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Deduction
from pay to
form fund for
retiring al-
lowances.
Its invest-
ment.

As to fines recovered on information

of police.

Evidence of

If a system of retiring allowances be established as aforesaid, then the commissioner may deduct a rate not exceeding five per cent. from the pay of the sergeants and constables, to form part of the said fund; but no money forming part of the said fund shall be invested otherwise than in Dominion or Provincial securities. 33 V., c. 24, s. 16.

2838. So much of every fine or pecuniary penalty recovered upon the information or evidence of any officer or man belonging to the police force as shall by law belong to the informer or person upon whose evidence the same shall be imposed or recovered, shall be paid to the commissioner, and shall form part of the special fund mentioned in the preceding article.

In suits or prosecutions, other than those of a criminal members of nature, no officer or man shall be incompetent as a witness by reason of his contingent interest in the said fund. 33 V., c. 24, s. 17.

the force.

Suspension or dismissal of

officers or

men.

When to take effect.

If suspended

to deliver up arms, &c.

2839. Any sergeant or constable may be suspended from his charge or dismissed by the commissioner or by any superintendent to whom the commissioner shall have delegated the power so to do; and any superintendent may be suspended from office by the commissioner until the pleasure of the Lieutenant-Governor in Council shall be known.

Every such suspension or dismissal shall take effect from the time it shall be made known, either orally or in writing, to the party suspended or dismissed. 33 V., c. 24, s. 18.

the

same,

2840. Any officer or man dismissed or suspended shall or dismissed, forthwith deliver up, to any officer of the force demanding his arms and accoutrements, and all property used for police purposes, or by this section vested in the commissioner, or, in case of his refusing or neglecting so to do, shall incur a penalty of fifty dollars, or imprisonment of two months. 33 V., c. 24, s. 19.

Commis2841. Whenever the commissioner deems it advisable to sioner may make or cause to be made any special inquiry into the conduct inquire into certain mat- of any officer or man, or into any complaint against any of ters on oath. them, he, or the officer whom he may under his hand appoint for that purpose, may examine any person on oath or affirmation on any matter relative to such inquiry, and may administer such oath or affirmation.

Proviso.

Penalty on

ers, &c., har

Nothing herein shall be construed to prevent the LieutenantGovernor from issuing a commission of inquiry in any such case if he think it advisable. 33 V., c. 24, s. 21.

2842. No keeper of a tavern or house of public entertaintavern-keep- ment or of any place where liquors or refreshments of any boring police- kind are sold to be consumed on the premises, shall knowingly harbor or entertain any man belonging to the police force, or permit him to remain in such tavern, house or place,

men.

except for the express purpose of performing some duty imposed on him as a policeman.

Every infraction of this article is punishable by a fine not Amount of exceeding one hundred dollars, or imprisonment not exceeding penalty. three months. 33 V., c. 24, s. 20.

§ 7.-Management of the property of the Police Force.

2843. All personal property purchased or acquired for Personal propolice purposes, and not vested in any other person, is vested perty held for police purin the commissioner, and may be so laid in any action, legal poses vested proceeding or instrument whatever.

in the commissioner.

Such personal property is held and dealt with by him for How dealt the public uses of the Province and the purposes of this section, with. with full power nevertheless to dispose of the same for the said purposes, subject always to such instructions as he receives

in this behalf from the Lieutenant-Governor in Council; and Real prothe commissioner has full power to acquire on behalf of the perty. Province any real property which it may be necessary to acquire for the purposes of this section; such real property being conveyed to him, on behalf of the Province for such purposes, thereby becomes vested in the Province. 33 V., c. 24, s. 22.

arms, &c..be

2844. If any person unlawfully dispose of, receive, buy or Penalty for sell, or have in his possession without lawful cause, or refuse receiving to deliver up when thereunto lawfully required, any arms, longing to accoutrements, uniform or other thing used for police purposes, police. and hereby vested in the commissioner, such person thereby incurs a penalty not exceeding one hundred dollars, in the discretion of the magistrate before whom he is convicted, or imprisonment not exceeding three months. 33 V., c. 24, s. 23.

§ 8.-Security to be given for moneys received by the Officers.

officers re

2845. The commissioner, and any other officer who is to Accountreceive moneys for the purpose of this section, shall give ability of security in the manner provided by law with regard to other ceiving public officers; and in case of any refusal or neglect to pay over money for or deliver, when thereunto lawfully required, such moneys poses. police purand all books, papers, accounts and documents of or relating to his office, such commissioner or other officer shall be liable to the same penalties and process to which a revenue officer is liable in like case.

The commissioner keeps his books and accounts in such form, Books and and makes such returns, at such times and with such vouchers accounts. as the Provincial Treasurer or auditor of public accounts directs and requires, and his accounts are in all respects Subject to subject to audit in like manner as those of other public accountant. 33 V., c. 24, s. 24.

any

audit.

Lieutenant

Governor in

§ 9.-Pay and expenses of the Police Force.

2846. The Lieutenant-Governor in Council may fix the pay of the officers and men of the police force, but such pay salaries and shall not in any case exceed the following rates:

Council to fix

pay within

certain

limits.

Towns, &c.,

to furnish

station

For the commissioner...

For each superintendent.

For each sergeant..

For each 1st class constable.

For each 2nd class constable..
33 V., c. 24, s. 25.

$2,000 00 per annum

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2847. Proper station-houses, lock-up houses, and other buildings required for police purposes, other than barracks, are furnished by each city, town, or municipality in which a police other build force is stationed, or if they be not so furnished are procured

houses and

ings other

than barracks.

Certain expenses may be authorized

by the Lieutenant-Gov

ernor in Council.

Provision for disabled policemen.

How and out

of what fund expenses

under orders of the Lieutenant-Governor in Council, and the expenses are paid by such city, town, or municipality to the Provincial Treasurer, and are recoverable in the same manner as the other sums payable to him under this section. 33 V., c. 24, s. 26.

2848. The Lieutenant-Governor in Council may also authorize the payment of the expenses of fuel and light for the police force, and such forage as may be necessary, and also the payment of a sum not exceeding six hundred dollars a year for contingent expenses of the commissioner's office, and of the sums necessary for the purchase of horses, saddlery, and the arms and accoutrements of the sergeants and constables of the force. 33 V., c. 24, s. 27.

2849. The Province shall provide for the maintenance of any officer or man of the force disabled in the performance of his duty as such, by an allowance not exceeding the salary or pay actually received by him under this section at the time of his being disabled, and such allowance may be paid him accordingly by order of the Lieutenant-Governor in Council. 33 V., c. 24, s. 28.

2850. All sums of money required to defray any expense authorized by this section may be paid out of the consolidated shall be paid. revenue fund of this Province, upon warrant directed by the Lieutenant-Governor to the Provincial Treasurer; and such warrants may be made in favor of the commissioner to enable him to pay such expense, or directly in favor of the party entitled to the money. 33 V., c. 24, s. 29.

Fees payable for certain

services of the police.

2851. The commissioner, or such person as he may appoint, receives the fees and emoluments for the performance of any duty performed by any officer or man of the force, payable by any party thereto obliged by law. 33 V., c. 24, s. 30.

2852. The commissioner, or such person so appointed, may Recovery and recover such fees and emoluments in the same manner as the payment over of fees. constable could have recovered the same, if this section was not in force, and being so received or recovered, shall be paid over to the Provincial Treasurer and make part of the consolidated revenue fund. 33 V., c. 24, s. 30.

clause.

2853. The Provincial Treasurer keeps a separate account Accounting of all moneys received and expended under this section, and a detailed statement thereof shall be laid before the Legislature at each session thereof. 33 V., c. 24, s. 31.

§ 10. Duties of the Police Force.

2854. The duties of the force are;

1. To perform all duties which are assigned to constables in To act as relation to the preservation of the peace, the prevention of peace officers. crime, and of offences against the laws of the Dominion or of the Province, or against the by-laws of the municipality in which they may be stationed or lawfully ordered to act, and the apprehension of criminals and offenders and others who may be lawfully taken into custody, otherwise than on merely civil process;

2. To attend upon the several courts of criminal jurisdiction Attending held in the cities, towns or municipalities in which they may courts. be stationed, and, subject to the orders of the commissioner or of a superintendent, to execute all warrants and perform all duties and services in relation thereto which may lawfully be performed by constables;

prisoners.

3. To perform all duties which may be lawfully performed Escorting by constables in relation to the escort and conveyance of convicts and other prisoners or lunatics to or from gaols, courts, lunatic asylums and other places.

poses.

For these purposes, and in the performance of all the Their powers duties assigned to them by or under the authority of this for these pursection, they have all the powers, authority, protection and privileges, which any constable has by law, or which the constables or sub-constables of the respective cities or towns have. 33 V., c. 24, s. 47.

§ 11.-Distribution of the Police Force.

police is

2855. So soon as the Lieutenant-Governor in Council shall Proclamadeem the force sufficiently organized, a proclamation shall be tion when the issued, declaring that upon, from and after a day to be therein organized. named, this section will come fully into effect, and that a police force will, under this section, be stationed in the city of Quebec. 33 V., c. 24, s. 36.

2856. The commissioner may, from time to time, with the Number of approval of the Lieutenant-Governor in Council, determine the police force number of officers and men of the force to be stationed in each

at each

station how city, town or place in which a police force may then be lawfully stationed under this section.

determined.

Commissioner to station the

officers and

men.

To have special

charge in the

2. The commissioner has full power to direct which of the officers and men shall be stationed at each place where a police force is stationed under this section, and to move them from place to place; and it is his duty, from time to time, and in his discretion, to change their respective stations. 33 V., c. 24, ss. 37 and 38.

2857. The officers and men stationed at any city, town or municipality have special charge thereof, and they are place where then more specially responsible that the peace be kept therein and in the immediate neighborhood thereof; but this shall not prevent their acting elsewhere, or excuse them from so acting when lawfully required. 33 V., c. 24, s. 39.

they are stationed.

No city, &c., at which police are stationed, bound to have any other police force.

Police force may be increased on

2858. No city, town, or municipality, at which a police force is stationed under this section, shall be bound to have or maintain any other police force, and the councils or police boards of all such cities, towns or municipalities are hereby relieved from any obligation in that respect, imposed upon them by law. 33 V., c. 24, s. 40.

§ 12. Extension of the Police System.

2859. Notwithstanding any limitation herein before made of the total number of officers and men of the said force, the application of Lieutenant-Governor in Council may, upon the application of the municipali municipal council of any city, town or municipality, under the ties, &cauthority of a by-law thereof, empower the commissioner to appoint such additional number of officers and men as may be required to enable him to make such addition to the force in such city, town or municipality as the said council may require and agree to pay the expenses of.

Conditions required.

Other towns,

&c., may

force upon

Such application may be granted on such conditions for securing such payment, and as to the length of time for which such addition to the force may be required, and upon such other terms and conditions as to the Lieutenant-Governor in Council shall seem meet. 33 V., c. 24, s. 41.

2860. If the municipal council of any city, town or munihave a police cipality in which there is no police force stationed under this section, by a by-law, declare it expedient that a police force applying for should be stationed therein, stating the number required, and it and paying expenses. by such by-law provide the means of paying annually to the Provincial Treasurer a sum not exceeding in the whole five hundred dollars for each officer or man required, then the LieutenantGovernor in Council may in his discretion, upon the petition of such municipal council, accompanied by a certified copy of such by-law, cause a proclamation to be issued declaring that, upon, from and after a day to be therein named, such city town or municipality shall be one of the places in which a

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