CONSTABULARY FORCE ORDINANCE. An Ordinance to provide for the establishment and maintenance of a Constabulary Force. [Passed the 9th day of October, 1846.]

New Zealand Spectator and Cook's Strait Guardian, Volume III, Issue 148, 30 December 1846, Page 4

CONSTABULARY FORCE ORDINANCE. An Ordinance to provide for the establishment and maintenance of a Constabulary Force. [Passed the 9th day of October, 1846.]

FOR the purpose of providing for the establishment, maintenance, and discipline of an armed Constabulary Force. Be it enacted, by the Lieutenant Governor of New Zealand, wiih the advice and consent of the Legislative Council thereof, as follows :—: — 1. It shall be lawful for his Excellency the Governor to cause a sufficient number of fit and able men to be embodied to serve as an armed Police Force, who shall be sworn before a Justice of the Peace to act as Constables in and throughout the colony, for preserving the peace, and preventing robberies and other felonies, and apprehending offenders against the peace. 2. It shall also be lawful for his Excellency the Governor, by Warrant under his hand, to appoint Commissioners and Inspectors of such Police Force, or such other Officers as he may deem expedient for the general superintendence and management of the said Force : and such Commissioners, Inspectors, and other Officers from time to time to displace and remove, and to appoint others in their place as to him shall seem meet. 3. It shall also be lawful for his Excellency the Governor from time to time to make such Regulations respecting the training, arms, and accoutrements, clothing and equipment of such Force, and respecting all other matters connected therewith as may be required for promoting the discipline and efficiency thereof : and also to direct the employment and distribution of the said Force as to him shall seem meet. 4. It shall be the duty of the Commissioners, Inspectors, and other Officers of the said Force to suppress all tumults, riots, affrays, or breaches of the Peace, and all public nuisances and offences against the Law in any part of the colony where they may be on duty. 5. The Constables s jsworn, as aforesaid, shall throughout the 'colony have all such powers and privileges, and be liable to all such duties and responsibilities, as any Constable may by Law have or be liable to, and shall obey all lawful directions touching the execution of their office which they may from time to time receive from such Commissioner, Inspector, or other Officer. 6. It shall be lawful for any such Constable to apprehend all loose, drunken, idle, disorderly persons whom he shall find disturbing the public peace, or whom he shall have just cause to suspect of any evil designs. 7. For the purpose of securing obedience to the Regulations frcm time to time to be made, for promoting the discipline and efficiency of the said Force, it shall be lawful for the Commissioner or Inspector to stop from the pay of any Constable offending against any such Regulation, any sum not exceeding Twenty Shillings, in respect of every such offence, or to cause such Constable to be ta- \ ken bef r re any such Commissioner, or any two Justices of the Peace. And every such Constable upon conviction of any offence against the Regulations so to be made, as aforesaid, shall forfeit and pay any sum not exceeding Twenty Pounds, nor less than Five Shillings, to be recovered in a summary way ; and shall, in addition to such fine or in default of payment thereof, be liable to be imprisoned for not less than one week, nor more than six calendar months, in any gaol or place of confinement within the colony. 8. It shall be lawful for the Commissioner \ or Inspector, for the time being, to suspend or dismiss from his employment any such Constable whom he shall think remiss or negligent in the execution of bis duty, or otherwise unfit for the same. And when any such Constable shall be so dismissed, or shall otherwise cease to belong to the said Force, all powers and authorities vested in him, by virtue of this Ordinance, shall cease and determine. 9. If any such Constable shall take a Bribe, or any gratuity whatever, for suffering any person lawfully in his custody to escape, or shall wilfully neglect to execute any Warrant entrusted to him, or to make any seizure, or who shall show favor to any person so in custody, as aforesaid, every such Constable shall - forfeit and pay for every such offence, any sum not exceeding Twenty Pounds, or be imprisoned and kept to hard labour tor any period not exceeding six calendar months; as to the Convicting Justice shall seem meet.

10. If any such Constable shall, during the period for which he shall have engaged to serve in the said Force, desert from the same, or lefuse to serve therein, every such offender shall forfeit and pay for every such offence any sum not exceeding Twenty Pounds, to be recovered in a summary way. 11. All Fines or Penalties which may be recovered by virtue of this Ordinance shall be given and paid one -third to the informer or prosecutor, if demanded, and the residue for the use of her Majesty, her heirs and successors, for the public uses of the Colony and the support of the Government thereof. Provided always, that when any Constable belonging to the said Force shall be entitled to the whole or a proportion of any Forfeiture, Penalty, or Seizure, under this or any other Ordinance in force for the time being, the amount or proceeds thereof shall go to a general fund, to be distributed at the end of every year among the officers and men belonging to the said Force, in such proportions and according to such regulations as the Governor shall dirf ct and determine, and in default of any such regulations and directions, the same shall he paid to the person entitled thereto immediately upon the recovery thereof. 12. If any Victualler or Licensed Publican, or other person, :>hall knowingly harbor or entertain any Constable belonging to the said Force, or permit such Constable to abide or remain in bis house, shop, room, cr other place, during any part of the time appointed for his being on duty elsewhere, or alter the hours appointed for closing public houses by the " Licensing Ordinance," No. 12, Sess. 2, unless such Constable shall have entered therein for bonafide execution of his duty, and shall remain there so long only as shall be requisite in that behalf, every such Victualler, Publican, or other person, shall for every such offence forfeit and pay any sum not exceeding Five Pounds, to be recovered in a summary way. 13. It shall be lawful for his Excellency the Governor to award to any of the Constables belonging to the said Force such sum of money as to him shall seem meet, as a reward for extraordinary diligence or exertion, or *s a compensation for wounds or severe injuries received in the performance of their duty, or as an allowance to such of them as shall be disabled by bodily injury received, or shall be worn out, by length of service. 14. For -the protection of persons acting in the execution of this Ordinance, all actions and prosecutions to be commenced against any person for any thing done in pursuance of this Ordinance, shall be commenced within four calendar months after the fact committed and not otherwise, and notice in writing of such action, and of the cause thereof, shall be given to the defendant one calendar month, at least, before the commencement 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, together with the costs incurred up to that time : And if a verdict shall be given for the defendant, or the plaintiff be non-suited, or discontinue any such action after issue joined, or if upon demurrer, or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client. And though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the •defeudant, unless the Judge before whom the trial shall be, shall certiiy his approbation of the action, and of the verdict obtained thereupon. 15. For the purposes of this Ordinance, the word " Governor " shall be taken to include the "Lieutenant- Governor," or the " Officer Administering the Government" of the Colony for the time being. George Grey, Lieutenant-Governor and Commander-in-Chief. Passed in the Legislative Council, ~| this ninth day of October, in the I Year of Our Lord One thousand f eight hundred and forty- six. J J. Coaxes, Clerk of Council.