police force shall be stationed under this section, and may authorize the commissioner to appoint the additional number of officers and men required, and a sufficient force shall be accordingly stationed therein while such by-law remains in force; and such by-law shall not be repealed without the consent of the Lieutenant-Governor in Council. 33 V., c. 24, s. 42. tain condi 2861. If the directors of any company then constructing Railway and any railway or other extensive work apply in writing to have other coma certain number of police force stationed upon or near such have a police panies may railway or work, and make satisfactory provision for the pay- force on cerment of the necessary expenses, the Lieutenant-Governor in tions. Council may, in his discretion, order the commissioner to appoint the number of officers and men required, who shall thereupon be stationed at such places and in such manner as the commissioner shall direct; and such application may be granted on such conditions for securing 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 LieutenantGovernor in Council shall seem meet. 33 V., c. 24, s. 43. § 13.-Provisions in cases of urgency. to quell dis 2862. In order that a sufficient force may be at any time Police force obtainable to prevent or quell any riot or disturbance of the may be sent peace in any place, the commissioner may at any time order turbance. such of the police force as he may deem expedient to proceed to any place in this Province where such riot or disturbance may exist or be apprehended, and whether there be or not already a police force at such place. 33 V., c. 24, s. 44. tional officers 2863. In case of any such riot or disturbance, or apprehen- In case of sion thereof, the Lieutenant-Governor in Council may authorize riots, addithe commissioner to appoint in addition to any number ap- and men to be pointed under any other provision of this section, such a num- appointed. ber of officers and men as the Lieutenant-Governor in Council may deem necessary. and how The engagement of such officers and men shall last for such Length of entime as the Lieutenant-Governor in Council directs, and they gagement shall be paid out of the consolidated revenue fund of the Pro- paid. vince. 33 V., c. 24, s. 45. 2864. Nothing in this section shall be construed to prevent Section not the appointment of special constables in any case in which to prevent appointment of they may by law be appointed, but whenever such special con- special constables are appointed in any city, town or place in which a stables. police force is stationed under this section, or to which a police force has been sent under the provisions of this section, or the Provision ordinary constabulary force are called upon to act in such last- when police mentioned place, then if there be any sergeant or officer of constables the police force present, such special constables or ordinary act together. and ordinary Certain cities terms of constabulary force act under and obey the orders of such sergeant or officer, and assist the police force in the execution of their duties, and, while so acting and assisting, have all the powers of the police constables; but such special constables or ordinary constabulary force shall be entitled to be paid in those cases only in which they would be so entitled if acting alone, and, if entitled to pay, shall be paid at the same rates, in the same manner, and out of the same fund as if acting alone. 33 V., c. 24, s. 46. §14.-Special Provisions. 1. POLICE FURNISHED BY MUNICIPALITIES. 2865. Every city or municipality in which a police force and munici- is maintained, otherwise than under the provisions of this palities bound section, is bound, whenever required so to do by the Lieuto furnish policemen for tenant-Governor in Council, to place a certain number, not exceeding thirty of the men of such force, under the control of the sheriff of the district, during each term of the Court of Queen's Bench holding criminal pleas, and each term of general sessions of the peace, and during eight days before, and eight days after each such term. 33 V., c. 24, s. 51. criminal courts. Duties of men so furnished. How sheriff shall act in to furnish said men. 2866. It is the duty of such men : 1. To attend upon the court and to execute all warrants and perform all the duties and services in relation thereto which may lawfully be performed by constables; 2. To perform all duties which may be lawfully performed 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. 33 V., c. 24, s. 52. 2867. If such city or municipality refuse or neglect case of refusal to comply with the provisions of article 2865, the sheriff may employ and pay such other men as may be required, and recover the amount of any expenses so incurred by him from such city or municipality, by action before any court of competent jurisdiction, and in default of payment within fifteen days after the judgment rendered in his favor in any such action, he may proceed to levy the same in accordance with the provisions of article 2876. 33 V., c. 24, s. 53. Each city, pay an an- II. CONTRIBUTIONS BY MUNICIPALITIES. 2868. Each city, town or municipality, in which any detachment of the police force is stationed, shall pay annually to the Provincial Treasurer, for each police officer or man so stationed therein, the sum agreed upon between the Lientenant-Governor in Council and the council of such city, towa or municipality. Such annual payment is made before the expiration of each When such year, and the years shall be computed from the day fixed for payment is to be made. the coming into effect of this section, by the proclamation issued in virtue of article 2855. Provided that no such muni- Proviso. cipality shall be compelled to pay in proportion to its population more than it may then pay for its existing police force. 33 V., c. 24, s. 32; 39 V., c. 30, s. 1. may with 2869. It shall at all times be lawful for the Lieutenant- The Lieutenant-Governor Governor in Council to withdraw, from any city, town or municipality, any police force stationed therein, if he deem the draw any same advisable; and, as soon as such withdrawal shall have police force. been decided on, any act or part of an act authorizing or requiring such city, town or municipality to maintain therein a police force at its own expense, or in any manner having Effect. respect to such police force, shall come again into force, as if this section had never been passed, and this even in the case of such act or part of an act having been repealed. 39 V., c. 30, s. 2. 2870. Notwithstanding the two preceding articles, the Lieutenant-Governor in Council may increase the amount to be charged to the city of Quebec, for the support of the provincial police, and the said city shall be obliged to pay such increase. 39 V., c. 30, s. 3. § 15.-Suits and Prosecutions. Sum to be paid by Quebec. actions. 2871. Every action and prosecution against an officer or Limitation of man of the police force, for anything done by him as such, shall be brought in the district where the act complained of was done, and shall not be commenced after the end of six months from the doing of such act, or until one calendar Notice of acmonth's notice in writing of the action and of the cause thereof tion. shall have been given to the defendant. In any such action the defendant may plead the general Pleading. issue and give the special matter in evidence at the trial. to recover in certain cases. No plaintiff shall recover in any such action if a tender of Plaintiff not sufficient amends were made before the action was brought, or a sufficient sum of money have been paid into court by the defendant after the action was brought. 33 V., c. 24, s. 48. otherwise 2872. All fines or pecuniary penalties imposed by or under Recovery of the authority of this section, are, whenever no other mode of penalties not recovery is hereby prescribed, recoverable in a summary man- provided for. ner before any justice of the peace; and the laws in force with regard to proceedings in cases of summary convictions shall apply to proceedings for the recovery of penalties under this section, in so far as they may not be inconsistent therewith. 33 V., c. 24, s. 49. Evidence of of police officer, &c. 2873. Common reputation is held to be sufficient evidence appointment of the due appointment of any officer or man of the police force, and of his right to act as such, without producing any appointment or oath or other matter in proof of such right. 33 V., c. 24, s. 50. Number so to exceed a 2874. For the purpose of ascertaining the sum mentioned stationed not in article 2868, no city, town or municipality shall be bound to maintain any number of officers and men of the force exceeding portion to the the proportion of one to every thousand souls of its populapopulation. tion, according to the then last census. 33 V., c. 24, s. 33. certain pro Municipal 2875. Every municipal council shall have power to raise councils may and levy all sums which the municipality may require to pay levy sums re- under this section. 33 V., c. 24, quired. How sums to be recover S. 34. 2876. The sums to be paid to the Provincial Treasurer unbe paid shall der the provisions of this section may be recovered in his official name, before any competent court, upon the certificate of the commissioner, and being paid or recovered, shall form part of the consolidated revenue fund. able. How levied payment. In default of the said sums being paid within fifteen days on default of after a certificate of the Provincial Treasurer of the amount required to be levied shall have been lodged with the sheriff of the district in which such city or municipality is situate, such sheriff shall proceed, either in the manner provided by the Municipal Code of the Province of Quebec, or, mutatis mutandis, in the manner provided for like cases in the city of Quebec by section twenty-three of the act twentyninth Victoria, chapter fifty-seven, respecting the incorporation of the said city, to levy and collect the said amount. 33 V., c. 24, s. 35. SECTION IV. Interpreta POLICE AT QUEBEC AND MONTREAL. §1.-Interpretative. 2877. For the purposes of this section, the word "city" or tion of words "cities," as applied to the cities of Quebec and Montreal, "city" and "cities." wherever used therein, shall be held to denote the said cities, together with such neighboring districts as the LieutenantGovernor has directed or may at any time direct by proclamation. C. S. L. C., c. 102, s. 24. Police force may be embodied. §2.-Appointment of Police Force. 2878. A sufficient number of fit and able-bodied men shall, from time to time, by the direction of the Provincial Secretary, be appointed as a police force for each of the cities of Quebec and Montreal respectively, who shall be sworn by the judges of the sessions of the peace respectively, to act as constables for preserving the peace and preventing robberies and other crimes, and apprehending offenders against the peace. 2. The men so sworn shall, within the said cities, have all Duties of the such powers, authorities, privileges and advantages, and be men composing it. liable to all such duties and responsibilities as any constable duly appointed has, by virtue of the laws of the Province, and shall obey all such lawful commands as they, from time to time, receive from the judges of the sessions of the peace for the city for which they are appointed, for conducting themselves in the execution of their office. C. S. L. C., c. 102, s. 4. regulations 2879. Each of the said judges of the sessions of the peace Orders and may, from time to time, subject to the approval of the Pro- for its vincial Secretary, make such orders and regulations as they government. deem expedient, relative to the general government of the men appointed members of the police force under this section for his city, the places of their residence, the classification, rank and particular service of the several members, their distribution and inspection, the description of arms, accoutrements and other necessaries to be furnished to them, and all such other orders and regulations relative to the said police force, as he, from time to time, deems expedient, for preventing neglect or abuse, and for rendering such force efficient in the discharge of all its duties. dismiss men 2. Each of the said judges of the sessions of the peace may, Judge may at any time, suspend or dismiss from his employment any man suspend or belonging to the said police for his city, whom he thinks re- composing it. miss or negligent in the discharge of his duty or otherwise unfit for the same; and when any man is dismissed or ceases to belong to the said police force, all powers vested in him as a constable by virtue of this section shall immediately cease and determine. C. S. L. C., c. 102, s. 5. 2880. Every victualler or keeper of any house, shop, room Penalty on or other place for the sale of any liquors, whether spirituous &c., harbo.victuallers, or otherwise, who knowingly harbors or entertains any man ing policebelonging to the said police force, or permits such man to abide men on duty. or remain in his house, shop, room or other place, during any part of the time appointed for his being on duty, shall, on being convicted thereof before any two justices of the peace, be condemned, for every such offence, to a fine not exceeding five pounds sterling, as the justices of the peace think meet. C. S. L. C., c. 102, s. 6. 2881. Any man, belonging to the said police force, may, Policemen on during the time of his being on duty, apprehend all loose, idle duty may ap prehend loose and disorderly persons, whom he finds disturbing the public and disorderpeace, or whom he has just cause to suspect of any evil designs, ly persons. and all persons whom he finds lying in any field, highway, yard or other place, or loitering therein, and not giving a satisfactory account of themselves, and deliver any person so appre |