Police Act 1855 No 24a (NSW)
No. XXIV.
| All Act to make furtlier Police Regulations for the City Port and Hamlets of Sydney and other Towns and Places in the Colony of New South Wales. [31ŝ Octoher, 1855.] | P olice. |
T T T IIE P lEAS it is expedient to make further llegulations for pre- Preamble.
serving order and good conduct within the City Port and Hamlets of Sydney and other Towns and Places in the Colony of New South Wales Be it therefore enacted 1)y Ilis Excellency the Governor of New South Wales with the advice and consent of the Legislative; Council thereof as follows :—
1. Every person wlio shall he brouglit before any Justice of the persons suspected of
Peace charged with having in his possession or eoirvcying in any
| manner any thing which may be reasonably suspected of being stolen | ’ |
| or unlawfully obtained and who shall not give an account to the satis faction of such Justice how he came by the same shall be deemed guilty of a misdemeandr and shall be liable to a penalty of not more than ten pounds or in the discretion of the Justice may be imprisoned in one of Her Majesty’s gaols with or without hard labor for any time not exceeding three cahmdar months. |
2. I f information shall be; given on oath to any Justice of the incaseofinformation Peace that there is reasonable cause for suspecting that any thing ĉause* for stolen or unlawfully obtained is concealed or lodged in any dwelling- susjwcting that any house or any other place it sliall be lawful for sucli Justice by special fa°vMiyXâ inedand warrant under his hand directed to any Chief Constable or Inspector of are concealed.
Police to cause every such dwelling-house or other place to be entered and searched at any time of tin; day or liy night if power for that purpose be given by such warrant and the said Justice if it shall appear to him necessary may empower such Chief Constable or Inspector with such assistance as may be found necessary such Chief Constable or Inspector having previously made known such liis authority to use force for the effecting of such entry whether by breaking open doors or otherwise and if upon search thereupon made any such thing shall be found then to convey the same before a Justice of the Peace or to guard the same on the spot until the offenders are taken before a
Justice
| 2950 | No. 24. | 19° VIC. | 1855. |
Folice.
Justice of the Peace or otherwise dispose thereof in some place of safety and moreover to take into custody and carry before the said Justice every person found in such house or place who shall appear to have been privy to the deposit of any such thing knowing or having reasonable cause to suspect the same to have been stolen or otherwise unlawfully obtained.
| Party from whom | 3. | When any person shall he brought before any such Justice |
| Bfolen goods arc |
| received to bo | of the Peace charged with having or conveying any thing stolen or |
| examined by tlie | unlawfully obtained and shall declare that he received the same from |
| Justice. | some other person or that he was employed as a carrier agent or servant to convey the same for some other person such Justice is hereby authorized and required to cause every such person and also if necessary every former or pretended purchaser or other person through whose possession the same shall have passed to he brought before him and examined and to examine witnesses upon oath touching the same and if it shall appear to such Justice that any person shall have had possession of such thing and had reasonable cause to believe the same to have been stolen or unlawfully obtained every such person shall he deemed guilty of a misdemeanor and to have had possession of sucli thing at the time and place when and where the sam.c shall liavc hcc-n found or seized and the possession of a carrier agent or servant shall he deemed to he the possession of the person who shall have employ(;d such other person to convey the same and shall he liable to a penalty of not more than ten pounds or in the discretion of the Justice may be imprisoned in one of Her Majesty’s gaols with or without liard labor for any time not exceeding three calendar months. |
| Cower to order 4 . I f any goods 01’ iiioncy charged to he stolen or fraudulently sioi7of good3crâ^̂^̂ obtained shall he in the custody of any constable by virtue of any to bave been stolen -vvaiTant of a Justico 01’ in prosocutioii of any cliarge of felony or | <)i | i r< iu u u iL i i i iy | o u | • | • | ■« | . | . | i | j_ | • | • | j_i | r* | i | j . i |
tained and in eus- misdcmeanor 111 Tcgai'd to the obtaining tliereot and the person
tody of constable, charged witli stealing or obtaining possession as aforesaid shall not he
found or shall have been summarily convicted or discharged or shall have been tried and acquitted or if such person shall have been tried and found guilty hut the property so in custody shall not have been included in any indictment upon which he shall have been found guilty it shall he lawful for any Justice of the Peace to make an order for the delivery of such goods or money to the party who shall appear to he ilie rightful owner thereof or in case the owner cannot he ascertained then to make such order with respect to such goods or money as to such Justice shall seem meet Provided always that no such order shall he any bar to the right of any person or persons to sue the party to whom such goods or money shall be delivered and to recover such goods or money from him by action at law so that such action shall he commenced within six calendar months next after such order shall be made.
Unclaimed stolen 5. When any goods or money charged to he stolen or unlawfully omiic police may ̂ obtained and of which the owner shall be unknown shall be ordered
mm Justicc of tlic Pcacc to be detained it shall l)c lawful for any
benen't*of *the'*Poiice Justicc after tlic cxpiratioii of twelve calendar months during which iiewaid Fund. jyo owner sliall have appeared to claim the same to sell or dispose of
such goods or money for the benefit of the Police Beward Pund.
| Penalty on common | 0. In case any person shall lodge any information before any |
informers for com
| pounding informa | Justice of the Pcacc for any offence alleged to have been committed |
| tions. | by which he was not personally aggrieved and shall afterwards directly or indirectly receive without the permission of one of Her Majesty’s Justices of the Peace any sum of money or other reward for compound ing delaying or Avithdrawing the information it shall be lawful for any one of Her Majesty’s Justices of the Peace to issue his warrant or summons as he may deem best for bringing before him the party |
cluirgcd
| 1866. | 19» VIC. | No. 24. | 2951 |
Folice.
charged with the offence of such compounding delay or withdrawal and if such offence he proved by the confession' of the party or by the oath of any credible witness such informer shall be liable to a penalty of any sum not exceeding ten pounds.
7. Where bv any Act now in force or hereafter to be passed a Power to lessen tiie
moiety or other fixed portion of the penalty or penalties thereby imposed is or shall be directed to be paid to the informer not being a party aggrieved it shall be lawful for any of Her Majesty’s Justices of the Peace before Avhom the conviction shall be had to adjudge that no part or such part only of the penalty as he shall think fit shall be paid to the informer.
8 . Every person who shall occupy or shall have occupied any Power to order com-
house or lodging as tenant thereof and wdio shall wilfully or maliciously
| do any damage to the premises or to any furniture thereof not being | ” |
| the property of such tenant or occupier shall upon complaint made to one of Her Majesty’s Justices of the Peace within one calendar month next after the commission of the offence or the end of the tenancy or occupation forfeit and pay such sum of moiiey as shall appear to the Justice to be a reasonable compensation for the damage done not more tlian the sum of twenty pounds to be paid to the landlord or party aggrieved. |
9. On complaint made to any Justice of the Peace by any Power to deal sum-
person who shall have occupied any house or lodging by the week or oJiJireLrve liis^
month or whereof the rent does not exceed the rate of twenty-five
pounds by the year that his goods have been taken from him by an
unlawful distress or that the landlord or his broker or agent has been
guilty of any irregularity or excess in respect of such distress it shall
be lawful for such Justice to summon the party complained against
and if upon the hearing of the matter it shall appear to the Justice
that such distress was improperly taken or unfairly disposed of or that
the charges made by the party having distrained or having attempted
to distrain are contrary to law or that the proceeds of the sale of such
distress have not been duly accounted for to the owner thereof it shall
be lawful for the Justice to order the distress so taken if not sold to
be returned to the tenant on payment of the rent Avhicli shall appear
to be due at such time as the Justice shall appoint or if the distress
shall have been sold then to order payment to the said tenant of the
value thereof deducting thereout the rent which shall so appear to be
due such value to be determined by the Justicc and such landlord or
party complained against in default of compliance Ai ith any such order
shall forfeit to the party aggrieved the value of such distress not being
greater than twenty-five pounds such lvalue to be determined by the
Justices.
10. Upon complaint made to any Justice of the Peace by any rower to order tiie
| person claiming to be entitled to the property or possession of any | detained |
| goods which are detained by any other person the value of which shall to tiie owner, not be greater than tiventy pounds and not being deeds muniments or papers relating to any property of greater value than fifty pounds it shall be lawful for any Justice to summon the person complained of and to inquire into the title thereto or to the possession thereof and if it shall appear to the Justice hearing the casi' that such goods have been detained without just cause after due notice of the claim made by the person complaining or that the person detaining such goods has a lien or right to detain the same by Avay of security for the payment of money or the performance of any act by tlic owner thereof it shall be lawful for such Justice to order the goods to be delivercid up to the owner thereof either absolutely or upon tender of the amount appearing to be due l)y such owner (which amount the Justice is hereby authorized to determine) or upon performance or upon tender |
| 3 0 — VOL. 4. | and |
| 2952 | No. 24. | 19̂ VIC. | 1855. |
Police.
and refusal of tlie performance of the act for the performance whereof such goods are detained as security or if such act cannot he performed then upon tender of amends for non-performance thereof (the nature or amount of which amends the Justice is hereby authorized to deter mine) and every person w’ho shall neglect or refuse to deliver, up the goods according to such order shall forfeit to the party aggrieved the full value of such goods not greater than twenty pounds such value to be determined by the Justice Provided always that no such order shall bar any person from recovering possession of the goods or money so delivered or forfeited by suit or action at law from the person to whose possession such goods or money shall come by .virtue of sucli order so that such action he commenced within six calendar months next after such order shall be made.
| Provisions of 16 Vic. | 11. The jurisdiction given to Justices of the Peace by virtue of |
| No. 6 extended. | the provisions of the Act of Council passed in the sixteenth year of the reign of Her present Majesty Queen Victoria and numbered six is hereby extended and applied to all cases in which the money or pro perty stolen shall not exceed in value the sum of forty shillings. |
| Police Magistrate | 12. In all cases where it shall appear to any Police Magistrate |
| and Justices may |
| appoint special | or any two Justices that any tumult riot or felony has taken place |
| constables. | or may he reasonably apprehended in any city town or place and he or they shall be of opinion that the ordinary constables or officers appointed for preserving the peace are not sufficient for the preser vation of the peace and for the protection of the inhabitants and the security of the property of the inhabitants thereof or for the appre hension of any offenders it shall be lawful for any Police Magistrate or any two Justices to nominate and appoint by precept in writing under his or their hands so many as he or they shall think fit of the householders or other persons (not legally exempt from serving the office of constable) residing in or near to such city town or place to act as special constables for such time and in such manner as to the said Police Magistrate or Justices shall seem fit and necessary for the public peace and for the protection of the inhabitants and the security of the property in or near such city town or place and the Police Magistrate or Justices who shall appoint any special constables by virtue of this Act are hereby authorized to administer to every person so appointed the following oath that is to say— |
| Form of oath to be |
| taken by special | “ I A. B. do swear that I will well and truly serve our Sovereign |
| constables | “ Lady the Queen in the office of special constable for the “ {city town or place as the case may be) without favour or “ affection malice or ill-will and that I will to the best of “ my power cause the peace to be kept and preserved and “ prevent all offences against the persons and properties of “ Her Majesty’s subjects and that while I continue to “ hold the said office I will to the best of my skill and “ knowledge discharge all the duties thereof faithfully “ according to law— So help me God” |
Provided always that whenever it shall be deemed necessary to nominate and appoint such special constables as aforesaid notice thereof shall be fortliAvith transmitted by tbe said Police Magistrate or Justices to the Colonial Secretary of the Colony.
| Police Magistrate or | 13. The Police Magistrate or J ustices who shall have appointed |
regulations respect- J Special constabics Under this Act when such special constables
| tie s and may remove . , . i- ̂ t , | m g special coiista- shall liavc been called out shall have power to make such orders |
| them for misconduct, aiiu regulations as may from time to time be necessary and expedient for rendering such special constables more efficient for the preserva tion of the public peace and shall also have power to remove any such special constable from his office for any misconduct or neglect |
| of duty therein. | ' |
| 1855. | 19 ̂ VIC. | No. 24. | 2953 |
Police.
14. Every special constable appointed under tliis Act shall I’owcr of special
have exercise and (injoy all such powers authorities advantages and immunities and be liable to all such duties and responsibilities as any constable duly appointed now has within his constablewick by virtue of the Common Law or of any Law Statute or Act of Council.
15. I f any person so residing within the city town or place as I’onaity for refusing
aforesaid being appointed a special constable as aforesaid shall refuse to take the oath hereinbefore mentioned when thereunto required by the said Police Magistrate or Justices so appointing him he shall on conviction thereof in a summary Avay before a Justice of the Peace forfeit and pay any sum of money not exceeding twenty pounds and if any person being appointed a special constable as aforesaid shall neglect or refuse to appear at the time and place for which he shall be summoned for the purpose of taking the said oath or having been appointed and sworn as a special constalde as aforesaid and being called upon to serve shall neglect or refuse to serve as such special j’. naity for rofnsing
constable or to obey such lawful orders and directions as may be given |,bey'inI-'̂ or(i4s!
| to him by the Police Magistrate or any Justice of the Peace or any | " |
| chief constable or Inspector of Police or other officer under whose orders be may be placed for tbe performances of the duties of his office ev(;ry person so offending shall on conviction thereof in a summary way l)efor(‘ any Justice of the Peace forfeit ainl pay for every suck negh'ct any sum of money not exceeding ten ])ounds unless such person sliall prove to the satisfaction of the said Justice that he was prevented by sickness or some other unavoidable cause as shall in the judgment of the said Justico be a sufficient excuse. |
If). The Police Magistrate or Justices who shall have appointed “̂Ttkratcs'and
any special constables under this Act for any city town or place' and if justiensko discon- such special constables shall have been called out is hereby empowered tpocLi'coustk'des to suspend or determine the services of all or any of the said special ciiied out.
constables so called out as to the said Police Magistrate or Justices
| sitting in Petty Sessions in such city town or place shall set'm meet | . |
| and noticn of such suspension or determination of the services of all or any of the said special constables shall be transmitted forthwith by the said Police Magistrat(! or such Justices to the Colonial Secretary of the said Colony. |
17 . Every special constable shall forthwith after the e x p i r a t i o n Special constables to
| oi his oiiice or alter he shall cease to hold and exercise the same pur- | to successors, |
| suant to this Act deliver over to bis successor (if any sucb shall have been appointed) or otherwise to such jierson and at such time and place as may be directed by the Police Magistrate or such Justices all arms staves weapons and other articles which shall have been provided for such special constable under tins Act and if any such special con stable sliall omit or refuse so to do he shall on conviction thereof in a summary way by any Justicc of the Peace forfeit and pay for such offence any sum of money not exceeding ten pounds as to the con victing Justicc shall seem meet. |
18. I f any person shall assault or resist any special constable riminimcnt for
| whilst m the execution oi his oihcc or shaii promote incite or encourage | special consta- |
| any other person so to do every such person shall on conviction thereof in a summary way before any J ustice of the Peace forfeit and pay for such offencic any sum not exceeding ten pounds or it shall be in the discretion of the J ustice before whom any such conviction shall take place to imprison the person so convicted for any term not exceed ing six months with or Avithout hard labor. |
19 . Everv person who shall assault resist or interrupt any Assaulting bailiffs
Sheriff’s bailiff bailiff of the Court of Requests or any keeper or other of their duty, officer in the discharge of any jmblic duty or any bailiff or keeper distraining for rent or for rates or taxes or shall rescue or attempt to
rescue
| 2954 | No. 24. | 19̂ VIC. | 1855. |
Folice.
rescue any property levied or distrained on sliall for every such offence forfeit and pay in a summary way hefore any J ustice of the Peace any sum not exceeding ten pounds or it shall be in the discretion of the Justice before whom such conviction shall take place to commit the person to one of Her Majesty’s gaols for any term not exceeding six months with or without hard labor Provided always that if the Justices hearing the case shall think the same a proper case to he sent to a superior Court to be dealt witli such Justicc shall he at liberty to commit such person to take his trial for such offence.
| No person kcei>ing a | 20. Iso person keeping or having any house shop room or place |
| house for public |
| resort to open same | of public resort wlierein ready-made provisions liquors or refreshments |
| for business before | |
| six o’clock in the | of any kind shall be sold or consumed (whetlier the same shall be kept |
| luoniing nor later | or retailed therein or procured elsewhere) shall open or have open his |
| than 12 o’clock at | |
| niiiht. | premises for the reticption or entertainment of promiscuous persons or for the ordinary transaction of business at an earlier hour than six o’clock in the morning nor later than the hour of twelve o’clock at night and he shall for every such offence forfeit and pay any sum not exceeding five pounds. |
| miisauees in the | |
| Prohil)ition of all | 21. Every person who in any street road square alley thorough fare or public jilace or passage to the obstruction annoyance or danger of the residents or passengers commits any of the following offences shall be liable to a penalty to any sum not exceeding two pounds for each offence— |
| streets itc. |
| Sellini; gunpowder. | Evmry person selling gunpowder squibs rockets or other com bustible matter by gas candle or other artificial light. |
| Hoisting or lowering | |
| goods. | Every person who shall hoist or cause to he hoisted or lower or cause to be lowered goods of any description from any opening in front of the house of any main street or from hack streets without sufficient and proper ropes and tackling. |
| Carrying carcass of | Every person who shall carry or convey or cause to he carried |
| ncwly-sla lightered |
| meat without a cloth | or conveyed in any street or public place the carcass or |
| covering same. | any part of the carcass of any newly-slaughtered animal without a sufficient and proper cloth covering the same for the concealment from public view or shall hawk or carry about butchers’ meat for sale without covering the same as aforesaid. |
| pole across any street |
| Placing line cord or | Every person who shall place any line cord or pole across any |
| to hang clothes on. | street lane or passage or hang or place clothes thereon to the danger or annoyance of any person. |
| I'lacing sign board |
| except close to the | Every person who shall place hang up or affix any sign post |
| wall. | hoard house-ticket notice or other similar thing otherwise than close and paralhd to or fiat upon the wall of the house shop or building to which the same belongs. |
| I’̂ lacing any flower |
| pot &c. in the upper | Every person who shall fix and place any flower-pot in any |
| ■window without | upper AvindoAv without sufficiently guarding the same from |
| giuirding the same. | being thrown down. |
| Throwing any tiling |
| from the roof of any | Every person who shall throw or cast from the roof or any part |
| house into the street. | of any house or other building any slate brick part of a brick wood rubbish or other material or thing (unless within a hoard when any house or building is being erected or repaired). |
| "Windows &c. of | Every blacksmith whitesmith anchorsmith nailmaker or other |
| blacksmiths 6c q . |
| opening into any | ])erson using a forge and having a door window or aper |
| street to be closed | ture fronting or opening into or towards any street lane or |
| at night. | passage who shall not close such door ar fasten the shutters or other fastenings of such Avindow and close such aper ture every evening Avithin one hour after sunset so as (Mectually to prevent the light from shewing througli the |
doorway
| 1855. | 19'̂ y ic . | No. 24. | 2955 |
ToUce.
doorway window or aperture next or upon such street lane or passaj^o Provided that nothing herein contained shall extend to forges helow the pavement of the street.
Every person who shall within the distance of one hundred Burning mss within
| yards from anv dwellintr-house burn any rait’s hones cork V" rl:'"'''’’/"’"' | V | ~ | «/ | O | d \ V ( ’ | i n p ‘- n n i m » ‘ | A ' p , |
or other oriensive substance to the annoyance oi any
inhabitant.
Every person driving any cart Avagon dray coach hacknt'y Carriages ,tc. to
| carriage omnibus gig or any other carriage whatsoever Avho | g- |
shall not keep to the tutar or left hand side of such street street &c.
road thoroughfare or public place or passiige (except Avhen
])assing any other carriage or vehicle or shall in any nnui-
]ier Avilfully prevent any other person i'rom passing him or
any carriage under his care upon such street road thorougli-
fare or public place or passage or by negligence or misbe-
havioLir prevtmt injure or interrupt the free passage of any
carriage or person in or upon the same and every person
liaving the cart; or charge of any such cart wagon drtiy
wain or van which shall be druAVii by two or more horsits
or other beasts wlio shall ride on the same AAuthout suill-
eient reins to guide the animals drawing the same.
| Every person drivintt' or b a A 'in g tbe care or charge of anv Avain No person to drive | ^ | 1 | ~ | 1 • 1 | 1 | 11 1 | 1̂ | \ | a cart &c. out of a |
Avagon van cart or dray Avliich shall be draAvn by any walking-pace,
horse or other animal and driven or guided by i^eins Avho
sliall AAdlfully alloAv tbe horse or otlicr animal draAving the
same to proceed out of a Avalking pace.
| The OAvner of everv such Avttin Avagon v;in cart | dray as last Ciuts | to iiavc |
| 1 | * | ^ | ■ 1 | 1 | 1 | 1 | 1 | 1 | * | ^ | 1 | 1 | ‘ | 1 | * | - | 1 | 1 | - | naiiitjs of owners | I l i i l l l C S U l U \A J I U I s |
aliove-mcntioned shall iiave las name and place ol abotle painted tucreon.
painted in full length on the off side legibly at letist tivo
ineht's high and proportionably broad in Avhitc letters on ;i
black ground and if the driver or person in charge of any
such cart as aforesaid shall refuse to give his or the OAvner’s
name and address or sliall give a false or fictitious name of
himself or tlit; OAvner such person shall be detained by any
constable or other person until a satisfactory account be
given to such constable or other person avIio may require,
the same.
E\'ery person who shall carry goods or any frame to the annoy ance of any person upon the footAvay of any street or other public footway.
Every person who shall be the keeper of or have any dog or other animal AA'hich shall attack and endanger the life or limb of any pcrsoir avIio may have the right of Avay or use of any private yard alley street or any other place.
| 22. In all cases of summary conA'ictions for assault it shall be | > | -■ | '‘*'̂ 5 of as |
| . | ii | T | J-I | r | 1 M | 1 | 1 | • | J* | 1 | 11 saults on snminarv |
in the discretion ot the Justices beiorc 'vvhom any such conviction siiali comicti.m discretion
take place cither to inflict the se eral fines in the several Acts speed-
| fying tlie offence mentioned or to imprison the person so convicted for | ’ |
| any term not exceeding the maximum terms respectively mentioned in the said Acts. |
23. All offences committed and all penalties or forfeitures Avhich Pioocedings on jufor-
under this or any other Police Act or Police Regulation Act and Avhich before
are punishable on summary conviction before a J ustice or J ustices of
the Peace may be heard and determined by any Justice of the Peace
in a summary Avay AAdthin six months next after the commission of
such offence or Avithin such shorter time as shall be limited by the Act
specifying the offence and not aftenvards Avhether or not any infor
mation or complaint in Avriting shall have been exhibited or taken by
or before any such Justices and all such proceedings by summons
| • | Avithout |
| 2956 | No. 24. | 19° VIC. | 1855. |
Police.
without information or complaint in writing shall be as valid and efiPectual as if an information or complaint in writing had been first exhibited or taken on that behalf Provided always that a note or memorandum in writing according to the form or to the efiect as set forth in the Schedule to this Act annexed marked A shall be made and kept of the substance of every charge for which a summons shall be issued Provided also that the Justice if he shall think fit may require an information or eomplaint in writing to be laid in every ease in which it shall seem to him to be expedient before the matter of the charge or complaint shall be brought before him and the Justice shall examine into the matter of every eharge or complaint brought before him or them and if upon the confession of the party accused or on the oath of any one or more witnesses the party accused shall be convieted of having eommitted the offence charged or com plained of the party so convicted shall pay such a penalty as to the Justice shall seem fit not more than the greatest penalty that may be payable in respect of such offence together 'with the costs of conviction to be ascertained and assessed by such Justice.
| Warrants for | 24. All warrants upon conviction for being drunk and dis |
| drawn in form as iorderly under the Act of Council passed in the thirteenth year of the | drunkenness to be |
| Schedule B and may reign of Her present Majesty Queen Victoria and numbered twenty- ornames"̂ number drawn up in the form or to the effect mentioned in the |
Schedule to this Act annexed marked B and may include any number of persons in the same warrant with the sentence of each separately and it shall he laAful to confine any person so convicted in any watch- house during such sentence instead of sending him to gaol.
Justices not to draw
| up record of con | 25. It shall not be necessary for any Justice of the Peace to |
| viction unless de | draw up or prepare any formal record of any conviction or order |
| manded. | unless the same shall be demanded by one of the parties to the proceedings for the purpose of an appeal against the decision or for an application for a writ of prohibition or a return to some writ or other process from a superior Court. |
| This Act to be con | 26. This Act shall be incorporated and construed as part and |
| strued as part and | l | o | i | i | p | i | ̂ | ^ |
parcel of 4 Wm. IV. parcel OI the Acts ot Council made and passed in the tourth year of 5̂—Î îT̂ Vic.̂ No. 'the reign of His late Majesty King William the Pourth and numbered
31. seven and the Act passed in the seventeenth year of the reign of Her present Majesty Queen Victoria and numbered twenty-five and another Act made and passed in the same year and numbered thirty-one and another Act made and passed in the second year of the reign of Her said Majesty and numbered two and the minimum of all fines and penalties imposed by the said recited Acts or any of them shall lie in the discretion of the convicting Justice or Justices.
SCHEDULE A.
Assault.
| l^Name of Gomplainant.'\ | A. 15. of No. | .street Sydney painter. |
| \Name of Defendant^ | C. D. of No. | .street Sydney laborer, |
| [Dale of offence.'] | on the | day of | inst. or last. |
| [ Offence.] | . | Assault the said A. B. at Sydney aforc.said. |
| ^Daie of issuing summons.] | The | day of | 185 |
| [Signed hy] | A. 15. J. P. |
| [Summons returndblei] | The | day of | inst. or next. |
Breach
| 1855. | 19« VIC. | No. 25. | 2957 |
ILunter Hiver Tonnage Duty.
Breach of the Peace.
| [Name of Complainant.^ | A. B. of No. | street Sydney butcher. |
| [Name of Defendant.~] | C. D. of No. | street Sydney laborer, |
| [Date of offence^ | on the | day of | inst. or last, |
| [ OJfence.~\ | make use of threatening language to wit | |||
| [Date of issuing summons.] |
| |||
| [Signed bf] | A. B. J. P. | |||
| [Su7>imons returnahle.] |
|
SCHEDULE B.
To John Wearin Chief Inspector of the Sydney Police Force and to all other Constables in the said Police Force and the Keeper of Her Majesty’s Gaol at Darlinghurst Sydney (or to the Watch-house Keeper as the case may be.)
| W here.\s on the | day of | in the year of our Lord |
185 the undersigned persons wore convicted before mo the undersigned Justices of the
| Peace for the offence of drunkenness | These are to authorize you the said Chief Inspector |
and all other Constables to convey the said persons to the (Gaol) (or Watch-house) at
and you the said Keeper are hereby ordered to keep and detain the said persons in your
custody and in solitary confinement in the aforesaid for the time or period set
opposite to their respective names uulc.ss the fine be paid in the meantime.
Sentence.
| Name of Prigoner. | Crime. |
| Fine. | Period of Confinement. |
| John Jones. | Drunk and disorderly | 40s. | Or 48 hours cells. |
| in | street. |
| Given under my hand the day and year above written at | in the said Colony. A. B. J. P. |
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