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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 execute all orders and warrants lawfully issued to him.
XXII. to XLIII. Repealed by Act XVII. of 1862. Penalties for neglect XLIV. Every police officer who shall be guilty of any of duty, &c.
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 bis powers; or shall be guilty of any wilful and culpable neglect of duty in not bringing any person, wlio 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. Penalty for receiving XLV. Any police officer who shall on any pretext, or
unauthorized fees, &c.
under any circumstance, directly or indirectly collect or receive any fee, gratuity, điet-money, allowance, or l'ecompense, 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 bis cognizance. XLVII. If any person shall assault or resist any police Penalty for obstruct
ing a Police Officer officer in the execution of his duty; or shall aid or incite
in the execution of any other person so to do; or shall maliciously and without his duty. 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 Po
lice Officers. roughfare, or passage, within the limits of any town, com- Obstructions and nuimits any of the following offences, to the obstruction, incon sances in roads. venience, 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 Slaughtering, cattle,
furious riding, &c. 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 :
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 passenveyance of any kind standing in any road or street longer gere. than is required for loading or unloading, or for taking up or setting down passengers; or who shall leave any convey
ance in such a manner as to cause inconvenience or danger
to the public : Exposing goods for Fourth. Any person exposing goods for sale on the road sale on roads.
so as to obstruct passengers : Throwing dirt. into 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: Being found drunk in Sixth. Any person found in any thoroughfare drunk and any thoroughfare.
riotous, or incapable of taking care of bimself : Indecent exposure of Seventh. Any person who wilfully and indecently experson.
poses 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 : Neglect to protect Eighth. Any person who neglects to fence in or duly to dangerous place.
protect any well, tank, or other dangerous place or struc
ture. Regulations of public XLIX. The superintendent and superior officers of processions,&c. ,and 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 Licences for use of music in the streets, on the occasion of native festivals and music in streets.
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 sball 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
not affected. 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 commence. ment 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
cree shall be given for the plaintiff in any such action, such
the judge, before whom the trial shall be, shall certify his Proviso.
approbation of the action; provided always that no action
secuted criminally for the same act.
be brought against any police officer for any act done by
be necessary, unless the court shall see reason to doubt its Proviso.
being genuine ; provided always that any remedy which the . party may have against the authority issuing such warrant
shall remain entire. Scope of Act.
LV. This Act shall take effect in any and every such
AN ACT relating to the Manufacture, Importation, and
Sale of Arms and Ammunition, and for regulating
Passed on the 17th July 1860.