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PRESS AND OTHEB OPINIONS. ^

" It is excellent both in form and substance. The
aruangement is simple and convenient and the language is clear
and, well expressed. Great pains have evidently been taken
to make the work both complete and accurate. The
Honourable J. W. CaiTington, D.C.L, HC, C.M.G, Attorney
General, British Guiana,



*• I think the Manual admirable ; it is facile princeps and
a most carefully put together work.*' — Colonel the Honourable ,
B. Stapleton- Cotton, late Inspector General of Police, British
Guiana.

" As an old policeman of over 18 years' standing, it has
given me great pleasure to read your Constables' Manual and I
have no hesitation in saying that it is the best instructor of
the kind that has ever come into my hands." — Captain, A. W
Baker, Inspector of Prisons, Bntish Guiana, formerly Inspector
General of Police, Trinidad



^< It is a compact and well arranged little volume, capitally
printed, and contains a fund of information of an invaluable
character to all connected with Police Administration. No
Member of the Force should be without a copy."— JA« Daily
Chronicle.



'<It is in reality a policeman's vade inecum, abounding
in sound practical information. If our police master
thoroughly, and carry into practice, the rules aid down in this
little volume, the moral of the force must undergo great im-
provement. . . Valuable publication." The Liberal



**Will no doubt prove of great benefit to the Members of
the Force, . . . Mr. Francis must be congratulated on his
handy book, which ought to be in the possession of every
Police Constable. " — The Berbice Gazette.



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FRBftft AlUX OTHBR 07UUO1I&

" Reflects the greatest credit on you A most

useful guide Raak and File and N.C.O.'i and 0<wi-

missioned Officers ought to appreciate it."— P. H, J8. HiH
^squire, S.J.Ry Police Magistrate /or Georgetown, formerly
Senior InspecUn of Polite, "^ ^

'Contains invaluable information for Members of the
Force .... Mr. Francis is entitled to high encomiums for
his production."—. r^e Echo,

•• Yon hare supplied a want that was much felt by the
Police Force . .' . . A Oonstabfe who takes the trouble to
read your book, should have a very fair knowledge of the law
as it afifects himself and his duties."— jft. A. Swan, Esquire
BaMster-at-Law Stipendiary Magistrate, British Guiana
formerlg of Madras Police. *

" The Author of this book is a Magistrate and Inspector of
Police in British Guiana, and has produced a yery concise and
practical volume for the rank and file, Ita alphabetical
arrangement is exceedingly simple, and it wiH inform a
constable exactly what is the right thing to do in any
particular circumstances. The author has long been con-
nected with the Force, and has besides had practical experience
with the Cape Mounted Rifles in the Galeka war, and Gaika
rebellion of 1877-1878. The police of British Guiana have
cause to thank him for his help." — Artn^ and N<wy Gazette,"



Admirably adapted to the purpose for which it was
prepared."— Co/. Sir Edward R, C. Bradford, K.O.B. Com-
missioner of Police of the Metropolis,



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CLAUDE FRANCIS, j.p.

CTOR British Guiana Polick.



[FpuRTH Thousand.]

CRIMINAL CODE

AND

CONSTABULARY MANUAL

FOB

BRITISH GUIANA.

SECOND EDITION.



o CLAUDE FRANCIS,

fustice of the Peace, and County Inspector Constabulary,



PRINTED AND PUBLISHED
BY

Alexander Lamb, high street, leyton essex.



189s.




yGOOgl*






\^fx^, (^.^A /y /^^




PREFACE

TO THE SECOND EDITION.



The recent revision of the Colony's Laws
has necessitated this Edition.

The Title has been changed from " Con-
stables' Manual."

I have to express my obligation to the
following valuable works which have been from
time to time consulted in the preparation of this
little book; — viz. Taylor on Evidence; Roscoe's
Nisi Prius Evidence; Fisher's Common Law
Digest; Archbold's Criminal Pleading; Oke's
Formulist; Stone's Justices' Manual; Bell's Digest
of the Law of Scotland ; Paley on Summary Con-
victions ; Lovesy's Duties of Coroners ; Snowden's
Police Officers' Guide ; Stephen's Digest of the
Law of Evidence ; Wharton's Law Lexicon ;



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4

Broom's Commentaries on the Common Law;
Wigram's Justices' Note Book ; Howard Vincent's
Police Code ; and Taylor's Medical Jurisprudence*

. CLAUDE FRANCIS.



British Guiana,

189s.



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TABLE OF CONTENTS.






List of abbreviations and references.

Forms of charges and complaints.

Directions for the investigation of crime.

General Duties of Constables, Rules of Conduct,
Maxims, Advice, &c.

General subjects.

Prevention of Crimes, Ord. i, 1885.

Explosives Ord. 10, 1889.

Special Constables' Ord. 4, 1889.

Police Ord. 10, 1891.

Rural Constabulary Ord. 11, 1891.

Index.




dbyG004



A. x^i^irr oi^



ABBREYIilTIONS AND R£f^R£NCES



Used in this Manual,


WITH


EXPLANATIONS.


ABBREVIATIONS.


NAME OF WOBK8, ETC.


Arch. Crim. Pig.


Archbold's Criminal Pleading


Bing.


Bingham's Reports, '* Com-




mon Pleas."


Camp.


Campbell's Reports, " Nisi




Prius."


Com. L.


Common Law.


Cox.


Cox's Reports, " Chancery."


C.&P.


Carrington & Payne's Re-




ports, " Nisi Prius."


Dears. C. C.


Dearsly's Crown Cases,




"Criminal Appeal."


Dears. & B. C. C.


Dearsly & Bell's Crown




Cases, ** Criminal Appeal."


Doug.


Douglas' Reports, " King's



Bench " Edition.





ABBREVIATIONS (continued)



ABBREVIATIONS.

Ed,
Esp.

East, P, C.

E, 1,

F, & F.

G, O.

G,M, O.

I, A, G.

Z. R,, Q, B. D,

M.& P.

M, & Rob,

Ord,

P.
Plant,

Sec,
Stark.

Vol.



NAME OF WOBKS, ETC.

Edition.

Espinasse's Reports, " Nisi

Prius.'*
East's Pleas of the Crown.
East Indian.
Foster <fe Finlason's Reports,.

"Nisi Prius."
General Order.
Government Medical Officer.
Immi.8rration Agent General.
Law Reports, Queen's Bench

Division.
Moor <fe Payne's Reports

" Common Pleas."
Moody & Robinson's Re-

ports, "Nisi Prius."
Ordnance.
Page.
Plantation.
Section.
Starkie's Reports, " Nisi

Prius."
Volumn.




byGooJ



CRIMINAL CODE & CONSTABULARY MANUAL.




Hereunder is given a foi-m of charge (or complaint) which
may be used for every offence punishable on summary convic-
tion where the accused person is in custody. If, however, the
offender was not arrested at the time of committing the offence,
and he is to be summoned, or arrested on a warrant*, then
forms 2 and 3 (Post) respectively must be used.

{Form I.]

In the Magistrate's Court.

To Esq., Magistrate.

Sir,

I charge

of for that he on the

•day of 18 at

in the Judicial District,

County of and Colony of

British Guiana, did (or was) (here set out the offence, taking
<5are to follow the wordsf of the Ord. as far as possible, under
which the charge is brought), contrary to law.

(Signature) P.C. No



* As to limit of time for making complaints, see ** Com-
j)latntsJ"

t Where the words ** Unlawfully," or " Wilfully," or
*< Feloniously," or " Maliciously," appear in the section of an
Ord. under which the charge is framed, care must be taken to



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CHAB0E8. 9

[FOKM II.]

Complaint without Oath (Fot a Summons).
BiansH Guiana.

In the Magistrate's Ooukt.

A, B., Complainant ,

V.

C, D., Defendant,

A. B., of comes before me, the

undersigned Stipendary Magistrate for the

District, and complains against C. 2>., of

for that the said C. D. (1) and

the said A . B. prays that the said C D. may he summ^^ned to
answer the said complaint.

(Signed)

Complainant.



Exhibited before me this .

day of ...: 1..

at



EEl



(Signed)

Magistrate.



insert them in the Complaint, otherwise it vrill be bad and may
be thrown out as such by the S.J.P. who is not hound
to amend a defective charge. In complaints under '< Minor
OfFences," " Vagrancy," the ** Town Council '* Ord. &c. &c. &c.,
the word ^^ unlaw fvjlly'*^ should precede the offence, thus: —
** did unlawfully behave himself in a riotous manner in a public
way, &c. ; " or * * did unlawfully cause injury to the property of
(naming the owner) by the negligent use of fire, &e.; " or "was
unlawfully found sleeping in a certain gallery without leave of
the owner thereof and did not then give a satisfactory account
of himself, &c." In cases of petty theft, the word ^^FeloniovLsly^
must be inserted in lieu of " urdawfully.^

(1) Here state concisely the substance of the complaint.




d by Goo



10 CHAUGES.

(Form III.]

Information upon Oath (^For a Warrant, etc.).
British Guiana.

Jn the '...Magistrate's Court.

A. B.n Inforniant,

V,

C. D., Defendant.

The information of A. B., of who

saith on his oath (1)

that C. D., of (2) i...

(3)

And the said A. B. prays that the said C. D. may be

summoned to answer the said information (4)

(5)

(Signed)

Inforniant,

Taken before me this

day of 1.

at

(Signed)

Magistrate, District.

(1) Or, affirmation.

(2) State concisely the substance of the information.

(3) Add, for the arrest of a witness— -4»m/ he further saith

that E. F., of can give material evidence,

but is not likely to attend voluntarily ; or, and wilfully avoids
service of the summons.

(4) Or, if a warrant is desired in the first instance — mav be
apprehended for the said offence, and dealt with according to law.

(5) Or, for sureties for the peace — And he lays this informa-
tion for the safety oj his person and property, and not from
malice or revenge against the said C. D, Add for the arrest of
a witness — And he further prays that the said E. Ft may be
apprehended and brought before the Court to give evidence.



:;:}





CHABGBS. 11

The following are forms of charges for indictable offences,
and they comprise the principal ones, which a constable should
know how to draft for himself J : —

Tc Esquire, Magistrate,

{No. 1.) Sir,

ASSAULTS. I charge

STABBING, OB foT that he on day of

SHOOTiKG, &c. 18 ,at in

the County of and

Colony of British Guiana, ♦ unlawfully, mali-
ciously, and feloniously, did, with a certain
gun, then and there loaded with gunpowder
and divers leaden shot, shoot at one CD. with
intent in so doing then and thereby to maim, or
disfigure, or disable him (or to do him some
grievous bodily harm), contrary to law.

(^Signature) P,C. No



IDEM. (No. 2.) For that he &c., &c., &c. (as in No. 1

CAUSING to *) unlawfully, maliciously, and feloniously,

BODILY did wound one O.D. with intent, &c., Ac. (as in

UAKM. No. 1), contrary to law.

IDEM. (No, 3.) For that he &c. (as in No. 1 to *),

WITH INTENT unlawfully did make an assault upon CD. with
TO COMMIT intent her the said C D. there violently and
BAPE, &c against her will feloniously to ravish and car-
nally know, contrary to law.

COMMON (No. 4.) For that he, &c. (as in No. 1 to *)

ASSAULT AND unlawfully did assault, beat, wound and illtreat

BATTEBT. D.D. (and if so) and thereby then occasioned

unto the said D.D. great actual bodily harm,

contrary to law.

X If the accused is not in custody and a warrant or summons
k required, use Form A. page 16.



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(No. 5.) For that he &c. (as in No. 1 to *) indecent
unlawfully and indecently did assault and assault.
ill treat a certain female, named CD. contrary
to law.

(No. 6.) For that he &c. (as in No. 1 to *) setting fire
unlawfully, maliciously, and f elonipusly did set to dwelling
fire to a certain * dwelling house of CD. there house.
situate, one E.F. being then therein, contrary
to law.

(No. 7.) For that he &c. (as in No. 6 to the *) Idem.

house, or stable, or shop, or warehouse, or house,
building, &c., &c., &c. there situate, in the stable, &c.
possession of the said A.B. with intent thereby
then to injure the said A.B. (or, to defraud

the Insurance Company),

contrary to law.

(No. 8.) For that he &c. (as in No. 6 to *) Idem.

crop of sugar canes (or corn, or cultivated crops op

vegetable produce, to wit) the property of cane, &c.

CD. there standing and growing (or cut

down), contrary to law.

(No. 9.) For that he &c. (as in No. 1 to *) burglaky

about the hour of in the night with intent.

feloniously and burglariously did break and
enter the dwelling house of CD. there situate *
with intent therein feloniously and burglari-
ously to steal his goods and chattels, contrary
to law.

(No. 10.) For that he &c. (as in No. 9 to *) Idem.
and therein feloniously and burglariously did stealing

steal one his goods therein.

and chattels (or the property of one CD.)

contraiy to law.

(No. II). For that he &c. (as in No. 1 to *) carnally

feloniously did unlawfully and carnally know knowing

and abuse a certain girl named CD. then being girls

under the age of twelve years, to wit, of the under 12.

age of years, contrary to the law.



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CHABQES.



13



Idem. (No, 12.) For that he &c. (as in No. 1 to ♦)

ABOVE 12 unlawfully and carnally did know and abuse a

AND certain girl named O.B. then being above the

UNDEB 13. age of twelve years and under the age of

thirteen years, to wit, of the age of twelve

years and months, contrary to law.

STEALING (No, 13.) For that he &o. (as in No. 1 to *)
CATTLE. feloniously did steal one cow (or horse, (tr bull)

of the value of dollars, the goods and

chattels of CD. contrary to law.

Idem. (No. 14.) For that he &c. (as in No. 1 to ♦)
KILLING WITH feloniously did wilfully kill a certain animal

INTENT TO to wit, a the goods and

STEAL. chattels of CD. with intent then feloniously to

steal the carcase (or skin) of the said

so killed, contrary to law.

Idem. (No, 15.) For that he &c. (as in No. 1 to *)

UALiciousLT feloniously did unlawfully and maliciously kill

KILLING (or maim, or wound) certain cattle, to wit, a

the property of CD.

contrary to law.

UTTBBiNG (No. 16.) For that he &c. (as in No. 1 to *)
COUNTEBPEiT unlawftdly and knowingly did tender (or utter,
COIN. or put off) one piece of false and counterfeit

coin resembling (or apparently intended to
resemble, or pass for) certain of the Queen's
current gold (or silver) coin, called a sovereign
(or shilling) contrary to law.

FOBGiNO A (No. 17.) For that he &c. (as in No. 1 to ♦)
WILL. feloniously with intent to defraud, did forge

(or alter, or offer, or utter, or dispose of, or put
off knowing the same to bo forged or altered) a
certain will and testament purporting to be the
will of C.D.f contrary to law.



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H CHAROB8.

{No, 18.) For that he &c. (as in No. I to *) house

feloniously did break an I enter the dxrelling- breaking.
house or shop (or warehouse, or rum store) of
CD. there situate, '*' and therein feloniously

did steal the property of

(or the goods and

chattels of) the said CD. contrary to law.

(No, 19.) For that he &c. (as in No. 8 to *) Idem
with intent to commit felony therein, to wit, with intent.
feloniously to steal divers goods and chattels,
(or certain rum), contrary to law.

(No. 20.) For that he &c. (as in No. 1 to *) larceny.
feloniously did steal * certain money to the

amount of dollars, the moneys (or one

watch, or one pair of bangles the goods and
chattels) of CD. contrary to law.

(No, 21.) For that he &c. as in No. 20 to the
*) from the person of one CD. (or a certain
man, woman, or child, whose name is unknown)

one watch and chain of the value of

dollars, his goods and chattels, contrary to law.

(No. 22.) For that he &c. (as in No. 1 to *)
being then armed with a certain offensive
weapon, to wit, a cutlass (or a stick), feloniously
did rob one CD. and steal from his person one

watch and chain, value his goods and

chattels, contrary to law.

(No. 23.) For that he Ac. (as in No. 1 to *)
feloniously, wilfully, and of his malice afore-
thought, did kill and murder one CD., contrary
to law.



Idem.

FROM THE

person.



Idem.

BEING
ARMED.



(No. 24.) For that he, &c. (as in No. 1 to ♦) man-

f eloniously did kill and slay one CD. , contrary slaughter.
to law.



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CHARGES. 15

RECEiYiNO (No, 25.) For that he &c. (&b in No. 1 to the
STOLEN *) feloniously did receive of one A.B. {or of a

PROPERTY, certain evil disposed person) one watch and

chain of the valne of dollars, the

goods and chattels of CD. which had then
lately before been feloniously stolen from the
dwelling-house (or person) of CD., he, the said
A. 6. then well knowing the same to have been
so feloniously stolen, contrary to law.

RIOTOUS (No. 26.) For that he Ac. (as in No. 1 to the
ASSEMBLY. *) together vith divers other persons, to the

number of and more, unlawfully and

riotously did assemble to disturb the public
peace, and then did make a great riot and dis-
turbance, to the terror and alarm of Her
Majesty's subjects there, being contrary to law.

RAPE. (No. 27.) For that he &c. (as in No. 1 to the
*), feloniously and violently did assault CD.
and then violently and against her will felon-
iously did ravish and carnally know the said
CD., contrary to law.

SUICIDE. (No. 28.) For that he &c. (as in No. 1 to the
*) unlawfully did take a certain quantity of a
certain deadly poison (or destructive thing

called )with intent thereby then

feloniously, wilfully and of his malice afore-
thought, to kill and murder himself, contrary
to law.

SODOMY. (No. 29). For that he &c. (as in No. 1 to the
*) feloniously, wickedly, and against the
order of nature, did carnally know a certain
cow (or ass, or sow), and then with the said
cow feloniously did commit and perpetrate the
abominable crime of buggery, contrary to law.



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IG CHAKGES.

[Form A.J

(To be nsed for an indictable offence when a warrant
or summons is required.)

Information upon oath.
Bkitish Guiana.

District.



The information oi A, B.^oi

who saith on his oath (1)

that (2) .(3).



Taken before me this day of

1 , at in the said District.



(Signed)



(I.) Or, Affirmation,

(2.) State concisely the substance of the infoimation.

(3.) Add, for the arrest of a witness, — And he further saith

that E, F.yof can give material evidence,

but i» not likely to attend voluntarily (or, and wilfully avoida
personal service of the summons).



I



Magistrate District.




The Investigation of Crime



1. The investigation of crimes must, to a great extent,
be left to the discretion of the officer in charge of each
particular case, and the success of the inquiry will depend on
his ability and experience.

2. In all serious cases of outrage the constable should at
once notify his superior officer, and then proceed to the
scene to make immediate inquiry. Imformation of the crime
must be circulated as quickly as possible, and every endeavour
made to cut oflF the escape of the perpetrators.

3. In case of murder the police should take possession
of the dead body. The position in which it is found must be
carefully noted, but the body must not be moved, unless
absolutely necessary, until it has been seen by some superior
officer. Any natural or other marks on the body may be
noted, and the teeth and hands of the deceased should be
carefully examined, to see if he has grasped any skin, hair,
&c. of his assailant. If the deceased is not known, a most
careful description of every minute detail of the body must be
taken. Notes also must be taken in regard to the clothing,
the position of the wounds, and how and with what instrument
they were probably inflicted. Careful search must be made
for the weapon, blood stains, or anything that would assist in
tracing guilt. The motive for the crime should be enquired
into and if possible ascertained ; and whether anyone had an
ill! eeling towards deceased, or was interested in his death.

4. If any person is suspected on good grounds, he should
be arrested. Upon the arrest of accused, his person and
clothing must be carefully searched, and his body examined
for marks or wounds caused by any struggle. His clothes
should be carefully examined for bloodmarks, &c. which if

B



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18 CRIMINAL CODE AND

found must be carefully kept dry and labelled and put aside
for examination by the chemist. The accused's house and
effects should be searched for stained clothing <&c.

5. If the case be one of poisoning, search should be made
for bottles, powders, seeds &c. , and all evacuations by vomit
&c. of deceased, must be taken possession of and preserved in
clean sealed vessels for analysis.

6. In cases of murder the greatest attention should be
paid to details, and the most careful memoranda made.

7. Particular attention must be paid to parties charged
with felony, to see that they do not drop, destroy or otherwise
hide or secrete the property or any part of it, on their way to
the station

8. As previously stated, a Constable must be guided in
the investigation of crimes by circumstances. It is better
that ten guHty persons should escape, than one innocent person
should be punished. This should always be remembered.

9. Should a person injured appear to be dangerously
wounded or otherwise, he should be called upon to make a
declaration before persons of respectability, (if no J,P. cam be
got immediately and the person is d/yvng') and such declaration


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