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Bail For Petty Offences Ordinance 1862

17. The Bail for Petty Offences Ordinance 1862.

Whereas it is desirable to provide a more convenient method than now exists for

Admitting to Bail Persons in Custody for Petty Offences:

Be it therefore enacted by the Superintendent of the said Province, with the advice and consent of the Provincial Council thereof, as follows:—

1.When any person charged with drunkenness or any other petty offence or misdemeanour shall be brought, without the warrant of a Justice of the Peace, into the custody of any constable during his attendance at any watch-house or

police-station, it shall be lawful for the said constable in charge of the station or watch-hous, if he shall deem it prudent to take bail by recognizance, with or without surety or sureties, as the said constable in charge of the station or watch- house shall think fit, without any fee or reward from such person conditioned, that such person shall appear for examination before a Justice of the Peace at some time and place, to be specified in the recognizance, and the constable shall enter in a book, to be kept for that purpose at every police-station or watch-house, the name, residence, and occupation of the party, and his surety or sureties (if any) entering into such recognizance, together with the conditions thereof, and the sums respectively acknowledged, and such entry shall be sgned by the party and his surety and sureties (if any) entering into such recognisance, and shall be laid before such Justice as shall be present at the time and place when and where

the party is required to appear, and if the party does not then and there appear, the Justice shall require a record of such recognizance to be drawn up and signed by such constable; and if the party not appearing shall apply, by any

person on his behalf, to postpone the hearing of the charge, and the Justice shall consent thereto, the Justice shall be at liberty to enlarge the recognizance to

such further time as he shall appoint, and on the party appearing at the time and place fixed, either originally or by enlargement or postponement, to answer to the charge brought against him, the recognizance shall be void; but if the party shall not so appear, such recognizance shall be estreated in the ordinary way.

2.Every recognizance taken as above provided shall be of equal obligation on the parties entering into the same, and liable to the same proceedings for the estreating threrof as if the same had been taken before a Justice of the Peace.

3.This Ordinance shall be entituled and may be cited as "The Bail for Petty

Offences Ordinance, 1862."

Notes.

This Ordinance was passed by the Canterbury Provincial Council, and was assented to by the Superintendent on the 3rd of December 1862.