Police Act 1869 (SA)

ANNO TRICESIMO TERTIO

No. 15.

An Act to co?rsolidate and amend the Law relating to the Police in

South Australict.

[Assented to, 9th February, 1870.1

4 AS it is expedient to consolidate and amend the law

therefore Enacted by the Governor of the Province of South WHERE relating to the Police Force of South Australia-Be it

Australia, with the advice a i d consent of the Legislative Couricil and House of Assembly of the said Province, in this present Par- liament assembled, as follows:

1. The	Police Act of 1863" is hereby repealed, save as to all	The Police Act, 1863,
rdpcaled.

2 A

appointments made, penalties incurred, and all proceedings, matters,

or things had, done, entered into, or pending under the said Act,

and save so far as the said Act may repeal any Ordinance or Act	Saving.
or part of any Ordinance or Act.

2. This Act shall be divided into eight parts, as follows:--

PART I,-As to the Appointment of Officers and Constables of the

Police Fcrce:

PART 11,-As to the Regulations, Duties: and Discipline of the

Police Force:

PART IU.-As to the Appointment and Regulation of Special Con-

stables:

PART IV. -As to the Establishment and Maintenance of Police Districts:

PART v.-As to the Powers of the Police Force and the Apprehen-

sion of Offenders: ,.&C 4 X- -o PART

Police Act.1869-7'0.

DWISION OF ACT. PART VI.-General Provisio~ls as to Offences and Penalties to be

in force throughout the Province:

PART VII.--Provisions as to Off~nces and Penalties to be in force in

Police Districts and Proclaimed Localities:

PART VIII.-Miscellaneous Provisions.

Paar 1. PART I.-As to the Appointment of Officers and Constables of the

Police Force:

Continuation of	5. The Conlrnissioner of Police and all other officers, sergeants, to hold office under the provisions of this Act, and shall perfbrnl all such duties and possess such powers and f~mctions as by this Act or by any law now or liercaftcr to be in operation in the said Province may be irrlposed or conferred upon them respectively.
appointments of
officers and constables	and constables of the Police Force already appointed shall continue
already made,

Governor in Council 4.

The Governor, with the advice of the Executive @ouncil. mav sioner of Police tllro~~ghout

may a p p o i ~ t Commis-

sioner OE Police. from time to time appoint a fit and proper person to be ~ o & m i &

the said l-'rovince, and, as occasion shall

U

require, may remove any Commissioner of pilice and appoint another in his stead; and every Conilnissioner of Police shall be cllwrged and invested with the general control and management of the Police Force of the said Province, and also of any special con- stables who may be appointed as hereinafter provided.

v C c 5. The Governor, with the advice of the Executive Council, may

may appoint Inspec-

tors and other o%ccra appoiut such I~kspeclors, sub-Inspectors, or ot'her officers of Policc as

holding commissions. may be found necessary, who shall hold comnlissionts under the

hand of the Governor for such appoiotn~e~rts, and such Inspcctors,

Snb-Inspectors, and other con~missioncd officers shall be subject to

the control of the Commissioner of Police, and shall be respec-

tively charged with the government and snperintendence of' such portioii of the Police Force as such Comnlissioner may from time

to time direct.

Commissioner may	6. The Con~missioiicr of Police or such other person as the for t,llat purpose, nmp appoint SO nlany sergennts and constables of different qmdss as he shall deem neckssary for the preservation of peace and order throughout the said Province, subject, however, to
appoint non-commis-	Governor, with the advice of the Executive Council, may nominate

s~oncd ofliiers,

Subject to approval	tllc approval of the Chef Secretary for the t h e being; and such
of Chicf Sccretary.	sergeants and constables sllall have all such powers and privileges, and be lithlc to a l l such duties and respoi~sibilities as any constable duly appointed now or hereafter may have, or he liable to, either by the common lam, or by virtuc of any statute law now or hereafter to be in force in the said Yrovince.

in Collneil

may remove officere 7. Tlle Governor with the advice of the Executive Council may,

of police.	from time to time as he shall sec fit, remove any Inspector, Sub-
And appoint others	Inspector, or other comnlissioned officer of ~ o l i &, a d up& any
in their stead.	vacancy in any of the said offices by death, removal, disabilitv, or . *.

otherwise,

33" VICTORIX, No. 15.

Police Act;--1869-70.

AN ART - .. I.

otherwise, inay appoint some otller fit person to fill the sane, xucl

the Cou~rnissioner of Police may, froin time to time, as he sl~all And Commi~ioner

think fit, but subject always to the approval of the Chief Secretary, mcnlbersof may remove other

remove any constable not holding- a commission, or in case of Force subject to the approval of the Chief

any vacancy in the Police Force by reason of tlie death, removal, s,,,,t&rj.

or disability of any constable, or otherwise, the Commissioner of

Police may appoint another constable to fill such vacancy.

PART	11.	-As to the Regulntions, Duties, and Discipline of the	PART	Ir.
Policc Force:

8. The Governor, with the advice of the Executive Co~zncil: Governor in Council may make regulations

may, fro111 tinie to time, frame rules, orders, and regulations for the to secure proper dis-

geiieral yovernnlent of the menibers of tlie Police Force, :IS well with ~ ~ ~ " p ~ $ ~ q u i ~ -

respect to their places of residence, their classific,ztion, distribution,

pa~ticular sew&, nnd inspection, i s to the dcscriptioi; of tlie arms;

accoutrements, and otller uecessnries to be furnished to them, as to

which of them sliall be supplied with horses, znd all such other

rules, regulations, and orders relative to tlie said Police Force as

may he uecessary for rendering the same efficient for the discbarge

of tlle several dutics thereof, and for the purpose of preventing Commissioner ma

neglect or abuse; and the Conimissioner of Police may niake S U C ~ rules with t g

other orders and rcg~llnti~ils, for t l ~ c g~rieral govenil~ient, manage- a~prova l of the Chief

Recrctary for their

meot, and cliscipline of the Police Force as he niny deem necessary, goucral management

subject, however, to the approval of the Chief Secretary. and discipline.

9. No person appointed to be Commissioner of Police, Tnspctor, 02th to bc taken by

Sub-Inspector, or otllcr officer, nor any scrgcant or constable, shall ,,,bl,,	offiours and con-
be capable of lroldilig ally such ofice, or of acti~ig in any way therein, until he sliall tdre and subscribe, or sllall have taken and subscribed the follow in^ oath, that is to sny :-

" I, A. B., do swear that I will we11 and trulyseive our Sovereign

Lady the Qocco, in the office of [Commissioner of Police,

Cllief Inspector, Inspector, Sob-Inspector, officer, sergeant,

or constable, as the case may be], without favour or. aff'ectiou,	malice, or ill-will, for the period of
from this dntc, and until 1 am legally discharged; that I will see a11d cause t [er &Zajesty7s peace to he kept nud preserved, a id that I will prer~el;t, to the best of' my powcr, all offences against the saole, or against the Police Act, 1869 ;" and that, while I shall contiuue to hold the sitid office, I will, to the best of' rny skill and Ialorvledge, discharge all the duties thereof
fhithfully according to law-So help me God."

And the said oath shall be administered by a Justice of the Peace, and shall, in all cases, be subscribed by such Justice.

10. Every ~ W S O U, 011 taking aud subscribing such oath as afore- Taking an oath equi- valent to entering

said, shall be deemed t o have thereby entered into a written agree- into	agreement.
nient with, and s l d l he thereby bound to serve Her Majesty as a member of the Police Force, and in tlie capacity in which he shall have taken such oath, at the current rate of pay for such

member,

74 33" VICTORIE, No. 15.

Police Act .1869-70.

PART Ir. member, and until legally discllarged, frolu the day on which such oath shall have been taken and subscribed: Provided that no such agreement shall be set aside, for waut of reciprocity: Provided further, that such agreement may be cancelled at any time by the lawfill discliarge, disrnissal, or removal froin office of ally such person, or by the resignation of any such person being accepted by the Coninlissiorler of Yolice of the said Province.

Membersof the Force 11. No member of the Police Force shall be at liberty to resign

not resign without- his office, or to withdraw himself froni the duties thereof, notnith-

leave or notice.

standing the period of his engagement shall 11:we expired, unless

expressly authorized in writiur to do so by the Co~ni~~issioner of

V

~dl ice, & unless he shall lmve give11 to s;cl:l1 Coinrliissioner one calendar month's notice of his illtcutiou so to resign or witlldmw, and every meuiber who s l d l so resign or witlidraw himself without such lcave or notice s ld l, upoil conviction thereof, be liable to forfeit all arrears of pay then due to him, arid to a penalty of not more than Five Pounds, or may be committed to prison for a period not exceeding fourteen days.

Members of ,he Force 12. Every member of the Police Force having been dismissed from,

diami8aed Or ceasing or Iiavinq ceased to hold his office, shall f'orthwi~li deliver to the

to hold o5ce to dtl ' h iver

up ~ccoutrenents, &C. Coiim~isslone~ of Police, or to such nerson, and at s~zcli t h e and

place as tlte ~omn~issibiier of ~ o l i t c lnaY direct, all and every

the clotl~ing,.arms, ammunition, and accoutrements, l~orses, saddles, bridles, appointments, and other property which have been supplied to him for the execution of his duty, or wliich niny be in his custody by virtue of his office, under p:iiu of il~iprisoliiucut, wit11

or without llnrd labor, for any time nth exceeding two inonths; aud

any Justice of' the Pence may issue his warrant to search fhr and seize all and cvery the clotllii~f;, ariiis, ammunition, ancl nccoutre- rnents, horses, saddles, bridles, appointments, and property not so delivered, wherever the same may be found.

duty ic any part of Constables auLject to 13. Notwitllstanding the cstsblishineut of any I'olicc District, the

the Provlncc, ~ L S if no constables belonging to the Police Force who may be stationed in

Police Distrieb hua any such district shall continue as part of such Force, and be subject

been established.	to tlm same authority, and be h b l e, if required, to perfjrm the sarno duty in any part of the said Province or elsemrl1crc: as if no such Police District had been established; ancl if any members of the Police Forcc be employed beyond the limits of the said Province,
Constablcs	every menlber so eGpioyed shall be amenable to niid obey in all
out of the l'ruvince	respects the lawful coimlends of his superior officers, arid s l d l be
perform duties nu if
to obey orders and	liable to the same penalties, forfeitnres, :and puuishmeuts, in all
within the I'iovinoe.	respect^, for any neglect or violation of duty, ill ally service ill which iie may be so employed bevoid the liwits of the said Pro- L ., 0
vince, in the same mnunei* as if sue11 neglect or violation of duty V
had been committed within the said ~ r o v h c e.

Puniahmcot for taking 14. Any member of the Police Force who shall take any bribe,

bribe, &C.	pecuniary or otherwise, either directly or indirectly, to forego his
duty as such member, or who shall in any tllauncr aid, abet, assist,

380 VICTORIa, No. 15.

Police Act.-1.869-70.

or coiii~ive at the escape, or any attempt or preparation to escape,	P*ET I1.
of any prisoilcr from any gaol, or other place in which any such
prisoner may be legally coofioed, or otllerwise in lawful custody, or who s11a1211 desert 111s post, or assault his superior olIicer, shall for every snch offence, without prejudice to any other penalties or puuislment to wllicli lle sllall by law be liable, upon conviction thereof, forfeit mid pay a penalty uot exceedins Ten Pounds, or
may be iluprisoned or kept to hard labor for m y period not esceed-
iug three calendar niontlls.

15. If any person, not being a member of the Police Force, shall penalty for peraona- ting or attempting to

have ill his possession ally arms o~ ammunition, or any article of brib, conBhblcn,

clotlling, accontre~~lents, or appoiat~ueuts supplied to ally member

of the l'olice Force, and s l d l not be able satisfactorily to account

for llis possessioi~ thereof, or s l d l put 011 or assume the dress, name, designation, or description of any iiieirrber of the Yolicc Forcc, or sllall pretend or assert that he is n ineiriber of such Force, or s l d l givc, or offer, or proinise to givc any bribe, recompense, or reward, or slldl make any collusive agreen~ent with m y mcmber of the Police Force to illduce him to neglect his h t y, or to conceal or connive at m y act whereby any r ~ ~ l e, order, or regulation relating to tlie nppointtnent ilild duties of tlrc: members of the Police Force in oper&on in the said Province may be evaded; every person so offendiug. s l d, in addition to any other punisliment to which he may be liable for snch ofreuce, tbrfeit for every snch offence, on

sunlmary coovictioi~ tllereof, a suol not exceeding Ten Pounds.

16. If rny question shall arise as to the right of the Commis- Repute to beevidence

sioncr of *&cc, or any other officer or member of the Fo5ce Force, of appointment.

to hold or execntc his ofice, common reputation slinll to all Entent,s and purposwbe deemed sufficient evidence of such right, and it sllnll not be necessary to protluce any written appointment, or any oath, or ot,her document or matter whatsoever, in proof of such

right.

17. The holder of any licence to sell or dispose of fertnented or Penalty on puhliaann harboring const~bles

spiritoons liquors, or my person whosoever, who sliall, by himself during the

of

or l& servants, permit any constable to become irltoxicated on his duty.

premises, or tb &be supplkd with ferinented or spirituous liquors

whilst intoxicated, or whilst on dntyJ except such time as n constable

is travelling,, and knowing lii~rl in every such case to be a member

of the Police Forcc; and any person who s11all l~nowingly harbor or

entertain any constable, or permit such constable to abidc or rcrnuin

in liis house, shop, room, or other place d u r i y any part of the time

appointed for sach constable to bc on duty elsewlme, on conviction

thereof shall, for every such offence, f'orfcit and pay a sum not

exceccling Five Pounds.

neglect or violation of duty in his ofice as such nielnber sliall be neglect of duty. 18. Every member of the Police Force who sliall be guilty of any Penalty on police for

liable to a peualty of not morc than Pivc Pounds (the amount of which peimlty may be deducted fkom any salary then due to such

offender

33" VICTORIX, No, 15,

Police Act.-18G9-'70.

off'en-ler), or may be imprisoned, with or without hard lnbor, for

any time uot more than one calcndar month.

Aarault on policemen.	19. If any person shall assault or resist any member of the Police Force in the execution of his duty, or sllall aid or incite any person so to assault or resist, every su'ch offender bei~lg coiiricted thereof, shall, for every such offcnce, forfeit and pay a sum not exceeding Ten Pounds; ancl also such further sum of money as shall appear to the convicting Justice or Justiccs to be a muonable
Obstructions to con-	compensation for any damage or injury causcd by such offender to
etablee.	the unifbrm, clothing, accoutrements, or horse of such member of thc force, or for any medical or other expenscs incurred in conse- quence of personal injury s~rstained by him in such assault or resis- tance as aforesaid: or such offcnclcr niny be committed for trial before
any competent Court; and in case m y person s h l l disturb
or hinder m y ulember of the Police Force in the execution of his duty, or shall be aiding, abetting, or assisting in so doing, every such off'endcr sllall, fbr every sucli offeuce, hrfeit and pay
any sum not cxceeditlg Fivc Pounds, or may be liable to imprisou-
ment for any time not exceeding two calendar months.

Yer~~antsand Consta- 20. Every scrgeant and constable of tlle Police Force sliall exe-

bles to execute pro-

ccss for le\ ying fints, cute all pr&css 'to 11im directed for levying the ninount of any

t l feitures, B-c. recog~~izauce forfeited to Her Majesty, or of m y fine inlposed on

any jurors, wituesses, parties, or persous at any Court of Judica- ture. or of nnv other fine inlnosed uritler any o t h r Act in force in d I d

the said Pr~viuce, mid m y process, or any order, warrant, or corn- n l a d of any Justice or Justices of the Yeace directed, delivered, or given to any such sergeant or constable, ellall or illay l& executed ancl enforced by any other sergenut or coustable, or his assistants, and every such last-~ncntioned sergeant, constable, alid his assis- tants, s l d l have all and every the sanle rights, powers, and authorities for and in the execution of such process, order, warrant, or command as if the same Lad origioally been directed to liim or them expressly

by name.

PART IJX. PART III.-AS to the Appointment and Regulation of Special

Constables:

Juaticea, upon infor-	21. In all cases where it sl~all	be made to appear to any Special
mation on oath, or

otherwise, that dis- >hgistrate or two Justices of the Pcnce, upon the 02th of any

turbsnces exist, or are credible witness,	that a11y tumult, riot, or felouy I i ~ ~ t h	taken
apprehended, may ap-

ointeecialconlta-

@ace, or mnv be reasonably apprehended iu any city, town, or

ha.

district in tile said Proviwe. and s~lcli Special Magistrate or Justices shall be of opinion th& the ordinary*aoustab1Gr officers appointed for preserviug tlic peace are not sufficient for the preservatioii thereof and for the protection of the inhabitants, and the security of the property in swh city, town, or district, or wllerc, without sucli oath or cvideuce as aforesaid, any Special Magistrate, or two Justices of the Peace shall be of' opinion

that the constables or officers aforeaaid are not sufficient fbr the

preservation, protection, or security as aforesaid, or for the appre-

hensiou

33O VICTORIE, No. 15.

Poiice Act.-1 869-'10.

heilsion of any offenders, it s l d l hc lawful for such Magistrate or PART X I ~.

Justices to appoint, by precept in writing under liis or tlwir hand or hands. so rimiv as he or tllev rr~av tllinlr fit of the liouseholders or I d J r'

other persons (not leqally exempt from serving thc office of con- stable), residing in su& city, town, or district as aforesaid, to act ss special constables for such time and iu such manner as to tlie said Special Rlagistratc or Justices respectively sl~nll seem fit and

necessary for the public peace, ant1 for the protection of the inhabi-

tants, and the security of the property iu such city, town, or district; and the Special Xagistratc, or ally of tlle Justices who shall appoint any special constables by virtue of this Act, or ally Justice of the Pence, is llcrclty ;~uthorized to adininister to ewry persou so appointcc1 tlrc following oath, that is to say-

" I, A.B., do swear that I will well a i d truly scrve Her Majesty Queen Tictoria in the ofice of special constable for tlie city, towu, or district of without favor or aEection, rnalicc, or ill-will, aud that I will to the best of my power

cause the peace to be kept and preserved, and preverlt all

affeuces against tllc persons and properties of Her Rfajesty's subjects, a i d tllat while I continue to liold the said office I will, to the best of iny skill m d kuowledgc, discharge all the duties tllereof f 'a i t i l f~l l~ according to law-So help me God."

Providcd always tlint whenevcr it sliall be deemed necessary to appoint sucll specid conetables as aforesaid, the notice of such appointn~eiit, A A and of the circurnstauces ~vhicli have rcudered such appointtuent'necesssry, slmll be forthwith transinitted by the Special Magistrate or Justices making such appoilltiment to tlie Chief

Secretary.

22. The Corrmissioner of Police shnll have power to make such The Commissioner of Police may make

orders or regulations as may from time to tinic bc ncceusary' and preservation of the public peace, and shall also have power to remove any such special constable f'roni l& oftice tbr any rniscon- for qperid

exwlcdi ent for lenclering soclr special collsti~bles efficient for the constibles, and may

I remove them,

duct or neglect of duty therein, such orders or regulations to he

approved by the Chief Secretary.

23. All persons willing to act as special constables under the pro.	Pewons s a y act as
special constables in

visions of this Act, shall be capable of bcinq nppoioted and acting, a.y district and mav bc arsnoiuted and act ss such snecinl constables, notwith- aoere8ident. I + standi11,k they urav not be resident, in such city, town, or district ss Power of special con-

aforesaid, or in thk neigllborhood thereof'; arid nnv person appointed 8tab~e3.

and acting as special constable under the provis&ns of this section,

shall have all the same powers, and be entitled to and enjoy all the

same privileges and benefits, and be subject to all the same duties

and liabilities as m y constable duly appointed under the other pro-

visions of this Act.

24. If any person residing within such city, tow^, or distr?, ~ ~ $ ~ t ~ ; ; ~ ~ ~

being office.

33" VICTORIX, No, 15,

Police Act.1869-70.

PAB* m.	being appointed a special constable, shall refuse to take the oath, when thereunto reauired bv the Special Ma~istrate or Justices of the Pence so appointiig h i q U h e slidl, on conGction thereof in a sum- mary way, before the hJagistrate or Justices so requiring hiru, forfeit and pay any sum of money not exceeding Five Pounds, and if any person being appointed a spccial coilstable shall neglect or refuse to appear at the time and place for wllicli he shall be summoned for the purpose of taking the oath, or having been appointed 3s special constable, and called upoil to serve, sllall neglect or refuse to serve as such special constable, or to obey such lawful orders and direc-S
tions as may be given to him fbr the performance of' the duties of
his office, every person so offending shall, on conviction thereof,
forfeit and pay for any such neglect any sum of money not exceeding Five Pounds, mless such person shall prove, to the satisfaction of the said Justices, that he was prevented by sickness, or other such unavoidable cause, as shall in the judguient of the said Justices be
a sufficieut cause,

Power to discontinue	25. The Comli~issioner of Police may suspend or dctern~ine	thc
service of special con-

rtables. services of all or any of the said special coilstables called out by the said Special Alagistrate or Justices, as to the Commissioner of Police shall seem meet, aild notice of such suspeesion or determination of the services of any special constable shall be forthwith trallsmitted to the Chief Secretary.

special co.~trbles to 26. Every special constable shall fortllwith after the expiration of

deliver s t a w &c+ his office, and after he has ceased to hold and exercise the same, deliver over to his successor (if any soclr s l d have becn appointed), or otherwise to such per so^ aud at S I K ~ ~ time and place as niay be directed by the Conmissioner of Police, all arms, staves, weapons, and other articles wllicli shall have been provided fur such special constablc, aud if any suc l~ special constable shall omit or refuse to

do so, Le shall, or1 conviction thereof, forfeit and pay for such

offence a sun1 of money, not cxcecdin~ Ten Pounds.

~ ~ n a ~ t u f o r ~ s ~ a u ~ i ~ g	27. If any person shall assault or resist any spccial coi~stable
Or reaistingspeciaL

constables.	whilst in the execution of his ofice, or sllall promote or encourage
any other person so to do, every snch person slmll, on conviction
tlmeof, forfeit and pay for such offcncc m y sum not exceeding
Ten Pounds, or sllall be linblc to such other punishment, upou con-
viction on any infomiation for such offence, as my persons are liable to, for assaulting any constable in tllc execution of his office.
Chief Secret~ry may

direct reavonabla 28. The Chief Secretarv may, upon the recommendatioil of

allowances to be paid the Commissioner of police, order, from time to time, such reason-

to apecid constablea. able allowances for their trouble, loss of time, and expenses, to

be paid to such special constables who shall have served or be then serving as he may deem proper; and he may further order the payment of such expenses as may have been illcurred in pro- viding arms, staves, weapons, or other necessary articles for such

special constables.

PART

330 VICTORIX, No. 15.

Police Act.--1869-70,

PART 1 v. A ~ to the Establishment and Maintenance of Police PART

Districts:

29. The city, towns, and places in the said ~rovincc, which h a w Places already estab.

already been established or proclaimed as Police Districts, by or lished or proclaimed Police Districts by or

under the provisions of the '' Police Act of 186 3," shall continue under the Police A&

to be Police Districts within the meaning and for the purposes of of 1863 to continue Police Districts under

this Act; and the Governor, with the advice of the Executive this ~ c t. Governor, with advice

Council, may, by Proclamation, establish other Police Districts of may pm-

wl~creill portions of the Police Force may be stationed; and when- claim Police Diatriota.

ever any of the said Police Force are stationed within the con- in a Muoicipllity or If polico are stationed

stituted limits of any Municipal Corporation or District Council, District Council. the constituted limits re- the limits of such Municipal Corporation or District Council, main the limib of

either separately or conjointly, as the Proclamation may declare, :pef,"%et,iyFi,-

shall constitute the limits of such Police District; and in clamation must deflne

every Proclamation establishing any Police District in any the limit'. All such Proclama-

pmt of the said Province not within the constituted limits of any tions must give the

Municipal Corporation or District Council, tile limits of such Police ~ ~ ;:a- ~ $ i ~ ~ ~ ~ ~

District shall be defined in such Proclamation: and the nulnber and tioned in the district.

rank of thc members of the Police Force to be stationed therein shall

be declared wheuever any such Police Ilistrict is proclaimed.

30. I n every E'olice District wherein any foot police may be In every Police Dia-

stationed during a longer period than three months in the year, one- may be stationed for trict where foot police

half of the entire cost of maintaining such foot ~ o l i c c as may be more than three

stntioned within the limits of any such Police District, shall be costs to be paid by months, one-half the

defrnved by such Police District, and the ren~aining half of such Police District) and the remaining half of

cost shall be defrayed out of thc General Revenues of the said ,.ts shall bo do.

Province; and in case two or more phccs, under Municipal ~ ~ of ~ ~ ~ a ~ ~ ~ ~ ~ s

Corporations and District Councils resnectivelv, shall be included the said Province.

in any such Police District, such ~orpbrntions 'or Councils shall

contribute to the half cost payable by st1c11 Police District, in pro-

portion to the value of the rateable property in the places under

providing the pay, accoutrements, and arms of the commissioned	such Corporations or Councils respectively: Provided that no Police District shall be compelled to contribnte to the cost of
officers of the Police Force.

31. The proportionate amount of such cost shall be annually Aatatement showing

estitnated, and shall be set forth in a table in the form directed in bution doe by such the amount of contri-

the Schedule to this Act, signed by the Commissiol~er of Police mynicipality or.aiu-	and approved by tile Chief Secretary, stating the nnmber and in the Go,~mefi, trict to be published
cost of maintaining such foot police, and the length of time they Gazette two weeks

prior to the meeting

may have been stationed in any such Police District, and sctting of p,,liammt.

forth the proportionate contribution which may be payable by such

Police District; and every such table shall be published twice io

the Government Gazette, at least two weeks prior to the meeting of

Parliarnen t.

32. Whenever any grant of money may be payable under rtny CO ntribution to be

Act of the Parliament of the said Province, after the publication of deducted from amount of any Parliaplentarg

such

2 0

80 33O VICTOR1,B, No. 15.

- - -.--".".-

- -- -

Police Act -1669-70.

PART

such table, to any Municipal Corporation or Uistrict Council, or in

grant in	aidof distfict aid of any municipal or district rates, the amount payable by any
rates.

such Corporation or IXstrict Council a s or to~varcls the one-half the

cost of the foot p~ l i cc stat,ioiied within the liiuits of :my Police District, including the district under the control of the said Cor- porntioii or Couilcil, may be retained by the Treasurer of thc snid Province to be devoted to the payment of sucll amount.

In~aseParliamefitarp

grant be insufficient,	33. In case the mount so lrayablc to m y such Corporation or Council h	illsllfficient to cover the amount of costs so p a p b l ~	by
contrir,ution to be

paid O1~t OfthsLocal	such Corprittio~i or Coui~cil,	tlic balance t,l~at	may remain doe by
ratea.

such district over and almve the nmoui~t of such vote, or the total amount payable by the said Corporation or Council ill case no vote shall have been granted, shall be paid into the public Treasury of the said Province, and shall be clcfiaycd out of tlie f~mcls of the

said Corporation or District Council, nud may be recovered at tlle

instancc of' tllc Attorney-Geileral in Q summary. way, before two or

more Justices of the Peace, or a Special Magistrate.

Muni"~al Corpora-	34. Wllenevcr	it slid1 be incunlbent upon any M~lunicipnl Cor-
tions or District

~ u V i poratioo or ilistrict Council to pro~idc, by rcnsoii of its being in-

8eoia1 rate such

purpose. cluded in n Police District, the pa,ynlent of ally amonut as or toward S one-half tlic cost as afbresaid df the mnintcnnnce of any foot police, the aaid ?Municipal Corporation or District Couaail s l d, wllen ne- cessary, levy a special rate f o ~ that purpose, over and above any other rates levied sr leviable by law by such Corpor t' a 1011 or Council; and such rate shall be i&xn-erabie in the sanle mnnner, and be enforceable by tlie same renietlies as are provitletl by Inw for the recovery or cnforceineut of gei~cral rates levied by such Cor- poration or Council.

f	-	35. In case any Municipal Corporation or District Col~neil	shall
tion or District Coun-

cilnegloct or refuse to neglect or refusc to pay tlke amount of contribution as aforesaid, or

pay Or leP? a any part thereof, to the Treasurer of thc snid Province, or shall

rate therefor, the Go-

vernor, niththead-

vice of the Executive lleglect or mfuse to levy a special mte when necessary, ~ i t h i n

Council, may cauae a thirty days after the payment of such amount shall have been	c r e t o be demanded in writing by the Chief Secretary, the Governor, with
h i e d. the advice of the Executive Council, illay cause u. police rate to be levied in the district under the control of the said Corporation or Council, for the purpose of defraying such amount, together

- with the expenses of levying the same, nitd thc Attorney-General

may, in the stead of such klunicipal Corporation or District Council, for the purpose of recovcriug or enforcing such police rate, do all

such acts and have all such reluedics as may be by law exercised by

such Corporation or Council for recovering or enforcing geucral rates.

36. The owners, inhabitants, and occupiers of all messuages,

P m ~ i 6 i ~ n ing and levying for naaesr- police

rate inthoseplaces lands, hereditaments and tenements within anv part of the said -

Province, beyond the limits of a Municipal ~or<o;ntion or District

Council which now is or hereafter may be est+ablislicd as a Police

Dietrict, shall be liable to contribute to the expenses of the foot

police

33" VICTORIB, No. 15. -- ---

-

Police Act.-1 869-70.

PART IT.

police as fully, and in the snnw maliner as if such Police District - --

were comyris&l in the limits of a Municipal Corporation or District	beyond the limit8 of a
Municipal Corpora-

Council, and shall be i ~ i like innoiler rateable in respect thereof; tizln or District

and the Governor limy direct any Special Magistrate, or any Justice	Counril where Police
Disttict is declared by
of the Peace, who shall be resiclent within, or nearest to such Police	I'roclamation.

District, to ~ppoin t by warrant under his hand, an assessor for the

purpose of assessing the full m d h i r :mnllill value of such property,

and rating the same for a police rate: Yrovided always that such Governor map direct

police rate s l d l not exceed in tlie ~vhole	in m y oiie Gar, the	rate	a Suatice to do all ne-
ccssary nets in levy-

of sixpence in the poul~(l 011 tllc full and f i i r munnl vnlne of such ing a police rate by

property; 2nd soch nsswsor sl )all, witllin tlveaty-cigl~t	days sfter	nppoi~iting	assessors,
QC.
the delivery to liini of the n-mxult of his a~;pointiliellt,	mnlic, sign,

and ret~11w to the mid Special Alngistrntc or Justice, :W :rsst~ssinent

of the district named in such w:~rrimt, ard tllc nssesslne~lt s l d l be

fairly writteu in a book, aid sl~nll sprcify ill diffkreent colon~ns the

names of the rcsgcctive inl~bitimts or occ~~piers of all messuages,

lauds, teuements, mid lleretlitnuicuts, tlw full and fair annual value

of tlie same, mid the nmormt of police rate charged on the inlmbi-

tants or occ~~piers thercof and mhcn the preniises shtlll be utloccu- Modc of making th,e

pied, the full a i d h i r : L H ~ L ~ value thercot' to let; a i d every such asscssmtnt.

assessor sltiill be allowed for 11is trouble i d expcnscs such remu- neration ss tlie Chief Secretary may tlirect, slid the saule sliall be paid out of the auloui~t of the police rate wLich sll:dl be collected

under S U ~ I assessil~ent.

37. Wlzcn such assessn~cnt sliall lmve been allowed by the said Special Magistrate or J nst~cc OS the Peace, public notice of sucli assessnmit, and of the place wllere the same nmy be inspcctcd, sliall be givcii by each Blngistmto or Justice, by firing sucli notice in

When asscssmont is

some couspicuous part of the district to mllich such assessrne~zt	made, not ice thereof
s l d 1 relate as soon as the snrne slldl Iiwe beell so allowed; arid	shall be given, and all
persor:s iocludcd in

any persoil in wl~ose custody such assessment Jnny be shall pc.rmit the arsc:ssment shall

every inl~itbitiint or occupier oi' property included in sucli assess-	be at liberty to inspect
it, &c.

inent to inspect the smio, alld to ~llalce any extracts thercfroii~

witliaut payn~est of ally fee; and if such person s l d l wilfully	Penalty for refusing
neglect or refuse to permit ally sucll inhabitant or occupier to	such inspection.
inspect ssllclr assessment or to imke ;my extract tlicrcfroin, he shall, on colivietion tllereof, forfeit and pay for e\ery such offwerice u sum not exceeding Tliree poulds: Provided that if at any time it s ld l
Special Magistrate or
appear to the said Special Magistrate or Justiec of the Peace that	Justice may rectify
any property which ought to be included in m y assessmcnl; book	matters purely of error in assessment
shall bave );eel1 omitted therefrom, or that the name of nny person	book.

has been inserted therein as the inllabitmt or occupier of any pro- perty, in respect of whicli some other person ought to have been assessed, or that any other matter, purely of error, shall need recti- fication in such book, the said Special Magistrate or Justice of the Peace may causc a descdptioi~ of the property so omitted, and the mme of the inhabitant or occupier to be iilserted tlierein, togethcr with the annual value at which such property shall be assessed, and I U

may also substitute rbr the name of tile pcrson erroneously insertei.

therein as the inhabitnut or occupier ot any property nssessed, the

1iallle

33°VICTORIi33, No. 15.

Police Act.-1 869-70.

P * ~ ~ name of the true inhabitant or occupier thereof, and may also rectify any matter purely of error which may have been omitted or included in such assessment book.

Collection of the

police rate to be	38. The said Special Magistrate or Justice of the Peace shall amount of police rate ch~rged in every such assessment, who shall proceed insthe same manner, and shall have the sank powers, remedies, and privileges, and shall be subject to the same regula- tions and peilalties with reference to the lwyiog of such police rate
charged in euch	from time to time nominate one or more persons for levying the
aseeaement.
as if they were acting for any District Council in levying a special
rate, and shall nay over the amount of such nolice rate to the ~sse$sor, who s l h i account for and pay over the total amount of such rate to the Special Magistrate or Justice of the Peace, or i11 default thereof shall be proceeded against for non-p~yment.

Appeal againat	39. If	any person who shall have paid thc amount of police rate
assessment,

charged upon him by the assessuletlt made by the assessor sliall think himself agqrieved by such assessment, on the ground that such assessment iilcludes any property for which be is not rateable, or that it assesses his rateable property beyond its full and fair annual value, or that any person is omitted out of such assessment, or that the property of any person is assessed below its full and fair annual value, the person so aggrieved may appcal to the Local Court of Full Jurisdiction at Adelaide, or to the Ilocal Court within, or nearest to, such police district: Provided that the person so intend- ing to appeal shall, within thirty days after the publication of such notice of assessment, and within tell clear days, at least, before the sitting of such Court, give to the said Magistrate or Justice of the Peace employed in levying s~wh police rate notice in writing of such appeal, and of the cause atid matter thcrcof, and such appeal shall be heard at the Local Court held next af'ter ten clear days from the giving of such notice of appeal; and in case such person shall appeal on tlie gro~md t,lmt any pcrson is omitted out of the assess-	ment, or that the property of any person is assessed below its fill1	and fair aunual value, t);e party so appealing shall not only give
such notice of appeal as aforesaid, but sliall also give n like notice
of appeal to the person or persons so interested in the evelit of such

The assessment may	appeal as aforesaid, and the person so interested shall, if he shall
be dtered to relieve
the appellant without	desire it, be heard upon the appeal before such Court; and such
dbtiring any other	Court, upon dne proof of the notice being given, shall hear and
part of it.	determine tlie matter of the appeal, aud allall make such order therein, with or without costs to either party, as the Court shall think proper; and in case the Court shall think the appellant entitled to relief, they shall order the assessment to be amended in
such manner as may be necessary for giving him relief, and shall
also order any money paid by him which he was not liable to pay to be returned to him; and in case he shall have appealed on the ground that any person is omitted out of the assessment, the,Court m y order the name of such person to be iilserted in the assess-
ment, and to be therein rated a t such amount as they shall deew

just;

33" VICTORIB, No, 15.

Police Act,--1 869-70.

just; and in case the appellant shall have appealed on the ground that the property of any person is assesscd below its full and fair annual value, th;? Court Inay order the amount a t which such person

is rated in the assessmcnt to be altered in such manner as they shall

deem just; and the proper officer of the Court shall in each of the cases aforesaid forthwith amend the assessment accordingly, but the assessment shall not be quashed or altered with respect to any other persons named therein, and the determinstion of the Court shall be final and conclusive: Provided that no Special Magistrate or Justice of the Peace who shall have been employed io levying any police rate appealed from as aforesaid shalladjudicate in the matter of such appeal.

40. Whenever the Governor shall direct any Special Magistrate or Justice of thc Pcace to appoint an assessor to levy a police rate,	Whenever a Magia-
trato or Justice is
appointed for the
he shall cause a statement to be forwarded to the said Special	levying of a police
rate, a statement of -
Magistrate or Justicc of the Peace informing him of the full	the amount to be
amount of the rate required to be levied, and such amount shall	levied and other mntters to be for-
include not only the half share of the cost of maintenance of foot	warded to such
police in such Yolice District, but also all other expenses incurred	Magistrate or Juatioe.
or to be incurred in levying such rate; and the Governor may direct such fair and just remuneration and allowances to be payable to the said Special Magistrate or Justice of the Peace, out of the rate, for expenses incurred or services rendered, as he shall think proper.

41. Any Special Magistrate or Justice of the Pcace appointed by	Any such Magistrate
or Justice may do all

the Governor for the purpose of levying a police rate may do, or	acts which any Dia-
cause to be done, all such acts necessary, and shall have such powers	trict Council may do in levying a special
for recovering and enforcing the said rate in such Police District as	rate.
may be done or exercised by any District Council in the levying of any general rate; and immediately upon the receipt by such Special Magistrate or Justice of the Peace of any moneys in respect of such
And transmit amoun
rate, he shall forthwith remit the amount thereof to the Treasurer,	of rate levied to the
and shall furnish at the same time a full and clear statement of all	Treasurer after de- ducting expenses

moneys received and paid, and acts done by him under the	allowed, and furniah
provisions of this Act.	s full account.

PART v.-As to the powers of the Police Force and the

Apprehension of Offenders.

42. Any Inspector, Sub-Inspector, or any non-commissioned officer of the Police Force, shall have power, by virtue of his office,

Inspectors, Rub-

Inspectors, &C., may

board veaseh.

to enter at all times, with such constables as he shall think neces- sary, as well by night as by day, iuto or upon every ship, boat, or other vessel (not being then actually employed in Her Majesty's service, and not being a vesscl of war, the commanding officer whcreof shall hold a commission from any foreign Government or Power) lying or being in any harbor, or port, river, or creek, of the said Province, or any dock thereto adjacent. and into every part of such vessel, for the purpose of searching and inspecting the same, and of inspecting aud observing the conduct of all other persons

who s21dl be employed on board any such ship or vessel in or

about

33" VICTORIB, No. 15.

Police Act.-1869-70.

PART	v*	about the lading or unlading thereof, as the case may be, and for the purpose of taking all such measures as may be necessary for providing against fire and other accidents, and for preserving peace and good order on board of any such ship or vessel, and foF
the effectual prevention or detection of' any felonies or misdemeanors.

Taspectoa, Sub-

Inspectors, &C., to	43. Any Inspector, Sub-Inspector, or non-commissioned officer of
tolen property on

apprehend and seize	the Police Force, having reasonable or probable cause to suspect
board ehip.	that any felony has been, or is about to be committed on board of
any ship, boat, or other vessel (not being then actually employed
in Her Majesty's service, and not being a vessel of war, the com- manding officer whereof shall hold a comn~ission from any foreigu Government or Power), lying or being in any harbor or port, river, dock, or creek of the said Province, or that any person who hath committed an offence rendering him liable to apprehension, either with or without warrant, or that any person against whom any warrant shall liave been issued by any Justice or Justices of the Peace is harbored, secreted, or concealed on board of any such ship, boat, or vessel, may stop and detain such ship, boat, or vessel, and may enter at a11 times, with such constables as be shall think necessary, as well by night as by day, into and upon every such ship, boat, or other vessel, and into every part thereof, and may search and inspect the same, and therein take all necessary measures for the effectual prevention and detection of all such suspected felonies, and for the apprehension of all such suspected persons as aforesaid, and may and shall take into custody all per- sons suspected of being concerned in such felonies, or liable to apprehension as aforesaid, and shall also take charge of all property suspected to bc stolen; and if the master of any such ship or vessel, or ally other person shall resist or wilfully prevent or ob- struct any officer or constable of the Police Force wldst stopping, detaining, entering, or endeavoring to stop, detain, or enter upon such ship, boat, or vessel, or whilst searching and inspecting the
or rescue OF atten~pt to rescue, or assist any such suspected per- same as and for the purposes aforesaid, or shall harbor or conceal,
sons, such master aud every other person so offending shall be deemed to have cornmitted a misdemeanor, and shall suffer such puuishment by fine, not exceeding Fifty Pouuds, and such im- prisonment, with or without hard labor, for a term not exceeding six montlzs, as the Justice or Justices before whom such offender shall be convicted s2iall determine.
to visit houaes where
Empowering Police	44. Any member of the Police Force may enter into any house, room, premises, or place where any public table or board is kept for playing billiards, bagatelle, bowls, fives, racket, q~~o i t s, skittles,

ePrrisd

or ninepins. or anv game of the like kind. when and so often as 1 .I C1

any such member shall think proper; a i d m y enter into any house, room, or place, kept or used in the said Province for any theatrical or ~ u b l i c entertainments. concerts. musical or other

Police mmy enter	exhibitions, or lfor any show of ady kind ;hatsoever,	mhether
theatres, &C., and

remove thcrsfmm

admission thereto, is obtained by payment of money or not, a t any

time

33" VICTORIX, No. 15. 85

Police Act.-1869-70.

time when the same shall be open for the reception of persons P * ~ ~

resorting thereto, and may remove from such house, room, or place prostitutes and re-

any common prostitute or reputed thief, or other loose, idle, or puted thieves.

disorderly person who shall be found therein, and shall and may order any such common prostitute, reputed thief, or disorderly persdn to leave the said house, room, or place, and in case such person shall ref~ise to leave the same, any such coustable so ordering him may take such person into custody, and every such persou remaining in such house, rooni, or plnce after having been so ordered to leave, shall be liable to a penalty of not more than Twently bhillings.

45. Any member of the Police Force, without any warrant Power of apprehend-

other t h a ~ this Act, at: any hour of the day or night, may appre- ing offendern.

heild m y person whom he shall find drunk, or fighting, or using profane, illdecent, or obscene language, or who shall use any threatening, abusive, or insulting words or behaviour, with intent to provoke a breach of the peace, or whereby a breach of the peace might be occasioned in any road, street, or public place, or thorough- fare; and also any person who shall ride or drive through any road, street, or public plnce, or thoroughfare so negligently, careleasly, or furiously that the safety of any other person might thereby be endangered; and also ariy person who shall cruelly beat, ill- treat, overdrive, overload, abuse, or torture any animal, or cause the same to be done; and also any person who shall convey or carry any animal in any road, street, or public place, or thorough- fare in such a manner or position as to cause unnecessayy pain or suffering, and to apprehend all loose, drunken, or riotous persons whom he shall find disturbing the public peace, and all persons whom

he shall have just cause to suspect of having committed or bcing

about to commit any feltmy, misdemeanor, or offmce, or of any cvil designs, and all persons whom he shall find lying or loitering in any street, highway, yard, or other place, and not giving a satisfactory account of thenrselves, and all idle and disorderly persons, rogues

and vagabonds, and incorrigible rogues; and shall deliver any	person so apprehended into the custody of the constable who shall
be in attendance a t 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 until he shall have given bail for his appearance before a Justice of the Peace, if the constable shall deem it prudent to take bail in the manner herein- afterymeationed.

46. Any constable, when so ordered by any officcr of police, Power to apprehend peraona disturbin the

or whenever called upon by the master or chief officer of any , , , , board, % iPa

ship or vessel (not being then actually employed in Her Majestv's or v * ~ l * and in houses licensed for the

service, and not being a vessel of war, the commanding offider sale of fermented and

wbereof shall hold a commission from any foreign Government S P ~ ~ ~ ~ U O U S ~ ~ ~ U O ~ ~.

or Power), lying in any harbor, or port, river, or creek, or

any dock thereto adjacent, may enter into aud upon such ship or

vessel, and without any warrant other than this Act, to appre-

hend any person whom he may find drunk and riotously, or in-

decently

33" VICTORTB, No. 15.

PART V. decently behaving himself, or whom he may find fi&ing or

using threatening; abusive, or insulting words or behaviour and disturbing the peace and good order of such ship or vessel, or with intent to provoke R breach of the peace or whereby a breach of the ieace may be occasioned; and any constabl;,

whenever called upon by the holder of any licence for the sale

of fermented or spirituous liquors, may enter into the house

licensed for the sale of f'ermented or spirituous liquors occupicd

by the holder of such licence so calling upoli him, and without

any warrant other than this Act to apprehend any person whom he may find drunk and riotously or illdecently behaving him- self, or whom he may find fighting, or using tl~rcateaing, abusive, or insulting words or behavior, and disturbing the peace and good order of such licensed house, or with intent to provoke a breach of the peace, or whereby a breach of the peace may be occasioned; and any person so apprchcnded sliall he delivered into the custody of the constable, who shall be in attendance at the nearest police station, in order that such person inay be secured until he can be brought before a, Justice of the Peace to be dealt with according to law, or until he shall have given bail for his appearance before a Justice of the Peace, if the constable shall deem it prudent to take bail in manner hereinafter mentioned.

pcmon against whom a warrant has 47, Any member of the Police Force may, without a warrant,

been iaslled, a11d	take into custody ally person whom hc may have reasonable or
Qereon5 char@
recent assaults may	probable cause for believing or suspecting. to be a, person for whose

be apprehended wth- apprehension a warrant shall have been lssucd by any Justice or	out, warrant.	Justices of the Peace; and any meniber of the ~ b l i c e Force may take into custody, without n warrant, m y person who shall be charged by any other person with committing any felonious assault, in everv case in which such member s l d l have good reason to believe that Huch assault has been committed, although not within view of such member, and that by reason of the recent coinmission
Policemay apprehend	hension of the offender. of the offence a warrant could not have been obtained for the appre-

any offender whom 48. Any member of the Police Porcc, and all persons whom he

name and residence	shall Call to hie assistance, shdl take into custody, without a war-
is not known.	rant, any person who, within view of such member, shall offend in any manner against this Act, and whose name and residence shall be unknown to such member, and cannot be ascertained bp him,
Apprabension of	49. Any member of the Police Force, or any person whosoever, with or without a warrant may apprehend any reputed common prostitute, thief; loose, idle, or disorderly person, and all reputed
known offenders.
rogues and vagabonds, or incorrigible rogues who, within view of
such mernbnr of the Forcc or person apprehending, shall offend
against this Act, and shall forthwith take arid convty such offender
before a Justice of the Peace, to be dealt with in such manner as
herein directed, or deliver lrim to any constable or other peace officer of the place where he shall have been apprehended, to he

33" VICTORIZ, No. 15.

Police Act.1869-70.

so taken and conveyed as aforesaid; and any conshble who shall refuse or wilfully neglect to take sirclz ofknder into custody, or to take and convey him before a Justice of the Pcacc, or who sliall not use llis best endeavors to apprellend arid to convey hiui before a Justice of the Peace, sliall be deemed guilty of a ncglcct of duty and shall, on conviction, be punished iu such nianmr as herein directed.

Constables attending

50. Where any person who may be apprel-ended as aforesaid, or who may be charged with any petty misdemeanor, shall	at the police station
may take bail bp
recognizance from
be brought withoot the warrant of a Justice of thc Pence into the	pcrsons brought
custody of any constable, during his attendance at m y police statiou,	before them for
petty miedemeanors ;
such constable may, if he shall deem it prudent, take bail by recog-	such rccognixancc to
nizance, wit11 or without sureties, as the said constable shall think	be conditioned for the appearance of the
fit, without any fee or reward from such person, coilciitioned that	parties bcfnrc sr
such person hall appear for examination before a Justice of the	Justice of the Peace.

Peace, at some place to be specificcl i11 tlie recognizance, at the hour of ten in the forenoon next after such recognizance shall be taken, unless that hour sliall fall on a Sunday, or Christmas Day, or Good Friday, or any public holiday, and in that case at the like hour on tlie succeeding clay; and every recognizance so taken shall be of equal obligation on the partiesenterii~g illto tlw same, and liable to the same proceedings for the estreating thereof, as if the same had been taken before a Justice of the Peace; and the constable shall enter into a hook, to be kept for that purpose in cvery police station, the name, residence, and occupation of the party, and his surety or sureties (if any), entering into such recognizance, together with the condition thereof, and the suviis respectively acknowledged, and shall lay the same before such Justice as shall be present at the tiinc a i d place when and where the party is required to appear: and if the party does not appear a t the time and place required, or within one hour after, the Justice shall cause a record of such re- Ill acfnult of appoar- ance, recognizance to

cognizance to be drawn up and signed by the constable, and if the be forfeikd.

party not appearing shall apply by any person on his belialf to post- Time of hearing may

pone the hearing of the charge against him, and the Justice shall be postponed.

cor~sent thereto, the Justice sball be a t liberty to eiliilrgc the recog- nisance to such further time as lic shall appoint; and when the matter shall be heard and deternlincd, citller by thc dismissal of the case, or by binding the party over to answer the matter thereof, or otherwise, the recognizance for the appearance of the party befbre

a Justice shall be discllarged without fee or reward.

5 1. Any person Iound committing any offence punishable as Power ~ 0 1 1 ~ 0 and

pcrsons aggrieved to

a misdemeanor upon sumnlary conviction, may bc takcn into

certain

custody without a warrant by any mernber of the Police Force, offenders.

or may bc apprehended by the owner of the property on or

with respect to which the offence shall be committed, or by his

servant, br any person authorized by him, ailcl may be de&ued

until he can be delivered into the custody of s constable, to he

dealt with according to law; and every such coilstable luny also

stop, search, and detain any cart, carriage, or vehicle, in or upon

which t h e shall be rcasou to suspect that anything stolen or

unlawfully

33" VICTORL?& No. 15.

Police Act.-l8G 9-70.

T A ~ unlawfully obtained may be found, and also any person who may be reasonably suspected of liavinq or conveying in any manner anything stole11 or unlawfully obtnmed; and any person to whom

any property shall be offered to be sold, yawned, or delivered, if lie

shall have reasonable cause to suspect that any sucli offence has been committed with respect to such property, or that the same, or any part thereof, has been stolen, or otherwise unlawfully obtained, may apprehend and detain, and as soon as may be, deliver such offender into the custody of a constable, together with such U

EvevPrmn taken

into custody by con-	property, to be dealt wiih according t o l iw; and every person
stable. without war-	taken into custodv bv nilv mrnlbzr of the police Force without

h warrant shall be f&tl;;vitl;delivereditdeive into the custody of the constable

against this Act, or

for~ttymisdemeanor, in charge of the nearest station house, in order that such person

'O police be taken station, " may be secured until he can be brought before n Justice of the

Peace, to be dealt with according to liw, or may give bail for his appearance in case he sllall have been apprehended for any offence against the provisions of this Act, or for m y petty misdemeanor,

or if the constable in charge of such station shall deem it prudent

to take bail, in manner liereinbefore provided.

P ~ a r vr. PART VI.-General Provisions as to Offences, and Penalties to be

in force throughout the Province.

Penalty on 52. Every person who s l d l be found druuk in any road, street,

drunkards.	or public place or thoroughfare, shall for the first offence, be liable
on conviction, to a penalty not exceeding Oue Pound, or to im- prisonmeut with or without hard labor, for any terin not exceeding three days, and for any second or subsequent offeuce, to a penalty not exceeding Five Pounds, or to imprisonment with or without
hard labor, for any period not exceedilig fourteen days.

Fighting, rlotous

53. Every person who shall be guilty of any riotous or indecent

and indecent conduct.

behaviour, or of fighting, or of usitlg obscene language in any road,

@&'=M

-. .street, or public place or thoroughfare, or of disturbing the public

in any police station, &all bc liable to a penalty

.I---

esce, and also every persoli who sllall be ,guilty of ally riotous or

,; 5 w d k d e c e n t behavio~ir

of not more than Forty Shillings for every such offence, or to im-

prisonment, with or without hard labor, for any term not exceeding

p

c

fourteen days.

niaturhi~ ~0do"'er

of vessel in hsrbor. 54. Every person who shall, on board of any vessel (not then actually engaged in Her Majesty's Service) and not being n vessel of war, the comnramling officer whereof shall hold a conmission from

any foreign Government or Power, lying or being in any l~arbor or

port, river or creek, or in any dock adjacent thereto, be guilty of riotous or indecent behaviour while drunk, m of fighting or

using threatening, abusive, or insulting words or behaviour, and

disturbing the peace and good order of such vessel, or with intent to d

ni5tuaing of h o t l ~ licensed goodorJer for commit aUl~r,rex~h of the peace, or whereby a breach of the peace might

8.1s or fermented or have been occasioned; and every person who shall, in any house

8 ~ ~ t u 0 u ' "qUom* licensed for the sale of fermented or spirituous liquors, be guilty of riotous or indecent behaviour while druuk, or of fighting or using

threatening

330 VTCTORIB, No. 15.

89

Police Ac t. 1869 -70.

- pp--.

PART v K.

threatening, abusive words, or iilsulting behaviour, and disturbing

the pence of any suc11 licensed house, or with intent to commit a

breach of the peace, or wherehy n breach of the peace might have been occasioned, shall be liable to a peualty of not more than Forty Shillings or to inlprisoniilent for not more than seven days.

55. Every person who slrall unlawfully assault or beat any other Common a ~ u u ~ t a.

person shall, upon conviction, be liable to a penalty of not more than Five Pounds; but if the Justice, upon the heitring of ally such case of assault or battery, sliall deem the offence iiot to have been proved, or slmll find t'he assault or battery to have beer1 jostified, or so tlifling as ilot to nlerit any punishment, he s l d l accordingly disiniss such conqhint, and forthwith make out n certi- ficate micler his llands, stating the fhct a i d tlle grounds of such dismissal, and deliver sucli certiticstc to the party against whom the complaiiit was preferred; if any person against whom such colnplaint shall have been preferred for any conmon assault or battery shall have obtained such certificate as aforessid, or having been co:lvicted shall have paid the whole amoui~t adjndz~d to be paid under such conviction, or s l d linve suffered the itilprisonment awarded for non-paplent tlicreof, in every such case he shall be released from all further or other proceedmg?, civil or criminal, for the same cause: Provided that if tlie Justrce shall consider the

assault or battery complnii~ed of a, fit subject fur indictment, he may	deal with the case iu all respects as if this provision lrad not been
made: Provided also, that nothiijg herein cont~i i~ed shall authorize any Justice or Justices to hear and determine m y case of assault ancl battery in wl~ic l~ m y question shall arise as to the title of any lands, tellernents, or hereclibaiue~~ts, or any interest therein, or accruing therefrom, or as to any bankruptcy, or insolvency, or any executioll under the process of silv Court of Justice.
56. Any person who shall ride or drivc through any road, street, or public place, or thoroughfkrc, so negligently, carelessly, or Nt&igent or furiour

dnvmg.

endangered, shall be liible to a pcrmltg of not more than Forty	furiously, that the safetv of acy other person might thereby be	Sldlings.
57. Ally irilividual who shall offend against decency, by the ex- posure of his person in any street or pnblic place, or in the view rennlty on indecent cxpoaurc of the

person.

thereof, shall, on conviction, forfeit ancl pay for every such offence, a sum not exceeding Ten Pounds, or shall be con2mittc.d to gaol, there to be kept to hard labor, for any time not exceediug one calendar month.

58. Any person wlio shall be convicted of wantonly or lualiciously breakinq or i~~ ju r ing any pane of glass, lamp or lanlp-post, or ex- tinguishing any lamp set op for public convenieuce, shall, over and	Injuring or cxtin-
gu41ing laapa.
above the n e c h s s q expense for rcpairing the injury committed, to
bn estimated by thc Justice befbre whom such offender shall be brought, forfeit 2nd pay upon cowictioi~ for every such off'cace, ;my sum not exceeding Five Pouads.

59. Any

so 830 VICTORIB, NO. 15.

Police Act.-1869-7'0,

PART vr. 59. Any person who shall sing ally obscene song or ballad, or

Obscenity. write or draw any indecent or obscene word, figure, or represeii-

~'Y tation, or use any profane, indecent, or obscene lnnguage, or any

kpL	common prostitute who shall sslicit, importune, or accost any per- son or persons for the purpose of prostitution, or loiter about for the
purpose of prostitution in any public street, road, tlwroughfare, or place, or within the view or henring of ally person passing therein, and any person who shall use any threatening, ahsive, or in-

&- doulting words or behaviour in any public street, road, tlmrooghfarc, or place, wit11 intent to provoke n breach of tke pcace, or whereby a breach of the ueace inav be occasioned. shall forfeit and pav I d on conviction an; sum n<t exceeditig Two Pounds, or may be committed to gaol for any period not exceeding one calendar month.

Stealing a dog, &c. 60. Any person who shall steal any dog, or sllall steal any bird being the subjcct of larceny, ~llall, on conviction, for cvery such offence, forfeit and pay, over and above the value of the dog, animal, or bird, such sum of money not exceeding Twenty Pounds, as to the Justice shall seem meet.

d.4 or other animal ordinarily kept in a state of confinement, and not

/ f ./ - ' 0

Challenge to fight.	61. Any person who shall send or accept, either by word or letter, any challenge to fight for money, or shall cngagc i n any prize-fight, shall forfeit and pay a sum not less tJhan Two Ponncls, nor more than Twenty Pounds, or niay be imprisoned, with or without hard labor, for any term not exceeding three calendar mol~t l~s; and the convict-
ing Justice or Justices may, if he or t h y slinll think fit, also require
the offender to find suret~es for keeping the penccJ.
Idle and disorderly
peraone.	62. Any person who sllall commit any of the nest following offences shall be dccnied an idle and disorderly person within the meaning of this Act, and stisll be liable to the punishinent next hereinafter mentioned-

First-Any	insufficient lawful means of support, a10 being thereto person having no visible lawful meails of' support or
required by any Justice of the Peacct, or who having beell duly summoned for such purpose, or brought before any Justice, shall not give a good account of his nleans of sun- port to the satisfaction of such Justice:

Second-Any person not being an aboriginal native, or the c ldd

of any aboriginal native, who, being foulid lodging or wau- dering in company with any of the aboriginal natives of tlic said Province, & of the adjoining Colouies, and beiug thereto required by any Justice of the Pence, shall not give a good accouut to the satisfactioil of such Justice that he hath a lawful fixed place of residence sud lnwful means of support, and that such lodging or warderiiig hakh been for some tenlporary and lnwful occasion only:

Thirci-Any person wandering abroad, or froiu house to honse, or placing himself in any public place, street, highway, courb,

h 1 %- am

M or

330 VIC'L'ORIL;E, No. 13. 91

Police Act,-1869-70.

or passap to Leg or gather alms, or causing, or procuring,	PART
or encouraging any child to do so:

Fourth-Any person found by night with any gun, pistol, sword,

bludgeon, or any offensive weapon or instrument, who, being thereto required, shall not give a good account of his means of support, and assign a valid aud satisfactory reasoll for his being so armed:

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

drunkenncss within the preceding twelve months.

Seventh-The occupier of any house which shall be frequented

b~ reputed thieves, prostitutes, or persons who have no

visible means of support:

Eighth-Every conlrnon prostitute wandering in the public streets

or highways, or beins in any tborou~hFhfare or place of public

resort, and behaving in a riotous or indecent manner:

Shall be liable to imprisonment for any time not exceeding two calen-

dar months with or without hard lsbor; and evcry such gun, pistol, sword, bludgeon, and other offensive weapon and instrument shall, on convictiou of the offender, become forfeited to Her Majesty:

63. Any person who shall commit any of the next following Roguaandnga-

offences sl~nll Le- a rogue and vagabond within the meaning of bonds.

this Act, and be liable to t l ~ c	punishment next hereinafter mentioned-	?/.r-l-h	F 6'	f
W	f

First-Any	person committing any of the offences hereinbefore mentioned, hnviug been previously convicted as an idle and	5
disorderly person:	7 *7?5y7 f

Second-Any person soliciting, gathering, or collecting alms,

subscriptions. or contributions under m y false pretence, S

.S

or wandering abrond and eudcavoriag by the exposure of

wounds or deformities to obtain or gather alms:

Third-Any person imposing or cndeavoring to impose upon any

charitable institution or private individual, by any false or freodolent repmsrntntion, either verbally or in writins, with n view to obtain money or any other benefit or advantage:

Fourtlc--Every person pretending to tell fortunes, or using any

subtle criift,, ineltns, or device by palmis try, or otherwrsc, to

deceive and impose upon any of Her Majesty's subjects:

Fifth-Any person lmving in his custody or possession without lawful excuse (the proof of which excuse shall be on such person), any picklock, key, crow, jack, bit, or other imple- ment of housebreaking:

Sixth-Any

person wilfully exposing to view in any street, road,

thoroughfare

- 2 F

33" VICTORIB, No. 15.

PART vx.

-- thoroughfare, highway, or public placc, or shall expose or cause to be cxposcd in any window, or other part of any shop or other bnilding situate in any street, road, tliorougli- fare, public place, or highway, or who s l d l offer for sale or attempt to dispose of any obscene book, print, picture, draw- ing or representation:

Seventh-Any person wilfully, openly, lewdly and obscenely

exposing his person in anv strcct, highway, road, public high- way, or in the view thereof, or in nny place of public resort:

Eighth-Any person playing or betting a t thimble-rig, or any

unlawful game:

Ninth-Any	person playing or betting at thimble-rig, or at or with any table or instrument of gaming, at any game or pretended game of chance in any street, road, highway, or other public place, or in any railway carriage, or at, on, or near any race-
course, fair, exhibition, or show buildings, or grounds: -

Tenth.-Any suspected person or reputed thief fycqueating 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 ally avenue leading thereto, or any street, high-

way, or place adjacent with intent to commit fklony:

Eleventh.-Any person apprehended as an idle and disorderly

person, and violentlv resisting any constable or other officer so apprehending liihl, and being subsequently convicted of tlie oflence for wlliclz he shall have been so apprehended:

Twelfth.--Any person being found in or upou any dwelling! lands,

warehouse, coach-lronsc, stable, or outhouse, or In any

enclosed yard, garden, or area for any unlawful purpose:

Thirtcent11.-Every person wandering about and lodging in any

outhouscl, deserted or unoccupied building, or in the open air, or is auy cart or wag.q!n, not having any visible means of subsistence, and not gving a good account of himself:

Fourteenth.-Every person leaving his wife or child cllargeable,

or whereby any of then1 shall become chargeable to the public,

or without the means of support other than public charity:

Sllall be liable to imprisorlrnent in any gaol in the said Province with or without h r d Iabor for any time not exceediug three calendar months; and every such picklock, key, crow, jack, bit, and other implement of house-breaking, and every such table or instrument of gaming shall, on conviction of the offender, become forfeited to Her Majesty.

Incorrigiblero~es.

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

offeuces shall be deemed an incorrigible rogue, and shall, on con-

Cj xC~yz 'u7f viction

33" VICTORIZE, No, l5 03

Police Ac t .1869-70.

PART W.

viction before two or more Justices, or a Special Magistrate, or n

1,ocnl Court, be liable to the punishment next hereinafter specified-

First.--Any person who shall break or escape out of any place of legal ro~ifinernent before the expiration of the term for which be shall have been committed or ordered to be con- fined by virtue of this Act:

Second-Any person committing any offence which shall subject

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

Third.-Any person fipprehended as a rogue and vtxgnbond, and

violently resisting any constable or other peace officer so apprclmlding him, and being subsequently ccnvicted of the offence fa - which he shall have been so apprehended:

Shall be linhle to i~nprisorirrieut in m y gaol ill the said Province for any term not exceeding one year with hard labor: Provided that notl~ing shall prevent such offender from being committed to the nearest gaol, there to remain until the next sitting of the Local Court, or the next criminal sittings of t l ~ e Supreme Court, to be l d d in the said Province, or nearest to where the said offence shall have been cominitted; and every offender who shall be so com- mitted as aforesaid shall be there kept to hard labor duriog the period of his imprisonment.

65. Every person who shall be brought before any Justice of the ~ ~ ? ~ ~ ~ ~ ~ ~ c ~ ~

Peace, charged with having in his possession, .or conveying in any manner, anything which may be reasonably suspected of being stolen or uiilawfully obtained, and who shall not givc an account to the satisfaction of such Justice, how he came by-the same, shall be deemed guilty of a misdemeanor, and shall be liable to a penalty of

not more than Five Pounds, or may be imprisoned in any gaol in

thc said Province, with or without hard labor, for any time not exceeding two cale~d'dr months: Provided that in case the true owner	of the goods so suspected to have been stolen or unlawfixlly obtained	shall not be discovered within one month from the conviction of the
offcnder, such goods may be sold by public auction and the proceeds of such sale, if not claimed by the lawful owner within twelve months, shall bc paid to the ~ reasure i for the purposes of the General Revcnuc of the said Province.

66. Whenever any credible witness shall prove upon oath, before Penalty on persona in whose poseession

any Justice of thc Pcace, that there is reasonable cause to suspect ,,,,,b

is

that any of the articles of property hereinafter mentioned has been taken Or found, and not s h e -

taken or stolen, and is to be found in any house or other placc, it factorily accounted

shall bc lawful for such Justice to issue a warrant to search such for.

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 such search-warrant (or by any member of

the Police Force when executing any warrant, or otherwise actin6n

the discharge of his duty), and who shall :.ot satisfy the Justice

before whom he shall be brought that he came lawfully by the same,

or

33O VICTORIZ, No. 15.

vr.

- or that the same was on his premises without his knowledge or assent, shall, on cnllviction of any of the next following offences, be liable to the punishment hereinafter specified-

First-Any person in whose posscssion or on whose premises any

goods, merchandize, or other articles belcnging to any ship or vessel in distress, or wrecked, stranded, or cast on shore, shall be so found, and who shall not satisfy the Justices that

he came lawfully by the same, or that the same was on the

premises mithout his knowledge or assent, shall be liable to a fine not exceeding Ten Pounds, or to bc imprisoned, with or without hard labor, for any term nut exceeding two months:

Second-Any person in whosc 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 who shall not account

for the same in manner aforesaid, shall be liable to a fine

not exceeding Tcn Ponnds, or to be imprisoned for a term

not exceeding two months, with or without hard labor:

Third-Any person in whose possession or on whosc premises the whole or any part of any tree, sapling, or shrub, or any under- wood, or any part of any live or dead fence, or any post, pale, rail, stile, or gate, ur any part thereof (being of thc value of One Shilling at the least), shnll bc so found, and who shall not accouiit for the same in manner aforesaid, shall pay to the party aggrirved the value of the articles so found, and shall also be liable to a fine not exceeding Five Pounds, or to be imprisoned, with or without hard labor, for a term not ex- ceeding one month:

Fourth-Any person who shall offer or exposc for sale any goods,

merchandize, or articlcs, which shall have been unlawfully

from any ship or vcssel in distress, or wrcclsed, stranded, or taken, or reasonably suspected to have been unlnwf~dly taken,

cast on shore, as aforesaid (whether found by virtue of a

srarch-warrant or not), and who shall not account for the same in manner aforesaid, shall pay such sum as the Justice aforesaid shall fix as a reasonable reward to the person who shall haw seized the same, and shall also be liable to a fine not exc~eding Ten Pounds, or to be imprisoned for a term not exceeding two months; and in every such case any person to whom the same shnll be offered for sale, or any officer of the Customs, or member of the police, may lawfully seize the same, and ~11~~11 with all convenient speed cause the same to be removed to some Justice of the Peace, and in every case it shall be lawful for the Justice by or before whom the case shall be heard, to direct that such articles of property shall be delivered over to the rightful owner if

known, or, if not known, that the same shall be sold, and the

proceeds thereof applied in like manner as any penalties

under this Act :

Provided

330 VICTORIB, No. 15. 95

Police Act.1869-70.

P * ~ ~ *I*

Provided that if any person shall not, under the provisions last afore- said, be liable to conviction, it shall be lawful for the Justice, at his discretion, to compel the attendance before him of any person through whose hands any such article or property, or any part thereof', shall appear to have passed, and if the pcrson 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 lawfilly by the same, he shall be liable to the punishment herein- before specified in each case.

ww %qQr0frS -L

67. Any person mho all commit any -of thc nexl following penalty o

offences shall, on convic	thereof, be liable to the punishment animale.	f - '	. " '
hereinafter specified for t	P

First-Any person wh

overdrive, or cause or procure to --

overdrivcn, over- supply with suffi-

Second-Any person shall keep or use, or act in the manage-

ment of any	the purpose of fighting or baiting any
kind of	hall permit or suffer any place to be so
used:

Third-Any person who all in any manner encourage, aid, or

assist at the fighting baiting of any animal:

Fourth-And any person shall convey or carry, or cause to 1 3 4 c. 2% f

be conveyed or any animal in such a manner or I

position as to	animal to unnecessary pain or	S - /3-
suffering:

shall, for every such e liable to a penalty not exceeding

Five Pounds, or to with or without hard labor, for

any period not months:

Fifth-Any person who l by wantonly and cruelly beating, ill-

treating, verloading, abusing, inciting to fight,

depanwhendeaired
eo to do.
Penalty on playing	person who shall play or sound upon any musical instrument, and
musical inatrumen..	against whom an information may be laid by any inhabitant (who may be annoyed by the playing or sounding of such musical instru- ment), or by any constable, upon the written complaint of such in- habitant, shall be liable to a penalty of not more than Forty Shillings.
Hw-atyes and nui-
sances not removed	81. I n case any privy, pipsty, or any other thing, shall be or become a nuisance to any of the inhabitants, any two Justices of the Peace, or any Special Magistrate, upon complaint, on oath, thereof to him made by any such inhabitants, and after due investigation of such complaint, by notice in writing, may order that every or any such privy, pig-stye, or other matter or thing being a nuisance, shall be remedied and removed within seven days after such notice shall
on complaint.
have been given to the owner and occiq~ier of the premises wherein
such nuisarlce hall exist, or shall have been left for such owner, or occupier at his or her last or usual place of abode, or on the said premises; and every such occupier neglecting to remedy or remove such nuisance pursuant to such notice, and to the satisfaction of such Justices or Special Magistrate, shall forfeit and pay, on con- viction before such Justices or Special Magistrate, the sum of Ten Pounds for cvery such neglect and disobedience; and such Justices or Special Magistrate mny lay or cause to be laid an information for
such nuisance against such person so neglecting or disobeying any such notice, at the then next sitting of the Court of competent juris- diction 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 rnisdemeanor
as the said Court shall direct.

A& to private WC!JWS. 82.

Any owner or occupier of any house or place who shall neglect to keep clean all private avenues, passages, yards, and ways, within the said premises, so as by such neglect to cause a nuisance by offensive smell or otherwise, shall, on conviction, forfeit and pay a sum not exceeding Forty Shillings nor less than Ten Shillings for every such offence.

Bathing prohibited 83. No person shall bathe near to or within view of any public

wibhin certain limits, wharf,

33" VICTORIZ, No. 18.

wharf, quay, jettv, bridge, street, road, or other place of public PART vrr.

resort, between th i hours of six in the morning and eieht in the V U

evening; and any person who shall offend against this regulation, shall, on conviction, forfeit and pay a sum not exceeding One Pound; and any constable may take into custody any person who shall commit any such offence within view of such constable: Provided that where any Municipal Corporation shall have made, or shall make, any by-law for regulating public bathing, the hours named in such bylaw shall be deemed to be inserted in this clause, and shall govern the offence, instead of the hours named in this clause, in the case of offences committed within the limits of any such Municipal Corporation, and within the places to which any municipal by-law shall apply.

84. Any person who shall damage any public building, wall, AB to damaging publia

parapet, sluice, bridge, road, street, sewer, water-course, or other buildings.

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 ex-

ceeding Ten Pounds, nor less than Two Pounds.

85. Any person who shall cast any filth or rubbish into any An to water-cowem.

water-course, or canal, or sl~all obstruct, or divert from its channel, any public sewer or water-course, shall forfeit a sum not exceeding

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.

86, Any person who shall injure any public fountain, pump, cock, Aa to injuring publir

or water-pipc, or any part thereof, shall pay the cost of repairing the fountaim.

same; and if the injury be wilfdly 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 private key for the

purpose of opening any cock, or who shall in any matter clandestinely,

or unlawfully appropriate to his use any w a t e ~ from m y public

fountain or pipe, shall forfeit a sum not excreding 'l'en 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, shall 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 lem than Five Shillings.

87. If any person shall drive or cause to bc driven any cart or slop, nigat.80il, &c,,

other carriagc with any night-soil or ammoniacal liquor or other to be conveyed away

only at certain hourr,

such offensive matter therein, through, or in any streets, public places, or thoroughfares, between the hours of five o'clock in the morning and eleven o'clock at night, or who shall at any time use for any such purpose any cask, tank, cart, or carriage not having a proper covering, or shall 611 any cart or other carriage so as to tarn over or cast any night-soil, ammoniacal liquor, or such other offen- sive matter, in or upon any of such streets, public places, or thorough-

fares,

2 I

101 33"ICTORIE, No. 15.

Police Act,- 1869-70.

PAETWL	fares, 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 theauthority of this Act, and without any other authority or
warr&t, to convey him before any Justice of thk Peace; and &ch Justice is hereby authorized and required to hear evidence, and

Penalty $6,	determine upon such offence, and every such person so offending
proviso.	shall, for every such offence, forfeit and pay any sum not exceed-
ing Five Pounds; Provided always, that in case the person so
offending cannot be apprehended, then the owner of such cart or

be liable. other offensive matter shall be put or placed, and also the employer 1x1 what oaae owner to carriage; in which suc6 night-soil, or amrnoniacal liquor, or such

of the person so offending, shall be liable to and shall forfeit and

pay such penalty as aforekid.

H O I I ~ of removing 88. If any person shall empty or begin to empty any privy, or take away any night-soil, or shall go with carts or carriages for that purpose except between the hours of eleven 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 streets, or public places, or thoroughfires, any Justice of the l'eace may commit

night-soil, &Q.

o ~ ~ e r m ? b e c o m *	every such offender, upon c&viction, to gaol for any time not ex-
mitted to pnson.
ceeding thirty days, to be computed from the day of comm~tment; and the, owner of any carts, carriages, horscs, or beasts employed
in and about emptying and rcmoving such night-soil, or going for
that purpose (save and except within the hours hereby allowed) or
Penalty on owner of	the employer nf any person who shall so put or cast out any such
carts, &c.,oremploycr.	night-soil, shall forfeit and pay the sum of Five Pomds for every -
such oifence.
Dead animala not to

be thrown into any 89. No person shall throw or leave, or cause to be thrown or left

public wag, creek, or	any dead animal, or any part thereof, upon any street, lane, road, or
river, nor upon private
property abutting on	other publjc place, or into any river, creek, or other stream which
highway.	shall flow through, by, or along any such street, lane, road, or other place, or leave or cause the same to be left upon the shores thereof,
abutting upon any such street, or on or near to any other public or leave or cause the same to be left on or upon any private property place, to the annoyance of the inhabitants or persons passing along or resorting to such street, lane, road, or other public place, or the occupiers ,of ,any dwelling-house, and any person who shall be guilty thereof$ shall, on conviction, £orkit and pay any sum not exceeding One Pound nor lesa than Five Shillings.

WO M, gravel, &c , 90. Any person who shall form, dig, or open any drain or sewer, stone, or other materid used in the formation of the streets, roads, or other public highways, in or from any part of the carriage or footways,.of any place not induded in or forming part of any Municipal Corporation or District Council, without the written leave andliaence of su& ;Municipal Corporation or District Conncil or in casq such place shall not be within the limita of any such Corpora-

to be removed from

atre& without per-	or rewve, or cauae to be removed, any turf, clay, sand, soil, gravel,
mkion.
tion or Council, without the written leave of a.Special Magistrate or

i ' two

j+ ** - * +.

33"1CTORTB, No. 15. 105

two Justices of the Peace, first had and obtained, or who shall	PABT	vrr.
wantonly break up or otherwise damage the said streets, roads,
carriage, or fbotmays, shail, on corwiction, forfeit and pay for every
such offence any sum not exceeding Five Pounds nor less than One Pound.

drawn upon any part of the streets or public places any timber, stone, timber, &c. 9 1. If any person shall haul or draw, or cause to be hauled or Drawing or trailing

or otber thing, otherwise than upon wheeled carriages, or shall suffer any timber, stone, or other thing, which shall be carried principally or in part upon wheeled carriages, 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 sucll carriage, so a s to occupy or obstruct the street or r o d beyond the breadth of the said carriage, every such person so offending shall, on conviction, forfeit and pay for every sush offence the sum of Forty Shillings over and above the danlages occasioned thereby.

92. If the owner or occupier of any house, building, or premises, Eatrancca to cellars,

having any iron or wooden rails or bars over the areas, or openings ~$~~$~;;:$~	to any kitchens or cellars, or other part or parts of the said house,
building, or premises bkneath the level of the footway of an; streets 6r places, or having any doorway or entrance into the basement or cellar story thereof, shall not either keep the same, or the rails of such lritchcns or cellars, in sufficient and good repair, or safely and ~ecwely guard, and constantly keep the snmc securely guarded by a rail, or cover the same over with a strong flap or trap- door, according to the nature of the case, and so as to prevent danger to any persons passing and repassing; or if any such owner or occupier do or shall leave open, or not sufficiently and substantially cover, and keep covered and secured, any coal-hole or other hole, funnel, trap-door, or cellar-flap belonging to or connected with his house, building, or premises (sare and except only during such rea-
putting down or taking up out of any such vault or base~nent story, sonable times as any coals, wood, casks, or other things shall be or d u m g such reasonable times as the 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 the limits thereof, or otherwise of any two Justices of the Yeace 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 ncglect- illg so to do, for every such offence, on conviction before, or in view of any Justice of the Peace, shall forfeit and pay any sum not being less than Forty Shillings nor more than Five Pounds.
93. Xo person shall make any cellar, or any opening, door, or window in or beneath the surface of the footway of any street or Cellars or openinga beneath the surface of

footway8 prohibitcd,

public place, and if any person shall offend in the premises he shall, on conviction before any Justice of the Peace, forfeit and pay the

. m m

330 VICTORIIE, No. 15.

Police Act .1869-70.

sum of Five Pounds over and above the expense of remedying or removing any such cellar, opening, door, or window made contrary to the provisions hereof', such expense to be assessed and allowed by such Justice.

Wells to be covered	94. Every person having a well situated between his dwelling- house, or the appurtenances thereof, and any street or footway, or at the side thereof, or in any yard or place, open and exposed to such street or footway, who shah not cause such well to be securely and permanently covered over or otherwise secured shall, upon convic- tion, for every such offence, forfeit and pay the sum of Two Shillings and Sixpence for every day that such wcll shall remain open or uncovered contrary to the provisions of this Act.
Holes made for
vaulb, &C., to be	95. Any person who, being the owner or occupier of any vacant ground, or any house, tenement, or bui1dir.g erected, or being erected, or about to be erected, before, adjoining. or at the side of which, and adjoining to any road, street, or public place, or thorongh- fare formed, or to be formed, or in course of formation, any person shall dig or make, or cause to be dug or made, any hole, or cause to be left any hole, for the purpose of imking any vault, or the founda- tion to such house or other buildings, or for any other purposes whatsoever, shall not forthwith enclose the sa.me in a good and sufficient nlanner, or who s l d l keep up, or cause to bc kept up and continued, any such enclosure for any time which shall be longer than shall be absolutely necessary, or shall not, when thereunto required by any Justice of the Peace, or surveyor, or clerk of any Municipal Corporation or District Council, well and sufficiently fknce or enclose any such hole, or area, or space, opened, or left open, and intended for an area, foundation, or for any other purpose whatsocvcr, in the front of, or behind, or on the side of any such vacant ground, house, or other tenement or building, iu and adjoining to any such street or public place fbrined, or to be iormed, or forming, twenty-four
enclosed.
hours after he or they shall be required to do so by any Justice of the Peace, or surveyor, or clerk as aforesaid, and in the manner, and
with such materials, as he shall direct, a ~ d to his satisfaction, and shall not place a light upon the said enclosure, and keep 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 Shi!lings nor exceeding Five Pounds.
PART VIII.-Miscellaneous Provisions.

over.

vanant8 to B ~ P I Y ) - 96. Any Justice of the Peace, upon oath bcing made before him

hend offenders. that any person hath committed or is suspected to have committed any offence against this Act, may issue his warmnt to apprehend and bring before him or some other Justice of thc Yeace the person so charged, to be dealt with as directed by this Act.

Loag%h0~@4 b 97. Any Justice of the Peace, upon information on oath that any

may be seiarohed. person

33" VICTORIB, No. 15.

Potice Act.--1 869-70,

person hereiubefore described to be an idle and disorderly person, or	PAET vrm
6 rogue and vagabond, or an incorrigible rogue, is, or is suspected to
be, in any house, tent, or place, kept or purporting to be kept for the reception, lodging, or entertainment of travellers or others, or that any tent, house, or place is a disorderly house, house of ill- fame, or bawdy house, may enter the same at any time, by day or night, or issue his warrant authorizing any constable or other person in like manner to enter the same, and to apprehend and bring before him, or any other Justice of the Peace, every snch idle and disorderly person, rogue and vagabond, or incorrigible rogue, as shall be found
therein, to be dealt with in the manner herein directed.

person, or being lawfully obtained shall be unlawfully deposited, thing from broken. 98. I f any goods shall be stolen, or unlawfully obtained from any Power to deliver

pawned, pledged, sold, or exchanged, and complaint shall be made	< J,J& 6	/7
thereof to a Justice of the Peace, that such goods are in the posses- sion of any broker, dealer in marine stores, or other dealer in second- hand property, or of any person who shall have advanced money upon the credit of such goods, it shall be lawful for such Justice of the Peace to issue a summons or warrant for the appearance of such broker or dealer, and for the production of the goods, and to order such goods to be delivered up to the owner thereof, either without any payment, or upon payment of such sum and at such time as the Justice of the Peace shall think fit; and eve1 y broker or dealer who, being so ordered, shall refuse or neglect to deliver up the goods, or who shall dispose of, or make away with the same, after notice that such goods were stolen or unlawfully obtained as aforesaid, shall for- feit to the owner of the goods the full value thereof, to be deter- mined by the Justices of the Peace: Provided always that no such order shdl bar any such broker or dealer from recovering possession
of such goods by suit or action-at-law from the person into whose
possession they may come by virtue of such order, so that such action be commenced within six calendar months next after such

order shall be made.

99. If any goods or money charged to be stolen or fraudulently Power to deliver

obtained shall be in the custody of any constable by virtue of any

warrant of a Justice, or in prosecution of any charge of felony or

misdemeanor with regard to the obtaining thereof, and the person f, X / ( A- [T re-

charged with stealing or obtaining possession as aforesaid shall not - %R	C *+	&--
be found, or shall have been summarily convicted or discharged, or
shall have been tried and acquitted, or if such person shall have been
tried and found guilty,but the property so in custody shall not have been included in any indictment upon which he shall have been fouod guilty, any Justice of the Peace may make an order for the delivery of such goods or money to the party who shdl appear t~ be the rightful owner thereof, or in case the owner cannot be ascer- tained, then to make such order with respect to such goods or money as to such Justice of the Peace shall seem meet: Provicled always, t$at no such order shall be any bar to the right of any person to sue theLparty to whom such goods or money shall be delivered, and re-

cover

2 K

33" VIC'TORIB, No. 15.

Police Act.-1869-70.

- PART v m. cover such goods or money from him by action-at-law, so that such action shall be commenced within six calendar months next after such order shall be made.

T ~ i ~ A c t n o t t o ~ ~ ~ *

vent the indictment of 100, Nothing in this Act contained shall save any person from

&endera, or liability an infarmation for any indictable offence made punishable on sum-

higher penaltiea mary conviction, or prcvcnt any person from being liable to any higher or other penalty or punishment than is provided for such offence -- by this Act, but no person shall be punished twice for the same offence.

ce*RinOffendeTsma~

be committed to Court 101. Where any person is charged before any Justice of the Peace such Court, the Justice before whom such person is so charged, may commit such person for trial to any Court of competent jurisdic- tion.

of saperiorjuriadic-	with an offence cognizable by a Court of superior jurisdiction, and
tion.	in the opinion of such Justice the case is proper to be disposed of by

Powertoawaramta. 102. Any Justice or Justices of the Peace who shall hear and

determine any charge or complaint, whether a warrant or summons shall have been issued in consequence of such charge or complaint or not, may award such costs as to him or them shall seem meet, to

be paid to or by either of the parties to the charge or complaint.

for frivO1Ou

informations. 103. I n every case in which any information or complaint of any

offence shall be laid or made before any Justice of the Peace, and

shall not be further prosecuted, or in \;hieh if further prosec;ted,

i t shall appear to the Justice or Justices of the Peace by whom the

case shall be heard that there was no sufficient ground for making

the charge, such Justice or Justices shall have power to award such

amends, not more than the sum of Five Pounds, to be paid by the

informer to the party informed or complained against, for his loss of

time and expenses in the matter, as to such Justice or Justices shall

seem fit.

Police moiety of finea, 104, When any person employed in the said Police Force shall bc seizure under this or any other Act in force within the said Pro- vince, the amount of the proceeds thereof shall go to a general fund,

&C., to go to n fund

for sYp,Bnnuatim	entitled to the whole or any portion of any forfeiture, penalty, or
prpo~es.

p@ : 86+-4 {to be called the " Police Fund," ancl all moneys which at the com-

5.S a mencement of this Act have accumulated in respect of ally such forfeitures, penalties, or seizures shall be transferred to the said " Police Fund." The said " Police Fund " shall be invested from time to time in the names of the Commissioner of Police, the Under Secretary, and the Under Treasurer for the time being, who shall, in all matters in relation to the said fund, act in obedience to such regulations as ma: fiom time to time be made by the Governor in Council. in respect to the said fund; and the Governor in Council may make regul&ions-

For the disposal of the said fund, by providing for the retirement

of members of the said force who may have retired after the

twenty

33" VICTORIB, No. 15. 109

Police Act.--1859-70.

twenty-ninth day of November, 1869, on the principles p	PART	X-111.
vided for the retirement of officers of the Civil Service of the said Provir~ce, under Act No. 9 of 186.5-6, intituled " An Act to amend the law relating to the ltetirement of Officers in the Civil Service, and for other purposes:"

For reimbursing to any member of the said force the costs and expenses which he may have incurred in defending himself in any action or prosecution which may be instituted against him, in respect of ail y act done by him in the discharge of his duty as a member of the said force, or any danlages awarded to be paid by such member, if' the Chief Secretary shall be of opinion that such member be not blamcablc in respect of the subject matter of such action:

And for paying to any member such sum of money as a reward for any specially meritorious scrvicc as the Governor in Council

may award:

But no member of the said force, who shall be on the fixed esta- blishments of the Civil Service, within the terms of the said Act, No. 9 of 1865-6, shall be entitled to any retiring allow-

ance or compensation out of the said fund:

Provided, however, that no person shall have any claim against the Government or revenue of the said Province in the event of the said

fund proving insufficient to sati~fy all denlands upon it.

105. A copy of the Governnzmt Gazette containiag a notification Government Qumtts

of any rnnttei by this Act rcquired to be publ is ld in such Gazette the cvidcnce.

shall be p~irnufixit!	evidence of the matters contained in such noti-
fication,

106. All proceedings under this Act, in so far as not otherwise expressly provided, may be had avd taken, and all summonses to	Proceedings to be according to law
regulating summary

parties, and witnesses, and warrants (where necessary) for enforcing proceedings before

the same, mav be issued and served, or executed respectively in the

Justices.

manner and "fxm which are prescribed by the law of the said 'Province in force for the time being for regulating summary pro- ceedings before Justices of the Peace.

107. Every complaht and information may be heard, tried, determined, and adjudged by any one Justice of the Peace, unless

informations, &C., One Justice may hear

unless the law direct

i t be directed by the 'law upon 1I:hich such i:omplaint or information

the contrary,

shall be framed tlist the same shall be heard and determined by

more than one Justice of the Peace.

108. All fines imposed, and all sunls of money ordered to be Recovery of fines.

paid, may be recovered before any one Justice of the Peace, and

shall be appropriated and applied; and any person feeling aggrieved

Appeal.

by the imposition of any such fine, or by any order or adjudication under this Act, shall be entitled to appeal therefimn in manner and

form, and on the terms respectively, which are prescribed by the

law

33" VICTQRIB, No. 15.

Police Act.--1869170.

*har vrll. . law of thg said Province in force for the time being, for regulating summary proceedings before Justices of the Peace.

Justices not bound to

convict in certain 109. A Justice or Justices of the Peace shall not be bound to

caaor4.

convict if the offence proved shall, in the opinion of such Justice or

Justices, he of so trivial a nsturc as not to merit punishment.

No cwthrari a8 to in-

formality of warrnnt.

110. No conviction, order, warrant, or other matter made, or purporting to be made, by virtue of this Act shall be quashed for want of form, or removed by certiorari or otherwise into the Supreme Court; and no warrant. of comu~itment shall be held void by reason of any defect therein, prnvirled that it be therein alleged that the party has been convictrd, iir-d that there be a good or valid conviction to sustain the same; and where any distress shall be made for levying any money by virtue of this Act, the distress itself

shall not be deemed unlawful, nor the party making the same be

deemed a trespasser on account of any defect or want of form in

the sumrnrms, conviction, warrant of' distress or other proceeding

relating thereto; nor shall the party distraining be deemed a trespasser nb initio, on account of anv irregularity afterwards com- mitted by him; but the person agg:ikved by such ilregalarity may recover full satisfaction for the speclal damage, if any, in an action upon the case.

A s to proceedings

against persons acting

11 1. ,411 actions and prosecutions to be commenced against any person for anything don^ in pursuance of this Act shall be com- menced within two calendar months after the fact was committed, arld not otherwise; allcl notice in writing of such action, and of the cause thereof, shall be given to ths defendant ten days at least

under this Act.

Notice of action.

before the cornn~enccrnent of the action; ancl in any such action, the defendant may plead the general issue, and give this Act, and the special matter in evidence, at m y trial to be had thereupon; and no plaintiff shall recover in any such action, if tender of sufficient

General issue.

amends shall h a ~ e been made before such action brought; or if a

Tendcr of amende.

sufficient sum of money shall have been paid into Court after such action brought by, or on behalf cf defendant, together with the costs incurred up to that time; and if' a verdict shall pass for the defendant, or the plaintiff become nousuited, or discontinue any such action after issue joined, or if upon demurrer, or otherwise,

If judgment be

judgment shall be given against the plaintiff, the defendant shall

against plaintiff.

recover his full costs, as between attorney and client, and have tile like remedy for the same as any defkndnnt Iiatll by law, in other cases; and though a verdict shall be given for the plaintiff in any such action, such plai~~tiff shall not have costs against the defendant, unless the Judge before whom the trial shall be shall certify his approbation of thc action, and of the verdict obtained thereupon.

Interprotation claure. 112. In the construction of this Act, the following words and

expression shall have the meanings hereby assigned to them (that is tct say)-The words " public place," or place of public resort,"

W 1

33" VIOTORIZ, No. 15, 111

Police Act .1869-70.

shall include and apply to everv place in the said Province, where free PART vnf-

access is permitted to the publi;, with the direct or tacit consent of the

owner o~occupier thereo< and shall also include and apply to every place in the said Province to which the public are admitted on payment of money, and the test of the admittance is the payment of the money only; and shall also include and apply to every road, street, footway, court, alley, and thoroughfare, which the public are allo~vcd to use, within any city, town, district, or place in the said Province, which

may now or hereafter be established, proclaimed, or defined, as here-

inafter mentioned and provided, notwithstanding that such roads, streets, footways, courts, alleys, and thoroughfares may be formed on private property: Provided that nothing herein contained shall

be held to divest the owners of such property of their rights or pro- perty therein, and their power to resume the sale, use, and occu-

pation thereof.

113. This Act may be citcd as the " Police Act, 1869." Short tit10.

In the name and on behalf of the Queen I hereby assent to

this Act,

JAMES FERGU SSON, Covernor.

. 33" VICTORIB, No. 15. ~ %

Police Act.--1869-70.

THE SCHEDULE.

Form qf l i z h b showing colitribution d u e by each Police District.

I . l I I

Length of time Cost of maintenance A m o d of contri-

Name of boun- Numbor of Policc Police stationed of Foot Palice bution chargeable

4 lar iea of District. stationed therein. therein. in such District. on such District.

1