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Powers of
Dominion
Commis-
sioners of
Police.

CHAPTER 81.

An Act respecting Commissioners of Police appointed by the Government of Canada.

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. Every Commissioner of Police duly appointed under the Great Seal of Canada to be and act as such within the Province of Ontario, under and by virtue of the "Act respecting the Police of Canada," and authorized in that behalf by commission from the Lieutenant-Governor, under the Great Seal R. S. C. c. 184, of this Province, shall have and exercise within the several Counties, Temporary Judicial, Provisional Judicial or Territorial Districts, or Provisional Counties within this Province, all the powers and authority, rights and privileges, by law appertaining to Police Magistrates of Cities, and all the powers and authority, rights and privileges appertaining to Justices of the Peace generally; and shall be subject in all respects, except as otherwise provided by this Act, to the requirements of the law of this Province respecting Police Magistrates and the office of Justice of the Peace; but it shall not be necessary for a Commissioner of Police as aforesaid to possess any property qualification or to be actually resident within any County or other territorial division for which the administration of criminal Justice is provided, nor shall it be necessary for any Commissioner of Police to take or subscribe any oath of allegiance or of office within any County or District. R. S. O. 1877, c. 81, s. 1.

Qualification of Commissioners.

Police constables.

2. The police constables appointed or employed by a Commissioner of Police shall be charged with all the powers, rights and responsibilities which belong by law to constables. duly appointed in this Province, and they shall be subject to the Commissioner of Police, and liable to all the responsibilities, forfeitures and penalties provided by or expressed in the said R. S. C. c. 184. Act respecting the Police of Canada. R. S. O. 1877, c. 81, s. 2.

Commission

ers and con

no authority

3. The Commissioners of Police, and the police constables, notwithstanding anything herein to the contrary, shall as such stables to have have no power or authority in respect of offences against in municipal municipal by-laws, or as such with any other purely municipal matters; and this Province shall not be liable to any charge for the maintenance of the Commissioners of Police or police constables. R. S. O. 1877, c. 81, s. 3.

matters.

4. In case the Lieutenant-Governor revokes a commission Revocation of issued by him under this Act, the authority of such Com-commissions missioner, and of any constable appointed by him, as far as the Governor. same are given under or by virtue of this Act, shall forthwith cease. R. S. O. 1877, c. 81, s. 4.

by Lieutenant

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ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

:

APPOINTMENT BY GENERAL SESSIONS.

1. The Justices of the Peace may from time to time, at any Appointment sitting or adjourned sitting of the Court of General Sessions of of Constables. the Peace, appoint a County High Constable, and a sufficient number of fit and proper persons to act as Constables in each township, incorporated village, police village and place within their county, and may, in like manner, from time to time, Dismissal. in their discretion, dismiss any Constable so appointed. R.S.O. 1877, c. 82, s. 1.

2. The persons so appointed shall, before entering on the Constables to duties of their office, take and subscribe the following oath, be sworn. which any Justice of the Peace may administer :

"I,

, having been appointed High Constable (or Constable) The Oath. for the County (or United Counties) of do solemnly swear that I will truly, faithfully and impartially perform the duties appertaining to the said office, according to the best of my skill and ability: So help me God."

R. S. O. 1877, c. 82, s. 2.

Continuance in office.

Appointment

of Constables by County

3. Every Constable so appointed, and having taken the aforesaid oath, shall continue in office at least one year, and shall further continue in office from year to year without re-appointment, unless he claims exemption from serving as Constable, in which case he shall be released at any time after the end of the first year. R. S. O. 1877, c. 82, s. 3.

APPOINTMENT BY COUNTY JUDGE.

4. To prevent injurious delay in appointing County Constables, arising from the long intervals between the sittings of Court Judges. the Courts of General Sessions of the Peace, any Judge of a County Court may, at any time, and from time to time, appoint any person or persons to be a Constable or Constables for the County or United Counties of the County Court of which such Judge is a Judge. R. S. O. 1877, c. 82, s. 4.

Clerk of the
Peace

5. The Judge making the appointment shall forth with to be notified. notify the Clerk of the Peace thereof. R. S. O. 1877, c. 82, s. 5.

Sessions.

Clerk to report 6. The Clerk of the Peace shall report every such appointto the General ment to the next Court of General Sessions of the Peace which is holden after he receives notice thereof from the Judge, and unless at such Court the appointment is revoked by order duly passed in Sessions, the same shall continue as if the same had originally been made at such Court. R. S. O. 1877, c. 82, s. 6.

Authority of
Constables.

Certain Police

may appoint

7. A Constable so appointed by a Judge as aforesaid shall, during the continuance of the appointment, have the same authority and privileges and be subject to the same liability and the performance of the same duties as if originally appointed by the Court of General Sessions of the Peace. R. S. Ò. 1877, c. 82, s. 7.

8.-(1) A salaried county or district Police Magistrate shall Magistrates have power from time to time to appoint a Constable for the county or union of counties or district of which he is a Police Magistrate, such Constable to hold office for not more than thirty days.

temporary Constables.

(2) The Police Magistrate making any such appointment shall forthwith notify the Provincial Secretary thereof.

(3) The appointment may be revoked by the Police Magistrate, or by the Provincial Secretary, before the expiration of the thirty days.

(4) A Constable appointed by a Police Magistrate shall have the same authority and privileges, and be subject to the same liability and the performance of the same duties, as if appointed by the Court of General Sessions of the Peace. 50 V. c. 11, s. 6.

SUSPENSION FROM OFFICE.

9. The Judge of the County Court may suspend from office Suspension of any County Constable for any period in the discretion of the Constables by County Court Judge, but not beyond one week after the time appointed for Judge. the next sittings of the General Sessions of the Peace; the suspension shall be by notice in writing, and in case the Judge considers the suspended officer deserving of dismissal, the Judge shall, immediately after suspending him, report the case fully to the Clerk of the Peace for submission to the Justices at the next General Sessions of the Peace; and the Justices may dismiss the officer, or direct him to be restored to his office, after the period of his suspension has expired, or after such further period of suspension as they may order. R. S. O. 1877, c. 82, s. 8.

APPOINTMENT BY LIEUTENANT-GOVERNOR.

Provincial Constables.

Constables by

10. The Lieutenant-Governor may appoint, either perman- Appointment ently or for such a period as he may think fit, persons to be of Provincial Provincial Constables, and every person so appointed shall, Lieutenantwhile he holds office, be a Constable of every county and dis- Governor. trict in Ontario, and, as such, shall have authority to act in any part of this Province. R. S. O. 1877, c. 82, s. 9.

In Unorganized Districts.

11. The Lieutenant-Governor may, from time to time, ap- Appointment point Constables for any Provisional Judicial, Temporary Judi- of Constables in unorganized cial or Territorial District, or Provisional County, or for any Districts. portion of the terrritory of Ontario not attached to a county for ordinary municipal and judicial purposes. R. S. O. 1877, c. 82, s. 10. See also Cap. 91, s. 78.

EXEMPTIONS.

12. The officers, non-commissioned officers and men of corps Exemption of of volunteers shall, while they continue such, be exempt from Volunteers from serving serving as Constables (except as special constables); and a certi- as Constables. ficate under the hand of the officer commanding any such corps shall be sufficient evidence of the service in his corps of any officer, non-commissioned officer or man for the then current year, and of his exemption as aforesaid. R. S. O. 1877, c. 32, s. 11.

APPOINTMENT OF SPECIAL CONSTABLES.

Justices

13. In case it is made to appear to any two or more Justices Any two or of the Peace of any territorial division in this Province, upon more Peace the oath of any credible witness, that any tumult, riot, or empowered to felony has taken place or is continuing, or may be reasonably appoint

special con

stables in certain cases

of apprehen

sion of riot, felony, etc.

apprehended in any territorial division or place situate within the limits for which the respective Justices usually act, and in case the Justices are of opinion that the ordinary 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 in such territorial division or place as aforesaid, then and in every such case the Justices or any two or more Justices acting for the same limits may nominate and appoint, by precept in writing under their Who may be hands, so many as they think fit of the householders or other persons not legally exempt from serving in the office of Constable, residing in such territorial division or place as aforesaid, or in the neighbourhood thereof, to act as Special Constables for such time and in such manner as to the said Justices respectively seems necessary for the preservation of the public peace and for the protection of the inhabitants and the security of property in the territorial division or place. R. S. O. 1877, c. 83, s. 1.

appointed.

Such Justices may administer an oath of

office to the person so appointed.

Oath.

Notice of ap

14. The Justices of the Peace who appoint Special Constables by virtue of this Act, or any one of them, or any other Justice of the Peace acting for the same limit, may administer to any 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 of

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 will 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."

R. S. O. 1877, c. 83, s. 2.

15. In case it is deemed necessary to nominate and appoint pointment to be sent to Pro. Special Constables as aforesaid, notice of the nomination and vincial Secre- appointment, and of the circumstances which rendered it expedient, shall be forthwith transmitted by the Justice making the nomination and appointment to the Secretary of the Province. R. S. O. 1877, c. 83, s. 3.

tary.

Justices may

make regula

16. The Justices of the Peace who appoint any Special Contions touching stables under this Act, or any two of them, or the Justices constables. acting for the limit within which the Special Constables have been called out, may, at a special session of the last mentioned Justices, or the major part of the last mentioned Justices, at such special session, make such orders and regulations as may from time to time be necessary and expedient for rendering the Special Constables more efficient for the preservation of the public peace, and may remove any such Special Constable from his office for any misconduct or neglect of duty therein. R. S. O. 1877, c. 83, s. 4.

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