Claude Francis.

Criminal Code and Constabulary Manual for British Guiana online

. (page 10 of 22)
Online LibraryClaude FrancisCriminal Code and Constabulary Manual for British Guiana → online text (page 10 of 22)
Font size
QR-code for this ebook

changes in points of detail.

24. '*Raw Gold" includes any substance or thing con-
taining raw gold or of which raw gold forms a part. Ord. 3,
1887, sec. 2.

25. *• Officer" includes every J.P., C.T., Cus. Officer,
OfF. Govert. Land Depart., Pol. and R. Con., and Gold and other
Pub. Off. appointed for mining ord. purposes. Ibid.

26. "Gold District" means any portion of the Colony
declared by publication in Official Gazette to be a gold district.

27. " Vessel " means any kind of navigable craft, in what-
ever way propelled, and includes any boat, punt, bateau, buck-
shell, corial, or other similar craft.


It is the duty of the Court to provide interpreters, and
" witnesses, if desiring it, must be examined in their own
" language, through interpreters." (" Gomes v. Bruce"
2 R. a 78.)


The Police should always treat the Judges and Magis-
trates with the utmost deference and respect, and any remarks
which fall from the bench, on the action of tho Police, should
be carefully noted, and reported to the Insp. Genl.

Digitized by VjOOQIC



Any person who influences, or attempts to do so, by
threat, bribe, &c., any juror (whether sworn or not) in his
conduct as such ; and any juror accepting a bribe on account
of his conduct as a juror, is guilty of a misdemeanour.
Punishment, impr. 2 years. Ord. 18, 1898, sec, 343.


1. Every Justice of the Peace is ex officio a Coroner for
the Colony. Ord. 10, 1893. sec. 17.

2. Eveiy Justice of the Peace has power to presierve the
peace, to suppress riots and affrays, to disperse all disorderly
and tumultuous assemblages, and for any of these purposes to
call in the aid and assistance of all Her Majesty's liege subjects,
who shall severally be bound to obey all such lawful com-
mands. Ibid,, sec, 18.

3. Every Justice of the Peace has the same power as a
Magistrate to issue warrants for the apprehension and conomit-
ment for safe custody of persons charged with indictable
offences; to remand persons charged with offonces, whether
punishable on summary conviction or on indictment ; to issue
search warrants in respect of indictable offences; and to
administer oaths in cases allowed by law. Ibid,

4. Any Justice of the Peace in whose presence any
indictable offence or breach of the peace is committed may
either himself apprehend the offender, or verbally command
any other person so to do ; and such person may thereupon
follow the offender, and, if he flees, may carry into effect and
execute such command, whether in or out of the view of the
Justice by whom it was given. Ibid, sec, 19.

5. The jurisdiction of every Justice of the Peace extends
throughout the Colony. Ibid,, sec, 20.

Digitized by VjOOQIC


6. Justices of the Peace are specially protected from
vexatious actions for acts done by them in the execution of
duty, by Ord, 2, 1860. (See « Protection of Police:')

7. A list of all Justices of the Peace is published every
January in the Official Gazette. No person whose name does
not appear in such list, or in some additional list published
afterwards, is qualified to act as a J. P. Ord. 10, 1893, sec, 16.

f». As to power of J. P. issuing a warrant for arrest of
vagrants, roguos, etc., see *^ Incorrigible Rogues,^ para. 8.

9. As to taking ** Dying Declarations," see that title.

10. A J.P. should avoid issuing any warrant or other
process in a matter in which he is directly, or indirectly,


1. Justifiable homicide is the killing of a human creature,
without incurring any legal guilt. It is of various kinds, but
it will be sufficient to give the following few examples : —

(a) Where an Officer, or his assistant, in the due
execution of his office, either in a crinunal or civil
case, arrests, or attempts to arrest, a person who
resists, and who is killed in the struggle.

(6) In case of a riot or rebellious assembly, Oflicers
endeavouring to disperse the mob are justified in
killing them. See « Riots:'

(c) "Where prisoners in a gaol assault the gaoler, and
he in his defence kills any of them for the sake of
preventing an escape.

(d) Where an Officer, or his assistant, in the due
execution of duty, arrests, or attempts to arrest, a
person for felony, and he, having notice thereof, flees
and is killed by such Officer, or assistant, in pursuit.

(c) Where, upon such offence as last described, a private
person, in whose sight it has been committed, arrests,

Digitized by VjOOQIC


or attempts to arrest, the offender, and kills him in
resistance, or flight, under similar circumstances.

(J) Where committed for the prevention of any
forcible or atrocious crime, but not if the crime is
unaccompanied by force.


Great care must be taken not to attract attention when
keeping observation on suspected persons or premises. In the
day time it is best to keep at some distance from the person or
place being watched.


1. Every person who commits any nuisance in the
Lamaha Canal, or in any reservoir formed for the preservation
of the water thereof, either by bathing, or washing clothes, or
horses or cattle of any description therein, may be arrested by
any Constable, and is liable to a fine of ^4. Ord. 3 of 1890.
«cc. 34.

2. Every person who allows any dirty water or foul fluid
to flow into ; or throws any dirt, stones, broken bottles, night
soil, or filth of any description into ; or in any other manner or
with anything whatsoever injures, or contaminates, or corrupts
the purity of the water of the Canal, or any reservoir formed
for the preservation of the water thereof, may be arrested by
any Constable, and is liable to a fine of $24. Ibid, sec 35.

3. Every person who commits any wilful trespass on any
dam or watercourse belonging to the Canal or any reservoir
formed for the preservation of the water thereof ; or fishes in
the Canal or any reservoir for the water thereof ; or is found
without lawful authority in any house, benab, shed, or other
erection belonging to the Committee (Lamaha) may be
arrested by any Constable, and is liable to a fine of $10.
Ibid, sec, 36.


Digitized by VjOOQIC



1. *♦ Larceny ** is another term for theft. It is divided
into two kinds — simple larceny, or plain theft, when it is
unaccompanied with any aggravating circumstances ; and
mixed, or compound larceny, when accompanied by circum-
stances which are considered as aggravating the offence, such
as robbery with violence, etc. Simple larceny is, " the felonious
taking and carrying away of the personal goods of another. "

hi larceny there must be : (a) a taking against the will of
the owner ; for whenever the owner is induced willingly to
part with his goods (as where they are delivered upon trust)
there is no larceny ; (o) There must not only be a taking, but
a carrying away, to constitute larceny. A bare removal from
the place in which he found the goods, though he does not
make off with them, is a sufficient asportation or carrying away
Thus, where a thief, intending to steal sugar, takes it out of
the barrel in which it was, and lays it on the counter, but is
surprised before he can make off with it, this is larceny;
so, the removal of a bottle of rum or beer, from a shelf of a
shop to the counter with intent to carry it away, is larceny ; (c)
The taking away must be felonious. The ordinary discovery
of a felonious intent is where the party does it clandestinely,
or, being charged with the fact, denies it, but there are
numerous other circumstances that may be taken as evidence
of a felonious intent ; (d) The felonious taking and carrying
away must be of the personal goods of another, for if they are
things real (i.e. things substantial and immovable as land, &c.)
larceny at common law cannot be committed of them. A corpse
is not the subject of property, therefore larceny cannot be
committed of it, nor is the taking of uncultivated grass larceny.

2. A " taking " may be actual or constructive. If the
taking is by force, it is actual ; but where possession is got by
some trick or artifice, it is constructive.

3. Possession of stolen property recently after its loss, if
unexplained, is presumptive evidence that the person in
possession of it, stole it.

4. When ready money is to be paid for goods, the parting
of the possession of the goods on the supposition that the
money will be forthwith paid, does not divest the property out

Digitized by VjOOQIC


of the prosecutor (owner), and if the goods are taken animo
furandi the offence is larceny. {(^Stone's Justices' Manual,
p. 302, 24M £d.)

6. Simple larceny, or larceny by a bailee, where the value
of the property stolen does not exceed ^26, is punishable
sommarily by a fine of $150, or impr. for six months. Ord. 17,
1893, sees, 71-72 ; or if the accused is indicted for the felony
of stealing property of, under, or above the value of $25, the
punishment on conviction is P. S. for 3 years. Ord, 18, 1893.
sees, 173-174.


Leading questions are those which suggest the answer-
required, and if they are objected to by. the adverse party,
they cannot be asked either in an examination-in- chief, or a
re-examination, except with the Court's permission. Such
questions, however, may be asked in cross-examination. See
^^Examination of Witnesses" and ** Evidence,"


1. The Police are to report any lees found flowing into
any Canal, trench or drain on any plantation if the same causes
a nuisance, or is injurious to health. Prosecution under Ord,
1 of 1870, sec, 2,

2. " Lees " is defined in the Ord. to be ** Refuse matter
from Distilleries."

3. The owner of any plantation causing or suffering to be
brought, or to flow into any canal, trench or drain, or into any
pond, reservoir, on or in the vicinity of such plantation, any
refuse matter, lees or other impurity produced in the distillation
of rum, whereby the water in any such canal, d;c., becomes so
foul as to be a nuisance or injurious to health, is liable to a
fine of $200 and $25 a day for as long as the nuisance remains
after conviction. Ibid,, sees. 3 and 4.

Digitized by VjOOQIC


4. The Insp. Genl., or any Insp. of Police, may prosecute
for this offence. Ibid. sec. 6. But no prosecution may be
commenced without the written authority of the Att. Gen.


1. The Police may sunmion any leper found wandering
about, begging, or collecting alms, or seeking precarious
support, or wilfully or intentionally eiposing his leprosy in any
public road, street or place ; or a J.P. if he thinks necessary,
may issue a warrant of aiTest, under Ord. 5 o/1870, sec. 7.

2. The PoUce should never miss an opportunity of putting
their powers into force in this matter.

3. Persons employing lepers in the preparation or sale of
human food are liable to a penalty of ^96, or three months
imprisonment. Ibid., sec. 12.

4. Any criminal leper who escapes out of the Leper
Asylum may be re-arrested and conveyed back by the Police.
Old. 7 of IS92, sec. 82.

NoTB. — As to certificate to accompany leper to hospital or
Asylum, vide G.O. 16 of 1874,


1. A libel is a malicious defamation, expressed in printing
or writing, or by signs, pictures, &c., tending to injure the
reputation of another, and thereby exposing such person to
public hatred, contempt, or ridicule. The libel must be
published, without justification or lawful excuse. This may
be done in various ways, ex, gr,^ by reading it aloud before
others, by selling, or distributing it gratis, by sending it by
post or otherwise to any third person.

2. Where the words relied on as libellous are not so in
their primary meaning, the onus will lie upon the prosecutor
to prove clearly by evidence their secondary and defamatory

3. Good defences are : —

(a) A bona fids belief in the truth of the matter
published, and the existence of a legal, moral, or
social duty to publish it.

dby VJ'



(6) That the matter is only a fair criticism upon those
who submit themselves, and their work, to public

(c) That it is a report of proceedings in a Court of
Justice, &c.

4. Publishing a defamatory libel is a misdemeanour,
punishment by fine, or impr. for one year, without hard labour,
or both ; if the libel is known to be false before publication,
fine and impr. for two years, or both. Ord, 18, 1893, sees,

5. Publishing a seditious libel is punishable by fine, or
imprisonment for 2 years or both. Ibid,, sec. 333.

6. Publishing a blasphemous libel is punishable by impr.
for one year. Ibid., sec. 353.

7. Publishing an obscene libel is punishable by impr. for
two years. Ihid.y sec, 356.


1. Any person other than an inmate, servant or lodger,
who is found in or upon any licensed (any manner of license)
premises within any time during which business cannot there-
in be lawfully transacted, to wit, on a Sunday, may be sum-
moned by the Polices or if his right name cannot begot, he may
be arrested without warrant under Ord. 2, 1861, sec. 36. Fine

2. Any such person refusing to give name or giving
wrong name will be guilty of separate offence. Ihtd,

3. The Police may, when, and as often as they shall
think fit, enter any Licensed Retail Spirit Shop, and into or
upon the premises belonging thereto or used therewith ; and,
any person refusing admittance as aforesaid, or molesting any
Policemen whilst in such premises, may be summoned, under
Ord. 8, 1868, sec 56. Fme $50.

4. Under "The Bitters and Cordials," Ord. 1, of 1890,
see. 20, any officer of the Commissary's Department, if refused
admittance into any licensed premises, may break open by force
any of the doors, or windows, walls, palings or fences of such
premises, in presence^ a Constable.

(See " Drunken Persons.**)



(See " Excite, Spirits" " Licensed Premises," " Jietail
Spirit Shops," "Ram," "Revenue Cases.")


Linen left to dry in exposed places is very often stolen,
and persons so exposing it should be warned.


1. Every person who publicly or privately exercises,
keeps open, shows, or exposes to be played, drawn, or thrown
at or in, either by dice, tickets, cards, or balls, or in any way
whatsoever, any game or lottery, is liable to a fine of $500.
Ord. 17, 1893, «ec. 177.

2. For making, printing, advertising or publishing any
proposals for a lottery ; or for keeping an office or other place
for a lottery, the fine is $500. Ibid, sees, 178.179.

3. For arranging to pay money on any event relating to a
lottery, ftlOO. Ibid sec, 180.

4. Every person who plays, or takes part in any lottery,
fine ftlOO. Ibid sec, 181.

5. All property set up for sale by lottery shall be for-
feited, [hid, sec. 182.

6. No prosecution relating to lotteries may be com*-
menced without consent of Attorney-General.


1. An person supposed to be insane may be examined by
any G.M.O., and if the person so examined be found insane
such G.M.O. may give a certificate for the admission of such
person (if in G.T. or Ess.) into the Colonial hospital or (if in
Berbice) Lxmatic Asylum. G.M.O. to give such certificate
without charge. Ord, 1, of 1867, sees, 10-14.

dby VJ'



2. All officers of Police are to give proper assistance in
the conveyance of insane persons to hospital or asylum. Ibid,
sec, 16.

5. The Police may arrest any person discovered undei*
circumstances that denote derangement of mind, and a purpose
of committing some crime or offence, and convey him before
some S. J.P.

4. The Police may re-arrest any Criminal lunatic who
escapes from the Lunatic Asylum and convey him back to such
asylum. Ord. 7, of 1892, sec. 82.

5. Where any Constable has a knowledge of any lunatic
being under improper care, or cruelly treated or neglected by
relations or others, he should at once give notice to the Insp.

Note. As to printed Cei-tificate to accompany a Lunatic to
HospitaL vide G.0. 16, of 1874.
(^See '' Punishment.")


1. No fixed rules can be laid down for making enquiries,
as the method adopted depends entirely on the nature of the
enquiry to be made. There are two classes of enquiries. Ist.
Where there need be no secrecy. 2nd. Where secrecy is

2. In the first case it is best to state at once your object
to the person questioned, who will generally do all in his
power to assist the Police ; but in the second case, gre&t
tiaution must be exercised as to language used, action taken
and demeanour shown

3. All enquiries should be thoroughly and completely
made. It is far better that there should be too much detail
than too little. Inexperienced officers, from being too eager to
finish an enquiry, often neglect points which might prove of
groat value in the after proceedings of a case.


1. <* Malice" in common acceptation, means ill-will
against a person, but in its legal sense it means a wrongful act.


done intentionally, without just cause or excuse. Malice is
either ** express" or ** implied.'*

2. Express malice, is where one person kills another with
a deliberate mind and formed design. Implied malice, is,
malice inferred or presumed by law from any deliberately cruel
act committed by- one person against another.


The Police are ordered to remove Mango, Banana or
Orange skins from the pavements in George Town, or New
Amsterdam ; also any other substance likely to cause persons
to slip down.


1. ** Manslaughter " is the unlawful killing of another,
without malice, express or implied.

2. Every person who commits manslaughter is guilty of
felony, and liable to P.S. for life. Ord, 18, 1893, sec, 95.

See " Murder,'' and « Homicide^


1. ** Market Overt ** means an open market.

2. A person cannot be proceeded against for buying
stolen goods in market overt, so long as the sale is made in a
place open to all comers, without any concealment, and is per-
fectly honest and straightforward, and actual value is paid for
the things bought.


1. In criminal cases, accuracy is of such importance, that
the Police should not trust too much to memory, ^ Particulars
of enquiries, &c., made should be at once entered in the pocket
book, as also must any statement made by a prisoner in relation
to the charge against him


dby VJ'


2. While under examination, a witness may refresh his
memory from notes made by himself at the time of an occur-
rence, or immediately afterwards ; or from notes made by any
other person, and read by the witness at the time ; but the
opposite party must be shown such notes if he requests, and
they form a basis for cross-examination.

8. An expert witness may refresh his memory by re-
ference to professional treatises^


1. When a soldier is in custody on a charge of felony, he
is to be treated^ in the same way as other persons.

2. When 'a soldier is found drunk and disorderly or in-
capable of taking care of himself in the street, he is to be taken
to the nearest station and notice of the fact is to be sent to the
garrison from whence an escort will be sent to convey him

3. Police are not to converse with soldiers on sentry,
unless their duty makes it necessary.

4. The Police should always maintain friendly feelings
towards the military stationed amongst them whether regulars,
militia or volunteers, also with the sailors of the Royal Navy.

Note. — As to arrest of a soldier and deserters. Vide G, 0,
27 0/1874 and 21 o/1883.


Every person who does any of the following acts is
liable to a penalty of 826. Ord, 17, 1893, sec. 166.

Constables have power to arrest, without warrant, for
any of these offences committed in their view, but whenever
the offender's name is known it will be better to summons.
As to care of vehicle when person in charge thereof is
arrested, see ** Carts" paras. 1 2 and 13.

♦ For definition of Town, see " Interpretation of Terms
and Expressions.*'

Digitized by VjOOQIC


(1) During the night, wilfully and without
lawful excuse, disturbs any inhabitant by pull-
ing or ringing any door-bell, or by knocking at
any door, or rolls any hogshead, pancheon,
cask, barrel, tub, hoop, or other thing, or drags,
pulls, pushes, or otherwise moves any heavy
substance or thing, by which any noise is
-wantonly made, to the annoyance or disturb-

' ance of any inhabitant of any town or any
passenger or neighbom* ; or

(2) Except when acting in obedience to
lawful authority, discharges any cannon, or
other fire-arm of greater calibre than a common
fowling-piece, within three hundred yards of
any dwelling house, to the annoyance or dis-
turbance of any inhabitant thereof, after having
been warned of the annoyance or disturbance
by any inhabitant of such dwelling-house ; or

(8) Discharges any gun, pistol, or other
fire-arm on any public way or public place, or
within one hundred yards thereof, except on
some lawful and necessary occasion ; or

(4) In any town, offers or exposes for
show, hire, or sale, any cattle, except in a
market or market-place or other convenient
place lawfully appointed for that purpose ; or,
in any public way or public place, to the
annoyance of any person, feeds, fodders, farries,
shoes, or bleeds any cattle, except in case of
accident; or

(6) Grooms, washes, trains, or breaks
any horse, mule, or ass, or other animal, or
cleans or washes any vehicle, on any public
way or public place in any town ; or

(6) Places or leaves any goods, wares,
or merchandise, or any hogshead, cask, pun-
cheon, barrel, basket, tub, pail, or bucket, or
places or uses any standing- place, stool, bench,
stall, or show-board, on any public way in any
town, or places any blind, shade, covering,


inhabitant of
Town during
the night.

cannon within
300 yards of

Discharging ^
fire-arm within
zoo yards of
public way.

Exposinff for
sale cattle in
improper place
in Town, etc.

Grooming horse,
etc., on public
way in Town.

Placing Goods
on public way in


Placing goods
over public way
in Town.

Rolling hogs-
head, etc., on
footway in Town.

Placing line over
public way, etc.

Throwbg coals,
etc., in public

Beating mat^ in

?ublic way in


awning, or other projection over or along any such
way, unless such blind, shade, covering, awning,
or other projection is six feet six inches in height
at least in every part thereof from the ground ; or

(7) Places, hangs up, or otherwise
exposes in any town any goods, wares, or mer-
chandise, or other thing whatsoever, so that
the same project or projects into or over any
public way or beyond the line of any house,
shop, or building at which the same is or are
so exposed, so as to obstruct or incommode
the passage of any person over or along any
public way ; or

(8) Rolls or carries any hogshead, pun-
cheon, cask, barrel, tub, hoop, or wheel, or any
ladder, plank, pole, timber, board, or placard,
on any footway in any town, except in loading
or unloading any cart, carriage, or other
vehicle, or in crossing the footway ; or

(0) Places any line, cord, or pole across
any public way, or hangs or places any clothes
or fish seine on any line, cord, or pole pro-
jecting over any part of any public way or
public place ; or lays or places any clothes on any
public way or public place or public parapet ; or

(10) In any public way or public place,
or in any public canal, throws or lays any coals,
stones, slates, shells, lime, bricks, timber, iron,
firewood, or other materials, except building
materials or rubbish occasioned by building,
which shall be placed or enclosed so as to pre-
vent any mischief happening to any inhabitant
or passenger, and except materials for the
repair of public roads and for other public
purposes, when placed there by the proper
authority; or

(11) In any public way or public place
in any town, beats or shakes any mat between
seven o'clock in the morning and six o'clock in
the afternoon ; or


(12) WMle riding any horse or other

1 2 3 4 5 6 7 8 10 12 13 14 15 16 17 18 19 20 21 22

Online LibraryClaude FrancisCriminal Code and Constabulary Manual for British Guiana → online text (page 10 of 22)