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Where am I now? Lawlink > Law Reform Commission > Publications > C. Police Regulation Act, 1855

Working Paper 6 (1971) - Special constables

C. Police Regulation Act, 1855

History of this Reference (Digest)

Police Regulation Act. 1855.

12. In all cases where it shall appear to any Police Magistrate or any two Justices that any tumult riot or felony has taken place or may be reasonably apprehended in any city town or place and he or they shall be of opinion that the ordinary constables or officers appointed for preserving the peace are not sufficient for the preservation of the peace and for the protection of the inhabitants and the security of the property of the inhabitants thereof or for the apprehension of any offenders it shall be lawful for any Police Magistrate or any two Justices to nominate and appoint by precept in writing under his or their hands so many as he or they shall think fit of the householders or other persons (not legally exempt from serving the office of constable) residing in or near to such city town or place to act as special constables for such time and in such manner as to the said Police Magistrate or Justices shall seem fit and necessary for the public peace and for the protection of the inhabitants and the security of the property in or near such city town or place and the Police Magistrate or Justices who shall appoint any special constables by virtue of this Act are hereby authorized to administer to every person so appointed the following oath that is to say -

      "I A. B. do swear that I will well and truly serve our Sovereign Lady the Queen in the office of special constable for the (city town or place as the case may be) without favour or affection malice or ill-will and that I will to the best of my power cause the peace to be kept and preserved and prevent all offences against the persons and properties of Her Majesty's subjects and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law - So help me God."
Provided always that whenever it shall be deemed necessary to nominate and appoint such special constables as aforesaid notice thereof shall be forthwith transmitted by the said Police Magistrate or Justices to the Colonial Secretary of the Colony.

13. The Police Magistrate or Justices who shall have appointed any special constables under this Act when such special constables shall have been called out shall have power to make such orders and regulations as may from time to time be necessary and expedient for rendering such special constables more efficient for the preservation of the public peace and shall also have power to remove any such special constable from his office for any misconduct or neglect of duty therein.

14. Every special constable appointed under this Act shall have exercise and enjoy all such powers authorities advantages and immunities and be liable to all such duties and responsibilities as any constable duly appointed now has within his constablewick by virtue of the Common Law or of any Law Statute or Act of Council.

15. If any person so residing within the city town or place as aforesaid being appointed a special constable as aforesaid shall refuse to take the oath hereinbefore mentioned when thereunto required by the said Police Magistrate or Justices so appointing him he shall on conviction thereof in a summary way before a Justice of the Peace forfeit and pay any sum of money not exceeding twenty pounds and if any person being appointed a special constable as aforesaid shall neglect or refuse to appear at the time and place for which he shall be summoned for the purpose of taking the said oath or having been appointed and sworn as a special constable as aforesaid and being called upon to serve shall neglect or refuse to serve as such special constable or to obey such lawful orders and directions as may be given to him by the Police Magistrate or any Justice of the Peace or any chief constable or Inspector of Police or other officer under whose orders he may be placed for the performances of the duties of his office every person so offending shall on conviction thereof in a summary way before any Justice of the Peace forfeit and pay for every such neglect any sum of money not exceeding ten pounds unless such person shall prove to the satisfaction of the said Justice that he was prevented by sickness or some other unavoidable cause as shall in the judgment of the said Justice be a sufficient excuse.

16. The Police Magistrate or Justices who shall have appointed any special constable under this Act for any city town or place and if such special constables shall have been called out is hereby empowered to suspend or determine the services of all or any of the said special constables so called out as to the said Police Magistrate or Justices sitting in Petty Sessions in such city town or place shall seem meet and notice of such suspension or determination of the services of all or any of the said special constables shall be transmitted forthwith by the said Police Magistrate or such Justices to the Colonial Secretary of the said Colony.

17. Every special constable shall forthwith after the expiration of his office or after he shall cease to hold and exercise the same pursuant to this Act deliver over to his successor (if any such shall have been appointed) or otherwise to such person and at such time and place as may be directed by the Police Magistrate or such Justices all arms staves weapons and other articles which shall have been provided for such special constable under this Act and if any such special constable shall omit or refuse so to do he shall on conviction thereof in a summary way by any Justice of the Peace forfeit and pay for such offence any sum of money not exceeding ten pounds as to the convicting Justice shall seem meet,

18. If any person shall assault or resist any special constable whilst in the execution of his office or shall promote incite or encourage any other person so to do every such person shall on conviction thereof in a summary way before any Justice of the Peace forfeit and pay for such offence any sum not exceeding ten pounds or it shall be in the discretion of the Justice before whom any such conviction shall take place to imprison the person so convicted for any term not exceeding six months with or without hard labor.


Preface | Working paper
Appendix A | Appendix B | Appendix C | Appendix D | Appendix E

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