr by retiiil to be d m ~, f i on the $rc~niscs, this

enmtment &all ilot bo colistrncd to exempt him from the pc~~alties

01- penal coimxpmxs to which he ~iiny be!lialle for columittiog an

l

offence againat the twos of the licence to Qm granted. t

h

XIX. And bc it further Enactled, That )!very person who din11 ~ ~ $ t ~ ~ ~ ~ ~

' .

be found dr~111k in any &met or P L I ~ H C thprouglifare, shall forfeit pilg driotowor

and pay, on conviction, for every such offeuqe, a penalty not exceed- mdscant	m y	bs impnbonsb	bshariour
ing One Pound, and every person who, whi& drunk, shall be guilty of any riotoue or indeceut behaviour, and blso every person who
shall be guilty of any violent or indecent bhaviour in any Police Station-

station-houk, s l d be liab1J to a penalty of not mare tlmo.Porty Shillilig for every such oflfpnce, or may be con~mi&td, if the Magistrate before whom he &all be convicted shall tllitlk fit, iustead of inflicting on him any~pQc$nia~~ penalty, ' to tlie House of COP

rection for any time not mork	than seven days.	'	.	>
.	#

Idle and d i e r l y *;

persona

XX. And be it further Ebwted, That every person beiug able,

sliolly or in part, to rneiiltni& himself or his family, by work or by

C

other means, and wilfully re$sing or neglecting so to do, whereby he, or any of his f a d y, wlio$l he may be legally bound to maintirin, shall Bave becoine cl~nrgcabl$to the public, or shall be without means of q1p01.t othw tlml p~blic{cl~nrit~ ;. w d erory petty cl~np~unn or pedlar waildurillg nbronc1, nn?.tr;~ding without being duly liceused or otllcrlvisc nutlmwed by Law, htd every coniluou prostitute wandering i11 the public st~ects or liigl{wnys, or ill any plnce of public resort,

aud bclmving in a riotous 4	indecent innlrwr; and eery yewon
wanderiin~ nlx*oad, or pl,lncil:k	l~imself iu any public place, street,

hig11nmy, court, or pssnge, f o beg or g n t h * alms, or cnt~sing, or procuriog, or ei~courngiug npy ellad so to do, shall be deemed taa idle ancl disorderly person aithiu the meaning of this Ordinance: and it &all be lawf111 for an$ Justice of the Peace to conrmit such offender (beins tl~ereof con&icted before him by his own view, or

by the coilfcssion of such offender, or by tlk evidence on ontb of

one credible witness) to tlle f~ousr? of Correction, there to be kept

to hard lnbor for any time n& exeeediilg one calendar month.

t	!
'

Rogues mraQ rage- XXI. Aud be it further &acted, That 'every ers son conlmittinz

bond* , .. 1

any of the offences liereinbe$re mentioned, after liaviilg been con.

victed as an idle and disordefly person; nud every person pretend-

ing to tell' fortunes, or usiii any mbtlc craft, m;nns, or device, 1 ) ~

palniistry or otl~er~vise, to t eceive and impose 011 any of Her Bin-

jesty's subjects; and every $erson wao(lwii~g.	abroad, nnd lodging
-.

111 any out-house or desertedjor unoccupied building, or in the open

not l~avine m y visible means of sub.

sistr.nrr, nnd riot nccount of hilusclf; nnd cvery person

~t rwt, wu1, Itigltrvny nr. public-

phrc, nny or ~t lwr ~ ~ ~ C C P H t (tsldlitio~~ ; t\1111

n i d obseet~cly exposing Iris

or in the view tlrereof, to insult any fenmle;

by the expo-

and every

his'wife child d m t p b 1 e, or wllerel?J, my of them sllall become C?md P m

ehnrsenble to the public, or without means of support other than a d M.

public charity ; and,every person playiug or betting in auy street, '

road, highway, or other opeu and publid: place, at or with any table,

or instrument of gaming, at any gage or pretended game of

chance; aud every person having in lJ$custody. or possession any

picklock-lwy, crow, jack, bit, or otl16r implements, with intent	.
feloniouxly to break illto any dwellin$-house, warehouse, 'coach- house, stable, or out-huildil~g, or beiug armed with any gun, pistol,' hanger, catlnas, bludgeon, or other offensive weapon, or having upou hi~n any instlment wit11 intent to$commit any felonious act;
and every person beity found in or upoh any dwelling-house, ware-
house,~conch-house, stable, or out-house; or in any enclosed ynrd, prden or area, for a n y ~~nlnwful pupose; and every suspected person or lkputed thief, fl-equeuting any, river, or navigable stream, dock. or basm, or any quay, wharf, or -&rehouse, near or adjoining thereto. or any street, higl~way, or riubnue leadiug thereto, any place of public resort, or any avenue 1e:iqing thereto, or any street, highway, or place acljncefit? mitli iut& to coinmit felony; and every person npprellended as an idle apd disorderly person, and violently resistlns any Constable or other Peace Officer so appre-
hending him, and being subsequently c&victed of the offence for which he sllnll have been so apprehended, shall be deemed a rogue
and vagabond, wit11i11 the meaning of t l h Ordinance; and it shall he lawful for any Justice of the Peace to commit snch offender

offender, or by the evidence on oath of? one .credible witness) to Paniohman t	(b&g tlwreof convicted before him 11y the confession of such
the House of 'Correction, t ime to be 1&pt to hard labor ,for any
h e not erccedilig three mlm~dnr nlonths; and every euch pick- lock-key, crow, jack. bit, and other implements, and every such

-

gun, pistol, hnngcr, cutlass, bludgeon, a). other otiensive weapon,

and every s~icli isstrumclit as afores~id, $11~11, by the couvictioo of '

the offender, beconle folfeited to Her Mdiesty.

XXIII. And

Oeneral Poicstr i;

and Duticn.	XXIII. And bc it Ennctcfl, That every owner or keeper of any the Police Office, his name $nd the name and description of such dog, mid shall obtain for the game a collar, having thereon in legible characters, not less than one inch in size, the rkgistered number of such dog; and the person in,!chargo of such office is hereby autho: rized and required, on payrn$lt of the sum of One Shilling in each case, to enter under progreslfiive numbers the names and descrip- tions in a registry to be keptfor tlmt purpose; and every dog found at large, in any such streetsor$ublic place, without euch a collar, may be seized by any Constable; and unless claimed by or for the owner within twenty-four lipurs, may be shot" or destroyed; and every persol1 wlv as ow~ier shall claim any dog found without such collar as aforesaid, shd1 fnrf&t and pay a fine of Ten Shillings, on the delivery thereof, and in hefault of such payment the dog may 21'
Do to be reginbred	dog #going at large in the sti$ets or public placeq shall regirter at
m r w w WUU&
be shot or destroyed. +. k

I 6

'	Penalty w dogs rush-	XXIV. And be it ~ n a c t a,	That if any dog, whether having
ing at persons, &@.

such collsi4 or not, shall msh any person in any street or public

place, or at any horse, tl~ere	or ridden by any person, such
dog shall be liable to be	the owner shall forfeit and pay

a pcnalty of Ten above any other penalty in-

curred hereby, ynymmt the dog may be

shot or destroyed; and of the collar, with proof of the

registry thercof, shall evidence of ownership for the

purposes of this Ordinnncc. g:

Juatices ap ointed $

under this brdinanca XXV. And whcreas it is etpedient that markets should be placed.

to frame Market Ile- under such regulations as shaq provide for the convenience of all persons resorting thereto: I d i it therefore Enacted, That it shall ancl may be lawful for the Pol~ce Magistrate, with the assistance of the Bench of Mngistrates for t c Province, or for or nearest to any of tlw finid rJ'owi1:4 or Districts, to 111nl~e f nncl qqmilit S U C ~ rules and ~ ( p l t ~ t i o n s, 1 1 1 d 1 1 1 ~ s~lilw to p l l t ~ r 11ud W , f r o ~ n t i i w to t i w,

as occasion fillall rcquirc, for holding such nlr~rlivts, mrl for thc

maintenance of good order convenicncc therein, and for thc

cleanliness of the sewral sheds, and stalls, as to

them shall seem fit; ancl to and regulations, by imposing fines and penalties fo the violation thereof; any such fine

or penalty, in no case, to escee R Twenty Shillings for any offence,	and to be recovered, in a nry nay, before any Justice of the
Peace, and applied as directed: Provided drvsys, that
all such rules and be fimt approved by the Gm
vetnor of the said in the &th Austmlinn
G02:erotmcnt be painted in legible

black

' hlack lcttcn, oil a board with s white gro$pd, and be put up and !

continued in some conspicuous place, in$ or near to, every soch

market respectively. , 5. 1

XSVI. And be it further Enacted, gat it shdl and may be rersmpwetvd The Colonial ~ r s n a t ~ - to farm

lawful for the Colonial Treasurer, or such bther officer as the Go- the -U# ~ ~ ~ ~ d i n g ~ the

vemor of the said Province shall authorize b d appoint, to farm by

..

public auction, for any tern not exceeding e l v e calendar months, any one or more stalls, or standing in any; market-house; and, for that purpose, to advertise and give such public notice in the news- papers, or otherwise, as to the said Coloijial Treasurer, or other officer aforesaid, shall seem fit, of the time 4 letting the same, and the conditions thereof; anything in any otMr Act or Ordinance to

the , contrary notwithstanding. 2, K

SXVII. And be it further Enacted, Tha$ any person who shall AstodnmwhirpuMic

damage, any public builGng, wall, pnrap&, sluice, bridge, road,	baildinga
street, sewer, water-course, or other public 'broperty, shall pay the

,	cost of repairing the same; and if the same ;.be wilfully done, shall forfeit and pay a further sun1 not erceech$@ Twenty Pounds, nor
less than Five Pounds. G

i:

XXVIII. And be it further Enacted, ~ h & it shall be lawful for ~~~~,"~211utit ' +

every Police l\lngistrate, and he is hereby re&ired, from time to time

by notice published in the Government Gigette, to declare what

portions of rivers, streams, and water- course^ within the limits for which he is appointed, are reserved to tlje ,public use, for the

,	supply of water or otherwise, and to specify the bouds thereof; and
whosoever shall bathe within such bounds, orfthrow or lay, or suffer, %
to fall into the water, any offal, carrion, filth, or other offensive
S thing, shall, on conviction for every such ofFeice, forfeit and pay a
penalty not exceeding Five Pounds. 1 ;

XXIX. Aqd be it fiwther Enacted, That *ly person who &all A8 to watcr-cooner .

cast any filth or rubbish into any mater-courpc, or canal, or shall

obstruct, or divcrt from its clmnnel, any p~ibitlic sewer or water- ,

course shall forfeit a sum not cxckcciin Tcn IJlionnds, nor' less than .

Ono Pound, and shall pay the cost o f removihg such filth or ob;	struetion, or of restoring such water-course o$ canal to its proper
channel. l

i

1 * .

XXX. And be it further Enacted, That person who shall A8 to i n j ~ r k P~~~ 1

foankinr , ,

injure any public fountain, pump, cock, or watppipe, or any part

1

*

. thereof, shall pay the cost of repairing the same; and if the injury

be wilfully done, shall forfeit a further; sum inot exceeding Ten

Pounds nor lesa than One Pound; and any peikon who &hall have

hh possession any private key for of opening any

* cock,

4

, I

* I d

4 1'2

1

;

cock, or who shall in any &anner clandestinely (or unlawfully a p propriate to his use any d t e r from any public fountain or pipe, shall forfeit a sum not ~exce&ing Ten Pounds, nor less than Rve Pounds; arid any person who shall open, or leave open, any cock of any public fountain or ptlmp, so that the water shall or mPy run to waste, shall forfeit a sum not exceeding Two Pounds, nor lees than Five Shillingfi; and any person who shall wash any clothes at any public fountain or pimp, shall forfeit and pay a sum not ex- ceeding One Pound, nor less than Five Shillings.

LomJ R ~ g t ~ ~ a ~ i o n s. XXXI. And be it fwth& Enacted, That if any person shall, in

Bcnting cnrprts flying

kib8,brraling bo,.,,,+	any street or public place, bent or dust any carpet or shall fly m y
&<ngbmow8and	kite; or shall drive any carriage or carriages for the purpose of

i

i

so offci~dinc, upon conviction

upon the i i r a of :my surh t C

t.xceeding Forty Shillings

i

F

Z

XXXII. And be it furtl~er Xnacted, That if any person shall

set or place, or cause or perr&t to be set or placed, m y stall-board,	-
chopping-block, shew-board (on liiilges or otherwise), baskets, wares,

\.	merchandize, casks, or gooclg of any kind whatsoever; or shall hoop, place, wash, or cleanse, or sl!nll cause to be hooped, placed, washcd, or cleansed, any pipe, barrel; cask, or vessel, in, or upon, or owr, any of the carriage or'foot-ways i6 any streets or public places: or shall
set .out, lay, or place, or s b q cause or proewe, permit or suffer, to be

. set

' I

set out, laid, or placed, any coach, cart, waggon, dray, wheelbar- h x d RcoYlrah*~I

row, handbaniow, sledge, truck, or upon any of the

said caniagwvays, except for the	loacling or un-
loading the same, or taking up or	fare, or waiting ,

for pwsengcrs when actually unhamessing

the horses OS other animals from any boach, cart, wain, waggon, I

dray, sledge, truck, or other carriage; 8r if any person shall set, or place, or caused to be set or placed, h, or upon, or over any of the said carriage or foot-ways, any tirnl&r, stones, bricks, lime, or ~ ! ~ ~ k

other materials, or things for building whatsoever (unless the same	4 l
shall be enclosed as hereinafter is dirwbxl), or any other matters or th ing whatsoever; or shall hang out $0; expose; or shall cause or permit 'to be lmlg out or esposed, aliy meat, or offal, or other thing or matter whatsoever, from any h@use or other buildings or preinlses, over m y part of either, or anr; of snch footwmys, or car- ringc-wnp, or over oily afetx of any ho@e or other building or premises, or m y other matter or thing, fr&n and on the outside of
miscs, over or next w ~ t o any such ~ t rcc t pr pul~lic plncc, and sllall	the front or any ot lm part of any houw $? other buildings or pre-

not irnrnr:rli;lI:dy rolnovc all or ;my R I I ~ I :t~ii,ltws or t h i i l p, 11cinw Notramoringwhn ..

" required

thcrcto rccluirctl by any Justice uf thc I'cdrx!, or by ;my I'olicc COIL-

etable rrppointed under this Ordinaim, and shall not continue and kccp

the smne so removed; or if any person having, in pursuance of Replacing the a& '

any such requisition as titfOresaid, semved, br caused to be removed, *r remwd.

'	any sukh siall-board, sllewv-board, choppiripblock, basket, wares;
merchandize, casks, goods, conch, cast, wah, waggon, clmy, wlicel- barrow, lmandbnrrowv, sledge, truck, cwrinq?, timber, stones, bikks,
lime, meat, offal, or other matters or l shall, at any time

-.

thereafter, spin set, lay, or plncc, expos& or put out, or cause,

procure, permit, or snffrr to be mt, laid, $laced, exposed, or ynt

out the same, or any of them, or any other ?stall-board, shcwv-board,

cho~ping~bloclc, b:~sliet, warrs, mcrchnndis6j goods,' timber, stones, ,

bricks, lime, coach, cart, ~vain, waggon, dr$-, truck, ~vl~eclhorrow,

handbarrow, drtlgc, m~il t, ofid, or othcr tl&ings or mnttcrs wlmt-

goever (save and csccpt as ;IfOl*csi~id), in, 111>011, or O V C ~ any of the carriage or foot-ways of or nest unto any 4treets or public places as aforesaid, then, and in every such case, e+ry person so offending shall, upon conviction, forfeit and pay, for %he first offence, a sum

not exceeding Forty Shillings, nor less th& Five Shillings; and z!'&Le+~	also, that not only shall such penaltics bcconle payable and be re-
covered, but that it shall and may be l'arvful io and for any Justice, . ,
Qr for any Police Constable appointed under h i s Ordinalme, without .
any warrant or other authority than this Otc$na;nce, to seize any such stall-board, shcw-board, chopl~ing-blocx,: basket, wares, mer- chandize, casks, goods, coach, cart, w i n, &ngg&, dray, wheel- ?S barrow,

D

X ~ C Q ~ f i g u b w. ' barrow, handbarrow, sledge, t ~ c k, or othcr carriage, together with

the horses, asses, mules, or otl	r animals, if any shall be thereunto
belonging, with the harness, g	ar, and accout~vmcnts thereof, or any
such timber or other material	or other matters or things aforesaid,

PAhablemburer, or any of them; and in cas

how diapoaed oE any of the goods, wares, or mer-

chandize so seized shall be 1:	riuhable, or shall be articles of food,
then the same shall be inm;	ately forfeited, and the persons who
shall seize the same, shall dcli	:r the - same, or cause the same to be

, delivered, to the Colonial St( )ikeeper for the time being; and the

same shall and may be distii nted for the benefit of such public or

bthe~winues:	charitable uses as the Gove;	or may direct; but otherwise such
Justice or Police Constable as	~foresaid, shall cause the stall-board,.
basket, cask, goods, coach, ca	, waggon, \vain, dray, wheelbarrow,
Ilandbanow, sledge, truck, o	other carriage, horses, asses, mules,
or 'other animals, matei-ials, or	ltller things so seized, and not being
of a perishable nature, to be	:ernoved to any place appointed for
the reception thereof, if any	gch there be, or otherwise to stlcll.
place as he shall judge conve	ent; giving piarole or written notice

of such place ~vhereunto the S Fie shall be removed, unto the owner,

driver, or othcr pelson ha~ini	linterest in the things so seized ancl
removed, if hc shall be then i	id there present; and the same shall
bc there kept and detained	I pntil such owner, driver, or other

person interested therein as --- Ioresaid, shall cause to be paid the

penalty in which he shall be	together with t h g c l ~ ~ g e s
for taking and removing	d of keeping - such horses,
asses, mules, or other an	; and in case the goods,
carriage, horses, anirnals,	other things so removed

(not being perishable or articl s l i d not be claimed, and

the said penalty and charges . thin five days nest after such

rcxnoval tl~xeof, then, and in nch ease, it'shall and nmy be

lawf~zl to and for the said Jus ancl sold, arid the ovcrphs	rder the same to be appraised
oncy arising from snch sale

" shall be paid to the owners tl r rleitucting the said penalty

and such costs, charges, pnd nses attending such seizing, re-

moving, keeping, nppralsmg, selling the same, as the said

Justice shall ascertain a ~ d allow

l C

m a a i n ~ miwces XXXITI, And be it further acted, That in all cases &ere by

S afmogy80CBI.

this Ordinance it n~ay be direct cquired, and proviclcd, that any

-.	person sctting or pliwing any	-board, chopping-block, basket.,
merchnnclize, ~vares, pipe, ba	ask, or vesscl, goods, timber,

stone, bricks, lime, or my o	terids, matters, or things, or
causing or procuring the sam	y of them, to be placed or set

upon any of the carriage or

or otherwise, contmry to the

regulations herein con tnincd

the s t ~ e t s or public plrrces,

or

I

,

5 I

I

i I

or that any person setting or placing any eh, cart, wa~gon, dray, h l R g d i - -

wheelbarrow, handbarrow, sledge, other carriage, in or

upon, or over, any of the carriage or S, in any street or pub-

lic place, or procuring or causing	be 80 set or placed,
shall have notice and be required	the same pi*evious to ,

such person being subjcct or liable to th4 penalties imposed by

virtue of this Ordinance, and to the seizure, i$ifciture, appropriation,

appraisemelit, or sale of any such goods, ina rids, matters, or other

things, coaches, carts, waggoiw, drays, d i e 8 barrows, handbarrows,	sledges, trucks, or otlier carriages, in manned directed by this Ordi-
nance, then if any yeison shnll set or plact any goods, materials, matters, ,or other things, or 'shall set, place4 or drive any coaches,
carts, waggons, drays, whcelbarrowvs, l~andb(n-o\m, sledges, trucks, '
or other carriages, upon or over the said c4iiage or- foot-ways, or any of them, or any part of them, at any 91ne subsequent to his
having received so cl^ notice, or llaving been ~eqoired to remove the 1
same, or any other goods, materials, matters, pr things, or any other cortcbes, carts, waggons, drays, wheelbarrows& handbarrows, sledges, trucks, or other carriages, from off the said knrringe-ways, or foot- nays, or ally of tl~cen, ssball cause or the same, or any of

-v. , Fresh notice not

l~crcin pro-

or tliings; nacl the	,
the owners of the '

goods, materials, matters, or carts, waggons,

drays, wheelbarrows,	or otlicr car-
liages, which shall	master or em-
Ployer of the	and liable to

same and punish-

or refused to

relnove the said goods, mnterialls, matters, br otlier things, or

coaches, carts, waggons, dray% wheclbarso~vs, l$~ndb.urot~s, sledges,

trllcks, or other cariinges, when required to 40 80 ui1der and by. , . L.

yirt~~e of this Ordinance; and altllougll the said t$t,ices or requisitions b l l have been again gimn or repeated to the pi$snns committing or Qrecting, or permitting 8 ~ ~ 1 1 offences, or any of t ~ w m nnytlling in 'his Ordinance to the contrary tllereof, in anyvitv, notwithstttnding.

~ X X I V. Provided

: h a 2 ~egu~a6iof is. SXXIV. Provided alw and be it further Enacted, That

- ' Not to prevent awn-

i,wn mor.rh nothing in this Ordinance tailled shall be deemed to prevent

.front of &op. ally person from placing, ning or verandah in front of his

shop or house: Provided, that such awning or verandah be

at least seven feet above t t of the foot-way in front of such house or shop, and that the osts be placed close up to the curb

stone, or outer edge of such f ot-way. * .

~ a t ~ ~ m ~ r s i n g XYXV. And be it S

f j ~ - E F l U l, &d Enacted, That m y person who shall

discharge any ut any lawful cause, or let off any

fireworks in place, shall, on conviction, for-

feit and pay a	Rve Pounds, nor less than Five
Shillings.

nurningshaoinp, t c. , XSSVI. Aid be it furth * Enacted, That it shall not be IawfuF

in the strata, pm- . {

hibitcd. for any person to bun; any s avings, or other things, in on). street or public place: Bld ally pe -on so offending shall, on conviction, f forfeit and pay for every suc offence, a sum not exceeding Forty,

nor less tlmn Five Shillings. 'f t *

nntbing prohihitcd	SSXVIX. Aid be it fur	Ei~actcd,	That it shall not be 1n.r~fhL	r
within curtain limits.

for i~ l ly pcrsoii to bathe nea or within vicm of any puMic wharf, 1 '

quay, bridge, street, road,	her place of pul~lic	resort, between	;
+ a

S the 110~l.s of six o'clock in ornillg, and eight in the evening; .f:

and luny p.xson who shall against this regulation, shall, on.

conviction before, or in vic	ustice of the Pace, forfeit and
pay a sum not exceeding

p ~ ~ d t y on indemt XXSVTII. And be it rer Enacted, That any individual whc~ )

cxpoaure of the per-

WII*

shall offend agiinst

street or public

before any two

offeuce, a	sum
of such

unc calendar

month.

X S S I S. And be it f i~r t l lg Bmcied, That it ailall not be l a r k

, so	firjna	nnts
wander for any person whomsoever suffer any kind of swine, or goats,

U about the otroets.

belonging to him, or under h charge, to stray or go about, or to .

be tethered or depastured in any street w public place, and m y person who shnll so offelrd, shall, on .conviction, forfeit and pay

for every such offence, asum 1 ot exceeding Forty Shillings.

IIoptyea and nui- I

XL. And be it in case any privy, h o p 5

,	snnccs not romorcd
nn complaint, , atye, or any other or times hereafter, be, or '

becomr,

!

f

become a nuisance to any of the inhabitant&, i t shall be lard'ul for .&d	i
any two Justices of the Peace, upon co&laint thereof to them
made by any such inhabitants, and after d4e investigation of such
-complaint, by notice in writing, to order that every, or any, such
privy, hog-stye, or other matter or thing, b ibg a nuisance, shall be

remedied and removed within seven days; after such notice shall < L

,

have been given to the owner or occupier ~f the premises wherein

such nuisance shall exist, or shall have bee$ left for such owner or *

occupier at his or her last or usual place rof abode, or on the said -

premises; and every such occupier neglectihg to remedy or remove

such nuisance, ursuant to such notice, afid tp the satisfaction of ,

mch Justices, S rill forfeit and pay, on cdviction before the said K

Justices, the sum of Ten Pounds for every such neglect and dis- , obedience; and also it may be lawful for &ch Justice to indict, or

-

cause to be indicted, for such nuisance, su$h persons so neglecting

or disobeying any such notice, at the then nest Court of General

Sessions of the Peace to be held for the Pitmince, ox for or nearest

to the Town or District; and such yer+ns being found guilty l#

.thereof, such nuisances ~11all be removed, gaken. down, and abated, according to Lam, wit11 regard to public or$oinmon nuisances; and the person so offending shall be subject to ' uch punishment for the midemeanor as the Justices assembled at su W General Sessions shall direct, 1 8

XLI. And be it further Enacted, That iny owner or occupier of "bp'nt-mm

..

any house or place who shall neglect to ?keep dean all private avenues, passages, yards, and ways, within t@e said premises, so as, by such neglect to cause a, nuisance by offe6ive smell, or otlienvise,

shall, on conviction before any two Jnsticbs of the Peace, forfeit

and pay a sum not exccecling Forty nor less than Ten

Shillings, for cvcry such offence.

XLII. And bc it furtllcr Enacted, That, r preserving. cleanliness ~ e a n ~ t t b u ~ ~ aharnblss md &qh-

,

and the health of the inhal$tant~, it shall b lawful for any Justice, onses. a

appointed under this Ordinance, and for c ly Police Constable or

other person authorized and dcputed b f

of any such Justice, from time to ti

he shall sec ocrhsioa, to visit and ins	..
and slaug11tcl.-houses, and to give suc

'cleansing the said shambles and slnogh	a
\vithout, as to him shall seem necclfd; omer or occupier of any aucl* shrtmb
shall obstruct or molest any such Justic

t ~pcction thereof, or who shall refuse OX n # ,

directions within a reasonable time,' sh I S

* ' .

E

Q d

~ Z B ~ Y U & ~ & *	such Justice, or on a convfction on the complaint of any auch con-
stable, forfeit and pay a sqm not exceeding Two Pounds nor leas

.	than Ten Shillings.	r,; b:
't

~ t a s e i a g 6 1. w	XLIII. And be it fui'ther Enacted, That if any person shall haul or draw, or cause to be hauled or drawn, upon any part of the streets or public places any timber, stone, or other thing, otherwise than upon wheeled carriages, or shall suffer any timber, stone, or other thing, which shall pe carried principally, or in part, upon wheeled carriages, to drag~or trail upon any part of such street or public place, to the injury 'thereof; or to hang over any part of any
timber, &a
such carriage, so as to o<cuyy or obstruct the street beyond the
breadth df :he said carriage, <$ery such person so offendhg shall, .on conviction, forfeit and pay for every such offence the sum of
Forty $11illings, owr and qbore the damages occasioned thereby. 5

Entrances to cellars, XLIV. And be it furthhr Enacted, That if the owner or occupier

wal-holes, &C., to be	of any house, building, or bremises, having any iron or wooden rails
covered end mured.
and constantly keep tlic
the same over with a
tnre of the case, and and repassing; or if

or tal~ing

sonable times as the flap,>rap-door, or covcring thereof, shall be altering, repairing, or amdpding); or if such owner or occupier shall not repair, and frog: time to time kcep in qood and sub- stantial repair, to the satisfaction of the Police Blnglstrate, all and every, or any such iron or ~qooden rails, guard-rails, flaps, trapdoors, and other covering, then, a@d in every such case, the persons neg- lecting so to do, for evely ~ u c h offence, on conviction before, or in view of, any Justice of the, Peace, shall. forfeit and pay any sum

not being less than/ Forty Shillings nor more than Five Pounds. P.

A

t

19	j:	.
$	>.

or bewath the surface of the foot-way of any street or public place, & d ~ & t G

and if m y person shall offend in the premises he hall, on con-

*	viction before any Justice of the Peace ;forfeit and pay the suxh of Five Pounds over and above the expens& of remedying or removing
Bny such cellar, opening, door, or window, made contrary to the
provisions hereof, such expense to be assped and allowed by such
Justice.. i -.

\$

XLVI. And be it further Enacted, ~ & t every person who shall wt1b t~ IM WWMI

have a well situated between his dwellikig-house, or the appurte- :htbythirrthirr nances thereof, and any street or foobdy or at the side thereof, ,'

. -	or in any prcl or place, open and exposkd to such street or foot- may, shall, within the space of one calendbr month from and after the commewcment of this Ordinance cause such weell to be securely and permanently covcrcd over or ot1;leri;tise secured; and if any person having sucl~ well as aforesaid, shad fail to cover or secure the same, as hereby requird and directed,;every such person shall, upon conviction, for erery such offence, 'ifolfeit and pay the sum of Two Shillings and Sixpence for every ;day that such well $hall pdtp,
'remain open or uncovered contraiy tq; the provisions of this
Ordinance. it L

XLVII. And be it further Enacted, ~ h & if any person shall dig E o l m m a d e f o r n ~

or make, or cause to be dug or made, any hole, or leave, or cause &a, to be endmed.

to be left, any hole before any vacent grouiicl, or before, or behind,

or on the side of any house, or other teneiiknt or building, erected,

or being erected, or about to be erected irii. ond adjoining to, any

street or public place, formed, or to be formed, or forming for the	,.
purpose of making any vault, or the foundati~n to such house or other buildings, or for any other purpose whatsoever, and shall not forth-

faction of thc Pvlice IIiyistrate, or shall! keep up, or cause to with enclose the some in n good and suffici6nt manner, to the satis- kept 11p nncl continncd, any S U C ~ enclosrae for any time which

slinll 1)c lonjyr tllm sI1n11 bc ~1~~01utcly nec6ksnry in the opinion of

the said Pollcc hlitgirtmtc, or shitll not, wh& tlrerennto rcqoircd by

the said Policc hXngistmte, wcU and sufficie~~tly fence ox enclose any

such hole, or area, or space, opened or left open, and intended for an ..

area, foundation, or for any other purpose vhatsoever in the front

. ,

of, or behind, or on the side of any such vacant ground, house, or other tenement or building, in and adjoining! to any suc11 street or public place formed, or to be formed, or forming, twenty-four hours

he or they shall be required to do so iby the said Police Ma-

&rate, and in the manner, and with suehi; materials, as he shall

. &reet, and to his satisfaction, and shall not pJace a light upon the

~ @ w u T ~, and keep the same constantly\ b e i n g from m w t

to

G

'	f A I E u ~ & 9 ~ t ~ *	to sunhrise, during the co$tinusnce of such enclosxke; then, every
person so offending shall forfeit and pay for every- such offence and for every such refusal or &glect, any sum not being less than Forty Shillings nor exceeding five Pounds. 4 7

a?

~ n ~ ~ * * ~ l o w ~

tb drop from emea of XLVIII. And be it f&ther Enacted, That, if at any time after Ordinance, any house or bbilding shall not be provided with gutters, or otherwise so construct& as to prevent rain from dropping from

U W the expiration of twelve ~ 0 1 1 t h ~ from the commencement of this

the eaves thereof, upon ady part of the footeways of any atreet, or

public place, the owner or$occupier of such house or building, slmll,

Penalty. on,conviction, forfeit and .pay the aum of Five Shillings, and a like sum for every day that thesame may not be prevented ok remedied

- by gutters or otherwise. $ 2'

Slop* night-mil, QC., XLIX. And be it furtl&r Enacted, That if any person shall diive

to h conveyed away

only et how& or cause to be driven any art or other carriage with any night-soil or alnn~oniacitl liquor thdrein through or in any of the streets or public places between the hours of five o'clock in the morning, and ten o'clock at night, or &h11 fill any cart or other carriage so as to turn over or cast any night-soil, ammoniacal liquor, slop, mire, or channel dirt or filth, in or Lipon any of the said streets, or other public places, it shall and may lip lamf'd for any person whomsoever to seize and apprehend, and to assist in seizing and apprehending, the offender, and by the autho$ty of this Ordinance, and without any other authority or wasra~i+, to convey him before any Justice of the Pcace; ancl such Justiee is hereby authorized and required to hear evidence, and deteim$ne upon such offence; and every such person so offending shall, for such offence, forfeit and &y the

Penalty 66. .	sum of Five Pounds: ~;bvided	always, that in case the person
Proviso.

so offending cannot be qqkehended, then the owner of such cart or carriage, in which such ni@itaoil, or ammoniacal liquor, slop, filth,

Inwbat-o-to	mire, or channel dirt, drallibe put or placed, and also the employer
be hble.	of the person so offending' S be liable to and forfeit and pay
such penalty as aforesaid. t t'

b " O f ~ m ~ r i o s .

night..mil, h. L. And be it further ~x&cted, That if any person shall empty any privy, or take away anj night-soil from any house or premises within the streets or aub1ic:'nlaces. or shall come with carts or car- riages for that puTpos'e, kxc&t between the hours of ten at night and five in the morning; or if any person s h d put in or cast. out of any cart, or tub, or othepvise any nightweoil, in or near my of the streets or public places, i t shall be lawful for any Justice of the

h d unnmittcd 0 tbr Peace to commit every such offender, upon conviction to the Houw

of Correction or Common Gal, for any time not exceeding thirty

4

.. . . daye,

6 ' I

k

l days, to be computed from the day of comn$ment; and the owner	figuhdm*
of any carts, carriages, horses, or beasts e#ployed in and about
emptying and ren~oving such night-soil, or aming for that purpose
(save and except within the hours herebi allowed) or the em-

.

+	ployer of any person who shall so put or cast but any such night-soil,
shall forfeit and pay the sum of Five Pounds~for every such offence. 1%

p

convicted of wantonly or maliciously .breaking or injuring any gurdJno 1-pa LI. And be it further Enacted, That any person who shall be f n i u r i p 8 0 ~ ~ *

lamp or lamppost, or extinguishing any la@p set up for public

convenience, shall, over and above the neces&rS expense of 'epair-

whom such offender shall be brought, forfe$ and pay, upon con- ing the injury committed, to be estimated by the Justice before

viction for every such offence any sum not bss than One Pound'	c	!
nor exceeding Five Pounds.	);
tn'

+

U

LII. And be it further Enacted, That it shkll not be lawful for ~; ~ h, ~ m t; ~ ~

any person to throw or cause to be thrown, [any dead iiiiiaal, or public or

any part tlweof, into any street, lane, r o d, & other public place,	,
or into any river, creek, or other stream whi& shall flow through, by, or along, any such street, lane, road, or otlfer place, or to leave
or cause the same to be left upon the short% thereof; and any .
parson who aholl be guilty thereof, shall, on c h c t i o n, forfeit and pay any sum not exceeding Oue Pound $or less thm Five

Shillings.	,	P	4
,y
?.

LIII. And be it fr~rtller Enacted, That any person who slra11 g o t d, p n l, i~, to bo ~ r n o ~ e d from

form, dig, or open any drain or sewer, or reniove, or cause to be .ty.t"rifioutpn

4~ernoveil, any turf, clay, sand, soil, g 3 ~ 1, stoik, or otlicr material m m *

-

lised in the forn~nt,ioo of the strects, in or from a n y ! & % of the carriage

or foot-ways, without l e n ~ e first had and obtaiitcd from the Police

htgistratc, or who s l d l wantonly break up o~+"otlmwiso damage

. the said carriage or foot-w:~ys, shrill, on ronvicthn, forfeit and pny

for every such offclwe any sum nut escccdin# Fivc Potulds nor

less than One l~ouizil.

.

Ox to go a distance

;from vehicle;

Or drive on the

wmng side ;

such street

Or wilfully interrupt

the free passage of	or public
any earnage or per-	or interrupt the free
eon ;	upon the same, or person so offencling shall,
on conviction, such offmce any sum not .
less than Ten nor exceeding Shillings. :

t B

1Le to riding or P

driving impmper~y LV. And be it further Ena$ecl, That any person who shdl ride. r

, thmugh the otreek

or diive through any street c$i- public place so negligently, care- lessly, o r furiously, that the saf~@y of any other person might thereby

be endangered, shall, on coilvi@on, forfeit and pay a sum not ex-	!
cecrling Ten Pounds nor less t6an Two Porinds.	,

$ t

Afi3xing placards an LVI. And be it further ~n&ted, That it shall not be lan~ful for

md o*lbng +

thereon.	any person to paste, or other\$se affix any placard or other paper
upon any wall, house, or buildGg, by chalk, or paint, or in any otlwr
manner; and any person who 511d hbe guilty of any such offence, f
shall, upon the complaint he owner or occupier of any such

t

wall, house, or building, and pay, on conviction, the sum of F

I

Ten Shillings, J 1

Limits of the T o m P

and &biOb LVII. And be it further Xnpted, That the Surveyor-General of

out.	South Australia, or any other person deputed by him, may at all
times set out and mark wit1 f sufficient marks the limits of miy

.	Towns and Districts, respccti~cly, subject to the ayprom1 of the Governor; and ncitller thc sa$ borvcyor-Gencsl, nor any of his
',	assistants, nor any pcrsoii

\	decmed to commit any
any iudividunl, in order
at any tine after the and any person
who slid1 wilfully pill any of the

I said marks, shall, on

Pounds for the firsC

second offence, and

-.

every subsequent

LVIIL And

R ~ l a l i m * ,

LVIII. And' be it further Enacted. ti at the said Surveyor- Carnage and fot-

General, or my person	deputed by him, shall, set out, as far as may wept fo h wt out.	-
be mac ticable. within	twelve months afte4, the conmencement of

thii~rdinance, or in case of unavoidable as soon thereafter \

as can or may be necessary to be done, the l@cadth of the c a r r i a ~

and foot-ways in the streets and public pla+s, within each of the

said Towvns or Districts, respectively, and shg1 cause the said foot- ways to be marlied off by posts at, the cornets and intersections of the street or wherever the same may be nccbssnry for clefiniilg the foot-i~np; and the carriage and foot-ways, hvhen so set out, slzall be deemed to be the cnrtiage and foot-ways kitldn the meaning of this Ordinance; and the sad foot-ways shale in 'all cases be taken Breadth ofthe fmt- ways to be measured

and ineasured f m the cuhstone or exterioi edge thereof, as laid fw,

down by the said Surveyor General, or udy, person deputed by ;~~;~;$~t;~$:,

him, without reference being in any maliner j ~ a d to the breadth of fereocc to the brcarith

the carriage-way adjoiningtllereto or any x$?rts thereof; Provided ~u~;,"~~~';+J--	always, that before the said Snrvcyor-GcneSnl, or any person dt.- lay before the GWQP
puted by him as aforesaid shall set out thti foot-way in any street :T$&
or part of n street, or public place, after tl~efcoinmencemenb of this o r r i n r a d foot-
Ordinance, he shall lay before the Governor Qnd Xxecutive Council wayr.
a plan of the same, - setting forth the prbposed breadth of the carriage and foot-ways; mid thereupon it shall and may be lawful
for the said Governor and Conncil, by noticein the South Australian
Govcumnmt Gazette, to fix ancl declare the (t'istauce fro'm the curb-
stone or exterior edge of the said foot-wy,s$in any such street, or -
part of a street, or public place. 4

A?

LIX. And be it further Enacted, Thnt b soon as the foob R ~ l a t i f i g t b ~ dip

tnnm fwm tho foot- -

way of any strcct, p;wt of n street, or public$ place, s i d l be fixed ,,	.	I	which h,,*-
and declared by the Governor ilwl Eseclltii.e Council as hcrcin- ohaUa

beforc nlcntionnl, no ho~ar, shop, or o thcr b l~ l ld iy shall bc crrctcd,

or nllowc(l to projcct or c~~clronch iu ~ 1 1 ~ ' wt l ' iu tlm distnnrc

from tlro c ~ ~ r b ~ s ~ m c or cstrvior rdgr of foot-why fisctl 111111

(ledarecl as afomsnid, nor almll any housc,khp or otlicr building

rvhich is now erectcd, within the distance to $e fixed and declared

8s aforesaid, from the curb-stone or exterior $dge of the said foot-

lvay, be rebuilt in the whole, or in any part, &or fihall any addition	- -
or alteration be mde to the same, except ii! conformity with the prorisiona hereof: And any person who shall erect or rebuild any such house, shop, or other building,' ini whole or in any part, or make any addition or alteration to the sam, except according to the provisions hereof, shall forfeit and pay pr every such offence the sum of Twenty Pounds; and if the said! house, shop, or other P
building, or any addition or projection, eht$ not be removed or abated within one month after notice sl~all b& servecl to that effect

.

R ~ Y A ~ M.	by the Police Mnigstrate, 04 the proprietor or occupier tbereof, o r
every day the same shall reihain contraiy to the provisions of this
left at his usual place of abdde, the further sum of One Pound for. + . Pence, the said Police Biagstrate being one of them, to grant a warrant, to cause the said lyuse, shop, or other buildings, and all additions and alterations theteto, so far as the same may be contraly to the provisioiis of this Q-dinance, tq be taken down, and the" materials thereof to be sold.; and thereout to pay the charges of taking down the same, and &e surplus, if any, shall be paid to the.
owner of such materials. fi

c i

to be given LX. And be it further $acted, That after the domrnencement

tho Police Ala ietrnte

of intention totuild. of this ordinance, no persoh whatsoever shall begin to erect any I

house, shop, or other buildiG abutting on any street without first l

., t

serving notice in writing op the said Police Magistrate, on any	;-
lawful day between the houks of eleven and three o'clock, stating such intention and describine the proposed situation of the build- ing; and the said Police Jlakistrate is hereby required and directed within three days after the kceipt of such notice, to furnish such

,	person with a paper, signed Ijy the said Police Nagistrate, specify-.	f	i
ing the provrsians of this OriGnance, so far ss the same may relate to the erection of such shop,~lrouse, or other building; and if any
I
person shall bcgin to erect $he ssame, without having first served	,
such notice and received sucl papef, he slmll forfeit and pny a sun1	i

not exceeding Five Pomlds; ~ n d 4 if the lid Police Blngistrate shall.

refuse or neglect to furnish guch written payer within three days	1
after the receipt of such noti, he shall, on conviction, forfeit and	; I

pay the sum of Five &ss reasonable cause be shown. i l

> S

Open vRma ltep LXI, And bc it f u r t l ~ r That every owner or occupie*-

ndjoinin tho fwt- f

warn c L m l w d	of my house, building,	having an entrance, area,	*
under penalty.	garden, or other	the foot-way, of any street

l or public placc, the curb-stme or exteriar

rd$ of such foot-way, s l d l \wotect and goad the snmc by good and sufficient rails, fcnccs, Qr other cnclosurcs, so ns to prevent r

I

danger to persons passing add repassing; and flwther,. that evcry

such owner or occupier of such house, building, or other prc- E

mises, having any steps acIj+ning any foot-way of nny stwct or f

public placc, sl~all in like mabner protect and gunid the mme by ' I

rails or other enclosures, so astto prevent tllc likc danger to pcrsons

passing and repassine; and i d failure tliereof, wery such owner or, Ir

I.	occupier shall, as often: as l& shall be convicted of such offknce,	t,
either before or in view of hny Justice of the Peace, forfeit and l f	il
pay any sum. not being lesa$mn Forty Shillings nor more than	d

Five Pounds. LXII. And ..

1

I	E	I
i '
P,
d Tt
*.
h
L

1

IXII. And bc it ftirtl~cr i~nnctctl, 'lldt notliing in this Ordinance Locd R e ~ z l t i u n s. .

contaiucd s l d l be demncd to iiiterfere Fit11 tlrc powarsr rested in Not to intcrferc will\ pnwcrs furmcrlg vsr- 8

any surveyor by the provisions of nno other Ordillailcc now or tea io sutvcyorh

hereafter to be in force within thc said l$-wince. 4

LXIII. Ancl be it fi~rthcr l%lmctrd, That it shall and may be Police M y i a n t a Inay &X name of

lawful for any person nppointcd by thc Goveinor, at any time &,t,	rc, any
after the coinincnccnlent of this Orclinan&, to mark upon the walls boklw*

of my I~OIISC, the imnc of tlw strect or -pQcc in which it is situated,

or such other notice, ns it may be cod$~cive to the public con-	m
vciiicnce to affix, either by painting or~.colouring the same upon
tllc walls, or by affixing a board theretqi upon which such notice
may bc pniutcd; and also fro111 time to t h e, to allot a number to
cacli housc, in every strect or public .$ace, wlxich number the
occupier of rvery such house is Iiercby rcqnircd to paint or affix,
or cause to be painted or affixed, in legible characters upon the
door of his housc, within fourteen dq-&after mitten notice from
the said pcrson so to be appointed by tlik Goveimor, to that effect

left at his said house; and every person$refusing or neglecting to	.
paint or affix such iluinber after such n o ~ c e as aforesaid, sliall, on conviction, forfeit and pay the sum of ' L ' h Shillings, and the like

sum for every ~veek during the c o n t ~ ~ i ~ c c of such refusal or	7:
neglect.	..
4
I.

LXIV. And for glratcr reguldrity a i d coonvenicnce, be it fur- f * @ ? ' P ; $ : " , ;

ther Enacted, That it sliall and rimy be lnwful for any person ap-

pointed by the Governor, as soon as the foot-ways shall have been

set out arid marked in mamer hcrei1zbefar.e ilirested, to cause the

same to be levelled and made, as ncarly aia; inay be practicable, of	-
an equal height and breadth, and with an.njrqua1 slope and inclinn- tion; and for this purpose to relnove 9nd abate any flngging,

steps, or any othcr thing that i m y injurc Qr obstlmct the said foot- Police 31agistrat6

way or rmdcr it ui~cqual or inconvcnic~ii, and which now is, or ubgruc.

hereafter may bc, ercctecl or placed on	space markcd out for t l o ~
all J of the mid foot-ways.

9

LSV. And ba it furtllcr Nw~ctcd, iliatiif m y pcrson, nftm tlw ~ $ ~ ? $ ' $; P ~ ~ ~ ~ ~

mid foot-ways slid1 bc so sct out ns nforcsi$d, slroll be desirous of ofintootion topre

flaggity, paving, griwclling, or pntting b c~urbstonc to the. foot- fm"-wvk

way m front of his hoasc, cvcry fiucll ljcrsoi~ slmll, before such

work be bcgun, givc notice in writing to the Policc Mngistrate, nt *-.

Ilk office, bctwecn the hours of d e v ~ n in thi? forenoon ancl three h1

th afternoon of any da (except ns of such his.

iutention, and the said hagis tr te is within three

after receipt of ad1 iiotico to person with

U written

<

written directions as to tdc lcngth, breadth, height, slope, m d incli-

nation of 61ich foot-n7~y$ and if any person shall commence any 8u

such work without ginng the notice herein directed, or shall refuse	P E
or ncglcct to conform to the directions of the Police Magistrate,
crcry such pcrson shall fdrfeit and pay any sum not less than Bve	id
Pounds nor more than @ell Pounds; and it shall be lawful for	do
any two or more Justice$ of the Peace, the said Police RIagistrate being one of them, to orc@r the removal of all work which may be

so executed contrmy to s ~ c h directions. MC

X

$ PC1

Obetn~cting rmrvey- LXVI: And be it fuqher Enacted, That if any pcrson shall, at tio

orcl, b., in perform- any tiiuc hereafter, in &py manner whatsoever, wilfully obstruct, . cit:

ance of duty. c

liinrlcr, or molest any peson having the control of the streets or	im
public places, or any suu.l+eyor, officer, or person whomsoevcr, who	G6
shall be appointed, empl+ecl, or authorized to put into execution
this Ordinance, in the performance or esecution of his duty, then

.

cvery pcrsou so offench&hall, on conviction, for the first offence, j J

forfeit and pay the sum of Five Pounds, and for the second offence	mn
a sum not exceeding Teli, Pounds, and for the third or any sub-	the

sequent offence a sum not cscceciing Twenty Pounds.	3	bc f
oat

. LXVII. And be it fuikher Enactcd, That cvery person shall be '

Prohibition of nui-

emccs by persons in

linble to a penalty of noti~nore than Forty Shillings, who shall, in 4 1

the thoroughfmr.

any thoroughfare or public .! place, commit any of the following, wit

offences (that is to say) :+	din
1. Every person who d a l l suffer to be at large any unmuzzlcd ferocious dog, or set on	tlic

urge any dog to attack, vorry, or put a trnt

in fear any person, horse,;oor other animal: R ~ X

2. Eveiy-l)erson who, negligence or ill-usage in driving cattle, ' ~ucl

be done by such cattle, or who shall in ' Ord

./shall cause any mischief

anywise misbehave in the drivinq, carc, or management of [ not

such cattle, and also ever$ person not bang hired or emploj-cc1 to by c

drivc snch cnttlc, who sha!l wnntonly aid mllawfully pelt, clrive, or L wit1

hunt any mc11 cnttle: f 1 an i

3. Every prrson who, ~+itllont the conscnt of ilic OJI-ncr or occu- L Pro

picr, shall wilfully break, dcstroy, or clamnge any part of m y j to a

.	building, wall, fence, or imle, or any fixture or appci~dage tlierc	in t
unto, or any tree, shrub, OF sent in any public walk, park, or garden:	mon

4. Every person who slpll sell, or distribute, or offer for sale or t rat(

clistribution, or, exhibit to ii,ublic view any profane, indcccnt, or ob . h? 14

scene book, paper, print,:: drawing, paintiig, or repmntation, or :	bcfo
h f o

sing any pofane, i ~ ~ ~ c c ~ i t, or obscene 60ng or ballad, or write or t cver

-.	draw any indecent or 'obscene word, figure, or representation, or ?
use any profane, indecent, or obscene language, to the annoyance : cond
of the idmbitants or paisengers: ?

i i

. 5, Esery 1

5. Eveiy person who shall use any threat&niiing, nhusi~e, or in- loMJ RguLtim.

sulting words or behaviour, with intent to prot'olre rt breach of the

peace, or whereby a breach of the peace may b&occasioned:

6. Every person who shall wilfully and \$mtonly disturb any

inhabitant, by pulling or ringing any door-bell# or knocking at any

door, without any lawful excuse. g L

LXVIII. And be i t further Enacted, ~ h & for every misde- ?,"&+;Eh;

meanonor or other offence against this Ordinance f6r which no special i. app*bd.

penalty is hereinbefore appointed, the offeuder $hall, at the discre-

tion of the Jlngistmte before whom the convicti~n shall take place, .

either be liable to a penalty of not mow a than %Five Pounds or be imprisoned for any time not more than one cale$dar month, in any Gaol or House of Correction within the juriscl[ction of such Ma-

gistrate.	9 t.	4
2

LXIX. And be it further Enacted, That ever$ Police IUagistrate Proceadingg.

may, without issuing any summons, forthwith i she his warrant for ~ ~ ~ ~ ~ ~ ~ e d

thc apprehension of any person charged with m)?, offen'ce cognizable without ~ummons.

before him, whenever good grounds for so doing &dl be stated on

oath before him. l; : :

LXX. And be it furtlici* Enacted, That all offences committed ~ m c d i n on infop

within the limits of the Police, rdiicli, under tliifi or any other Or- traba,	mation berm Nagis-
tlinance, are punishable on summary conviction bcfore Justices of
the Peace, may be heard and deteimincd by any of the said 3Iagis-
trntcs sitti~lg at onc of the Police Courts, in n s u ~ e a r y way, within ~ i x calclldar months at the farthest next after thc coilin~ission of alch offence, or within such shorter time as shall be limited by the	Ordinance spccifyinji tlic offnlcc, mid not aftcrwinrds, wlvllctlm or	not ally inforll~ntio~l in writing slid1 liase bccn ciliibitcil or takcn
by or bcforc sucli.BIagistmtc; nnd nll so cl^ l~rorcct$ngs by sulamons Wloot infc~n~mtiol~ in writin~, sllnll 1)c tm rnlill i11k1 (I(li%~t~ial 41s if m iuformation in writing 11;ui briw first csld)itc(t in t h t brhitlf: '
hovided nlwoys, that n mtc or i ~ ~ c ~ ~ w r a n d o ~ n in &$ing, Rccordil~g

(0 R form to iw: approved by thc Govrmor, d d l b&, inndc nud licpt *

in the Court, of tllc substance of cwry charge foi ~ d ~ i c l l o si~in-

1"Om or warrant sliidl be issucd: Proriclcd nlso, :that tlir Alngis- trilt~, if he shall think fit, inny requirc ail iioforilmtibn in writing to be laid in every case in which it slid1 sccm to hiin tp be expedient, l~cfore the matter of thc complaint or clmgr? slpll be brought

b&-e him; and the magistrate shall cxnlnine i u ~ 3 the matter of -

' ' ' v " ~ complaint or clmgo brought bofore him, a$ if, upon the

collkssiul~ of the party accuscd, or on the oath of buy one or xmre '

'vitllcascs, the party accused shdl be convicted of having commit-

'. 1 td

I

Prwecdinp. terl the , offencc charged 1 or conq~lained of, the party so convicted . ' L

shall p;ry such pcildtfi to the Mngistmte shall seem fit, not , 1

more than the gmate t pcnalty made payable in respect of such l

offencc, together with	he costs of conviction, to be ascertained ,by	I
such Magistyate.	i

Power to deliver

things from broken.

&

C

cxchmgcd, and 1

hfagistratcs, are in the possession of any C

broker, dealer in second-lmnd pro- 2;

advanced money upon the p

such Xagistrate to issue :

of such broker or dealer, 6

order such goods to be C

any lxq-mcnt, or P

. 21

upon pnynlent of suclj sum and at such time as the 3hgistrate

dlall think fit; and m;wy brolrcr or cienler who, being so ordered, i~

5

shall refuse or neglect to tlcliwr up the goods, or who shnll dispose I

of or make away with dlc some, after notice that such goods wore 5 i I

stolen or unlawfi~lly ol$taineil as aforesaid, s l d l forfeit to the owner b

of the goods the f d l iw thereof, to be determined by the Xagis- j 6

trntc: Provided that no such order &nU bar any such j '81

brolicr or clcnler from rbcovering possessio~~ of such goods by suit b

or action-at-law, from ~vllosc .possession they may h

mme bp virtue of the nldcr, so tlmt such action bc 1 s f

comrncnced within six	months next after 13~11	order shnll	i
bc inacle.	I
i 51

Powcrtodalivc~otl~er EQCII. Andbcitfi<rtllcrEtmcted, Tlratif nnygoodsormoncy nr

goods.

cl~arp~d to be stolen, (;r frautlulcntly obtniocd, sliall be in the or in prosrcntion of any klmrgc of felony or mialcrnemor, in rcgml 3

S	custody of any C'onstn$lc by virtue of m y warrant of n Justice,
to tlo ob tnining t,lrnrcnf$,~~,n(i the pcrson cllnrgrd with s tc n l' 111;: or h1
obtaining ~,osscssion as :l;iorrsnicl, dial1 not bc f j m ~ d, or slmnll l w c

fo

Lcal smrmarily convict@ or disclmrgcd, or sl~all llnvc been tricd t

mld ncquittcd, or if sucb person shnll have been tried and foimd

guilty, bot the property $0 in custody &all not haw bccn inclded ~j

in nnv inldictme~xt upon $ ~ l ~ i c l l he shall hare been found guilty, it !

slmall b o lawful for ally JIagistratc to mnla m order for the drlirery P	thl
of such goads or 1non4 to the p t y who sliall nppenr to be the 1

\ riglltfd owncr tllcreof, ok in case the owlier cannot bc nsccrtahcd, ; cm

tllcn to lxalw such ordcr~~vitli rcspcct to such goods or rnoncy, a 4 a '

to rwh Magistrate s11dl scorn meet: Provided lrlw8:ysg that nn i	r
k' such 5
S.

' '. ' *I ' ~ d i. 4 I U d.& r r *eh. **km.-*% ,iQwYaw&n*' *.&&, e.B*-ri@"&

, .

I.

~ ~ ~ ~ . n e r ~ ~ ~

*

!!

h

;'E	2
j	B
.L

29	h	. !
i.
i,

such order shall be any bar to the right o$ any person to me the

. party to whom such goods or moncy shall: be delivered, and to recover such goods or money from him, by ;action-at-law, so that such action shall be comnlenced within six calendar months next

'W

after such order shall be made.

5

LXXIII. And be it further Enacted, ~h;;' it ihall be lawful for P 0 w ~ ' ~ ~ m ~.

any Police Magistrate, who shall hear rrnd determine any charge

or complaint, mlletlier or not a warrant or sun~mons shall have been issued in consequence of such charge or compjaint, to mvard such

costs as to llini shall secnl mect, to bc paid to; or by &her of the i

parties to thc said chargc or 'conlplaint.	2:
-+
5-

LXXIV. Alld wl~ereas infonnetions are oftm laid for the mere $z2zolu

&C of gain, or by partics not truly aggrieved, and the offences

cl~ztrged in such inforinations are not further prosecuted, or it ap- ,

~1cars11pon prosecution that there was no spfficient ground for

nlaliing the charge: Be it Enacted, That in every cnse i11 which any

information or complaint of any offence shall be laid or made before i~

any of the said Jhgistrates, and shall not bc fdrther yrosccntcd, or in which, if f'urtlm- prosecuted, it shall oppeai to the Magistrate by ~vliom the cnse shall be heard that thew ~msbo sufficient ground for making the charge, tlie M'agistmte sli& haj-e power to award	l	,
such amends, not more than the sum of Five: Pounds, to be paid by the infoimer to the party informed or complained against, for

his loss of time and expenses in the matter, Is to the Magistrate'	t	."
shall seem fit.	4
t

LXXV. And be it furthcr Emctcd, Tllat ih cnsc any person Penalty for mm-

rhnll lodge ally information before any of the s "id Alagistmtcs, for tiom pounding i n f o r m -

nny offence alleged to have becn committed, b~~whic l l hc was not 9

I~crronally nggricvcd, mid sll;~ll oftcnvnrds di&tly or indirectly

rccrirc, without the pcmission of onc of tllc s4d IUsfiistl-atcs, ouy

PIlm of money or otller re~vard for compounding$ clelnymg: or with-

drn\\.iog, thc information, it shall bc lawful foi* any onc of tlic said

IIqistrates to issuc his warrant or summons as be may deem best,

for bringing before him thc party charged with tlie offence of such L

'Onlpounding, dclav, or wvith~lra~val ; and if such? offence be proved

the confession 'of the party, or by the oat$ of any credible

lvitness, such informer shall be liable to a penalty of not more

f h n Ten Pounds.

any other Ordinancc in$ force within this Province, the amount or 4

proceeds thereof shall to a general fund to be clistributecl at the l

end of every year amo& the officers and men belonging to the ,I	I
said Police Force, in suCh proportions and according to such regu-	I

f

lations as the Governor fior the time being shall appoint, direct, and	f
detcmlinc, and in dcfadt of appointing regulations, or clirections j	I
being made, the said fin& shall go to the person entitled to the same. i	I
inrmedintely upon the r&!overy thereof; and no mch Qerson shall	T

by reason of the application of any penalty to the Police Funds be I I

cleemed to be an incon~~dtent witness before any Court or Justice of s

tlic Pence in any proceerJing whatever for any offence against this	:	S
or any otller law in farcC/ in this Province.	1	R

<> C

Ptocecdinga for pc- F a

naltice, aypeala, &c. LXXVIl. And be it hrther Enacted, That all proceedings unclcr this Ordinance, in so fa4 as not otherwise expressly provided, may i s

be had ancl taken, and &l1 summonses to parties and witnesses ancl 2 d

warrants (where necossaFy) for enforcingihe same, may be issoed r

and served, or executed, $espectirely, and all fines imposed, and all	i	I	li
sums of money ordered, to be paid, may be recovered before any !	C
one Justice, allcl shall be:appropriated and applied; and evcry person	' 6

fe$ing aggrieved by t ~ & imposition of any such fine, or by any 11

orrlcr undcr this orciinnhx, sllall be entitled to appeal therefrom in	:	a
+,
mailncr and form, and onjthe terms respectively, which are prescribed by the Law of the Pro\-ince in force for the time being, for rcgu-

lating sumnlclry procccdid~s before Justices of the Peace. E Q

p L 1 V

No rerli4nriq8to jn-

formality in warrant. LXXVIII. And be iZfurther Enacted, That no conviction, ordcr, 1 Q

warrant, or other mattcr badc, or purporting to bc made, by ~ i r t u r t l

of this Ordinance, shall boqonshcd for want of form, or remowcl i i t

by certiornri or otherwisebinto thc Suprenrc Court; and no ~varmnt:	t\
of commitment shall be held void by reason of m y dcfcct thcwis, 5	P

provided that it be there$ alleged thnt the party has been conrictd, I fi

nnci that there be n goo$ or d i d conviction to sustnin the snmc;	F
and where any distress $&all be made for levying any money by	V
F

nor sldl

on account of

t a

A

special

A8 to procccdiap	LXXIX. And f ~ r, t l ~ ~ ~ i * o t c i i	of persons acting in the ex* 1	tb
lrgaiurt peiaorie ucting	th

uu~ar thb ~ r c t i n n n ~ ~. cution of this it Enacted, That all actions and prose- P

cutions '

cutions to be commenced. ~ p b l i t any lmson3for anything done in ~'ursunncc of this Oidinancc shall bc comm ccd within two ca-

Icndar inontlm nftcr thc fiwt was committecl, no t otlicrmise; and Notice of action,

roticc in writing of E U C ~ action, and of tlicmof, slid1 ba

giwn to thc dctcndnnt one ollul~dnr month at t n s t before tlre coni-

inenceincnt of the action; and in any such a~t ion, the defendant Qencmk issua.

may plead the gcnerrtl issue, and give this Ordiliancc, rtncl the special matter in evidence, nt any trial to be had $hereupon; and no plaintiff slid1 rccovcr in any such action, if ;tcndet of sufficient ~~ndsrd .mw&.

amends shall hare been made before such a c t @ ' brought; or if a sufficient sum of nzoncy shall have bccn paid into Court after such nction brought, by, or oa behalf of defcndni6, together with the costs iilcnrred up to that time; ancl if a vcrdct shall pass for thc

defendant, or the plaintiff become nonsuitcd, :or discontimie ouy rf judgment s.

such action after issue joined, or if upon dem'prer, or otherwise, winat	plaintiffa
judgment shall be given against the plaintiff, $he defendant shall

mover his full costs, as bctween nttorncy and client, ancl ha\-e the 2.

like rcmedy for the snmc as any defcildant l& by law in other

cases; and though a verdict shnll be given forithe plaintiff in any

aocli action, such plaintiff shall not haw costs a&inst the defendaut, wless the Judgc bcfore whom the trial sllnll:be shnll certify his

approbation of the action, a d of the verdict obtbincd thereupon.

1''

.

in the Governmellt Gazette, to spc

l

by Proclamation publish

and clexxibe the limits of	ch City, Town, or District, for 1'0
purposes, and to dcclarc	hat provisions of this Ordinance, n
already hereby declared t	,e applicable, shall extend and apply
.such limits; and every z	B Proclamation from time to time to
cancel and alter in like	anner as may seem fitting ; And from
and after every such p1	cation, the provisions specified in su
Procltunation shall appl	and be in force within the limits
proclaimed, ns fully an1	ffectually as if the same were herei

expressly set forth. ,.&*

a L

G. GREY, "3s'

Governor and Commander-in-Chief* -/:	W
%

Passed the Legislative Q :it? this Scve:eltth

day of SeptemA	91	1844.
HALLORA RAN,

Clerk of Council.