[i roto i te reo Māori]

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§ 59.—VII Constables

The Constable, or Policeman, is another of the officers of the Law, whose duty it is to carry out the orders of the Magistrates. And he is sworn before a Magistrate to do his duty.

If a Constable see any person strike another, or offer to do so, or threaten to do so, he may take him and detain him, and carry him before a Magistrate. And in case of felony actually committed, he may, upon reasonable suspicion, arrest a person suspected to be guilty.

A person obstructing a Constable in the discharge of his duty may be arrested, but may not be struck by him. If a Constable hears a disturbance in a house, he may enter. And any person may interfere to prevent Murder or other felony.

Should a private individual see persons fighting, and serious injury likely to result, or the commission of a felony, he must interfere to prevent it. If he fails to do so, he himself will incur blame.

A Constable may use force to arrest a fugitive felon, and if death ensues, it is not Murder.

On a direct charge of felony, the Constable must arrest: if he fail to do so, he will incur blame.

On reasonable suspicion, the Constable may arrest.

A Constable is bound to execute any Warrant of a Magistrate.

If a Constable sees a man drunk in the street, he may take him up. If there is a great disturbance, the Constable may call upon any one to assist him, and the person so called upon is bound to assist.

When a Constable arrests a man, he must take him before a Magistrate, and state the ground of his arrest; he must not keep him in confinement longer than necessary.