PEACE PRESERVATION ORDINANCE, 1886

PEACE PRESERVATION ORDINANCE, 1886

No. 10 of 1886.

An Ordinance to make provision for preservation of
the public peace.
[2nd June, 1886.]

1. This Ordinance may be cited the Peace, Preservation
Ordinance, 1886.
PART I.
SPEcIAL CONSTABLES.
2. Whenever it appears to the Governor that any tumult
or riot has taken place or inay be reasonably apprehended,
and that the ordinary officers appointed for preserving the
peace are not sufficient therefor, it shall be lawful for the
Governor to authorise any magistrate to summon, by writing
in Form No. 1 in the First Schedule, before him, any number
of persons resident or being then within the Colony, then
and there to be appointed and to act as special constables so
long as the said authority remains in force: Provided that it
shall be lawful for the sald magistrate, if it appears to him,
upon the oath of any person, that there is good and sufficient
canse to believe that any person intended to be appointed a
special constable is concealing himself in order to avoid
service of the summons or that he is likely to disobey the
same, to issue a warrant, in Form No. 2 in the First Schedule,
in the first instance, for the purpose of before him
such person so to be appointed.

3. Every special constable shall have the same powers for
the preservation of the peace, the prevention of of offences, the
apprehension of offenders, and for all other purposes, and the
same privileges protection, and immunities, as the members
of the police force, except as to pay and pension or other re-
ward, and shall be subject to the orders of the Governor, the
magistrates, the Captain Superintendent of Police, and any
one or more Justices of the peace who shall be authorised by
the Governor to act in that behalf.

4. Every person required to serve as a special constable
under this Ordinance who refuses or otherwise omits, with-
out reasonable excuse, to appear as a special constable shall

As amended by Law Rev. Ord., 1923. See also No. 3 of 1890, s. 86, and No. 2 of
1900,s. 25.
+ As amended by Law Rev, Ord., 1923.
++ As amended by Law Am. Ord., 1923.





Upon summary conviction be liable to a fine not exceeding
one hundred dollars, and to imprisonment for any term not
exceeding two months.

5. Every person so appointed a special constable, and called
upon to serve, who, without reasonable excuse, refuses or
neglects to serve and to obey such lawful orders and
directions as may be given to him for the performance of
the duties of his office, as provided in section 3, shall upon
summary conviction be liable to a fine not exceeding one
hundred dollars, and to to imprisonment for any term not
exceeding two months: Provided always that no person
shall be subject to any penalty under this section who is
unable to perform the duties of a special constable, by
reason of old age, sickness, or other infirmity, proved to
the satisfaction of the magistrate.

PART II.
PROCLAMATION OF THE PEACE.
6. Whenever it appears to te necessary for the preserva-
tion of the public peace, it shall be lawful for the Governor
in Council to declare, by proclamation, that the Colony shall
be subject to the following provisions of this Ordinance;
and ever such proclamation shall remain in force until
cancelled by Governmnent notification.

7.-(1) Whenever and wherever the peace is being broken
during the continuance of any such proclamation, it shall be
lawful for the Governor, or the Colonial Secretary, or any
justice of the peace to call upon all bystanders and persons
in the vicinity to give their aid in preserving the peace and
in apprehending persons breaking the peace.

(2) Every person who, withoug lawful excuse, refuses or
omits to give such aid shall upon summary conviction be
liable to a fine not exceeding fifty dollars, or to imprisonment
for any term not exceeding three months.

8.-(1) Whenever any persons are found, during the
continuance of such proclamation, unlawfully, riotously, or
tumultuously assembled to the disturbance of the peace and
to the terror of His Majesty's subjects, any justice of the
peace may, in an audible voice, warn such persons that they
As amended by Law Am. Ord., 1923.


are acting, in contravention of the law, and require them to
disperse and depart to their habitations or to their lawful
business.

(2) All persons remaining so assembled after such warn-
ing, may be dispersed and taken into custody by any of officer
of police or special constable, or by any other person
acting under the orders of a justice of the peace, and shall
upon summary convition to be liable to a fine not exceeding
fifty dollars, or to imprisonment for any term not exceeding
three months.

(3) If any person so warned to disperse is hurt, maimed,
or killed in the dispersing, seizing, or apprehending or the
endeavouring to disperse, seize, or apprehend, the persons
hurting, maiming or killing him shall be free, discharged,
and indemnified from the consequences, except on evidence
of gross carelessness, wantonness, or malice.

9. It shall be lawful for any justice of the peace, acting
under the powers prescribed by section 3, to enter, with or
without a written warrant and with or without assistance,
and to authorise any officer of police or special constable to
enter, with or without a written warrant and with or without
assistance, and using in either case force, if necessary, into
any dwelling-house or other building, and into any place in
which he may suspect that any arms or instruments or
ammunition may be, contrary to the provisions of the Arms
and Ammunition Ordinance, 1900, and such arms and
instruments or ammunition may be seized and confiscated.
[s. 10, rep. No. 52 of 1911.]

11. During the continuance of any such proclamation, any
justice of the peace may enter, with without assistance, or
may order any officer of police or special constable, or other
person to enter, without a warrant and with or without
assistance, using force in elther case, if necessary, into any
dwelling-house or other building, or into any place into
which he may have reasonable cause to suspect that persons
lately riotously assembled or engaged on *any unlawful pur-
pose have, made their escape, or in which he may have
reasonable cause to suspect that persons about to break the
peace are assembled, and may apprehend and take into
custody the said persons; and every person so arrested may
be detained, until he can be conveniently brought before a
magistrate to be dealt with according to law.





12. Every person who, during the continuance of any such
proclamation,-

(1) -unlawfully combines to procure a stoppage of the sale
or transit from place to place of provision,; or other
articls; or

(2) unlawfully combines to procure shopkeepers, dealers,
or other persons to discoutinue the sale or transit from place
to place of provisions, or other articles; or

(3) Prevents or endeavours to prevent, any person from
purchasing or from being supplied with any such articles,

shall upon summary conviction be liable to a fine not exceed-
ing fifty dollars, and to imprisonment for any term not
exceeding three mohths.

12A. (1) Notwithstanding anything in any other Ordi-
nance to the contrary, every male person who during the
continance of any proclamation under this Ordinance, com-
mits any offence against any of the enactments mentioned in
the Second Schedule shall, in addition to any other punish
ment provided, be liable on conviction, whether on
indictment or summarily, to be flogged.

(2) In all cases where the punishment of flogging is
awarded under this section the following Provisions shall
have effet:-

(a) the sentence shall prescribe,the number of strokes to
be inflicted;

(b) the number of strokes shall not exceed twenty-four
in case of all offender whose age exceeds sixteen years,
or, twelve in the case of an offender whose age does not
exceed sixteen years;

(c) the instrument used in the case of an offender whose
age exceeds sixteen years shall be the instrument commonly
known as the cat or else the birch as the court or
magistrate may specify in the sentence, and in the case of
offender whose age does not exceed sixteen years it shall be
the birch; and

(d) the flogging shall be inflicted in prison and within
six months of the sentence.





PART Ill.

MISCELLANEOUS.
[s. 13, rep. No. 9 of 1912.]

14. No person acting in good faith under the provisions
of this Ordinance shall he liable in damages or otherwise for
any act done by him in pursuance of the obligation and duty
impose & or reasonably supposed to be imposed, on him by
this Ordinance.

FIRST SCHEDULE.

FORM No. 1. [S. 2.]

Summons.

TO

WHEREAS His Excellency the Governor has authorised the appoint-
ment of special constables in this Colony, and whereas you are appointed
to be a special constable in this Colony : This is therefore to require
you to attend at the police court in this Colony instanter, [or at
o'clock on day, the day of , 19 ,] there
to be enrolled as a special constable, under the Peace Preservation
Ordinance, 1886. and herein fail not.

Given at this day of

(Signed.) Magistrate.

Form No. 2. [s. 2.]

Warrant.

TO Captain Superintendent of Police and all police officers.

WHEREAS His Excellency the Governor has authorised the appoint-
ment of special constables in this Colony, and whereas A.B. has been
appointed to be special constables in this Colony: This is therefore
to require you to bring before a magistrate the said A.B. instanter [or
as the ease may be] to be enrolled as a special constable, under the Peace,
Preservation Ordinance,1886.

Given at this day of , 19 .

(Signed.) Magistrate.













SECOND SCHEDULE. [s. 12A.]

The Summary Offenecs Ordinance, 1845, (No. 1 of 1845), section
3(13).

The Offences against the Person Ordinance, 1865, (No. 2 of 1865),
sections 5, 10, 11, 12, 13, 14, 15, 17, 19, 20, 21, 22, 23, 27, 28, 29, 30,
30A,34, 37, 38, 42, 43, 55.

The Larceny Ordinance, 1865, (No. 5 of 1865), sections 29, 31, 31, 32,
33, 38, 39, 40, 42, 43, 44, 45, 46, 47, 49.

The Malicious Damage Ordinance, 1865, (No. 6 of 1865), sections 2, 3,
4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 19, 20, 24, 25, 27, 27A, 28, 29, 30, 33,
35, 36, 37, 41, 42, 43, 44, 45.

The Suppression of Piracy Ordinance, 1868, (No. 1 of 1868), sections
2, 4, 5, 6.

The Peace Preservation Ordinance, 1886, (No. 10 of 1886), sections

The Arms and Ammunition, Ordinance, 1900, (No. 2 of 1900),
sections 4, 23.

The Police Force Ordinance, 1900, (No. 11 of 1900), section 31.

The Tramway Ordinance, 1902, (No. 10 of 1902), section 58.

Criminal Intimidation Ordinance, 1920, (No. 13 of 1920),
section 3.
[Originally No. 15 of 1886. Law Rev. Ord., 1924.] Short title. Power to Governor to appoint special constables in case of tumule, etc. 1 & 2 Will. 4, c. 41, s. 1. First Schedule. Form No. 1. Form No. 2. Powers of special constable. 1 & 2 Will. 4, c. 41, s. 5. Punishment for refusing to appear as special constable. 1 & 2 Will. 4, c. 41, s. 7. Punishment for refusing to act as special constable. 1 & 2 Will. 4, c. 41, s. 8. Power to Governor in Council to issue proclamation. Power to call for assistance from bystanders. Dispersion of riotous assembly. [cf. Seond Schedule.] Power to enter house and seize arms, etc. Ordinance No. 2 of 1900. Power to enter house and to arrest persons. Combination to stop trade. [cf. Second Schedule.] Flogging for offences during continuance of proclamation. Second Schedule. Indemnity to person acting under the Ordinance.

[Originally No. 15 of 1886. Law Rev. Ord., 1924.] Short title. Power to Governor to appoint special constables in case of tumule, etc. 1 & 2 Will. 4, c. 41, s. 1. First Schedule. Form No. 1. Form No. 2. Powers of special constable. 1 & 2 Will. 4, c. 41, s. 5. Punishment for refusing to appear as special constable. 1 & 2 Will. 4, c. 41, s. 7. Punishment for refusing to act as special constable. 1 & 2 Will. 4, c. 41, s. 8. Power to Governor in Council to issue proclamation. Power to call for assistance from bystanders. Dispersion of riotous assembly. [cf. Seond Schedule.] Power to enter house and seize arms, etc. Ordinance No. 2 of 1900. Power to enter house and to arrest persons. Combination to stop trade. [cf. Second Schedule.] Flogging for offences during continuance of proclamation. Second Schedule. Indemnity to person acting under the Ordinance.

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