XXVII. That when any person charged with any misde- 27 Vic. c. 20. meanor or felony of a minor character shall be brought, without bail in cer the warrant of a Justice of the Peace, into the custody of any Power of inspector or sergeant at the station house in the city of Nassau, Police to take or before or into the custody of any inspector, sergeant, corporal, tain cases. or constable, at any other station in the island of New Providence, or elsewhere in the Colony, it shall be lawful for such inspector, sergeant, corporal, or constable, as the case may be, if he shall deem it prudent, to take bail by recognizances, without any fee or reward from such person, conditioned that such person shall appear for examination before a Justice of the Peace, at some place to be specified in the recognizance; and every recognizance so taken shall be of equal obligation on the parties entering into the same, and liable to the same proceedings for estreating thereof as if the same had been taken before a Justice of the Peace, and the name, residence, and occupation of the party, and his surety or sureties, if any, entering into such recognizance, together with the condition thereof, and the sums respectively acknowledged shall be entered in a book to be kept for that purpose, which shall be laid before the Justice or Justices present at the time and place when and where the party is required to appear; and if the party do not appear at the time and place required, or within one hour after the expiration of such time, the Justice shall cause a record of the recognizance to be drawn up, and shall forthwith return the same to the office of the Clerk of the Crown at Nassau, with a certificate endorsed thereon, signed by such Justice, that the party or parties have not complied with the obligation therein contained; and it shall be the duty of the Clerk of the Crown to cause proceedings to be taken, according to the amount of such recognizance, either in the General Court or in the Court of Common Pleas, for estreating such recognizance in the same and the like manner as other recognizances taken before Justices of the Peace are estreated: Provided, however, that if the party not appearing shall apply, by any person appearing on his behalf, to postpone the hearing of the charge against them, and the Justice shall see fit to consent thereto, the Justice shall be at liberty to enlarge the recognizance to such further time as he shall appoint; and when the matter shall be heard and determined, either by the dismissal of the complaint or by binding the party over to answer the matter thereof at the General or other Court having jurisdiction of the offence, or otherwise, the recognizances for the appearance of the party before a Justice shall be discharged without fee or reward. appearance of XXVIII. That in every recognizance entered into, as aforesaid, In recognithe time at which the party entering into any such recognizances zance time to is to appear before a Magistrate shall be specified in the condition be stated for of such recognizance, to be at the next sitting of such Magistrate, parties bound. and the hour named shall be one at which such Magistrate usually sits for the discharge of his Magisterial duties. XXIX. That when any warrant of any Magistrate or Ma- Warrants, how gistrates, or of any Coroner or other judicial officer, shall be de- to be executed. livered to any member of the said Police Force, he shall, if the time will permit, show or deliver the same to the Inspector or other officer, under whose immediate command he shall then be, and such Inspector or other officer shall nominate and appoint, by 1867. L 27 Vic. c. 20. indorsement thereon, such one or more of the constables under his orders, as he shall think proper, to execute such warrant; and every constable, whose name shall be so endorsed, and every person assisting him in the execution of such warrant, shall have all and every the same rights, powers, and authorities, for and in the execution of every such warrant, as if the same had been originally directed to him or them expressly by name. Constables not responsible for irregularity in warrants. Penalty for harbouring Constable on duty. Penalty for assaulting Police. Protection of XXX. That when any action shall be brought against any inspector, sergeant, corporal, or constable, for any act done in obedience to the warrant of any Magistrate, such officer shall not be responsible for any irregularity in the issuing of such warrant, or for any want of jurisdiction in the Magistrate issuing the same, and such officer may plead the general issue, and give such warrant in evidence, and upon producing such warrant, and proving that the signature thereto is in the handwriting of the person whose name shall appear subscribed thereto, and such person is reputed to be, and acts as a Magistrate for the Bahama Islands, or for any island or district therein, as the case may be, and that the act complained of was done in obedience to such warrant, such officer shall be entitled to have a verdict entered for him and shall receive his costs of suit, and every such inspector, sergeant, corporal, or constable, shall be further entitled to the protection and privileges afforded to constables by the 13th sec. of the 12th Vic. ch. 7. XXXI. That if any victualler or keeper of any house, shop, room, or other place, for the sale of any liquors, whether spirituous or otherwise, shall knowingly harbour or entertain any man belonging to the said Police Force, or permit such man to abide or remain in his house, shop, room, or other place during any part of the time appointed for his being on duty, every such victualler or keeper as aforesaid, being convicted thereof before any one Justice of the Peace, shall, for every such offence, forfeit and pay such sum, not exceeding five pounds, as the convicting Justice shall think fit. XXXII. That if any person shall abuse, resist, improperly or unduly impede, or assault any member of the said Police Force, whilst on duty, or shall aid or incite any other person so to do, every such offender shall, on conviction before a Justice of the Peace, be fined any sum not exceeding ten pounds, or, in the discretion of the convicting Magistrate, shall be liable to be committed to prison, with or without hard labour, for any term not exceeding three months. XXXIII. And, for the protection of persons acting in the persons acting execution of this Act, Be it enacted, that all and singular the prounder this Act. visions of the Acts of Assembly, 12th Vic. c. 7, and 21st Vic. 12, relating to the period within which actions can be brought against Justices of the Peace, the mode of pleading by Defendants, the notice of action, the proceedings at the trial of such actions, and the respective rights of the Plaintiff and Defendant, shall extend to and apply to persons acting in pursuance of this Act. Fines, how enforced. XXXIV. That the Justice of the Peace, by whom any person shall be convicted and adjudged to pay any sum of money for any offence against this Act, may adjudge that such person shall pay the same, either immediately or within such period as he shall think fit, and that in default of payment at the time appointed he shall be imprisoned and be kept to hard labour for any time not 27 Vic. c. 20. exceeding two calendar months, where the sum to be paid shall not exceed five pounds; and for any term not exceeding four calendar months, in any other case, the imprisonment to cease in each of the cases aforesaid upon payment of the sum due. curred under XXXV. That it shall be lawful for the Governor, by warrant Governor may under his hand, to direct the issue out of the Public Treasury of pay from all money which may be necessary and requisite for the payment Treasury, exof the salaries by this Act provided for, and for the purchase of penses inall necessary arms, ammunition, accoutrements, clothing, and other this Act. appurtenances, as shall be deemed proper for the use of the said Police Force, as also for the payment of the travelling expenses of the inspector, or of any other member of the Police Force, as also for rewards to the non-commissioned officers and men of the said force, for zeal and efficiency in the discharge of their duties, and of all other necessary charges and expenses incurred in carrying this Act into execution. XXXVI. That the various Police or other Stipendiary Ma- Police Magisgistrates of the Colony shall be, and they are hereby respectively trate invested invested, within their respective districts, with all and singular in absence of the powers and authorities by this Act given to the inspector of Inspector with powers given police: Provided, however, that such powers shall not be exercised to him under at any time when the inspector is personally present, on the same island or town in which any such Police or other Magistrate is, from time to time, carrying on and exercising the duties of his office of Magistrate. this Act. XXXVII. The inspector of police shall, during the first week Inspector to of every session of the Legislature, cause a report to be made and make report laid before the House of Assembly, of the state and efficiency of every session. the said Police Force, and of their arms, accoutrements, and equipments, of the number of men employed, and particular service upon which any of them may have been sent, together with all such other matters and things connected with the said force as he may think necessary for the information of the House. Salaries under this Act not to be affected or augmented by any Act of present ses XXXVIII. The salaries payable under this Act shall not be affected or in any way augmented by reason of any other Act passed during the present session of Assembly. XXXIX. That this Act shall commence and take effect on the first day of July, one thousand eight hundred and sixty-four. XL. That the following Acts and parts of Acts shall be, and the sion. same are hereby repealed: 23 Vic. c. 4, 24 Vic., c. 9, 24 Vic., Commencec. 24, 25 Vic. c. 24, and 26 Vic. c. 20, except so far as the last-ment of Act. Acts and parts mentioned Act provides for the payment of a retiring or compen- of Acts resation allowance to the late inspector of police; Provided that such pealed. repeal shall not affect the validity of any appointments made under the said Acts, or either of them, all which appointments, with the exception of the appointment of constables of the third class, shall continue to be good and valid, and shall for all purposes be considered as made under the authority of this Act. XLI. That no person appointed to the office of inspector under Inspector not this Act shall be eligible to be elected, or to serve as a member of eligible to the House of Assembly of these Islands. serve as Member of House of Assembly. XLII. That this Act shall continue and be in force for and during the term of five years, and from thence to the end of the Duration of next session of Assembly, and no longer. Act. 27 Vic. c. 20. Schedule A. Schedule B. SCHEDULE A. One Inspector at a salary of 350l. per annum, requiring him to keep a horse. One Sergeant, at a salary of 150l. per annum. Fifty-two Constables of the first class, at salaries of 607. per annum. Thirty-three Constables of the second class, at salaries of 351. per annum. SCHEDULE B. Physician to the Police Force, at a salary of 801. per annum. 28 Vic. c. 38. An Act to amend an Act entitled an Act to consolidate and amend the Laws relating to the Stipendiary Police Force of the Colony. (Assented to 3rd May, 1865.) WE HEREAS, in the table of distribution of the Police Force, in the fourth clause of the Act 27 Vic. c. 20, for consolidating and amending the laws relating to the Stipendiary Police Force, the settlements of Spanish Wells and Gregory Town, in the district of Eleuthera, are not included: AND WHEREAS it is expedient to provide for the better preservation of order than now exists in the said settlements mentioned; May it, &c. I. That in the ordinary distribution of the Police Force there shall be included for SPANISH WElls. One Constable of the 1st class. GREGORY TOWN. One Constable of the 2nd class. Which said constables shall be appointed by the Governor, and shall respectively receive and be paid the respective annual salaries in the Schedule "A," in the Act to which this Act is an amendment mentioned, and shall be subject to all the incidents and provisions of the said before-recited Act, as if the said settlements had been included in the table of distribution of the said police force, and as if the constables now authorized to be appointed in addition to those mentioned respectively in Schedule "A," in the said Act mentioned, had therein respectively been included. II. In all islands where members of the police force are stationed, and where there is a duly-qualified resident medical prac titioner, it shall be lawful for the Governor, with the advice of the 28 Vic. c. 38. executive council to contract or sanction a contract with such medical practitioner, for his medical and surgical attendance, ad- titioners for vice and medicine to any members of the police force so stationed their services as aforesaid, requiring the same, such contracts to be by the year to the Police or otherwise, as to the Governor in Council may from time to time seem proper and reasonable; Provided that no contract made under the authority of this Act shall exceed twelve pounds per annum. Force. Police Force III. WHEREAS, it would tend to the efficiency of the police Inspector of force if the inspector was invested with a power of summary Police may punishment for minor offences and breaches of discipline, on the punish mempart of the members of the said force; Be it enacted, that when-bers of the ever any member of the said stipendiary police force shall be for minor guilty of any neglect or violation of duty in his office, or shall offences. violate or neglect to carry out any of the regulations framed for the government of the said force, or shall refuse to obey any order lawfully issued by the inspector or other his superior officer, it shall be lawful for the inspector instead of laying a charge against the offender before a Justice of the Peace, as provided for by the twenty-second section of the Act to which this is an amendment, to investigate the case himself, and on being satisfied of the misconduct of the party, to punish him by one or other of the methods following, that is to say: by causing him to be confined in any place which may be approved of by the Governor, for any term not exceeding fourteen days, or by mulcting him of his pay to an amount not exceeding forty shillings. IV. Any writing signed by the inspector, directed to a keeper Inspector of of the Nassau Prison, and requiring him to receive and keep any Police may member of the police force ordered by the inspector to be im- commit any prisoned under the preceding section, shall be a sufficient warrant Force to and authority for the conveyance, reception and detention in prison prison. of the person in such writing named. member of the 29 Vic. c. 23. An Act to amend the Laws relating to the Stipendiary Police Force and the Out-Island Gaolers. (Assented to 11th May, 1866.) Clarence Town. I. That, in addition to the number of constables and gaolers Constable and now provided for by law, it shall be lawful for the Governor to Gaoler for increase the police force of the Colony by the appointment of a first-class constable, to be stationed at Clarence Town, Long Island, and to appoint from time to time a gaoler to take charge of the gaol at that town; such constable to receive a salary of 60l. per annum, and such gaoler a salary of 251. per annum, payable out of the Public Treasury, by warrant in the usual manner. II. Every constable and gaoler appointed under the authority Powers and of this Act shall have all and singular the same and like powers privileges of and authorities, and be entitled to all and singular the same privi- persons appointed. leges and advantages as other stipendiary constables and gaolers are now by law invested with or entitled to. |