Destitute Persons Act 1846/Section 20

Persons about to abscond may be arrested.

20.In case any person who may be bound by any such order as aforesaid shall attempt to remove from the Colony, it shall be lawful for any two Justices of the Peace, on the application of any officer appointed by the Governor to act in that behalf, to cause such person to be arrested and to be detained in safe custody until he shall give security, to the satisfaction of such Justices, for the due performance of such order, or shall make a composition for the same as hereinbefore provided: Provided always that no such arrest shall be made unless the person applying for the same shall make a direct and positive affidavit, to the satisfaction of such Justices, that such order is then in force and unsatisfied, and that he believes that the person bound thereby is about to remove from the Colony, and shall also show in such affidavit that there is probable cause for such belief.

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