c. 18. 1794. 35 GEO. III. within the streets, lanes and other places of the said town, at Island Act. such hours, in such manner, and in such places, as shall from time to time be given out, appointed, and directed by the said justices and vestry; and shall, in their several turns and courses of watching, use their utmost endeavours to prevent all mischiefs happening by fire, and all murders, burglaries, robberies, breaches of the king's peace, riots, and all other outrages and disorders: and in order to the prevention thereof, the said officers and privates are hereby jointly and severally authorized, If persons are engaged in an affray, or on the point of entering into one, as where one shall threaten to beat another, the constable may apprehend the offender and carry him before a justice, or he may imprison him on his own authority till the heat be over, and afterwards detain him till he find sureties for his good behaviour. If an affray be in a house, the constable may break open the doors to preserve the peace; but he cannot apprehend for an affray or an assault committed out of his presence without a warrant from a magistrate, unless in case of felony, or he be otherwise authorized by any police act in force. A constable may justify an imprisonment without warrant on a reasonable charge of felony made to him, though he afterwards discharge the prisoner without taking him before a magistrate, and though it turn out no felony has been committed. But in general a constable cannot without an express charge or warrant justify the arrest of the supposed offender, upon suspicion of guilt, unless an actual felony has been committed and there is reasonable cause for suspicion that the party apprehended is guilty. In executing a warrant the arrest is to made by laying hold of or at least securing the person of the party; without this it is not a legal arrest. A constable being a known and sworn officer within his own district, is not obliged to show his warrant on being demanded; but, if he is not sworn, or out of his district, he must produce his warrant ; a warrant of distress, however, must if required be shown to the persons n hose goods are distrained. He need not return his warrant after execution, but may keep it for his own justification. No one can justify breaking open a door to make an arrest without first acquainting the owner with the cause of his coming, and requesting admittance: no particular form of notice is requisite, it is sufficient to say the officer comes under a proper authority not as a tres passer. If there be disorderly drinking or noise in a house at an unseasonable hour of the night (especially at an inn, tavern, ale, or coffee house), the constable may, after demanding admittance, and refusal, break open the door, to see what is doing, and suppress the disorder. But upon a general warrant expressing neither treason, felony, nor breach of the peace, an officer cannot break open any door to execute it; nor can he forcibly enter any house to distrain for poor or church rates; or to execute process as in a civil suit, but if he find the outer door open, or, if it be opened to him, he may then force an inner door. This privilege is strictly confined to outer doors; so that if an officer gain admission to a house where any one lodges whom he is in search of, he may justify breaking open any of the apartments to execute his process, unless the whole house is let in lodgings; then each apartment is deemed a separate dwelling. If an offender cannot be conveniently conveyed before a justice, or to prison, he may be put pro tempore in the cage or temporary prison. Constables are to assist landlords in distraining for rent under authority of a justice's warrant, and in company with such landlord may break open and enter houses and other places to search for goods suspected to be concealed to avoid the distress. Penalties: By sundry and local acts, if a constable, upon complaint upon oath before two justices, be convicted of ne glect of duty or disobedience of any lawful warrant or order, he may be fined 408. Persons assaulting a constable to prevent the arrest or detention of persons charged with felony, are subject to transportation or imprisonment. No action can be brought against a constable for the improper discharge of his duty after six months from the time of the fact being committed. It is a misdemeanour in a constable to discharge an offender brought to a watch house by a watchman in the night; and if he wilfully let a felon escape it is felony. c. 18. 1794. empowered, and required, to arrest, apprehend, and detain, in 35 GEO III. the watch or guard-house of the said town, or other proper and Island Act. convenient place of security to be provided and fixed on by the said justices and vestry within the said town, all and every person and persons whomsoever committing, or aiding, or abetting in, any such murders, burglaries, robberies, breaches of the peace, riots, and disorders, and all and every such person and persons who shall be found idly wandering about or misbehaving themselves in the said town, after such hour in the evening as the said justices and vestry shall from time to time appoint; and such persons so apprehended and arrested, to detain and secure in the said watch or guard-house, or other place to be so provided as aforesaid, in order that they may be carried and examined the next morning, or as soon as may be, before the sitting magistrates at the office of the clerk of the peace of the said town, to be committed by them to the workhouse of the said town as vagrants or suspected persons, or released, or otherwise dealt with according to law. 3. The officer of the said night-guard, who shall have the command thereof for the time being, shall be obliged, and he is hereby required once at the least, and oftener in each night as shall be directed by the said justices and vestry, to go his round, and to see that the privates of the said night-guard are in their proper districts and stations and performing the duty and service allotted to them, according to the orders and regulations of the said justices and vestry as aforesaid; and in case any such private or privates shall misbehave, or shall be found drunk, sleeping in their stations, or neglecting his or their duty, such officer commanding the said night-guard is hereby authorized and empowered to arrest such private or privates, and to suspend him or them, and to appoint one or more person or persons to officiate in his or their stead until the next meeting of the said justices and vestry of the said town, when such officer shall acquaint the said justices and vestry of the misbehaviour or neglect of duty for which such private or privates was or were arrested and suspended, in order that the said justices and vestry may examine therein; and if the said justices and vestry shall find, upon such examination, that such complaint is well grounded and properly supported, such private or privates shall be discharged from such his or their appointment, and shall forfeit the arrears of pay that may be due to him or them. 4. If any officer or officers of the said night-guard shall neglect or refuse to perform the duty and service herein before required of him or them, and shall misbehave himself or themselves, and thereby set a bad example to the privates of the said night-guard, the officer or officers so offending shall, upon any complaint thereof being made and proved to the satisfaction of the said justices and vestry by any person or persons whatso c. 18. 35 GEO. III. ever capable of giving legal evidence therein, forfeit the arrears Island Act. of his or their pay, and shall, if the said justices and vestry shall judge proper, be discharged from such his or their appointment, and be declared incapable and unfit of again serving in the said night-guard. 1794. 7. The officers and privates of the said night-guard, so to be appointed as aforesaid, shall be and they are hereby protected and indemnified in all things which they shall lawfully do by virtue of this act, for the safety and protection of the said town as aforesaid, in like manner as if every individual of the said nightguard was a constable or peace-officer. 35 GEO. III. c. 35. 35 GEO. III. c. 35.] For the better regulating the police within Island Act. the town of Montego Bay. 1795. ISLD. [1795.] 35 Geo. III. c. 35, sec. 29.] For the better security of the said town of Montego Bay, and to prevent riotous and disJustices, orderly meetings, and assemblies during the night: Be it enacted, That the justices and vestry of the parish of St. James are hereby empowered to establish and maintain a nightly watch in was the town of Montego Bay, and one or more public watch-house and stocks. and stocks for the confinement of night walkers or other dis to establish a nightly watch, and have a Duty of the nightly watch. detention orderly or ill-disposed persons. 32. The watchmen, constables, and other officers of the said town-guard, shall keep watch and ward within the streets and other places in the said town, for such respective times and in such manner, as shall from time to time be appointed by the said justices and vestry; and shall, in their several turns and courses of watching, use their best endeavours to prevent all mischiefs happening by fires and all murders, burglaries, robPowers of beries, breaches of the king's peace, and all other outrages and caption and disorders: and to that end shall, and they are hereby jointly and severally empowered and required to arrest, apprehend, and detain in the watch-house or other convenient place of security, to be provided or appointed by the said justices and vestry, within or near to the said streets, all malefactors, disturbers of the king's peace, and all suspected persons who shall be found wandering or misbehaving themselves; and shall carry them, so soon as conveniently may be, before one or more of his majesty's justices of the peace acting in and for the said town, to be examined and dealt with according to law. vested in them. 34. It shall and may be lawful to and for the said watchmen c. 35. of consta of the said town-guard or any of them, in the absence of the 35 GRO. III. said constables or other officers as aforesaid, and they are hereby Island Act. respectively authorized and required, in their several stations 1795. during the time of their keeping watch and ward, to apprehend Watchmen, all such malefactors, disturbers of the king's peace, and all such in absence suspected persons who shall be found wandering or misbehaving bles, to take themselves, and to carry the person or persons so apprehended, before a soon as conveniently may be, before some neighbouring magistrate. justice of the peace for the said town, to be examined and dealt with according to law, and to keep such person or persons within the watchouse, or some other place of safety, in the mean time. as 36. The watchmen, constables, and other officers of the said town-guard, so to be appointed as aforesaid, and every of them shall be, and they are hereby protected and indemnified in all things which they shall lawfully and of necessity do by virtue of this act, for the safety and protection of the said town as aforesaid, in like manner as if every individual of the said townguard were constables or peace-officers. malefactors 5 WILL. IV. c. 39.] For the better regulating the police in the 5 WILL. IV. town of Saint Jago de la Vega. ISLD. [December 20, 1834.] c. 39. Island Act. 1834. 1 VIC. c. 27.] For the better regulating the police of the town 1 Vic. c. 27. of Falmouth. ISLD. [March 28, 1838.] Island Act. 1838. disorderly persons are up after bell rung. 5 Will. IV. c. 39, sec. 21: 1 Vic. c. 27, sec. 22.] The justices and vestry of each of the said parishes shall procure to be erected, in such place as to them may seem proper, a bell, to be rung at such hour of the night as such justices and vestry shall direct [c. 27, at the hour of nine of the clock every night], by such person as they shall appoint for that purpose: and it shall and Drunken or may be lawful for any constable or peace officer of the said parish to apprehend any person or persons who shall be found to be taken drunk, or behaving in an idle, disorderly, riotous, or indecent has been manner in any of the streets, lanes, or avenues of the said town after the ringing of such bell and before day-light in the morning, and to carry such person or persons to the common gaol or house of correction of the said parish [c. 27, or to the watchhouse or other place of security to be appointed by the justices and vestry of the said parish], and the keeper of the said common gaol, and the keeper of the said house of correction [c. 27, or other place as aforesaid], are hereby respectively empowered to receive such person or persons therein, there to be detained until the next morning, in order that he, she, or they may be c. 39. 1834. 5 WM. IV. carried, as soon as may be convenient, to the office of the clerk Island Act. of the peace, there to be examined before any two justices of the peace for the precinct of St. Catherine [c. 27, for the said 1 VIC. c. 27. parish]; and if it shall appear to the said two justices that any Island Act. person so brought before them shall have been drunk, or shall have been behaving in an idle, disorderly, riotous, or indecent manner, such two justices shall impose a fine upon all and every such person and persons, not exceeding twenty shillings, 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, or until such fine be paid. 1838. 5 Wm. IV. c. 39, sec. 22.] Every constable or peace officer is hereby authorized, empowered, and required to apprehend all loose, idle, drunken, and disorderly persons whom he shall find at any time disturbing the public peace in the said town, and to bring such loose, idle, drunken, and disorderly persons before any two or more justices of the peace, to be dealt with according to law. 1 Vic. c. 2, sec. 23.] Every constable or peace officer is hereby authorized, empowered, and required, to apprehend all loose, idle, drunken, and disorderly persons whom he shall find at any time disturbing the public peace in the said town, and to bring such loose, idle, drunken, and disorderly persons before any two or more justices of the peace for the said parish; and if it shall appear to the said two justices that any person or persons so brought before them shall have been drunk, or been behaving in an idle, disorderly, riotous, or indecent manner, such two justices shall impose a fine upon all and every such person and persons not exceeding five pounds, 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 the said justices shall think fit. 4 WILL. IV. c. 29. Island Act. 1833. CONSTABLES-SPECIAL. 4 WILL. IV. c. 29.] For the appointment of special constables. ISLD. [December 12, 1833.] 4 Will. IV. c. 29, sec. 1.] It shall be lawful for all and every the custodes of the different parishes of this island, except Kingston, or for the next senior magistrate residing or being at the time in any parish in the absence of the custos of the parish, and for the mayor of the city of Kingston for the time being, or in case of his absence, the senior alderman in the city and parish of Kingston, from time to time, and as often as they shall |