Island Act. 1839. other perapprehend son may offender, and carry 5 Vic. c. 18. whomsoever to apprehend such offender, and forthwith thereafter to carry him or her before some justice of the peace, or to deliver him or her to any constable, or other peace officer of the place, where he or she shall have been apprehended, to be so taken and conveyed as aforesaid; and in case any constable or other peace officer shall refuse or wilfully neglect to take such offender into his custody, and to take and convey him or her before any justice of the peace, or shall not use his best endeavours to apprehend and convey before some justice of the peace any person that he shall find offending against this act, it shall be deemed a neglect of duty in such a constable or other peace peace officer Officer, and he shall on conviction be punished in such him or her before a justice, or deliver him or her to a constable or peace officer. Constable or refusing or manner as is hereinafter directed. neglecting to apprehend of fender to be directed in Constable or his duty, or obstructing either of perform 8. In case any constable or other peace officer shall neglect punished as his duty in any thing required of him by this act, or in case any clause 8. person shall disturb, hinder, or obstruct any constable or other peace officer peace officer in the execution of this act, or shall be aiding, neglecting abetting or assisting therein, and shall be thereof convicted before any person any justice of the peace, upon the oath of one or more witnesses, every such offender shall for every such offence forfeit them in the any sum not exceeding twenty pounds; and in case such offender ance thereof, shall not pay such sum so forfeited, the same shall be levied £20, and in by distress and sale of the offender's goods by warrant from case of such justice; and if sufficient distress cannot be found, it shall be be distrain- lawful to commit the person so offending to any lawful place of failure of confinement, there to be kept for any time, not exceeding thirty fender to be days, or until such fine be paid; and the said justices shall cause imprisoned the said fine when paid to be paid over to the churchwarden for or until fine the use of the parish. to forfeit payment, to ed for; on goods, of for 30 days, is paid. tion that any offender to be har- concealed in On informa- 9. It shall be lawful for any justice of the peace upon information on oath before him that any person hereinbefore is suspected described to be an idle and disorderly person, or a rogue and vagabond, or incorrigible rogue, is or are reasonably suspected to be harboured or concealed in any house or place, by warrant under his hand and seal, to authorize any constable or other person or persons to enter at any time into such house or place, constable to and to apprehend and bring before him or any other justice of the peace, every such idle and disorderly person, rogue and vagabond, and incorrigible rogue as shall be then and there found, to be dealt with in the manner hereinbefore directed. justice to issue war rant to a enter and apprehend offender. 3 VIC. c. 50. 1sland Act. 1840. 3 VIC. c. 50.] To improve the town of Lucea, and to regulate the police therein. ISLD. [April 3rd, 1840.] 3 Vic. c. 50, sec. 39.] Every constable or peace officer is hereby Island Act. to appre en and dis sons, and authorized, empowered, and required to apprehend all loose, idle, 3 Vic. e. 50. drunken and disorderly persons, whom he shall find at any time by day or by night disturbing the public peace in the said town, and 1840. to bring such loose, idle, drunken, and disorderly persons before Constables any justice of the peace for the said parish; and if it shall hend drunkappear to the said justice that any person or persons so brought orderly perbefore him shall have been drunk or been behaving in an idle, take them disorderly, riotous, and indecent manner, such justice of the peace to a magisshall impose a fine upon such person or persons not exceeding £5, to be recovered and applied in manner hereinafter mentioned, or commit such person or persons to the common gaol or house of correction for a period of time not exceeding ten days, either with or without hard labour, as to the said justice shall seem fit. trate. 4 VIC. c. 11.] To regulate hawking and pedling. ISLD. [November 27th, 1840.] 4 VIC. c. 11. Island Act. 1840. trafficking licence are to any con peace offi seized. 4 Vic. c. 11, sec. 9.] It shall and may be lawful for any Persons constable or peace officer to seize and detain any hawker, without a peddler, or other person found travelling from place to place or be de house to house, and trading without a license, contrary to the tained by provisions of this act, or who being so found shall refuse or stable or neglect on demand to produce his licence, and such constable or per, and peace officer shall carry such person so seized before a justice of the goods the peace of the parish, which said justice is hereby authorized and required to examine into the facts charged, and upon proof either by the confession of the party offending, or the oath of one or more credible witness or witnesses, that the person so brought before him had traded as aforesaid, and upon demand had produced no licence, to convict the offender, and sentence him or her to pay a sum not exceeding £2 sterling with costs, and in default of immediate payment of such fine and costs, then to enforce the same by warrant of distress, and sale of the goods, wares, merchandize, or other articles of traffic, and shall sell a sufficient part thereof to satisfy such penalty and costs at public outcry, to be applied for the use of the parish in which the offender is convicted. case licence 10. If any person or persons shall produce or shew any forged or Penalty in counterfeit licence for any of the purposes aforesaid, every such is forged. person shall, on conviction in a summary manner before any two justices of the peace, for every such offence forfeit a sum not exceeding £6 sterling, for the use of the parish wherein the offence is committed, or in default of immediate payment of such fine, together with such costs as such justices may award, to be and stand committed to the house of correction of such parish for any period not exceeding thirty days, with or without hard labour, as to such justices shall seem fit. 4 VIC. c. 11. Island Act. 1840. No person to trade with any other licence but his own under penalty. Penalty on constable to assist in the execu 11. In case any person shall lend or hire any licence which had been granted as aforesaid, or shall trade with or under colour of any licence granted to any other person, or in which his or her real name has not been inserted as the name of the person to whom the same was granted, any person so offending shall for every such offence forfeit and pay a sum not exceeding £6 sterling, to be recovered in a summary manner, with costs as is hereinbefore directed. 12. If any constable or other peace officer shall refuse or neglect neglecting to aid and assist in the execution of this act, every such constable or peace officer shall, on conviction of every such neglect or refusal, forfeit and pay a sum not exceeding £6 sterling, to be recovered and applied as is before mentioned. tion of this act. 6 VIC. c. 59. Island Act. 1842. Drunken derly per ject to a fine days' im 6 VIC. c. 59.] To regulate the police of the town of Port Royal. ISLD. [1842.] 6 Vic. c. 59, sec. 3.] If any person or persons shall, in the and disor said town, be found to be drunk, or behave in a loose, idle, dissons sub- orderly, riotous, or indecent manner, by day or by night, and of £3 or 20 disturb the public peace in the said town, or annoy or disturb prisonment, any inhabitant or passenger in the said town, or shall, between the hours of nine at night and six in the morning, be found lying or loitering in any highway, piazza, or other open place, and shall not be able to give a satisfactory account of themselves, or shall beat any drum, or blow horns, or use any other noisy instruments, whereby the public peace, or any inhabitant or passenger in the said town shall be annoyed or disturbed, or shall pull down, break, or deface any sign-board or sign-posts, or anything belonging thereto, or any fence or fences, it shall be lawful for such justices to impose a fine upon such person or persons, not exceeding three pounds, or commit such person or persons to the common gaol or house of correction, for a period of time not exceeding twenty days, either with or without hard labour, as to such justices shall seem fit; and it shall and may be lawful for any constable or nightly watch, to be appointed under the authority of this act, and every other constable or policeman, and he is hereby authorized, empowered, and required to apprehend, without a warrant, all such loose, idle, drunken, and disorderly persons, whom he shall find at any time, by day or by night, disturbing the public peace in the said town, or annoying and disturbing any inhabitant or passenger in the said town, and all persons whom he shall find, between the hours of nine at night and six in the morning, lying or loitering in any highway, piazza, or other open place, and not giving a satisfactory account of themselves; and all persons pulling Constable may apprehend such persons without a warrant. Island Act. down, breaking or defacing any sign-board or sign posts, or 6 Vic. c. 59. anything belonging thereto, or any fence or fences, and to bring them before any two or more justices of the peace of the said 1842. parish, to be dealt with as aforesaid. against this taken in 40. It shall and may be lawful for any constable or nightly Offenders watch, and for all persons whom he shall call to his assistance, act may be to take into custody, without warrant, any person who, within custody by view of any such constable or nightly watch, shall offend in any view. manner against this act. constables on fenders to the peace, 41. Every person taken into custody in the day-time for Such ofoffences under the provisions of this act, without a warrant, be forthshall be forthwith taken before some justice of the peace; or, if before some after the hour of nine o'clock at night, shall be delivered into justice of the custody of the nearest constable or police-constable, or &c. keeper in charge of the nearest police station-house or lock-up house in the said town, 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. 7 VIC. c. 14.] For the maintenance of good order in towns and 7VIC. c. 14. communities. ISLD. [December 1, 1843.] Island Act. 1843. may take view. 7 Vic. c. 14, sec. 2.] It shall be lawful for any constable to Constables take into custody, without warrant, any person who shall com- parties into mit any of the offences in this act before mentioned, (a) within custody on view of any such constable; and in like manner, when the offender is unknown, without warrant, to take into custody any such offenders who shall be charged, by any other credible person, with recently committing any of the said offences, though not committed within view of such constable, but within view of the person making such charge. may take persons, &c, 9. It shall be lawful for any constable to take into custody, Constable without a warrant, all drunken, loose, idle, and disorderly per- drunken sons, whom he shall find disturbing the public peace, or disturb- Into cusing any inhabitant or passenger, and all persons whom he shall tody. find between the hours of nine at night and six in the morning, lying or loitering in any highway, piazza, or other open place, and not giving a satisfactory account of themselves. 15. It shall be lawful for any constable, and for all persons whom he shall call to his assistance, to take into custody, with (a) Offences specified in sec 1. Vide TOWNS AND COMMUNITIES. (Post.) 1843. Constables 7 Vic. c. 14. out a warrant, any person who, within view of any such conIsland Act. stable, shall offend in any manner against this act, and whose name and residence shall be unknown to such constable, and cannot by inquiry be ascertained by such constable, but not otherwise, except as to the offences mentioned in the first class of offences declared by this act. may apprehend on view. 16. Every person taken into custody in the day-time for offences under the provisions of this act, without warrant, shall be forthwith taken before some magistrate, or if after the hour of six o'clock in the evening, shall be delivered into the custody of the serjeant or police-constable, in charge of the nearest police station-house, in order that such person may be secured until he can be brought before a magistrate, to be dealt with according to law, or shall give bail for his appearance before a magistrate in the manner hereinafter mentioned. (a) 7 VIC. c. 25. 7 VIC. c. 25.] For making and maintaining a railway from Island Act. Kingston to Spanish Town. ISLD. [1843.] 1843. For securing transient offenders. 7 Vic. c. 25, sec. 116.] It shall be lawful for any collector, surveyor, or other officer of the said company, or for any policeofficer, or constable, and all such persons as he shall call to his assistance to seize and detain any person, being unknown to such collector, surveyor, or other officer, who shall commit any offence against this act, and to convey him before some justice of the peace for the parish or precinct wherein such offence shall be committed, without any warrant or other authority than this act for so doing; and such justice is hereby empowered and required to proceed immediately to the hearing and determining of the complaint. 13 VIC. c. 35. Island Act. 1850. If defendant does not 13 VIC. c. 35.] To facilitate the duties of justices of the peace. ISLD. [1st February, 1850.] 13 Vic. c. 35, sec. 13.] If, at the day and place appointed in appear, jus- and by the summons aforesaid for hearing and determining such tices may complaint or information, the defendant, against whom the same shall have been made or laid, shall not appear when called, the constable or other person who shall have served him with the and adjourn summons in that behalf, shall then declare upon oath in what hear and determine, or issue warrant, (a) See COMMITTAL OR BAIL. (Post.) |