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endeavours and ability to prevent all crimes, offences, and public nuisances; to preserve the peace; to apprehend disorderly and suspicious characters; to detect and bring offenders to justice; to collect and communicate intelligence affecting the public peace; and promptly to obey and exe cute all orders and warrants lawfully issued to him.
XXII. to XLIII. Repealed by Act XVII. of 1862.
XLIV. Every police officer who shall be guilty of any violation of duty or wilful breach of any lawful orders and regulations not punishable under Section X. of this Act; or who shall cease to perform the duties of his office without leave, or without having given two months' notice as provided by this enactment, or engage without authority in any employment other than his police duty; or who shall maliciously and without probable cause prefer any false, vexatious, or frivolous charge or information against any individual; or who shall knowingly and wilfully and with evil intent exceed his powers; or shall be guilty of any wilful and culpable neglect of duty in not bringing any person, who shall be in his custody without a warrant, before a magistrate as herein before provided; or who shall offer any unwarrantable personal violence to any person in his custody, shall be liable, on conviction before a magistrate, to a penalty not exceeding three months' pay, or to imprisonment with or without hard labor not exceeding three months, or both.
XLV. Any police officer who shall on any pretext, or under any circumstance, directly or indirectly collect or receive any fee, gratuity, diet-money, allowance, or recompense, other than he may be duly authorized by the inspector general or other officer acting under his order to collect or receive, shall, on conviction before a magistrate, be liable to a penalty not exceeding six months' pay, or to imprisonment with or without hard labor not exceeding six months, or both.
XLVI. Any police officer who shall directly or indirectly extort, exact, seek, or obtain any bribe or unauthorized reward or consideration, by any illegal threat
or pretence, or for doing or omitting or delaying to do any act which it may be his duty to do or to cause to be done, or for withholding or delaying any information which he is bound to afford or to communicate; or who shall attempt to commit any of the offences above said, or shall be guilty of cowardice, shall be liable upon conviction before a magistrate to a fine not exceeding twelve months' pay, or to imprisonment with or without hard labor not exceeding twelve months, or both. Provided always that nothing in the three last preceding sections shall be deemed to preclude the magistrate from committing for trial any cases of this nature too serious for his cognizance.
Penalty for obstructing a Police Officer in the execution of his duty.
XLVII. If any person shall assault or resist any police officer in the execution of his duty; or shall aid or incite any other person so to do; or shall maliciously and without probable cause prefer any false or frivolous charge against any police officer; such person shall, on conviction of such offence before any magistrate, be liable to a fine not exceeding fifty rupees, or to imprisonment with or without hard. labor not exceeding three months, or both.
XLVIII. Any person who in any street, or road, tho- Certain duties of Poroughfare, or passage, within the limits of any town, commits any of the following offences, to the obstruction, inconvenience, annoyance, risk, or damage of the residents and passengers, shall, on conviction before a magistrate, be liable to a fine not exceeding fifty rupees, or to imprisonment not exceeding eight days; and it shall be lawful for any police officer to take into custody without warrant any person who within view commits any such offence.
First. Any person who shall slaughter any cattle or clean any carcase in the streets; any person riding or driving any cattle recklessly and furiously, or training or breaking any horse or other cattle on or near any public road, to the danger of the passers:
Obstructions and nui
sances in roads.
Slaughtering cattle, furious riding, &c.
Second. Any person who wantonly or cruelly abuses or Cruelty to animals. tortures any animal :
Third. Any person who shall keep any cattle, or con- Obstructing passen. veyance of any kind standing in any road or street longer than is required for loading or unloading, or for taking up or setting down passengers; or who shall leave any convey
Exposing goods for sale on roads.
Throwing dirt. into street.
Being found drunk in any tho ughfare.
Indecent exposure of
Neglect to protect dangerous place.
ance in such a manner as to cause inconvenience or danger to the public:
Fourth. Any person exposing goods for sale on the road so as to obstruct passengers :
Fifth. Any person who throws or lays down any dirt, filth, rubbish, or any stones or building materials; or who constructs any pial, cow-shed, stable, or the like within the bounds of any thoroughfare; or who causes any offensive matter to run from any house, factory, dung-heap, or the like into the street:
Sixth. Any person found in any thoroughfare drunk and riotous, or incapable of taking care of himself:
Seventh. Any person who wilfully and indecently exposes his person, or any offensive deformity or disease, or commits nuisance by easing himself in or by the side of, or near any public street or thoroughfare; or by bathing or washing in any tank or reservoir, not being a place set apart for that purpose :
Eighth. Any person who neglects to fence in or duly to protect any well, tank, or other dangerous place or structure.
Regulations of public processions,&c.,and
XLIX. The superintendent and superior officers of of carriages and police may, as occasion requires, direct the conduct of all persons at places of assemblies and processions in the public roads, streets, or public_resort.
thoroughfares; prescribe the routes by which, and the times at which such processions may pass; keep order in the public roads, streets, thoroughfares, ghauts, and landing places, and all other places of public resort, and prevent obstructions on the occasion of such assemblies and processions, and in the neighbourhood of places of worship during the time of public worship, and in any case when the roads, streets, or thoroughfares, ghauts or landing places, may be thronged, or may be liable to be obstructed; they may also regulate the use of
music in streets.
Licences for use of music in the streets, on the occasion of native festivals and ceremonies; and may direct all crowds of twelve or more persons to disperse, when they have reason to apprehend any breach of the peace; and every person opposing, or not obeying the orders so issued as aforesaid, or violating the condi
tions of such licence, shall be liable to a fine not exceeding one hundred rupees. Provided always that nothing in this section contained shall be deemed to interfere with the general control of the magistrate over such matters.
L. In all cases of convictions under this Act, the magis- Jurisdiction. trate trying the case shall be restrained within the limits of his ordinary jurisdiction as to the amount of fine or imprisonment he may inflict: provided always that such charges Proviso. against police officers above the rank of a private shall only be adjudicated on by European functionaries, and that village watchers alone shall be liable to conviction by heads of villages.
LI. Nothing contained in this Act shall be construed Power to prosecute to prevent any person from being prosecuted for any offence made punishable on conviction by this Act; or to prevent any person from being liable under any other Law, Regulation, or Act, to any other or higher penalty or punishment than is provided for such offence by this Act. Provided al- Proviso. ways that no person shall be punished twice for the same offence.
LII. All fines and penalties imposed, and all sums of Levy of fines. money recoverable under the authority of this Act, may, in case of non-payment thereof, be levied by distress and sale of the goods and chattels of the offender by warrant of the magistrate, in manner provided by Act II. of 1839.
LIII. All actions and prosecutions against any person, Limitation of action. which may be lawfully brought for any thing done or intended to be done under the provisions of this Act, or under the general police powers as hereby given, shall be commenced within three months after the act complained of shall have been committed, and not otherwise; and notice in writing of such action and of the cause thereof, shall be given to the defendant, or to the superintendent or other superior officer of the district in which the act was committed, one month at least before the commencement of the action; and no plaintiff shall recover in any such action, if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into court after such action brought by or on behalf of the defendant; and though a de
Plea that act was done under a warrant.
Scope of Act.
cree shall be given for the plaintiff in any such action, such
LIV. When any action, prosecution, or proceeding shall be brought against any police officer for any act done by him in such capacity, it shall be lawful for him to plead that such act was done by him under the authority of a warrant issued by a magistrate; and such plea shall be proved by the production of the warrant directing the act and purporting to be signed by a magistrate. And the defendant shall thereupon be entitled to a decree in his favour, notwithstanding any defect of jurisdiction in such magistrate. And no proof of the signature of such official shall be necessary, unless the court shall see reason to doubt its being genuine; provided always that any remedy which the . party may have against the authority issuing such warrant shall remain entire.
LV. This Act shall take effect in any and every such district as the Governor in Council shall appoint by notifi cation published in the official Gazette.
SCHEDULE. Repealed by Act XIV, of 1870,
A. B. has been appointed a Member of the Police Force under Act XXIV. of 1859, and is invested with the powers, functions, and privileges of a Police Officer.
A. D. 1860. ACT XXXI.
AN ACT relating to the Manufacture, Importation, and
Passed on the 17th July 1860.
WHEREAS it is expedient to regulate the manufacture,