Police Act 1863 (SA) | CaseChat AU

D. 1863.

No. 10.
An Act to corlsolidnte and amend the Laws relating to the Police of
South Australia,

[Assented to, 12th ~ovember,

1863.1

HEREAS it is expedient to coizsolidate and amend the laws preamble.

Enacted by the Governor-in-Chief' of the Proviilcc of South Aus-	W relating to the Police of South Australia-Be it thereforr:
tralia, with the advice and consent of the Legislative Council and Housc of Assembly of the mid Province, h this present Parlia- ment assembled, as follows:

1, The Ordinance and Act set forth in the Scliedule A hereto, Ordinancc and ~ c t

sct

save as to all appoilltnlents made, penalties incurred, and all pro- pcal,l.a,

forth in Schedule rc-

ceedingx, matters, or things had, done, entered iuto, or pending saying,
under the said Ordinance or Act, are hereby repealed, save so far
as the same may repeal any Act or part of any Act.

THE

APPOINTMENT

OF OPPXCERS.

2. The Cornluissioner of Police and all other officers of police Appointment of

o5cers.

already appointed shall continue to hold office under the provisions of tllis Act, and shall perform all such fuiictions ancl possess such powers as bylaw may be imposed or conferred upon thcnz rcspectivcly.

from time t~ time appoiut a fit and proper person to be Commis- sioner of Police.

3. The Governor, with the advice of the Executive Council may %;;;;:$p:$:-

sioner of Police throughout the said Province, and, as occasiau
may require, remove any Comnissioncr and appoint anotlm in his
stead; and every Cornmissiolicr of Police shall be charged with the geueral control and managemeut of the police force of the said

Province.

4. The

26" & W 0

VICTORIB, No, 10.

Police

A c t. 1 8 6 3.

Governor in Council

4. The Governor, with the advice of tbe Executive Council, may as may be found necessary, who shall hold con~missions under the hand of the said Governor for S L I C ~ appointments, and who s21all be

may appoint Inspec-

tors and other offlcers

appoint such Iuspectors, Sub-Inspectors, or other officers of police

holding commiesions.

Inspcctors or other

subject to the general control of the said Colun~issioner of Police;

officers may be

and the Inspectors, Sub-Inspectors, and other commissioned officers

charged with control

of police in any dis-

shall be respectively charged with the government and super-

trict which the Go-

intendence of such portion of the police force as may be placed

vernor may direct.

under their iillmediate control.

appoint non-commis

Commissioner m y

5. The Commissioner of Police or sncli other person as the Governor, with the advice of the Executive C~uncil,

may appoint

sioned officers,

for that purpose, may appoint so many chief constables, sergeants,

Subject to approval

and constables of different grades as he shall deem necessary for

o f Chief Scmtory.

the preservation of peace and order throughout the said Provi~tce,

subject, however, to the approval of the Chief Secrctary for the

tii& being, and such chief &stable, sergeants, or other c"onstab1es

h e -

shall L&'all

wch powers, and privilrg&,

and be liable to all such

seneo of any chief

conltablc

any fii;.

d ~ t i e s

and rerponsihilihies as a ~ v

constable duly appointed now lms,

fiergennt may assume

trict under this ~ c t OS hereafte;. inav havc:

~ro;ided that in the event of the non-

his duties.	appointnlrnt or h1 the absence of any chief constable in any place or district in the said Province under this Act, any officer of the said force, ior the time being, stationed at,, or nearest to such districtv,
and in charge of any police station for the time being, shall do all the acts, nncl exercise all the powers required or empowered to be done by any such chief constable.
GovelnorinCounrj1	6. The Governor with the advice of the Executive Couilcil may, from t h e to timc as he shell see fit, remove any Inspectoi; Sub-Inspector, or other con~ioissioned offices, and upon any vscaucy
may rcmove officers
of police,

thcir stead. may appoint some other fit person to fill the same, and the said

And appoint other3 in in any of the said offices by death, removal, clisability, or otherwise,

Cornmissioller may, from t i iw to time, 8s he s11d thiik fit, subject

And Commis,'

sjor.er

may remove 0th~.

always to the approvnl of the Chief Secretary, remove any

members of poliw

co~~stable

1101 holdin5 a ~orurnissiou, or in case of vacancy by

thq

v~rovaluft2le~hre~	of	1	death, renroval, disabdity, or otherwise, appoint ailother in his
Secretary.
stead.

(;(wornor, withadvica

of Council, nlity pro-

7. The City of' Adelaide nud the Town of Port Adelaide s l~al l

c:aiml~olicc~istl. lcts.	be rolicc I)istricts, and the Governor, wit11 the advice of the
Esecntia-e Council, imy by Proclalustion est,ablish other Police
If police arc

in a .Municipality or Z)istricts wllcrein portious of thc Police Forcc ulay be stationed;
District Council, the and whenever any of the said Police Force are stationed mithiil

nlnirl as tho limits of

' 'Ons~tutcdli 'nitBrF- t l ~ e constitnted limits of any BIunicipnl Corporation or District

1lwPoliccDist:iet.

Coui~cil, thc linlits of SLIC~Z Municipal Corporation or District Colmcil shall constitute thc limits bf such Police District;

3 f c.lscwl~cre, t l ~ c 1'10- and tlw Gol-crnor, mith t'hc ntlvicc of the Executive Council,

clamation must dc,iiuc Inay by Prochmntion coilstitute ally two or more districts under

t h ~ limits. the control of n 3iuuicipal Coi.por:~tion or Llistrict Council a

Po!ice

District under this 9ctl; and ill every Proclam~tion

establish-

ing

the constituted limits of any Municipal Corporation or District All such Yroclamn- tions must give the

iug any Police District in any part ofthe said Proviw.x not within

Clotuicil, thc limits of such Police 1)isb.ict shall be defined in such number and rank of

Froclntnation; and the inumber :uld milk of t lx members of tlie : ~ ~ n $ ' ~ ~ t ~

k,:;ib.

Police Force to be stationeci tliereiu s h d bc declared wheilever m y such Police District is proclailned.

8. The salnries, pay, nccoutucmcnts, and arms of every commis- The entire cost of all

sicmed officer of the said police force, and of every chief constable, ofthe mounted police

officers of polico and

sergeant, ancl constable of the mounted police, ancl the costs of to be paid out of the

general revenues of

maintaining the same, shall be defrayed out of thc general revenues the Province.
of the said Province.

9. In cvcry Police District wherein m y of the foot police m a ~ ~	be	Inevcrypficc district
where foot police m y

sta~ioned

during :X longer period than three inoaths in tlre year, one-

statiancd for

half the entire cost of inaiiitainii~~

sud? foot police as 1ll:ky be sttk- than three months,

one-half the cost to be

timed within h e

liuiits of' any such Police District, sllall be defrayed

by ,,o~iccdistricl,

by such Police District, a id the remaining hdf of sue11 cost shall be

and the mmainins

half of euoh cost shalI

defrayed out of the General Revcilues of the $:%id I'rovince; ancl in b, def,,,,d

out of the

case two or more districts unc-lcr the Municipal Corporations or General Revenues of	thc said Province,
District Councils shall be included it1 any such Police District, the half cost s l d be paid by such. districts in proportion tc? the value of the ratenhle property in em11 district: Provided that no Polict? District shall be compelled to corltribute to tlie cost of providi~g

the pay, accoutremuis, and arms of the c~mrni~sioned	officers 3
the said Force.

10. The proporlionatc m~ouilt

of such cost shall be atmu$ly the

A stat'ment

mount of

showing

cotltri-

estimated and sliall be set forth in a table, in the form directed butianduc by in the Schedule R to this Act, signed by. thc Conlmissioncr of ~;;i;~;~;';;i~~;
Police, arid npprovecl by the Chief Secretary, stating the nunlber in the Govemntent sod cost of mniwtaining such foot police, and the length of time

thev 117RV have been stationed in anv such Yolicc District, and setting of Parliament.

::$&

forEl1 tlie proportionate contributi& which may be pay&e by SUCK Police District; and cvcrv such table shall be published twice in the Government Gazcltr7 i t least two weclcs prior to the meeting of Parliament.

11.

TIThcnever any grant of

money may be p ~ y i i b l ~

under any Act

of the Parliament of the said Province, after the publication of' such of any Parliamentary
table, to any Municipal Corporation or District Council, or in aid Eakh, rant in aid of district
of any municipal or district rates, the amount by any such
Col.poration or District Council as ox towards the one-half the cost of the foot police stationed ~vithin the limits of any Police District, including the district under tht., control of the said Corporation or Council, may be retained by the Treasurer to be devoted to the payment of such amount.

%Q	260 & 270 VIC'SORIfE, No, 10.

Police Act.-1 863.
Council be insufficient to cover the amount of cost so payable by such Corporation or Council, the balance that may remain due by such di&rict over and above the amount of aucb vote, or the total amount payable by the said Corporation or Council in case no vote shall have been grairted, shall be paid into the public Treasury of the said Province, and shall he defrayed out of the funds of the
said Corporation or District Council, and may be recovered at the
instance of the Attorney-General in a summary way before two or
more Justices of the Peace or a Special Magistrate.
Municipal Corpora-

tions or District	13. Whenever it shall be necessary for m y Municipd Corpora- half the cost as aforesaid of the maintenance of m y foot police, the said Muuicipal Corporation or District Council may levy a special
Councils may levy a	tion, or District Council to provide, by reason of its being included in
epetial rate for such
' purpose.	a Police District, for tlw payment of nny amount as or towards one-
rate fur tlmt purpose, over aild above any othcr rates levied or
leviable by law by ssuli Corporntion or Council; and such rates
&all be recoversble in the same manner and be enforceable by the
same remedies as are provided by law for the recovery or enforce- ment of g e n e d rates levied by such Corporation or Council.
11 Muahid Cow-

ration or Di&riC:t

14. Iu case any Mutiicipl Corporation or District Council,

coundl

negl,t, ,

shall neglect or refuse to pay the amount of contribution as afore-

f ~. e

amount

or levy a rate there-	said, or any part thereof, to the Treasurer, or shall neglect or xefhse
for, the Gorcmr,	to le! y a specid rate when ~lecessafy within thirty days after the

with htae a d ~ c e

EHcoutive Cotmcil,

pay wmt of such mlount shall have heeu demanded in writing hy

mny osum a police

the Chief Secretary, the Governor, with tlie advice of the 1i:secutive

rate to bo levied.

Council, may cause a police rate to be lcvied in the district under the control of tlw said C~rpora~tion or Council for the purpose of defraying such anlouut, together with the expenses of levying the same, l~nd the Attorney-General may, in the stead of such Municipal Corporatiou or Distrivt Council, for the purposes of recovering or enfbrcing such police rate, do all sucli acts and 1iav.e all such remedies as imy be by law exercised by such Corpot ation or Council

for recovering or enforcing general rites.

LEVYING

A POLICE

R.ATE BLYOND THE LIA~ITS

OF A MUNICIPAL

CORPO~~TION

SrR D

ST~ZICT COUNCIL.

ProviRion for assess-

ing and levying police

15. Whenever any part of the said Province beyond the con-

stituted limits of a Muhicipnl Ccrporation or District Conucil may

in those p l r e n

a Hunicipnl

and the limih

corpora- be defined and declared to bc n Police District, the owners, in-

t i ~ n

or District

habitants, and occupiers of all messua?;es, lands, licrcditaments,

"lice

District is declared by	and teueinents within such Police District, shall be liable to con-
rroclnmntion.	tribut'e to the exnenses of the foot police as fully and in the same nlanner as if s&h police district &rnprised s h.micipal Corpor- ation ur District Council, and shall be in like manner rateable thereto; and the Governor may, after- auy such Policc District has been proclaimed, direct the Speciai Magistrate or any Jus-

G~vemor

may direct

a Justice to do all ne- tice of the Peace who shall be resident within or nearest to such
ccseay acts in levy- Police District to appoint by warrant under his hand, an assessor
ing B police rate b y

bc@tin,AaeNors,

for the pu90se of assessing the full and fair aunusl value of such

property,
26" & 27" VICTORIiE, No, 10.
Police Act.-1863.
property, and rating the same to a police rate, provided always that the sum to be levied as a police rate shall not exceed in tlie whole in any one year the rate of sixpence iu the p o u d on the full and fair annual value of such property; a d such assessor shall within tmenty-eight days after the delivery to him of the warrant of his appointment make, sign, and return to the said Spccial Magistrate or Justice an assessment for the district named

in such warrant, and the assessment shall be fairly written in a

Mode of making the

book, and shall specify ill different columns the names of the re- spective inhabitants or occupiers of all messuages, lands, tenements, and liercditnments, the full and fair annual value of tlie same, and the amount of police rate charged on the inhabitants or occupiers tllcreof, and when the premises shall be unoccupied the f ~ d l and fkir anliunl value thereof to let; and every such assessor shnll be

allowed for his trouble and expenses such ren~~meration

as the Afl~wanc"~

assessors.

Chief Secretary may direct, and the same sllall be paid out of the amount of the police rate which shall be collected under sucll assessment.

16. W

hen such assessinent shall have beell allowed by the said When asnessmcnt i s

made notice theroof

Special Masistratc or Justice of the Peace, pu~hlic

iiotice of such

and

assessment, and of the place wllcrc tlle same rnav be inspected, shnll all persons included

.'.

in the assessment

be given by fixing such notice in some conspmous, part of tllc shall haye liberty to

district to which such assessmcnt shall relate as soon as the sallle i n ~ ~ e c t	it,
s11o.U llavc been so allowed; and any person in whose custody such assessment may be s ld l permit every inha1)itmt or occupier of property included in S L ~ C ~ I a~sesslnent to inspect tlie salue, a i d to

make any extracts therefrom wi~hont

pnyinent of any fee; and if

such person shall wi!fklly

neglect or r e f ~ ~ s c

to pennit ally such in-

Labitant or occupier to inspect s~lcll

assessment or to nrake any Pcna i :~

forrefusing

extract thcrefroni, Ilc shall, on conviction tilereof, forfeit a d

pay

such mspection.

for every such offeuce n s~tiu,'not

exceeding Tluec Pounds,

17. The said Special Magistrate or Justice of the I'cace shall collection of f f l n

police rate to be

from tir~ie to tiinu nominate one OY more persons for levy- charged in such

iug t l~u amount of

police rate cllnrged in every such assessment, a ~ c s j m e ~ f.

who sllall j~rocced in tllc sanie iriauuer and s l r d h v c tlle same powcrs, remedies, and privile~es, and sl~all be subject to the same reg!~lations and pailalties with referellcc to the levying of snclr police rate as if they were acting for any District Council in levying
a special rate, allcl shall pay over tlic amount of such police rate
to the assessor, who shall account for and pay over the total amouut of such rate to the Special Magistrate or Justice of the Peace,

or in default thereof shall be proceeded agniu~t

for non-payment.

charged upon him by the assessment made by the assessoi., shall

18. If any person, who sliall have paid tlie smoullt of police rate :f:::t:;p

think himself aggrieved by such assessment on the ground that such assessment includes any property for which he is uot rateable, or that it assesses his rateable property beyond its full and fair annual value, or that any person is oulitted out of such assessment, or that

the

X
26" & 27" VICTORIB, No. 10.
Police Act.--1863.
the property of any person is assessed bclow its full and fair a n ~ ~ u a l
value, the persoil so agg~ievecl luny appeal to the Local Court of
full Jurisdiction at ,4deialde, or to the aearest Local Court whereof
snch Special Magistrate or Justice of the Peace employed in levying
sucli police rate, is not ,z member, not less than twenty-one days
nttcr public notice of sucli nsscssnient shnll have been @m, pro-
vided that the person so intenhing to appeal ssllnll glve to the
assessor notice in writing of such appeal, :md of ihc cause and
matter thereof, ten clear days a t the least bcfore sueh Court s l d
meet; mid in case sucll person sEdl appeal on the ground that any
persou is onlittcd out of the assessinent, or that the property of ally
persoil is asscssecl below its ftdl m d fair annual value, the party
so appealing slldl not only give such notice of appeal to the ss-
sessor, but shall also give a like notice of appeal to the person or pers011s so iutwested iu the event of such appeal as aforesaid, and the person so ilitelrsted ~hnl l, if ho shall desire it, be heard upon the appml bcforc mch Court; and such Court, upon due proof of.
the notice be iw given, shall hear and determine tlic matter of the

T1lc assp8sn'cnt	appeal, and s~!'diT	ii~alA sueh order therein, with or without costs
be nltcred to xe l i~ve

the appcN:int without to e i t h pal ty, as the Court s l d l think proper; and in case the
a l t C r i n ~ a n ~ 1:urt of it. otmr Court shall think tlm appellant entitled to relief, they shall order
the assesslim~t to bc au~ended in sucl-r ~uanner as may be necessary for giving him relief; and shd l also order any money paid by hiill which be was not liable to pay tto be returned to him; and iu case 11c sllail have nppenlcd on the grooud tlrnt any person is omitted out of the assessmezit~, the Court inay order the mlue of such pei%ou to be iuserted in the asscssulent, aild to be therein rated a t such amount as they s l d dcem just; and in case the appellant shall have apl)eded oo tlie gronild that the property of any person is assessed below its full and fair aniiual value, the Court may order tlie n m o ~ ~ n t a t which such persoli is rated in the assessment to be altered iu such ulanucr as t h y shall deem just; and thc proper oficer of tlie Oo~lrt ~1i:dl in each of the cases aforesaid forthwith

quashed or altered with respect t o any other persons named therein,

the asscsi;n~eiit

accordingly, but the assess~i~enf

slid1 not be

ni~rcnd

and

tl~c: dctcrmin~tioii

of' the Court shall Fe firm1 and couclusive.

\i'henever n Nngis-	19.	\Vhenever thc Ciovernor s l d l direct m y Specid I\lagistrate
trate or Justi:e ia

appoint, d fix the

or Justicc of the Peace to appoint aiz assessor to lcvy a police rate,

1tvyirlg of n police

ratc, a statement of

hc sliall cause a statciiier~t to be forwarded to the said Special IIa-

the alnount to be

gistratc or Justice of the Peace informing him of the full amount of

levied and other

the ratc required to 11e levied, m d such amount sl~all

includc not

matters to bo for-
xardedtosuch hlngis- only tlie half slinrr of the cobt of waiutennnce of foot police in
trdte OF Justice. such Pvlice District but nlso all other cxpeilscs incurred, or to be
illcurred ill levying such mtc; and the mid Govenltrr nmy direct sucll fair a i d just ~elt~uncmtion a d nllow,zi~ces to be payable to the said Special Mnpistmte or Justice of +the Pcxce out of the l*&, for espei~ses incurred or services rcnclewd, ns he sliall t l h k propcx.

And such Magiatrate	20.	Any pel*son appointed by tlic G overnor for that purpose niay
or Justice may do all

do, or cause to bc done, nll such acts necescnry, asd shall have such

remedies

26" & 27" VICTQRIx,

No. 10.

Police

A c t. 1 8 6 3.

P-

remedies for recowring and cuforciog the said rate in such Police acts

iot which

Council

any

may

Die-

Dist'rict as may be done or exercised by any District Council in the in levying a special

levying of any general rate; and iuiiliediately upon the collection of z:i

any moneys in respect of such rate, the person so appointed shd l of

Treasurer

rate lwied

after

de-

the

fortl~with remit the aniount thereof to tlie Treasurer, and slmll ,,c,i,,,

furnish at the Fame tirue a fill1 and clear stntemeut of all nloneys allowed, andfurniah	P full account.
received an3 paid and acts clone by liirn by virtue of this Act.

21.

Tllc Governor with the advice of tlie Executive Council may, ~

from tillle to tillie. frame ~L&s, orders. and re~ulations

for the to secure Drover dis-

U

general

of the membks of tllc police force, as well with ~ ~ ~ t ~ ! P $: ~ q u i ~ -

respect to their residence, tllcir classification, distribution, particular service, and inspection, as to their arms, accoutrements, Rnd neccs- saries, as to which of them shall be supplied with horses, and all
such other rules, regulations, and orders relatire to the said police
as may be necessary for rendering the force efficient and preventing Commissioner may

neglect and abuse; and the Con;missioncr of Police may make npproral or chief

make rulrs with the

such other. orders and regulations, for the general government, secretary for their

general mnnagemcnt

management, and discipline of the Police Force as he may dccm	discipline.
necessary, subject to the approval of the Chief Secretary.

22. No person appointd to bc Comnlissioncr of Police, In- oath to

taken b f

oficersand constnb es.
spector, Sub-Inspector, or otllcr officer, nor any const:~ble shall be capable of holding thc said oEcc or of acting in any way therein, until ha: shall take and subscril?e: or shall haw taken ancl subscribed the following oath, thit,t is to say-

&' I, A. B.: do swear that I will well ancl tr~zly

serve our Sovcreigii

Lady the Queen in the office of [Cornrr~issioner of Police, Chief Inspector, Inspector, Sub-Inspector, officer, sergeant, or constable, as the case may be], without fizvor or affec- tion, malice OF ill-will, fbr the period of
from this date, mid until I am legally discharged; that I

will see and cause Her Majesty's peace to be kept and pre-	mwil, and that I will prewnt, to the best of illy power, all
offences against the same; and that, while I shall continue to hold the said office, I will, to the best of irip skill and know ledge, discharge all the duties thereof faithfully, according to law--So help me God."

And the said oath shall be nclministewd by any Justice of thc Pcace, and shall, in a11 cases, bc subscribed by the person taking the snrne; ancl the oath so talien by the Corrilnissioner of Police shall be forthwith transmitted to the Chief Sccrctary by the party before whom the same was taken, and the oaths so taltcri and subscribed by all other persons appointed to any office iuider this Act shall he forwarded by the Justice before whom thc same was taken to the said Corxmlissioner of Police,

28. &cry

person, on taking and snbscribing s ~ c h

oath as afore- Taking an 03th equi-

valent to entering

said, shall bc deemed to have thereby entered in to a written agree- in,

apeemr.nf

ment with, and shall be thereby boood to serve Her said hfajcst4y,

260 & 27" VfCTORIE, No. 10.
Police Act.--1863.
as a member of the police force, ancl in the capacity in which he shall have taken such oath, at the c~urrcnt rate of pay for such member, and until legally discharged, from the day on which such oath shall have been taken: Provided that no such agreenlent shall be set aside, for want of reciprocity: Provided further, that such agreement irlay be cancelled at any time by the lawful discharge, dismissal, or other removal from office of any such person, or by the resignation of any such person being accepted by the Coin- missioner of Police of the said Pmviirce, or other person acting in his stead.

Punishnlcnt forthing	24. Any constable or other lneix~ber	of the Police Force who shall
brihe, &c.

take any bribe, pecuniary or otherwise, either directly or indirectly, to forego his duty as such constable, or who shall in any rnanner aid, abet, assist, or connive at the escape, or any ntteiilpt or prcpwatiori to escape, of any prisoner from any gaol, or 0 t h place in wllich any such prisoner inay be legally confined, or otherwise in lawfill custody, or who shall desert his post, or assault his snperior officer, shnll fbr eve, y such offence, without prcjudicc to any other lneilaltics or ptlnishnxnt to whicli he shall by law be liable, upon conviction thereof before any Justicr of thr Pcacc, forfeit and pay 3 penalty not exccrding Ten l'ot~nds, or, in the discretion of such Justicc, bo ini- prisoneii ancl lirpt to hard lnbor f'or any period not csceecling three calendar months.

Cmt.nt le not to W-

215.

NO constable sllall resign his ofice or n'ith(1rw hilnself froin Com~nissioner of Police, or until +he dmll h a ~ c

sign without leave or	the	clntirs	thereof,	~uiless c s p ~ s s l v	allowctl to do so b j the said
noti~c.

givcn to such
Comniissioner one calendar n~ontll's notice, and evcry constable who so resigns 01- withc1z.am.s himself nithont such lcavc or notice, shall be linblc to forfeit all arrcnrs of pay thcn dne to him, or to a, penalty of not illore than Fivc Pounds, or, in thc discretion of' the Justice of the Pmcc Before whom he shall be convicted, may be coinmitted to

prison for a period not cxceedirlg fourteen ciajs.

Constnbles disrnisec(4

26. Every constable who is disnlissctl f ~ m

or ceases to hold

to dt4ivcr I I ~

accou-

trcmenta, &C.	his office shall forthwith d ~ l i w r uvcr to the said (:ornmissioner
of Police, or to such person, and at such time and place as the said
Cominissioncr of Police ciirccts, a11 the clothing and accoutre- ments, appointments, and other property whicli ha& been supplied to him for the cxccution of his duty, undrr pain of imprisonn~eilt,
with or without hard labor, for m y time not exceeding two inontlis; and any Justice of the Peace inay issue his warrant to search fur and seize a11 the clothing, accoutrcinents, appointments, and property not m delivered over, wherel-er the same are fozmcl.
Consfa1i1c8 subjcct to

duty in any part of

27. Kotmithst nnding the proclainntioil of any Police District the

the I'rovincr. na if no ~011stables belon~ing.

the

~ ~ o l i c e

force who mav be stationed in

l'O'i'c'istrlcthnd

een pro1 lairned.

any such district shjll conti&c as part of the for&, and be subject

to the same authority, and be liable, if required, to perform the same

dpty in any part of the said P~ovince or elsewhere, as if no such Police

District had been proclaimed; and if any of the Police Force be

employed
P P

26O & 227" VICTORIX, No. 10.

1 L)

Police Act.-1863.

employed beyond the limits of

the said Province, every constable so Constnhlcs employed

employed shall be amenable to and obey in all respects the lawful out of thc Province to	obey ordcrs and per-
form duties as if with-

commands of his superior officers, and shall be liable to the same in	. the Province.
penalties, forfeitures, and punishments, in all respects, for any neglect or violation of duty, in any service in which he may be so employed beyond the limits of the said Province, in the same manner as though such neglect or violation of duty had been committed within the said Province.

28. Every person, not being at the time a constable who shall penalty

ting or attemptiug

for

persona- to

have in his possession any article being part of the clothing, ac- bribe coutables.
coutrernents, or appointments, supplied to a constablc, and who shall
not be able satisfactorily to account for his possession thereof, or
who shall put on the dress, or take the name, designation, or cha-
racter of any person appointed a constable, or shall give, or offer, or
promise to give, any bribe, recompense, or reward, or shall make
any collusive agreement with any member of thc police forcc, to
induce him to neglect his duty, or conceal or connive at any act
whereby any rule, order, or regulation in force in the said Province
may be evaded, and every person so offending, and whether such offer
be accepted or performed or not, shall in addition to any p,unishment
to which he may be liable for such offence, forfeit for any such
offence, on summaiy conviction before any Special Magistrate or

Local Co~zrt,

any sum not exceeding Ten Founds,

missioner of Police, or other officer or member of the policc fcfcrw, of aypointmonk

29. If any question shall arise as to the right of the Corn- Repute to bo ev;dcnce

to cxccute his officc!, common reputation shall to all intents and purposes be deemed sufficient evidence of such right, and it shall not be necessary t o produce any written appointment, or any oath, affidavit, or other document, or mattcr whatsoever, in proof of such right,
30. The holder of any licence to sell or dispose of ferrncntccl or *cnaMon publi(:ans

spirituous liquors, who shall, by himself or his servants, permit any during the houm of

harboring policcneu

constable to become intoxicated on his premises, or to be supplied hty+
with fermented or spirituous liquors whilst intoxicated, or whilst on
duty, knowing him in every such case to bc a constable; and any
person who shall knowingly harbor or entertain any man belonging
to the said police forcc, or pcrmit such man to abide or remain in
his house, shop, room, or other place during any part of the timc
appointed for his being on duty elsewhere, every such person being
convicted thereof shall, for every such offence, forfeit and pay a
sum not exceeding Five Pounds.

3 1. Every constable who shall be guilty of any neglect or violation	P e s W on constublea
fur neglect of duty.

of duty in his officc of constable shall bc liable to a penalty of not more than Five Pounds, the amount of whiclri penalty may be deducted from any salary then due to such offender; or may be imprisoned, with or without hard labor, for any time not more than one calendar month, upon conviction before any two or more Justices: of the Peace.

32, If

26"

27" VICTORIX, No. 10,

Police

A c t. 1 8 6 3.

As8nu1t On poliecnlcn.

32. If any person shall assault or resist any person belonging to

the said police force in the clrecution of his duty, or shall aid or Incite

m y person so to assault or resist, every such offknder being convicted

thereof shall, for every such offence, forfeit and pay u mm not exceeding Ten Pounds, or may, at the discretion of two or more Justices of the Peace, be committed for trial before any other coin- petent Court; and in case any person s l d l disturb or hinder any

Obstr~~ctiona

to con-

stables.

constable, peace officcr, or othcr pcrson in thc execnt,ion of this Act, or shall be aiding, abetting, or assisting in so doing, every such offender shall, for every such offence, forfeit and pay any sum not cscecding Five Pounds, and in default of paymmt forthwith, shall be liable to imprisonment in any gaol in the said Province fur any time not rxceeding two calendar months, or until such fine be paid.

Inspccto:~, Sub-

33. Any Inspector, Sub-Inspector, or any non-commissiolled officer belbngiug to the police forcc shall have power, by virtue of his office, to rriter at all times, with such coilstables as Le shall think

lnspcctars, &c , may

b a r d vcsselu,

necessary, as well by night as by day, into and upon every ship, boat, or other vessel (not b e q then actually employed in Her Majesty's

service) 13 ing in any ritror or creek, or any dock thereto adjacent,

and iiitr c v n y part of s l~ch

vessel, for the purposc of inspecting, and ''

upon occasion directing, tlrc conduct of any constable who may be statioaecl on board of any such vessel, and of iilspecting ancl observing the conduct of' a l l othcr persans w l~o sliall be employed on board of an) such vessel in 01. about the lacling or unlacling thereof, as the c:se i11lt-y be, a i d for the purpose of' taking all such measures as may be necessary for proriding against fire and othcr accidents, arid yrescrving peacc and good order on board of any such vessel,

and for the efikctual prcvcntioli or detecfion of any felonies or

inisdenir.a~iors.

Ir.spcrto~s, sl1b

34.

Ewry Inspector, Sub-In~pector,

or other officcr as aforesaid,

I E S ~ I C C ~ O ~ ~,

Be., t o

belonging to ihc police force, h:~ring just cause to suspect that any

apPrL'hPnd

and sch iPo

stalen p r ~ l t ~	on	fi:lony	l i u ~	been, or is about to be, committed on board of any
board ship.

ship, boat, or otller T ' C S ~

lying in any river, dock, or creek, may

cnter at all tinies, as vcll by night U 2s by day, into and upon every such hip, boat, or other vessel, and therein take all necessary 112 c a s u e d f o r tlie r ffectunl prcv&ion or dctcction of nl l fcloni& ~r hich lie has just cause to s u s p t to hare been, or to be about to be committed in or upon such rivers, doclis, OY creeks, and may and shall take into custody a11 persons suspected of bcing concealed in such feloilies, and also take charge of all property suspected to be stolen.
Justices upon infw -

mation on oath, or	85. In all cascs whcrc i t shall be niadc to appcar to any Spccial ithgistrslte or ~ W O	Justices of thc Peace, up011 the oath of any
atherwrisc, that dis.

f n r b a n ~ c s c x i s t ~

or are creditable witness, that any tumult, riot, or felony llatli taken

npprehended, mny

anpoint sprcial ton-

place, or may be reasonably apprehcndcd in any town or district,

stab!us.

and

26" & 27" VICTORIB, No. 10.
Police Act.-1 863.
and such Magistrate or Justices shall be of opinion that the ordinary constables or officers appointed for preserving the pcace are not sufficient for the preservation thereof and for the protection of the inhabitants and the security of the property in the said town or district, or where, without such oath or evidence as aforesaid, any Special Magistrate, or two Jnstices of the Peace shall be of opinion that the constablcs or officers aforesaid are not sufficient for the preservation, protection, or security as aforesaid, or for the aypre- hension of any offcndcrs, it shall be lawful for such Magistrate or Justices to appoint, by prccept in writing under his or their hand or hands, so many as he or they shall think fit of the householders or other persons (not leplly exempt from serving the office of constable) residing in such town or district as aforesaid to act as special con- stables for such time and in such manner as to the said Special Magistrate or Justices respectively sliall seem fit ilild necessary for the public peace, arrd for the protection of the inhabitants, arid the security of the property in such town or district; and the Special Magistrate, or my of the Justices who shall appoint any special con- stables by virtue of this Act, or any Justice of the Peace having jurisdiction in snch town or district, is hereby authorized to admi- nister to every person so appointed the following oath, that is to say---
" I, A. B., do smar that I will wc11 and truly serve Lur Sovereign Lady the Quecn in the office of special constable for the town or cllistrict of, without f'itvor or affection, malice or ill mill, and that I will to the bcst of my powcr cause thc peace to be kept and prcservccl, and prevent all offences against the persons and properties of Her Majesty's subjects, and that while I continue to hold the said ofice I will, to the best of my skill and lmowlcdgc, discharge all the duties

thereof ftlitllf~dly

accorcling to law-So

help me God."

Provided always that whenever it shall be deemed necessary to	appoint such special constables as aforesaid, the notice of such
appointnient, ancl of the circnmstanccs which have rcndercrl such
nppointineiit necessary s l d l be hrtllwith tra~lsnlitted by the Special 31agistrate or Justices making such appointment to the Chief h x e - tary.

36. Such Special Rhgistratc, or Justice of the Peace who shall Juaticea may make

regulatiouv f i r special

have

appointed

any

special constables niicler

this

i ir t, s l d l have

c, s ta~~ ,8, ,, ,dmaJ

power to make such orders a~:d regulations as inay from time to time rcnlovc
be necessary and expedient for rendering such special constables
more efficient for the preservation of the public peace, and shall
also have power to remove a!ly such special constable from his
office for any misconduct or neglect of duty therein.

37. All pevsons willing to act as special constables under the rcrsons may act as

specid constablee in

provisiaos of this Act, shall be capable of bcing appointed and ilct~ng,	.Itbough
alld may be appointed and act as such slminl, constables, notwith- not resident.

standing

26" & 27" VICTORI-B, No. 10.
Police Act.--1863.

constallus.

apcbl standing they may not be resident in such town or district as aforesaid, or in the neighborhood thereof; and any person appointed and acting as special constahle under the provisions of this section shall have all the same powcrs and be entitled to, and enjoy all thc same privileges and benefits, and be subject to all the same duties and liabilities as any constable duly appointed now has within this Province.

Penaltyforrefusing

to take the .oath of

38. If any person residing within snch town or district, being appointed a special constable, shall rehse to take the oath when thereunto required by the Special Magistrate or Justices of the Peace so appointing him, he shall, m conviction thereof in a sum- mary way, befbre the Magistrate or Justices so requiring him, forfeit and pay any sum of money not cxcceding Five Pounds, and if any person being ~ppointed a spccial constable shall neglect or refuse to appear nt the time and place for which hc shall be summoned for the purpose of taking the oath, or having been appointed as special constable and being called upon to serve, shall neglect or refuse to serve as SIIC!~ special constable, or to obcy such lawf~ll orders and directions as may be given to him for the perforraance of the duties

ofiice.

of his office, cvery persca so oflending shall, on convictioii thereof

in a summary way, before any two Justices of the Peace, forfeit and pay f i r any such neglect any sum of money not exceeding Five You~ds, unless such pcrson shdl prove to the satisf'action of the said Justices that he was prevented by sickness or other such unavoidable cause, as shall in the judgment of the said Justices bc a sufficient excuse.

Power to discontinue

services of special

39. The Special Magistrate or Justices, who shall hare appointed any special constable are hereby empowered to suspend or cletermine the services of a11 or any of the said special constables caUcd out by them, as to the said Special Magistrate or Justices respectively shall secm meet, and notice of such suspension or determination of the

constirblcs.

the Chief Secretary.

services of any special constable shclll be forthwith transmitted to

Si>oain1 constn~es to 40 Everv spccial wmstable shall forthwith after the expiration of
deliver up staves, &c. his office, a i d after he shall cease to hold and escrcise the same,
deliver over to his successor (if any such shall have been appointed), or otliertviso to such person and at such time and place as may be directed by the Special Magistrate or Justices who shall have appointed him, a11 arms, staves, weapons, and other articles which shall have been provided for such special corlstable; and if any such special constable shall omit or refuse so to do, he shall, on conviction thereof before two Justices of the l'cace, forfcit and pay for such ofknce such sum of money, not exceeding Ten Pounds, as to the convicting Justices shall seem meet.

~ena l ty

for neaaultin~

or resibting special	4 1 . If any person shall assault or resist any special constable whilst in the execution of his office, or shall promote or encourage any other pcrson so to do, every such person shall, on conviction
constab1,lcs.

thereof
26" & 27" VICTORIX, No. 10.

Police

A c t. 1 8 6 3.

thereof in a summary way before two Justices of the Peace, forfeit and pay for such offencc any sum not exceeding Ten Pounds, or shall be l i~b le to such other punishment, upon conviction on any indictmcnt or infurmation for such offcncc, as any persons are liable to, for assaulting any constable ill the execution of his office.

Governor in Council

42. The Gov&iior, with the advice of the Executive Council,

may direct reasonable

may, upon the recommendation of the Special Magistrate or Justices	allowances to be paid
of the Peace by whom such special constables shall have been ap-	to special constables.
pointed, order, from time to time, such reasonable allowances for their trouble, loss of timc, and espcnscs, to be paid to such spccial constable who sflall have served or be then serving as he may clccm proper; and he may further order the payment of such expenses as may have been incurred in providing arms, staves, weapons, or other nccessary articles for such special constables.
43. Any constable belonging to the police force, witbout any warrant, shall apprehend any person whom he shall find clrunli in
the streets or public places, at any hour of the day, and shall appre-
hend all loose, idle, drunken, or disorderly persons whom he shall find disturbing the public peacr, or whom' hc shall haw just cause to suspect of having committed or being about to commit any felony, rnisdemennor, or offence, or of any evil designs, and all persons whom he shall find between sun-set and t,he hour of eight in the

forenoon, lying or loitering=

in any street, highway, yard, or o t i ~

place, and not giving a satisfactory account of thcrnsclves; and shall deliver any pcrson so apprehended into the custody of the constable who shall bc in attcndancc at the nearest police station, in order that such person may be secured until he can be brought before a Justice of the Peace, to be dealt with according to law, or give bail for his appearancc before a Justicc of tllc l'cace, if thc constable shall

deem it prudent to take bail in the manner hereinafter mentionecl.

Constables attead,ng

44. Where any person found lying or loitering about as aforcsaid, or charged with any petty misdemeanor, siidl be brought without	at the police staticn
in the night may lake bail by recogniznnie
the warrant of a Justice of the Peace into the custody of any con-	from persms brmght
stable, during his attelldance in the night-time at any police station,	before them for petty misdemeanors ; sut h
such constable may, if he shall deem it prudent, take bail by recog	rec3gnizanco CO be conditioned fcjr the
nizance, with or without sureties, as the said constable shall think	appearance 0:' the
fit, without any fee or reward from such person; and every recog-	parties before a Ma-
nizance so taken shall be of equal obligation on the parties enteriilg	gistrate.
into the sanze, and liable to the same proceedings for the estrehting thereof, as if the same had bccn taken bcfore a +Justice of the Pcace; and the constable shall enter into a book, to be kept for that purpose
in every policc station, the name, residence, and occupation of the
party, and his surety or sureties (if any), entering into such recog- nizance, together with the condition theieof, and the sums rcsp&- tively aclmowledged, and shall lay the samc bcfore such Justice as shall be preterit at the time and place when and where the party is required to appear; and if the party does not appear at the time and

place

26O & 27TICTORIiE, No, 10,

Police Act.-1863.
In

ance, recognizanc'c to

of appear- place required, or within one hour after, the Justice shall cause a

bc forfeitd. record of such recognizance to be drawn up and signed by the
Tirnc of hearing may constable, and if the party not appearing shall apply by any person

~ J C	postponccl.	on his behalf to postpone the hearing of the charge against him, and the Justice shall consent thereto, the Justice shall be at liberty
to enlarge the recognizance to such further time as he slmll appoint;
and when the matter shall be heard and determined, either by the dismissal of the case or by binding the party over to answer the matter thereof, or otherwise, the recognizance fbr the appearance of the party before a Justice shall be discharged without fee or reward.

hend any offender 45. Any constable, and a11 persons whom he shall call to his	c ~ n s t ~ b l e s m a ~ a ~ ~ r c -
whoso name and re+- assistance shall take into custody, without a warrant, any person dence is Itnown. who, within view of such constable shall offend in any rnanner

against this Act, and whose name and residence shall 'bc unknown
to such constable, and cannot be ascertained by such constable.
Power to police con-

stahlcs and pcrsons

46. Any pcrson found committing any offence punishable cithcr

~ipon

indictment or as a rnisderneanor upon summary conviction,

ngg,is'ic~ta nppred
hen3 certain offenders. may be taken into custody without a w:urant by any constable, or may be apprehended by the owner of the on or mith respect to which the offence shall be committed, or by his servant, or any person allthorized by him, and may be detained until he can be delivered into the custody of a constable, to be dealt with accol-ding to law; and cvcry such constable mzl? also stop, search, and detain any vessel, boat, cart, or carriage, in or upon which there shall be reason to suspect that anything stolen or unlawfully obtained may be found, and also any person who may be reasonably suspected of having or conveying in any maiiner anything stolen or unlawful1 y obtained; and any person to whom any property shall be offered to
be sold, pawned, or delivered, if he shall have reasonable cause to

suspect that any such offence has been committed with respect to such property, or that the same, or any part thereof, bas been stolen

or otherwise unlawfully obtained, may apprehend and detain, and,

as soon as may be, delivcr such offender iuto the custody of a

constable, together with such property, t~ be dealt with according

to law.

firsoi~s

charged with

rcccnt assaults mrty bc	47. Any constable may take into custody without warrant any have good reason to believe that such assault has been commit,tecl, although not within view of such constablc, and ihat by reason of thc recent commission of the of&nce a warrant could not have been obtained for the apprehension of the offender.
nppr&cn&,a	person who shall be charged by any other person with committing
trarraut.	any aggravated assault, in every case in which such constable shall. -.
A prehension of	48. Any.person whosoever with or without warrant may appre- hend any person who shall be found offending against this Act, and forthwith tdie and convey him before a Justice of the Peace, to be dcalt with in such manner as herein directed, or deliver him to any constable or other pence officer of the place where he shall lm-e
o&ndem.

been
2 6 O & 27" VICTORIB, No, 10.
Police Act.-1863.
been apprehended, to be so taken and conveyed as aforesaid, and any constable who shall refuse or wilfully neglect to take such offender into custody or to take and convey him before a Justicc of the Peace, or who shall lrot use his best cncleavors to apprehend and to convey him before a Justicc of the Peace, shall be deemed guilty of a neglect of duty and shall, on conviction, be punished in such manner as herein directed.

that any person hath committed or is suspected to have committed hcnd offcuderu.

49. Any Justice of the Peace, upon oath being made before hini warrants to nppre-

any offencc against this Act, rnay issue his warrant to apprehend and bring before him or some other Justice of the Peace the person so charged, to be dealt with as directed by this Act.

50. Every person who shall be found drnnk in any strcct or public penalty on drunkrn-

ness.

Drunkards

thorouglrfare, shall forfeit and ply, on conviction, for cvery such guilty o f riotons or
offence, a penalty not exceeding One Pound; and every 11erson who i"'l~'c~'"t hhtlvillltr m y be iniprisoned,
while drunk slmll be guilty ot any riotous or illdecent behaviour,
and also every person \;h0 &all beguilty of any violent or indcccnt
bchavio~n in any police station, slrall be liable to a penalty of
not morc than Forty Shillings for every such offence, or may b e
committed to any gaol in the said Province for any time not more
than seven days.

51. Every person who shall be brought before any Justice of the rerbons suspcctcd or

Peace, charged with Ilaving in his possession, or conveying in any Laviilg stolcn goods.
manner, anything which may be reasonably suspected of being
stolcri or r~nlawfully obtained, and who shall not give an account to
the satisfaction of such Justice, how he came by the same, shall be
deemed guilty of a rnisdemeanor, and shaU be liable to a pnal ty of
not more than Five Pounds, or may be imprisoned in any gaol in
the said Province, with or without hard labor, for any time not
exceeding two calendar months.

52. Any individual who shall offend against decency, by the Penalty on indecent

exposurc c~f

the pcr-

exposure of his person in any street or public place, or in the view ,,,.
thereof, shall, on conviction before any Justice of the Peace, forfeit
and pay for every such offence a sum not exceeding.Ten Pounds,
or shall be corrimitted to gaol, there to be kept to hard labor for any
time not exceeding one calendar month.

53. Any person who shall be convicted of wantonly or maliciously Jnjurin~:

or extin-

guishing lamps,
breaking or injuring any lamp or lamp-post, or extinguishing any lamp set up for public convenience, shall, over and above the neces- sary expense of repairing the injury committed, to be estimated by
the Justice before whom such offender shall be brought, forfeit and
pay upon conviction for every such offence any sum not less than
Onc Pound nor exceeding Five Pounds.

54. Any person 'cvlro shall sing any obscene song or ballad, or Q"~enifs-.

write or draw any indecent or obscene word, fignrc, or rcprcsen-
tation,
26" & 27" VICTORIB, No. 10.
Police Act.-1863.
tation, or use any profane, indecent, or obscene lnng~age, or any common prostitute or street-wnllrcr who shall solicit, importune, or accost any person or persons for the purpose of prostitution in any public street, road, thoroughfare, or placc, or within the view or hearing of any person passing therein, and any person who shall
use any threatening, abusive, or insulting words or behaviour in any
public street, road, thoro~ghfme, or place, with intent to provoke a breach of the peace, or whereby a breach of the peace may bc occasioned, shall forfeit and pay on conviction any sum not esceed-
ing Two Pounds, and in default of immediate payment shall be
committed to gaol for any period not exceeding one calendar month.

Challenge to fight.	55. Any person who shall send or accept, either by word or letter, any challenge to fight for 1iioney, or shall engagc in any prize-fight, shall forfeit and .pay a sum not less than Two Founds, nor more than Twenty Pounds, and in default of payment, may be imprisoned, with or without hard labor, for any term not esceecling three cdendar mouths, and the convicting Justice or Justices may, if he or t.hey s h ~ l l think fit, also require the offender to find sureties for
keeping the peace.
Id10 and dieordcrly
pcrsons.	56. Any person who shall roiiirnit any of the nesl; fohwing offenccs shall bc deemcc1 1211 idle anti disorderly persoil within the meaning of this Act, and shall be liable to the punishinent next hereinafter mentionecl-

First-Any

person having no visible lawful means of support or insufficient lawful means of support, who being tl~ereto re- quircd by any Justice of the l'cace, or who having bccn duly s~unmoned for such purpose, or brought before any Jus- tice, shall not give a good account of MS means of support to the satisfkction of such Justice:

Seco~&--Any person not bcing an aboriginal native, or the child of my aborigiual native, who, being fonid lodging or wan- dering in company with any of the n.borigintl1 natives of the said Province, and being thereto required by any Justice of the Pence, sliall not give a good account to the satisfaction of su& Justice that he hath a lt~wful fixed place of resi- dcnce and lawful means of support, and that such lodging'or wadering hath been for somc temporary and lawful occaslon 011ly:

Third-Any

person mnndcring abroad, or placing himself in any public place, street, highway, court, or passage, to beg or gather alms, or causing, or procuring, or encouraging any cldd so to do:

Fourth-Any

person found by night with any gun, pistol, sword,

bludgeon, or any offensive weapon or instrnmcnt, who, beiilg thereto required, shall not &ire a. good account of his means of s~~pport, and assign a vdld ancl sdtisfactory reason for his

being so armed:

Eift h-

26. & 270 VICTORIB, No. 10.

Police

A c t. 1 8 6 3.

Fifth-Any

person having on or about his person, without lawful

excuse, the proof of which excuse shall be on such person,

any deleterious drug, or any article of disguise:

Sixth--Any habitual drunkard having been thrice convicted of drunkenness within, the preceding twelve months, and any common prostitute, who, in any street or public highway, or being in any place of public resort, shall behave in a riotous or indecent nmnner:

Seventh -The

occupier of any house which shall be frequented bp

reputed thieves, prostitutes, or persons who have no visible
lawful means of support:

Eighth-Every

common prostitute or night-walker, loitering or

being in any thoroughfare or public place for the purpose of prostitution or solicitation, to the annoyance of the inhabitants or passengers:
Shall be liable to imprisonment in any gaol of the said Province
for any time not exceeding two calendar months with or without
hard labor.

57. Any person who shall commit any of the next following Itoguesandvagaboak

offences shall be derned a rogue and vagabond within'the meaning of this Act, and be liable to the punishment nest hereinafter znentioned-

First-A-ny person committing any of the offences hereinbcfore mentioned, having been previously convicted as an idle and disorderly pcrson:

Sccond-Any

pcraon soliciting, gathering, or collecting alms,

subscriptions or contributions, under any false pretence:

Third-Any

person imposing or endeavoring to impose upon any fraudulent representat,ion, either verbally or in writing, with

charitable institution or private individual, by any false or

a view to obtain money or any other benefit or advantage:

Fourth-Any

person having in his custody or possession without

lawful excuse (the proof of which excuse shall be on such pcrson), any picklocli, key, crow, jack, bit, or other imple- ment of houscbreaking:

Fifth-Any

person wilfully exposing to view in m y street,

road, thoroughfare, highway, or public place, or who shall ex-
pose, or causc to be exposed in any window, or other part of m y shop or other building situate in any street, road, thorougllfare, public place, or highway, any obscene book, print, picture, drawing or representation:

Sixth-Any

person wilfully and obscenely exposing his person in

any street, highway, road, or public highway, or in the view
thercof, or in any place of public resort:
Seventh-
2 A
36" & 2P VICTQRIB, No. 10.

Police

A c t. 1 8 6 3.

L

Seventh-Any	person playing or betting at any unlawful game:
Eighth- -Any	person playing or betting in any street, road, high-

way, or other public place, at or with any table or instrument
of gaming, at any game or pretended game of chance:

Ninth-Any

suspected person or reputed thief frequenting any

river, canal, navigable stream, dock, or basin, or any quay, wharf, or warehouse near or adjoining thereto, or any street, highway, or avenue leading thereto, or any place of public resort, or any avunue leading thereto, or any street, high- way, or place adjacent, with intent to commit felony:

Tenth-Any

person apprehended as an idle and disorderly per- son, and violently resisting any constable or other officer so apprehending him, and being subsequently convicted of the offence for which he shall have been so apprehended:

Shall be liable to imprisonment in any gaol in the said Province with or withouz hard labor for any time not exceeding three calendar months; and every such picldock, key, crow, jack, bit, and other im- plement, ar_d every such gun, pistol, sword, bl~ldgeon, and other

offensive weapon and instr~~ment

as aforesaid shall, by the conviction

of the offender, become forfeited to Her Majesty.

Incorrigible rogutfi*

58.

Any person who shall commit any of the next following offcnccs

s l d l be decmcd an incorr!eible rogue, and be liable to the punish-

ment next hereinafter speclhed-

First-Any

person who shall break or escape out of any place of

legal confinement before the expiration of thc term for wllich

he shall have been committed:

Second-Any

person committing any offence which shall subject

him to be dealt with as a rogue and vagabond, such pcrson
having been previously convicted as a r o p e and vagabond:

Third-Any

person apprehended as a rogue and vagabond, and violently resisting any constable or other peace officer so ap- prehending him, and being subseql~ciltly convicted of the offence for which he shall have been so apprehended:

Shall be liable to imprisonment in any gaol in the said Province for any teim not exceeding one year with hard labor: Proviclecl that nothing shall prevent such offender being committed to the nearest gaol, there to remain until the next sitting of the Local Court, or the next criminal sittings of the Supreme Court, to be held in the said Province, or nearest to where the said offence shall have been committed; and every offender who shall be so committed as afaresaid shall be there kept to hard labor during the pcriod of his impiisonmen t.

LOCAL

PROVIS~ONS

TO BE I N FORCE IN CERTAlN PLSCES

UPON

PROCLAMATION,
Prohibitiotl of nui-

ranose by pemna ia

89. Ally person shall be liable to a penalty not more than Forty

the thmughfarea.

Shillings

26" & 270 VICTORIB, No. 10.
Shillings who shall in any street, road, or public place commit any of the following offences, that is to say-

First-Every

person who shall, to the annoyance of the inhabitants or passengers, expose for show or sale (except in a market lawfully appointed for that purpose), or fced or fodder any llorse or other animal, or show any caravan containing any animal (hackney carriages and horses on any public stand excepted), or my other show or public entertainment, or shoe, bleed, or farry axy horsc or other animal (except in case of accident), or clean, dress, exercise, train, or break any horse or animal, or clean, make, or repair any part of any carriage or cast, exccpt in cases of accident where repair on the spot is necessary:

Second-Every

person who shall turn loose any horse or cattle,

or suffer to be at large any unmuzzled ferocious dog, or set
on or urge any dog or other animal to attack, worry, or put
in fear any person, horse, or other animal:

Third--Every person who by negligence or ill usage in driving cattle shall causc any mischief to be done by such cattle, or who shall in anywise misbehave himself in the driving, care, or msiiagement of such cattle; and also every person not bzing hired or cmployed to drive such cattle who shall wan-

tonly and unlawfully pelt, hurt, or drive any such cattle:

Fourth-Every

dri-ver of any waggon, wain, cart, or dray of any

kind who shall ride upon any such carriage in any street 01 public place, not having son;e person on foot to guide the same (such as are drawn by borscs and properly driven with reins only excepted); or the drivcr of any carriage what- soever who &all wilfully be at such a distance from such carriage, or in such a situation whilst it shall be passing upon such strezt or pnblic placc that he cannot haw the direction ancl government of the horses or cattle drawing the same; or	any person who shall ride upon the shafts of any waggon,	cart, dray, or other carriage whatsoever, or the driver of m y
waggon, cart, dray, coach, or other carriage whatsoever meet-
ing any other carriage, who shall not keep his waggon, cart,
dray, coach, or carriage on the left or near side of the road; or any person who s1laI.l i11 any manner wilfully prevent any other person from passing him or any carriage under his care upon such street or public place, or by negligence or misbe- haviour prevent, hindcr, or interrupt the fiee passage of any carriage or person so in or upon the same:

Fifth--Every person who shall cause any cart, public carriage, truck: or bxrrow, vith or without horses, to stand longer than may br? necessary for loading or unloading, or for taking up or setting down passengers (except hackney carriages stand- ing for hire in any place not forbidden by law), or who by means of any cart, carriage, truck, or barrow, or any horse or

other

Police Act.-1863.
other animal, shall wilfully interrupt any public crossing, or
wilfully cause any obstruction in any thoroughfare:

Sixth-Every

person who shall use any threatening, abusive,

or insulting words or behaviour, with intent to provoke a breach of the peace, or whereby n breach of the peace inay
be occasioned:
Sewn th- - Every person who shall wantonly discharge any firearm, or burn any shavings or other things, or throw or discharge any stone or otlre; missile to the damage or danger of any person, or make any bonfire, or throw or set fire to any firemorlr, without as respects any such bonfire or firework made, thrown, or set fire to within the limits of any Rdunici- pal Corporation or District Council, havii,g the consent of the Council thereof:

Eighth-Every

person who s h l l wilfidly and wantonly disturb

any inh&itant by pulling or ringing any door-bell, or knocking at any door without lawful excuse, or who shall wilfully and unlawfully extinguish the light of any lamp:

Ninth-Any

person who sllall fly any kite, or play any game to

the annoyance of the inhabitants or passengers, in any street
or other thoroughfitrs, to the conlrnoil danger of the pas-
sengers:

Tenth-Any

persoil who shall ride or drive through any street or

public place so negligently, carelessly, or furiously, that the

safety of any other person might thereby be endangered:

No swine or goats to	Eleventh-Any	person who slmll suffer any lrind of swine, or
be suffered to wander

about the streets.	goats, belonging to him, or urder his charge, to stray or go about, or to be tethered or dcpastured in any street or public place.
Hog-~tyea and nui-

sauces not removed on	60. In case any privy, hog-stye, or any other thing, shall, at any time or times hereafter, be or become a nuisancc io anv of the inhabitants, i t shall be lawful for any two Justices of t lk Peace,
com~laint.
or any Special Magistrate, upon complaint thereof to him made by
any such inhabitants, and after due investigation of such complaint,
by notice in writing, to order that every or any such privy, hog-
stye, or other matter or thing being a nuisance, shall be remedied and removed within seven days after such notice shall hm7e becii given to the owner or occupier of the premises wherein such 'nuisance shdl exist, or shall hare been left for such owncr or occupier at his or her last or usual place of abode, or on thc said premises; and cvery such occupier neg?ecting to remedy or remove such nuisance, pursuant to such notice, and to the satisfaction of such Justices or Special Magistrates, shall forfeit and pay, on con- viction before such Justices or Special Magistrate, the sum of' Ten Pounds for eveiy such neglect and disobedience; and also it may
be lawful for such Justices or Special Magistrate to lay information
or prosecute for such nuisance sach persons so neglecting or dis- obeying

26" & 27" VICTORIB. No, 10.

Police

A c t. 1 8 6 3.

obeying any such notice, at the then next sitting of the Local Court nearest thereto; and such persons being found guilty thereof, such nuisances shall be removed, taken down, and abated, according to law, with regard to common or public nuisances; and the person so offending shall be subject to such punishment for the misde- meanor as the said Local Court shall direct.

61. Any owner or occupier of any house or place who shdl neglect to keep clean all private avenues, passages, yards, and ways, within the said premises, so as by such neglect to cause a nuisance	pGygfe ayenu*
by offelsiive smell or otherwise, shall, on conviction before any
two or more Justices of the Pcace, or a Special Magistrate, forfeit and pay a sum not exceeding Forty Shillings nor less than'l'en Shillings for every such offence.

62. KO person shall bathe near to or within view of any public Bathing prohibited

wharf, quay, bridge, street, road, or other place of public resort, within certain limitr.
between the hours of six in the morning and eight in the evening;
and any person who shall offend against this regulation, shall, - on
conviction before any Justice of the Peace, forfcit and pay a sum
not exceeding One Pound.

63. Any person who shall darnagc any public building, wall, ~2~;~agingpublio

parapet, sluice, bridge, road, street, sewer, water-collrse, or other public property shall pay the cost of repairing the same; and if the same be wilfully done, shall forfeit and pay a further sum not
exceeding Ten Pounds, nor less than Two Pounds,

64. Any person who shdl cast any filth or rubbish into any As to wate..~oourscu

water-course, or can& or &all obstruct, or divert from its channel, any public sewer or water-course, shall forfeit a sum not exceediug Ten Pounds, nor less than One Pound, and shall pay the cost of removing such filth or obstruction, or of restoring such water-course or canal to its proper channel.

65.

Any person who shall injure any public fountain, pump, cock, A Lt$&h~

P ~ I ~ U

or water-pipe, or any part thereof, shall pay the cost of repairing the same; and if the injury be wilfully done, shall forfeit a further sum not exceeding Ten Pounds nor less than One Pound; and any person who shall have in his possession any privtte key for the purpose of opening any cock, or who shall in any manner clan- destinely, or unlawfully appropriate to his use any water from any
public fountain or pipe, shall forfeit a sum not exceeding Ten
Pounds, nor less than Two Pounds; and any person who shall ' open, or leave open, any cock or any public fountain or pump, so
that the water shall or may run to waste, hall forfeit a sum not
exceeding Two Pounds, nor less than Five Shillings; and any person who shall wash any clothes at any public fountain or pump, shall forfeit and pay a sum not exceeding One Pound, nor less than Five Shillings.

66. If

any person shall drive or cause to be driven any cart or other Slop, dsbt-dZ &C.,

to be conveyed aw6y

$ B	carriqe only & m-.

26O & 27' VICTORIB, No. 10.

Police

A c t. 1 8 6 3.

carriage with any night-soil or ammoniacal liquor therein 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 shall fill any cart or other carriage SO as to turn over or cast any night-soil, ammoniacal

.	liquor, slop, mixe, or channel dirt or filth, in or upon any of the said

streets, or other public places, it shall and may be lawful for any person whomsoever to seize and apprehend, and to assist in seizing
and apprehending the offender, and by the authority of this Act, and
without any other authority or warrant, to convey him before ally Justice of the Peace; and such Justice is hereby authorized and re- quired to hew evidence, and determine upon such offence; and every such person so offending shall, for every such offence, forfeit and pay
Penalty $5.

Proviso.

the sum of Five Pounds: Provided always, that in case the person so offending cannot be apprehended, then the owner of such cart or

be liable. mire, or channel dirt, shall be put or placed, and also the ernpl.oyer

In what caseownerto carriage, in which such night-soil, or ammoniacal liquor, slop, filth,

of the person so offending, shall be liable to and shall forfcit and
pay such penalty as aforesaid.
67. If any person shall empty any privy, or take away any night- soil from any house or aremises within the streets or nublic ulaces.
Hours

night-@oil,

t c.

.. !	or shall corn; with carts b r carriages for that purpose, edcept bitweed

.. I	the hours of ten at night and five in the morning; or if any person shall put in or cast out of any cart, or tub, or otherwise any night-

.	soil, in or near any of the strErts or public places, it shall bbc lawful for any Justice of the Peacc to comrcit cvery such offender, upon

~ n d

committed to

conviction, to gaol for any time not exceeding thirty days, to he

prison,

computed from the day of commitment; and the owner of any carts,

.?;

carriages, horses, or beasts employed in and about emptying a id remo- ving euch night-soil, or coming for that purpose (mve and except within the hours hereby allowed) or the cnlployer of any person who shalt so put or cast out any such night-soil, shall forfeit and pay the sum of Five Pounds for every such offence.

Dead animalsnot 9

'be thrown into any	68, NO person shall throw or leave, or cause to be thrown or left, other public place, or into any river, creek, or dher stream which shall flow though; by, or along any surh street, lane, road, or other place, or leave or came thc same to be lcft upon the shores thereof; and any person who shall be guilty thereof, shall, on conviction, forfeit and
pblio may, GMP~, or	any dead animal, or any part thereof, upon any street, lane, road, or
n ~ e r.

, pay any sum not exceeding One Pound nor less than Five Shillings.

turf, grav4 &C.,

69. Any person who shall form, dig, or open any drain or sewer,

to be removed from

t e e

w o u p c r

or remove, or cause to be removed, any turf, clay, sand, soil, gravel,

m1~8101~

stone, or other material used in the formation of the streets, roads,

or other public highways, in or from any part of the carriage or foot- ways o f any place not included in or forn~ing part of any Municipal Corporation or District Council, without leave first had and obtained from the Police Magistrate, or who shall wantonly break up or other- wise damage the said streets, roads, carriage, or foot-ways, shall, on

. ," ..

t	conviction, forfeit and pay for every such offence any sum not ex-
1-% ..

f '

70, If

* ... a,., ..	, ceediug Fivc Pounds nor less than One Pound.
.- - .. .*.. ..

'-
26" & 27" VICTORIA', No. 10.

Police

A c t. 1 8 6 3.

Drawing or trailing

70. If any person shall haul or draw, or cause to be hauled or

timber, $c.

drawn upon any part of the streets or public places, any timber, stonc, or otl~er thing, otherwise than upon wheeled carriages, or shall suffer aiiy timber, stonc, or other thing, which shall be c a ~ ~ i e d

principally, or in part, upon wheelgd cnrriagcs, to drag or trail upon any part of such street, road, or public place, to the injury thereof:; or to hang over any part of any such carriage, so as to occupy or o b stroct thc street or road, beyond the bredth of the said carriage, every such person so offending shall, on conviction, forfeit and pay .for every such offence the sum of Forty Bhillingn, over and above the damages occasioned thereby.

Entrancce to cellars,

71. If the owner or occnpicr of any house, building, or premises, having any iron or wooden rails, or bars over the areas, or openings	coal-holee, &C., to bo
covered and secured.
to any kitchens or cellars, or other part or parts of the said house, boildinq, or premises beneath the level of the footway of any streets or public places, or having any doorway or entrance into the basement or cellar story thereof, s l d l not either keep the same, or the rails of such kitchens or cellars in sufficient and good repair, or safely and securely guard, and constantly kecp the samc securely pardcd by a rail, or cover the same over with a strong flap or trap- door according to thc nature of the case, i~!lil SO as to prevent dnngcr to any persons passing ancl repassing; or if ally such owner or oc- cupier do or shall leave oycn, or not sufficiently and substantially cover, and keep covercd and sxured, any coal-holc, or other hole, funnel, trapdoor, or cellar-flap belonging to, or connccted with, his house, building, or premises (save and except only during such re$- sonable times as any coals, wood, casks, or other things shall be putting do\xn, or taking up out of any such vault or basement story, or during such reasolmble times as thc flap, trap-door, or covering thereof shall be altering, repairing, or amending); or if such owner or occupier shall not repair, and from time to time keep in good and substantial repair, to the satisfaction of any Municipal Corporation or District Council, if situate within thc limits thereof, or otherwise	of aiiy two Justices of the Peace or' a Special Magistrate, all and	every, or any such iron or wooden rails, guard-rails, flaps, trap-doors,
and other covering, then, and in every such case, the persons neglect-
ing so to do, for every such offence, on conviction before, o i in view ofWany ~ustice of the peace, s l ~ d l fdrfeit and pay auy stun not being

less than Forty Shillings nor more than Five Pounds.

- .-

72. No person shall make any ccllar, or any opening, door, or win- CBll~rs

or opening*

ben?ath the ~urface

place, and if' any person shall offend in the premises he shall, on con-

viction before any Justice of the Peace, forfeit and pay the sum of

dow in or beneath the surface df the footway of any street OX pltblk f ~ T s p r o ~ ~ b i ~ d; such cellar, opening, door, or window made contrary to the provisions hereof, such expense to be assessed and allowed by such Justice.

78. Every person who shall have a well situated between his m e l l s b b e, ~ e d

over within one

dwelling-house, or the appurtenances thereof, and any street or foot- mon6.

way

26" & 27" VICTORIB, No. 10.

.- --

Police

A c t. 1 8 6 3.

way or at the side thereof, or in any yard or place, open and exposed
to such street or footway, shall, &thin the space of one calendar month from and after the coming into operation of this Act, cause such well to be securely and permanently covered over or otherwise secured; and if any person having such well as aforesaid shall fail to

Penalty.

cover or secure the same, as hereby required and directed, every such person shall, upon conviction, for every such offence, forfeit and pay

the sum of Two Shillings and Sixpence for every day that such well

shall remain open or uncovered contrary to thc provisions of this Act.

74. If any person shall dig, or make, or cause to be dug or made,

H01e3madef~vau1t~
QC., to be enclosed.
any hole, or leave, or cause to be lcft, any hole before any vacant ground, or beforc, or bchind, or on thc sidc of any housc, or other tenement or buildicg, erected, or being erected; or about to be erected in, and adjoining to, any street or public place, fbrmcd, or to be formed, or forming for the purpose of making any vault, or thc foundation to such house or other buildings, or for any other pur- pose .rvhatsoever, and shall not forthwith enclose the same in a good and sufficient manner, or shall keep up, or cause to be kept up and continued, any such enclosure for any time which shall be longer than shall be absolutely necessary, or shall not, when therennto re- quired by any Justice of the Peace, or surveyor, or clerk of any Municipl Corporation or District Council, well and sufficiently fence or enclose any such hole, or area, or space, opened, or left open, and intended for an area, foundation, or for m y other purpose whatsoever, in the front of, or behind, ;Ir on thc sidc of any such vacant grouud, hause, or other tenement or building, in and adjoining to any such street or public place formed, or to bc formed, or forming twenty-four hours after he or they shall be rcquircd to do so by any Justice of the Pease, or surveyor, or clerk as afbresaid, and in the nmnner, and with such materials, as he shall direct, and to his satisfaction, and shall not place a light upon the said enclosure, and lrecp the same constantly burning from sunset to sunrise, during the continuance

of such enclosure; then, every person so offending shall forfeit and

pay for every such offence, and for every such refusal or neglect,

any sum not being less than Forty Shillings nor exceeding Five

Pounds.

OFFENCES

RELATING TO STOLEN

PROPERTY.

Penalty on peraons in

75, Whenever any credible witness shall prove upon oath, before

ponyimpmperlytahn any Justice of the Pence, that there is reasonable cause to suspect

whose posnession pro-

;

stab? h f o y 4 =d

that any of the articles of property hereinafter mentioned has been

3~n$~~tonly	y-	taken or stolen, and is to be found in any house or other place, it
shall be lawful for such Justice to issue a warrant to search such house or place for such property, and any person in whose possession or on whose premises any of the said articles of property shall be found by virtue of any ~ & h search-warrant (or by any member of the police force when executing any warrant, or otherwise aeting in
the discharge of his duty), and who shall not satisfy the Justice

,	beforc whom he shall be brought that he came lawfully by the same, or that the same was on his plemises without his knowledge or

assent

26" & 27" VICTORIx,

KO. 10.

Police

A c t. 1 8 6 3.

assent, shall, on conviction of any of the nest following offences,
be liable to the punishment hereinafter specified-

First-Any

person in whose possession or on whose premises any goods, merchandize, or other articles belonging to any ship ar vessel i11 distress, or wrecked, stranded, or cast on shore, shall be so fo~znd, and who shall not satisfy the Justices that he came lawfully by the same, or that the same was on the premises without his knowledge or assent, shall be liable to it fine not exceeding Ten l'ounds, or to be imprisoned, with or without hard labor, for any term not escecding two months:

Srcond-Any

person in whose possession or on whose premises

the carcase, or the head, skin, hide, fleece, feet, or other part of any cattle, shall be so found, and ~vho shall not account for the same in manner aforesaid, shall be liable to n fine not exceeding Ten Pounds, or to be imprisoned for a tcrm not exceeding two months, with or without hard labor:

Third-Any

person in whose possession or on whose premises thc

whole or any part of any tree, sapling, or shrub, or any underwood, or any part of any live or dead fence, or any
post, pale, rail, stile, or gate, or any part tlrle~-of (being of
the value of One Shilling at thc least), shall be so found, and who shall not caccount for the same in manner aforesaid, shall pay to the paiety aggrieved the value of the articles so found, and shall also be liable to a, fine not exceeding Fivc Pounds, or to bc imprisonecl, with or without hard labor, for a term not exceecling one month:

Fourth- -Any

pcrson who shall offer or expose for salc any goods,

merchandi ze, or ar tides, which shall have been nnlawfully taken, or reasonably suspccled to ham been unlawfully taken,

from any ship or vessel in distress, or wrecked, strandcd, or

cast on dlore, as aforesaid (whether found by virtoe of a

search warrant or not), and who sh.all not account for the same in nianner aforesaid, shall pay such sum as the Justice aforesaid shall fix as a reasonable reward to the person who shall have seized thc samc, and shall also be liable to a fine not csceeding Ten Pounds, or to bc imprisoned for a tcrm not exceeding two months; and in every such case any person to whom the same shall be offered for salc, or any officer of the Customs, or inember of the policc, may lawfully seize the same, ancl shall with all convenient speed causc the same to be removed to some Justice of the Peace, and in every case it shall be lawful for the Justice by or bcforc whom the case shall be heard, to direct that such articles of property shall be delivercd over to the rightful owner if known, or, if not known, that the same shall be sold, and the proceeds thereof applied in like manncr as any penalties

~ ~ n d e r

this Act:

Provided

2 U
W &: 2T0 VICTORIB, No. 10.
Police Act-1863.
Provided that if any person shall not, under the provisions last afore- said, be liable to conviction, it slid1 bc lawful for the Justice, at his discretion, to compel the attendance bcforc him of any person through whose hands any such articles or property, orWany part thereof, shall appear to have passed, and if the person from whom the same shall have been first received, or any person who shall have had possession thereof, shall not satisfy such Justice that he came lawfully by the same, he shall be liable to the punishment herein- before specified in each case.

Penalty on cruelty to

76. Any pcrson who shall commit any of the next following

mimala.

offences shall, on colwiction thereof, be liable to the punishrncnt

hereinafter s,pecified for the cases respectively, that is to say-

First-Any

pcrson who shall cruelly beat, ill-treat, overdrive, overload, abusr, or torture, or cause or procure to be clwelly bcatcii, ill-treated, ovcr-clrivcn, over-larlen, abused, or tor- turecl, or shall omit to supply with sufficient hod or water any animal:

Second--Any

person who shall liecp or use, or act in the inanage-

inmt of any placc for thc purpose of f i~ht ing or baiting any Lind of animal, or shtt1l permit or suficr any place to be so used:

Third-Any

person who shall in any manner cncomage, aid, or assist at the fighting or baiting of any animal:

Fourth-And

m y person who shall convey or carry, or cause to

be conveyed or carried, any ariiinal in such n manner or position as to cause unnecessary pain or suffering, slrall, for every such offence be liable to a penalty not exceeding Five Pounds, or to iniprisonment with or without hard labor for any period not exceeding two calendar months:

Fifth-Any

person who shall, by cruelly beating, ill-treating, overdriving, overloading, abusing, inciting to fight, not suy- plying with sufficient food or water, or torturing any animal, do any damage OF injwy to such animal, or shall thereby cause any clamage or injurv to bc done to any person or to any property, shall, in addi tibn to such pcnalty or imprison- ment as aforesaid, pay to the owner of such animal (if thc offender shall not be the owner thereof), or to the person who shall sustain damage or. injury as aforesaid, such sun1 of money, by way of compensation, not exceeding the sun1 of Twenty Pounds, as shall be ascertained and deternlined by the Justice of the Peace by or before whom such person shall have been convicted.

Penalty on persons

77. Any person who shall commit any of the next following

destroying prop

intent to BbT, offences as to any, articles of property in this section mentioned (or

who

260 & 27" VICTORIIE, No. 10.

Police

A c t. 1 8 6 3.

or retaining or d i e

who shall receive any of the bamc, knowing them to have been	posing of property
stolen or unlawfully come by), shall for the first offence be liable to	obtained as workrnon.

the plmishment, and for any second or s~~bsequcnt

offence, to double

thc amount of punishment hereinafter specified in each case-

First-Any

person who shall steal, or damage with intent to steal, any part of any live or dead fence, or any post, pale, or rail, set up or used as a fence, or any stile or gate, or any part thereof respectively, shall pay to the yarty aggrieved the value of the property stolen, or the amount of the injury done, arid shall also be liable to a fine not exceeding Five Pounds, or to Le imprisoned with or without hard labor for

a term not excceding one calenctar nionth:

Second-.Any

person who shall steal or shall cut, break, root up,

or otherwisc dcstroy or damage, with intent to steal the whole or any part of any growing tree, sapling, shrub, or under- mood, or any growing fruit or vcgctable production, or any growing cultivntcd root or plant, shall (in case tlic value of the property stolen or thc amount of the injury done shall not EXC'WCI Five Yonnds) pay to tllc party aggrievecl the value of the property stolen or the amount of the injury done, and shall also he liable to a fiiic not exceeding Five Younds, or be imprisoned with or without hard labor for any period not exceeding one calendar month:
r 1

lhird-Any

artificer, workman, jo~mieyman,

apprentice, or other Persons offerin auoh

person who shrill unlawfnlly dispose of or retain in his pm- frg~:,!:zz.~

session without the consent of the person by whom 11c shall

be hirecl, retained, or employed, any goods, wares, work, or materials com~nitted to his care or charge (the value of such goods, ~varcs, work, or materials, not exceecling the sum of Tcn Pounds) shall pay to the party aggrieved such com- pei~s~~tion as thc Justices shall think reasonable, and shall also be liable to a fine not escccrling Ten Pounds, or to bc im-

prisoned, with or without hard labor, for a term not exceeding

t h e e cdenrlnr moritlls; and any person to whom any such property shall be offered to be sold, pawned, or delivered, if he shall have reasonable cause to suspect that m y such offence has been cominittecl on or with respect to such property, is hereby authorized to arrest without a warrant, and with all convenient speed, to carry before a rrcighboring Justice, thc pxson offering tlic sitrllc together with such property, to be tlcdt with accor~li~lg tt3 law: mcl in cvcry sllch case any such stolen propcrty shnll, by order of the Justice by whom such case shall have been hcard and tletcriniiicd be delivered over to the rightfnl owner, if known, or if the rightful owner shall not be known, tllc same shnll be sold and the yrocecds thereof applied in like muiller as any pcnnlties awarded unclcr this Act.

78. Any person who shall commit any of the next following ~17:,~~;;~f;;;~~

offences

26" &L

27'" VICTORIB, KO. 10.

Potice

A c t. 1 8 6 3.

unwl?olesomo articles

of food.

offences shall, on conviction, be liable to the punishinents hereinafter

specified in each case-

First-Any

person

~ v h o

shall sell, or offer for sale as food for

human consumption, any grain, flour, or vegetable, which in the whole or in part be spoiled, or in any manner adulterated, shall forfeit such grain, flour, or vegetable, to
be disposed of as thc Justice shall direct, and sllall also bc
liable to a fine not exceeding Ten Pounds, or to bc im-
prisoned for any term not exceedilig two calendar months:

Sccod-Any

person who shall exllibit for sale any unwhulesome

or fraudulently-preparcd provisions or food of any kind for Inan or beast. or shall prnctisc any dccrit or fraud in resllect to the qnrtlily of any such pro\ isions or food, s h l l forfeit all such provisions, to be disposed of cts the Justice shall direct, and shali be liable to a fine not exceecling Ten Pounds or to br: imprisoned, with or without hard lnbor, for any term not cxcce(1ing two calendar months; a i d it shall be lawfd for m y Justice to seize, or cause to be seized, m y of the artfclcs hcreinl~ef'ore last-nicntionecl as to which any such offence shall have been committed.
Regulation o f houses

of public resort.

79. Every pcrson v110 shall have or keep any hollsc, shop, room,

or place of public resort, wherein provisions, Ziquclrs, or rcfrcsl~ments

of any kind shall be solcl or consuiried (whether thc samc shdl be

kept or retailed therein, or procured elsemherc), and who shall

wilfully and Bnoniugly permit druilke~ness or other disorderly

conduct in such house, shop, room, or placc, or knowingly suffer any

unla\c.iiil games or any gaming whatsoever tl~crcin, or knowingly

pcrmit or suffer prostitutes or persons of notoriously bad character

be liable to a penalty of not illore than Fivc I'ouncls: Provided to meet together allcl remain therein, shall, for cvcry such offence,

aways that if the offender be a licensed victualler, this enactmexlt

shall not be construed to exempt him from the penalties or penal coaseqnences to which hc may Lc liable for committing an offence against the tenor of the liccncc to him granted.

Prnstitutes and rc-

60. Any constable may enter into any house or room kept or used

puted

tl~icves may

in the said Province for any theatrical or puLllc cntc~tainments,

reniovctl

fro111 places

of public resort. .	concerts, musical or other exhibition, or for any show of any kind whatsoever, wliether admission thereto is obtained by payment of
money or not, at any timc when the same shall be open for the
~wept ion of persons resortilig thereto, remore from such house, or roo~n any colnnlon prostit1;tC or reputed thief, or other loose, idle, 01- disorderly person who shall be found therein, 'and shall and may order any such common prostitute or reputed thief to leave trhe said housc or room, and in case such person shall refuse to leave the said room or housc, any such constable so ordering him may takc such person into custody, and every such person rema'ning i~ such house

or
r:
26" & 27" VICTORIa, No. 10.
Police Act.--1865.
or room after they shall have been so ordered to leavc s h d l be liable
to a penalty of not more than Twenty Shillings.

81. Any Justice of the Peace, upon inforination on oath that any Lodging-hous~

&c*,

may be searched.
pcrson hereinbefore described to be an idle and disorderly person, or a rogue and vagabond, or an incorrigible rogue, is, or is sosl~ecterl to
be, m any house, tent, or place, kept or puryortirig to be kept for
the reception, lodging, or entertainment of travellers or others, or that any tent, house, or place is n. disorderly house., house of ill- fame, or bawdy house, may enter the same at any time by day or night, or issuc his warrant authorizing any constable or other person in like manner to entcr thc same, and to qprchend a i d briilg before him, or any other Justice of thc l'cacc, ewry such idle and disorderly person, rogue ancl vag,zbond, or incorrigiblc rogue. as shall he found therein, to be dealt with in the manner herein directed.

82. All coiistablcs and officers of police inay enter into any house, Empo\vcring consta-

room, prcmiscs, or place where any pnblic table or board is kept for bles to visit ~OUSOS.
playing Filiiards, bagatelle, bowls, fives, racket, quoits, sltittles, or
ninepins, or my game of the like kind, when and so often as such
constable and officer shall think proper,

83. Every person who shall by any fraud or unlawful device, or Cheating nt play.

ill practice in playing at or with cards, dicc, tables, or othcr game, or in bearing a part in the stakes, wagers, or aclvent~zres, or iu betting on the sides or hdnds of them that do play, or in ~vagering
011 the event of any game, sport,, yastime, or exercise, win from any other to himself, or any other. or others, any sum of money or valu- able thing, shall bc deen~od guilty of obtaining sucli money or valuable thing from sucll other pcrson by a false pretence, with intent to defraud or cheat smh person of the same, and being con-

victed thereof shall be punisl.ied accordingly.

SEIZURES

O F OFFENDERS'

Y R O ~ E R T P

I N CERTAIN CASES.

84. Any constable, peace officer, or othcr person apprehei~ding Seizure of property

any person charged with being an idle and disrjr?erly person, or a and scarchiag.
rogue and vagabond, or an incorrigible rogue, may seize any horse or other cattle, or any goods or vehicle in the possession or me of such person, before a Justice of the I'eace, and every Justice of the Peace by whom any persons shall he adjudged to be au idle and disorderly person, or a rogue and vagabond, or an incorrigiblc rogue, s l d l order that such offender be searched, and that his trunks, boxes, bundles, parcels, or packages, and any cart or othcr vehicle which may have been found in his possession or use, shall be inspected and searclled in the presence of the said Justice; and the said Justice slid1 order that any rnoney which may then bc found with or upon such offcader shall be paid ancl applied for and towards thc cxpense of apprehending and conveying to gaol, '
and maintaining such offender during the time for which he

shall

2 D
26" & 27" VICTORIB, No, 10.
Police Act.-1863.
shall have been committed, and towards tho expense of the keep of any horse or other cattle so seized, during the time such horse or cattle shall be detained; and if upon such search, money sufficient for the purposes aforesaid, be not found, such Justice may order that such horse, cattle, and so much as is necessary of such other effects then found shall be sold, and that the produce of such sale shall be paid and applied as aforesaid, and also that the overplns of such money or effects, after deducting the charges for such salt.,
sball be returned to the said offender.
I'owtr to dcliver

85. If ally goods shal!

be stolen or uidawfuily ohtainedfrom any pcr-

things fro111 brokclp.
son, or, being lmvfully obtained, shallbeunlawfully depositcd, pawned, pledged, sold, or exchanged, and complrtirh s l d l be made thereof to a Justice of the Peace, that such goods are in the possession of any broker, dealer in marine stores, or other dealer in second-hand property, or of any pcrson who shall have advni~ced money upon the

credit of s~tch

goods, i t shall be lawful for such Justicc of

the l'cace

to issue a s~~imnoiis or warrant for the appearance of such brolicr or deder, and. for the production of the goods, and to order such goods to be cleliverect up to the owner thcreof, either without any payment, or upon payment of such sun1 anrl at such time as thc Justice of the Peace shall thiiil; fit; and cvery broker or dealer who, bcing so

ordcrd, shall refuse or neglect to deliver up the ~oods,

or who $m11

dispose of, or make away with the same, aftcr notice tllat such goods we? c stolcn or uidawf~~lly obtained as afowsairl, shall forfcit to the

owner

the goods the full value thereof, to bc d ~ t ~ r m i n c d

by the

Justice of the Peace: Provided always, that no such ordcr shall bar
any such broker or dealer from recovering possession of such goods
by suit OF action-at-law, -h-0111 the person into whose possession they may come by virtue of ~ u c h order, so that such action be com- nlenccd w i t h six calenclar nlonths next after such order shall

bc made.

Po-~crtodcJivcr&cr

86. I f m y gaods or money charged to be ntolcn, or fraudulently obtained, shall be iu thc custody of any constable by virtue of any wawant of a Justice, or in prosecntion of any charge of felony or mis- demeanor, in regard to the obtaiiling thereof, and the person chax'ged with stealing or obtaining possc.ssion as aforcsaicl, shall not be found, or shall Imvc bccn summarily convictcd c;r discharged, or shnll h a ~ e been tried and acquitted, or if snch person s1;llall haw been

' tried and found guilty, but the property SCI in custocly shall not have

goods.
been includcd in any indictmalt upon which he shall have been fi;und guiliy, i t shall be lawful for any Justice of the Peace to make an order for the dclivcry of snch goods or nloncy to the party who shall appcnr to be the rightful owner thekof, or in cnsc the owner cannot be ascertained, then to make such orcler with respect to such goods or ixoncy, as to such Justicc of the Peace shall seem nzeet: Protidccl always, that no such order shall bc any bar to the right crf unv l ? C I. F ~ l l l to sue the party to nl~oin 611~11 goocls or money shall br dtr1ivcled, r u d to recover such goods or mollry fiom him, by
action-
26" & 27" VICTORIB, No. 10.

Police

A c t. 1 8 6 3.

action-at-law, so that such action shall be commcnccd within six
calendar nzonths ncxt after such ordcr shall bc made.

87. Any Justice of thc l'eace

before whom any pcrson inay Offences, how to

be chargrd for any offcnce under this Act may, witlioot issuing any summons, fortlrwitlr issue his warrant for the apprehension of m y person chargecl with any offence cognizable before him, wlicnever good gro~mds for so doing shall bc stated on oath before him; and such Justice shall be empowered summarily to convict any such person, on the oath of one or morc witnesses, or on his own confession, and award the penalty or pnnishmcnt herein. provided for such offence; ancl the matter of such complaint shall bc heard and determined by the Justice of the Peace appointed to be the Polire Magistmtc in thc City of Adelaide, or some Justice acting for thc Police Magi.;tmte, or the Special Magistrate in a11 other parts of the said Province wherein a IJocal Court may have been cstablishcd; and if the said offcncc shall have bcen committed, or
the offeder apprclicnclecl ill any p r t of the said Yroviiice whcre no
Police or Special Mngistmtc shall be appointed, or where no Local Court shall bc establ~shecl, the mattcr of such complaint may be heard ancl cletermined by any two or more Justices of the Peace acting in ancl for, or residing in the neighborhood in which the offence was committccl or the ofknclcr apyrehe~lcled.

88.

I n cvcry case of the acljujodication of

a pccm~iary pcnalty or On non-pnyfient of

pcnalty Jus:ux

may

aiiieiids under this Act, ancl non-payment thcrcof', i t shall be lawfill commit,

for the Jwtice or Justices of the l'eacc to commit the offender to any

gaol in tkc said Puovincc for a term not more than three calcndnr

months, ~vhcrc the sum to be paid shall not exceed Fivc Pouads,

the imprisonincnt to cease on the pajmcnt of the sum due, and the

cost for the recovery thereof and so much of cvery pecunisry penalty

as shall not be awarded to the informer or other persons who have

contribntccl to the conviction, shall be applied to such uses as shall

bc directed by any Act in force in the said Provinco for the appro- priation o f such penalties, and in case the appropriation thereof shall not be provided f'or by any Act, then to the ' h m u - e r for the public uses of the said Province.

89. Evcrv misclenieallos or other offence against this Act for Pcnaltv for offcncee

which no Bpecial penalty is hereinbefore app$nted,

shall render wh""'vs~ec'alPE~

nalty is appointed.

the offencicr liable to n penalty of not more than Five Pounds, or to be irnprisoncd for anyA time -not exceeding one calendar month in any gaol of the said Province.

90. Nothing shall prevent any ps011 from being indicted for ThisActnottoprerent

the indictment of of-

any indictable offcnce mndc punishable on summary conviction, or cnncr3,

oar

liobilig

prevent my person from being liable to any higher or other penalty fur higller penalties,
or punishment than is provided for such offcnce by this Act, but no

person s l d l be pui~isiled

twice for the snmc offence.

98 26" & 270 VICTORIZ, No. 10.

Police

A c t. 1 8 6 3.

Cer~in0ffenaer8ma~ 91. Where any person is charged beforc any Justice of the
be committed to Local

court.	Peace with any offence cognizable by a Local Court, and in the opinion of such Justice the case is proper to be disposed of by a Local Court, the Justice before whom such pcrson is so charged may commit such person for trial accordingly.
Powor to award costs.	92. It shall be lawful for any Rlagistratc, who shall hear and dctcrmine any charge or complaint, whether a warrant or sunmons shall have been issued in consequence of such cllarge or complaint or not, to award such costs as to him shall seem meet, to be paid to or by either of the parties to the charge or complaint.
Amenda for frivolous	93, In eacry case in which any information or complaint of any offence shall be laid or made before any of the said Magistrates, and shall not be further prosecuted, or ill which, if further prosecuted,
informations.
it shall appeal. to the Magistrate by whom the case shall be heard
that there was no sufficient ground for making the charge, the Magistrate dial1 have power to award such amends, riot 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 ard expenses in the matter, as to the hlagistrate shall seem fit.

Penalty for corn-	94. I n case any person shall lodge any infornmtion before any of
pounding informa-

tions.

the said Magistratcs, for m y cffcncc alleged to lmve been co~r.mittec1, by which he was personally aggrieved, ancl sliall after~iwcls dircwtly or indirectly receive, without the permission of one of the said hIagistrates, any sun1 of nloncy or other reward fer compo~ulding,

delaying, or ~vithdrawing the information, it shall be lawfill for any one of the said Magistrates to issue his warrant or summons as he may deem best, for bringing bcforc him the part)- charged with the offence of such componndli~g, delay, or withdrawal; a i d if such offence be prored by the confession of the party or by the oath of

not more than Ten Pounds.

any crediblc witness, such informer shall be liable to a penalty of

nmong the Police

I)ivisioma of fincs, CC.,

95. Where any person employed ill the said Police Force shall

Force.	be entitled to the whole or a proportion of' any forfeiture, penalty, or seizure, under this or any other Act in force a ;thin the said Province, the amount or proceeds thereof s f d l go to n general fund to be dis- tributed at the end of evcry year among thc officers and men be- longing to the said Police Force, in sucl~ proportions a i d according to such regulations as the Governor shall appoint, direct, and deter- mine, ancl in default of appointing regulations, or directions being made, the said fine shall go to the person entitled to the same imme- diately upon the recovery thereof; and no such person shall by reason
of the application of any 3;enalty to the'Police Funds be deemed to
be an incompetent witness before any Court or Justice of the Peilce
in any proceeding vhatcwr for any offencc against this or any other law in force in the said Province,
Proceedings for pcnal-

ties, appeah, &C.

96, All proceedings under this Act., in so finr as not otherwise

express1

26" & 27" VICTORIa, No. 10.
Police Act.-1863,
expressly providecl, may be had ancl taken, and all summonses to parties and witnesses and warrants (where necessary) for enforcing the same inay be issned and s e n d, or executed rcspcc- tively, and all fines iinposcd, and all sums of money ordered to be paid, may be recovcrcd before any one Justice, and shall be appro- priiited and applied; mid crcry person feeling negrieved by the imposition of any such fine, or by any order or adjndiration nndcr this Act. shall br entitled to appeal tllrrefrom in mnnner and form, and on tlie terms respectively, which arc pruscribcd by the Law of the Provincc in forcc for t lk time being, for regulating suinrnwy y rocecdings before Justices of the Peaw,

97. No conviction, ordcr, ~varrant, 01 other mnttcr made, or Noce+o~ari an to in-

formallly of warrant.

purporting to be made, tSv v i r t k of this Act shall be quaslled for want of fomi, or reimkcd by ccrtiorvri or otherwise into the Supreme Court; and no wttrraiit of co~ninitmcnt shall be held void by rctlsou of any defect therein, prorided that it be therein dlegecl that the party llns been cnnvicted, and tahst there be n good or valid conviction to sustain the same; and d e r e any distress sliall be made for levying any money by virtue of this Act the clis- trcss itself slmll not be deemed unlawful, nor the party making the same be deemed a trespasscr on acccunt of m y defect or want of form in the summons, conviction, warrant of distress, or other pro- ceeding relating, thereto; nor dlall thc part.y distraining be deemed a. trespasscr ab zr~itio., on acconnt of any irregularity afterwards committed by him; but thc person aggrieved by such irregularity may recover full satisfaction for tllc special clamage, if any, in an action lipon the case.

88. A11 actions and 1)rosecutious to be coinmencecl against any AS tl~procredinge

agahst persons acting

person for anything dolie in pursuance of this Act shall be coni-

this

menced within two c~lenclar months after the fact was committed,
and not otherwise; m d notice in writing of such action, and of the Notice of action.

cause thereof, sliall be given to the defendant ten claps a t

lcast before the com~~~encemcnt

of the action; and in any sech

action, the defendant may plead the general issnu, md

givc this Act, General

and the special matter in' evidence, at any trial to be had thereupon;

and no

shall recover in any such action, if tcnrler of suffi- Tender ofamrtidii.

cient amends shall have been made before such action brought; or if
a, snfficicnt s im of mowy shall have been paid into Court after such
action brought, by, or on behalf of clefeidmt, together with the costs iacurred np 'to that time; and if a vcrdict shall pass for the defendant, or t lk plaintiff become nons~~ited, or disc&tinuc any such action after issnc joincd, or if 11po11 demurrer, or otherwise,

.	jndgment shall be gircn against the plaintiff, thc defendant shall rfj"dsmenfic	agnmst plaintiff,
recover his full COS~S, as between attorney ancl client, a i d have the like rcmedy for the s m c as ally dcfcnrlant hat11 by law, in other cases; and though a. wrdict shall be given for the plaintiff in Ray such action, such plaintiff' shall not ]:we costs zgaiiist the defendant, unless the Judge before whom the trial shall bc shall certify his approbation of the action, and of the verdict obiained thereupon.

260 $ 27" VIC'rOEIZ, No. 10.
Police Act.-1 863.
Local~rovisionamade

operative hy Procla-

99. The foregoing clauses, aumbered fi.om fifty-nine to sevcnty-

mation.

four inclusively, and described as Local Provisions, shall not come

into operation or have the force of law in any part of the said Province

until it shall haw been declared by Proclaniation in what parts of

the said Province -such clauscs shall come into operation; and when-

ever it may be deemed advisable, the Governor, with thc advice of the Executive Council, may from time to timc, by Proclamation published in the Government Gmette, define the limits of such places in the said Province within which any of thc said clauses shall come into operation and have the force of law, and may specify such clauses, naming them by their nun~bcrs, as it may be inturideti shall have the force of law within such limits, and may further cancel and dter any such Proclamation from timc to time as may be necessary; and after every such l'roclanmtion the clauses specified in such Proclamation shall come into operation and have the force of law within the limits defined in the Yrocllamation as fully and effectually as if t,he same were herein set forth.

Short title.

100. This Act may be cited as the " Police Act of 1863."

In the name and on behdf of the Queen I llereby assent to
this Act,
13. DALY, Governor.

SCHEDULE

+	26" & 21" VICTORIA$ No. 10.

Police

A c t. 1 8 6 3.

SCHEDULE A.
Table of Acts repealed.

No. and year of Act.

Title of Act.

No. 19, 1844... .

...

An Ordinance for regulating the Police of South Australia.

I

No. 3, 1852. .

An Act to provide for the separate appointmcnt of a Commissioner of

Police, and for the more effectual government of the Police Force.
SCHEDULE B,
Form of fable showing contribution due by each Police District.

Length of time

Cost of maintenance

Amount of contri-

N~~~ of boun-

~~~b~~ of police

police stationed

of foot police in

bution chargeable

darieb of

district.

therein.

such district.

on euch district.

_ _ _ 1 -. _ 1 _ - - - -

- - - I__--

Adelaide: Printed by acthority by W. C. Cox, Government Printer, Victoria-sgurrre.