Claude Francis.

Criminal Code and Constabulary Manual for British Guiana online

. (page 11 of 22)
Online LibraryClaude FrancisCriminal Code and Constabulary Manual for British Guiana → online text (page 11 of 22)
Font size
QR-code for this ebook


animal, or driving any cart, carriage, or other
vehicle, including any bicycle or other like
vehicle, in any public way or public place,
rides or drives the same furiously, so as to
endanger the safety of any passenger or to the
common danger of passengers ; or

(18) Passes or turns any such horse or
other animal, or such cart, carriage, or other
vehicle, round the angle of any public way, or
crosses any public way, at a rapid or dangerous
pace; or

(14) Being in charge of any cattle, drives
or suffers the same to be driven on and along
any public way in such numbers or in such
manner as to endanger the safety of any
passenger, or otherwise misbehaves himself in
the care, driving, or management of such
cattle; or

(16) Drives or leads any cattle in any
public way, without proper and sufficient
assistants; or

(16) Carries in any vehicle having only
two wheels, or, being the owner of any such
vehicle, suffers to be carried in such vehicle,
on any public way any article or thing
which projects beyond the head of the animal
drawing the same, or, if there are more animals
than one, beyond the head of the animal
nearest to' the vehicle, or which projects more
than four feet beyond the hinder part of such
vehicle; or

(17) Carries in any vehicle, or, being the
owner of any vehicle, suffers to be carried in
such vehicle, on any public way any article or
thing which projects more than thirty inches
beyond the plane of the wheels of such vehicle ; or

(18^ Hauls or draws on any public way
any timber, stone, or other thing otherwise
than upon a vehicle with wheels, or suffers any



135



Furious riding
and driving.



Fast riding or
driving round
comers, etc.



Driving cattle in
dangerous man-
ner in public
way.



Driving cattle
without proper



Carrying thing in

two-wheeled

vehicle.



Carrying thing in
vehicle generally.



Hauling timber,
etc., on public



Digitized by VjOOQIC



186



Careless driving
of cart or car-
riage.



Rule of the road



Obstruction of
public way



Riding on foot-
path, etc.,



CSIMINAL CODE AND

timber, stone, or other thing which is being
carried principally or in part upon a vehicle
with wheels, to drag or trail npon any public
way ; or

(19) Having the care of any cart, carriage,
or other vehicle, rides on any part thereof, or
on the shafts, or on any animal drawing the
same, without having and holding the reins ; or
is at such distance from such cart, carriage, or
vehicle as not to have the complete control over
every animal drawing the same ; or

(20) While driving any cart, carriage, or
other vehicle, or riding or leading any horse or
other animal, on any public way, does not, in
meeting any other cart, caniage, or othey
vehicle, or any other horse or other animal,
keep his own vehicle or animal to the left or
near side; or does not, in passing any other
cart, carriage, or other vehicle, or any other
horse or other animal, keep his own vehicle or
animal on the right or off side; or does not,
when being passed or about to be passed by
any other cart, carriage, or other vehicle, or by
any other horse or other animal, keep his own
vehicle' or animal on the left or near side;
except m case of actual necessity or other suffi-
cient reason for deviation ; or

(21) By obstructing any public way,
wilfmly prevents any person, cart, carriage, or
other vehicle, or any horse or other animal,
from passing him or any cart, carriage, or
other vehicle, or any horse or other animal,
under his care ; or

(22) Leads or rides any horse or other
animal, or draws or drives any cart, carriage,
or other vehicle, along any footpath or kerb-
stone, or fastens any horse or other animal in
such manner that it can or does stand across or
npon any footway ; or



Digitized by VjOOQIC



CONSTABULABT MANUAL.

(23) Canses any cart, carriage, or other
yehide, whether with or without any animal
attached to the same, to stand longer in any
public way than may be neceflsary for loading
or unloading, or getting into or alighting from,
the same, or, by means of any cart, carriage, or
other vehicle, or any horse or other animal,
wilfully obstructs or causes any obstruction in
any public way ; or

(24) Being the driver or having the
charge of any public vehicle, allows such
vehicle to remain or stand, for the purpose of
hire, at any place in any town other than such
place as may from time to time be lawfully
appointed for that purpose ; or

(26) Being the driver or having the
charge of any cart, carriage, or other vehicle,
leaves the same unattended in any public way
or public place ; or

(26) In any public way or public place,
wilfully or wantonly shouts or vociferates, or
blows any horn or shell, or beats any drum or
other instiniment, to the annoyance, disturb-
ance, or danger of any inhabitant or passenger,
or sounds or plays upon any musical instru-
ment, or sings, quarrels, or makes any other
loud or unseemly noise, near to any house after
having been required to depart ; or

(27) On or near to any public way or
public place, throws or discharges any stone
or other missile, to the annoyance, damage, or
danger of any person ; or

(28) Throws or discharges any stone or
other missile at any engine, carriage, or other
vehicle on any railway ; or

(29) In any public way in any town, flies
any kite or plays at any game ; or

^dO) Suffers to be at large unmuzzled any
ferocious dog, or sets on or ui'ges any dog or



187

Causing obstruc*
tion in public
way with cart,
etc.



Allowing public
vehicle to stand
in Improper place
in Town.



Leaving vehicle
unattended in
public way.



Shouting or
blowingnom,
etc., in public
way.



Wantonly throw-
ing stones, etc.



Throwing stone
at engine, etc.



Flying kite, etc.,
in Town

SufTering fero-
cious dog to be at
large, etc.



Digitized by VjOOQIC



138



Suflfering rabid
dog to be at
large.

SufTering dog,
etc., to be at
large after
notice.



Making fire in
Town elsewhere
than in kitchen.



Lighting or
carrying fire in
Town.



Making bonfire,
ttc, in Town.



Extinguishing
street lamp.

Cleansing cask,
etc., in public
way.



CRIMINAL CODB AND

other animal to attack, worry, or put in fear
any person or cattle ; or

(31) Being the owner or having the
charge of any dog, knowingly suffers the same
to be at large in a rabid state ; or

(32) After public notice given by any
Magistrate or other person having authority in
that behalf, directing dogs or other animals to
be confined on account of suspicion of madness,
suffers any dog or other animal specified in
such notice belonging to him or under his
charge to be at large in contravention of such
notice; or

(33) In any part of any town or any place
immediately adjacent thereto, makes any fire
in the yard or other part of any house or
premises, except the kitchen, whereby such
town, or any house or other building, shed, or
outhouse in the same or in the immediate
vicinity thereof or adjacent thereto, may be
endangered; or

(34) Without the permission in writing
in that behalf of any Officer of Police, in any
public way or public place in any town, lights
any fire, or carries any lighted torch, candle, or
other lighted thing, or any fire, through the
same, unless secured in a lantern or some other
safe thing in which it may be conveyed ; or

(35) In any public way or public place in
any town, makes any bonfire, or places or
throws any explosive substance, whether the
same explodes or not, or sets fire to any fire-
work, or throws any lighted firework ; or

(36) Wantonly extinguishes the light of
any street lamp or burner ; or

(37) In any public way or public place,
cleanses, fires, washes, or scalds any cask or
tub, or hews, saws, bores, or cuts any timber
or stone, or slacks, sifts, or screens any lime ;



Digitized by VjOOQIC



CON8TABULABY MANUAL.

(38) Throws or lays any dirt, litter,
ashes, or night soil, or any carrion, fish, offal,
mbbish, or other matter or thing, on any public
way or public place ; or causes or permits any
offensive matter to run from any slaughter-
house, butcher's shop, stall, kitchen, or dunghill
into any public way or public place ; or, in any
town, deposits in any place whatever any offen-
sive matter or thing, to the injury or annoy-
ance of any inhabitant or passenger in such
town ; or

(39) Throws, or, being the owner or
occupier of any house or other building in any
town, permits to be thrown, from any part of
such house or other building, any slate, brick,
rubbish, water, or other thing ; or

(40) In any town, fixes or places any
flower pot, or box, or other heavy article or
thing in any window or other place so that the
same overhangs any public way or public
place, without sufficiently securing the same
from falling ; or

(41) In any town, does not sufficiently
fence any pit or drain left open, or leaves any
such open pit or drain during the night without
a sufficient light to warn and prevent persons
from falling thereinto ; or

(42) Assembles with other persons in any
public way or public place, or in any open
space of ground in the immediate neighbour-
hood of such public way or public place, for
any idle, lewd, vicious or disorderly purpose,
or otherwise than in the regular performance
or in pursuance of some lawful calling or object,
to the annoyance or obstruction of any inhab-
itant or passenger, and does not disperse or
move away when thereunto required by any
Peace Officer ; or

(43) Loiters, carouses, or the like in or
about any shop, and does not quietly leave or



189



Throwing dirt,
etc., in public
way.



Thruwing slate,
from house in
Town.



Fixing thing in
window in
Town.



Leaving open pit
unfenceid.



Assembling in
public way for
idle, etc., pur-
poses, and not
dispersing when
required.



Loitering about
shop, etc.



Digitized by VjOOQIC



140



Wearing of
female attire
by man.

Wearing of male
attire by woman.

Behaving irreve-
rently near
church, etc.



Acting as com-
mon prostitute.

Posting bill on
building, etc.,
without c(Hisent
of owner.



CRIMINAL CODE AND

move away when thereunto required by any
Police or Rural Constable or by the owner of
such shop or his agent or servant ; or

(44) Being a man, in any public way or
public place, for any improper purpose, appears
in female attire ; or

(45) Being a woman, in any public way or
public place, for any improper purpose, appears
in male attire ; or

(46) Behaves irreverently or indecently
near to any church, chapel, or other building
appropriated for reiigious worship during
divine service, or behaves in-everently or inde-
cently in or near to any public burial-ground
during the burial of a body ; or

(47) Loiters about or importunes any
passenger for the purpose of prostitution; or

(48 J Without the consent of the owner or
occupier thereof, affixes any posting-bill or
other paper or thing against or upon any
building, wall, fence, pillar, post, or pale, or
writes upon, soils, defaces, or marks any such
building, wall, fence, pillar, post, or pale with
chalk or paint, or in any other way, or with any
other material.



MISCONDUCT OF POLICE.

The following are some of the offences which Constables
should guard against committing : Drunkenness ; Drinking on
Duty ; Taking Off the Duty Badge for an Improper Purpose ;
Insubordination; Disobedience of Orders; Disrespect; Un-
necessary Interference ; Unnecessary Violence to a Prisoner;
Incivility ; Using Improper Language ; Giving Information to
Persons outside the Force on any subject likely to interfere
with the due course of justice ; Improperly leaving a fixed
Point or Beat, or Inattention while on such Point or Beat ; Not
taking proper steps to Arrest an Off ender; Not Discovering Doors
and Windows Open at Night ; Talking and Gossiping while on





CONSTABULART MANUAL. 141

Duty ; Soliciting a Gratnity, or Accepting such without Leave;
Malingering ; Absence without Leave ; Quarrelling ; Unpunc-
tuality ; Slovenly in Dress or Appearence ; Taking an Improper
Charge ; Not Assisting Sick or Injured Persons in the Streets,
or on the Roads ; Getting into Debt.

MISDEMEANOURS.

1. * 'Misdemeanour" in Law, is a term applied to all crimes
and offences, whether of omission or commission, less than
felony ( Which see,) The old distinction between a felony and a
misdemeanour was, that conviction for felony involved a for-
feiture of property, a result not following a conviction for mis-
demeanour. Misdemeanours are of two kinds : either those
which exist at common law, or those created by Ordinance;
the former class includes whatever mischievously affects the
person or property of another, openly outrages decency, dis-
turbs public order, is injurious to the public morals, or a
corrupt breach of official duty. Misdemeanours created by
Ordinance are of two kinds : — viz. , those that consist in the
omission or commission of an act enjoined or forbidden by ord.,
but not specially made the subject of indictment, and hence
punishable at common Law.

2. The following is a list of the principal indictable mis-
demeanours, under Ord, 18, 1893. For details, see the respec-
tive headings.

(A) OFFENCES OF VARIOUS KINDS.
An attempt to commit any felony (which see) ; blasphemy
(injury offered to God) ; writing and publishing or printing
any blasphemous libel ; extortion ; bribery ; conspiracy ;
escape from custody ; or aiding or assisting, or voluntarily or
negligently, permitting any escape ; breaking out of prison ;
any rescue of, or attempt to rescue a person from prison (in
certain cases this is felony) ; keeping a common bawdy house
(brothel), or a common ill-governed or disorderly house ; wilful
and corrupt perjury [in some cases this is felony, see " Per-
jury "J ; subornation of perjury (getting a person to swear
falsely) ; affray ; false imprisonment ; sending any challenge to




dby VJ'



Hi



142 CRIMINAL CODB AND

fight a duel ; sedition, (offences against the Grown or Govern-
ment) ; writing or publishing any seditious libel, of any libel
reflecting on the administration of justice ; publishing any
obscene print, writing or picture ; wilfully and knowingly sell-
ing any unwholesome provisions ; committing or causing any
nuisance of a public nature

(B.) OFFENCES AGAINST THE PERSON.

Conspiring to murder ; inflicting bodily injury with or with-
out weapon ; administering poison with intent to injure ; ex-
posing children whereby life is endangered; setting spring
guns with intent to injure ; doing or omitting anything so as to
endanger passengers by railway ; injuring persons by furious
driving ; assault with intent to commit a felony, or on peace
officer with intent to resist arrest ; assault arising from a com-
bination ; assault occasioning bodily harm ; common assault ;
procuring the defilement of a girl under age ; carnally know-
ing a girl between 12 and 13 years ; attempts to commit the
last two offences ; abduction of a girl under 18 years of age ;
procuring drugs, &c, to cause abortion ; conceaUng the birth
of a child.

(C.) MALICIOUS INJURY TO PROPERTY.

Rioters injuring buildings, machinery, churches, &c. ;
ienants of houses, &c., maliciously injuring them; being three
times convicted of destroying trees wheresoever growing to tho
value of ^1 ; breaking down the dam of a fishery or poisoning
fish therein ; obstructing engines or carriages on the railway ;
injury to electric or telegraph poles or machinery ; injuries to
works of art in museums, churches, or public places : injuring
property of any kind, exceeding in value ^25.

(2>.) LARCENY AND EMBEZZLEMENT.

Being armed with intent to break into any building what-
soever, in the night; bankers, attorneys, agents, &c. fraudulently
converting property entrusted to them ; persons under powers
of attorney fraudulently selling property ; factors (agents) ob-
taining advances on the property of their principals, and clerks
wilfully aiding in the same ; trustees fraudulently disposing of




CONSTABULARY MANUAL. 143

property: obtainirg money, goods, &c. by false pretences ; in-
ducing persons by fraud to execute valuable securities;
receiving, where the principal offender has been guilty of a
misdemeanour.

(^.) COINING.

Exporting counterfeit gold and silver coins ; uttering
counterfeit gold or silver coin ; uttering, and having possession
of other coimtorfeit gold or silver coin ; uttering foreign
coin, medals, &c. with intent to defraud.

3. The following offences are likewise indictable mis-
demeanours, and in most cases details are given imder the
different titles: —

(a). Branding or marking Cattle* with intent to de-
fraud. Ord. 3, 1877, sec 8.

(b.) Officer of Post Office disclosing information re
contents of telegram. Ord. 21 , 1893, sec. 81

(c.) Forging, or uttering forged Certificate of Analysis,
Ord. 9, 1892, sec. 26.

(d.) Rescue, or attempt to, of convict on way to, or
while detained" in, any Asylum or Hospital. Chd. 7,
1892, sec. 83.

4. In a great many cases, the Police are justified in
arresting without a warrant for misdemeanours, but if possibloj
and unless they see the offence committed, it is always safer
and better for them to obtain a warrant. (See " Arrests.")

5. The Police may receive into custody a person arrested
without a warrant for committing a misdemeanour, provided
the offence was committed in the presence of the party giving
him in charge.

(" Roscoe's Ntst Prius Evidence p. 1091, vol. 2, 16th Ed.

MISPRISON OF TREASON AND
FELONY.

1. Every person who within this Colony (B.G.), knows of
any treason, and ^oes not forthwith make known the same to
the Governor or some Magistrate or J. P., is liable to P.S. for
5 years. Ord. 18, 1893, sec. 329. .

♦ See "Interpretation of Terms and Expressions.'*



1


^^^^^^M by ^^~^^^^^^H



144 CRIMINAL CODE AND

2. Every person who knows that any other person has
committed felony, and conceals, or procures the concealment
thereof, is gnilty of the misdemeanour called << Misprison of
Felony,"

MISSILES, THROWN.

1. As to throwing stones or other missiles in the streets,
Ac. See <* Minor Offences/*

MISTAKES.

A mistake may he rectified if taken in time, hut if allowed
to pass, it may hecome irreparahle, and perhaps culpahle. It
is always hotter for a Police Officer to report his error at once,
and not let it he discovered by others. Every one is liable to
make mistakes.

MONEY.

1. A Policeman is forbidden to borrow money from any
one below him in rank.

2. The Police should be most careful never to take money
from prisoners whom it is their duty to search, without count-
ing the same before a reliable witness. (See ^^ Prisoners.'^

MURDER.

1. Murder is the legal definition of the crime, when a
person of sound memory and discretion unlawfully, killeth any
reasonable creature in being, with malice aforethought, either
express or implied.

2. It can only be committed by a person of sound mind
and discretion, for lunatics and infants, unless they show a
consciousness of doing wrong, are incapable of committing any
crime. The unlawfulness arises from killing without any law-
ful warrant or excuse ; and the person killed must be a reason-
able being.



Digitized by VjOOQIC



'"■k



GONSTABULABT MANUAL. 145

3. The punishment for murder is death. Ord, 18, 1893,
sec 99.

4. Conspiracy or incitement to commit murder is felony
P.S. for 10 years. Ibid, sec. 101.

5. Attempting to commit murder in any way whatsoeyer,
or being an accessory after the fact to murder is felony. PS. for
life in either case. Ibid, sees, 102, 103—104.

6. Malice aforethought exists : —

(a.) Where there is an intention to cause the death of
some person, or to inflict grievous bodily harm.
\ Where the offender knows that his act will be
likely to cause death to some person, or inflict upon
him grievous bodily harm.

(c) Where there is an intention to commit some felony.

(d.) Where there is an intention to oppose by force
(L) any officer of justice from the execution of his
duty, of arresting, or keeping in custody any person
whom he is lawfully entitled to arrest or keep in
custody, or the duty of keeping the peace, or dispers-
ing an unlawful assembly ; or (II.) a private person
in the exercise of his legal right, to expel a trespasser
in his house, or on his land, or to arrest a person that
the law gives him power to arrest, provided that the
offender knows that the person he murderously
assaults is an officer or person so employed.

7. The notice may be given by the uniform, or known
official character of the person killed, or by the production of a
warrant, or by express words.

(See " Investigation oj Crime.")

NEATNESS.

Every Police Officer should make a point of studjring neat-
ness, as well in his own person and clothing, as in reports he
has to make, and books he has to keep.

NEWSPAPERS

The Police are not to give any information to persons
connected with the Press, either directly or indirectly relative
E




..J



146 CBIMIHAL CODE AND

"to their duties or orders. The slightest deviation from this rule
may seriously interfere "with the course of justice, and defeat
the endeavours of superior officers to advance the welfare of
the public service.

NOISY INSTRUMENTS.

Any person who, without permission of a Magistrate, or
Officer of Police, blows any horn or uses any noisy instrument,
for the purpose of calling persons together for any purpose
whatsoever, or to announce any show or entertainment, or col-
lect any money or things, is liable to a fine of ftlO. Ord, 17,
1898, «€C, 188.

NOTES

Notes made at the time of, or shortly after, an occurrence
or criminal inquiry, should be read over before going into
Court, as if they are looked at in the witness-box, the opposite
party may examine them and cross-examine upon their contents

NUISANCES

1 . Attention should be directed to places in the City and
elsewhere, to ascertain if the drainage is neglected, or if filth of
any description is collected or laid there. Reports on the
subject to be made to the Inspector General

2. Every person who commits any common nuisance to the
lives, health, or safety of the public, or any individual is guilty
of a misdemeanour. Impr. 2 years. 0»'d. 18, 1893, sec 361.
{See ''Minor Offences.'')

OATHS— NATURE OF.

1 . It is a Policeman's duty when called on by a Magistrate,
to give evidence for or against a fellow creature, whether it be
to clear the innocent or convict the guilty.



Digitized by VjOOQIC



CONSTABULARY MANUAL. 147

2. He is to speak the truth, the whole truth and nothing
but the truth. The oath he takes before giving evidence,
should compel him to do so. By kissing the Bible he shows
his willingness to do this.

3. He should state what he really saw, heard, or did in
the matter, keeping nothing back that he knows concerns the
question at issue.

4. Men are required to swear to the evidence they give in
a court of justice because it is thought right to remind them
thus solemnly that they are about to speak in the presence of
God, that they may be more cautious, lest their feelings lead
them to say that which is untrue or to keep back any part of
the truth.

5. A man really desirous of speaking only the plain truth,
will, when sworn, think well on each question before commen-
cing to answer it. If he do not clearly understand the question
put to him, he will say so at once, when the Judge or Magis-
trate will cause it to be explained to him. He should never
be in a hurry to answer, but take time to consider what is the
real truth in the matter required of him. When he feels he
has spoken the truth, he adheres to it, and should not easily
be induced, under cross-examination even, to go back from
what he has said.

6. Some men, it is known, do not sufficiently regard the
sanctity of an oath, and others, through malice, or for the
sake of gain, will purposely give false evidence ; or to gain
some end they have in view, they will withhold some part of
what they know. A person who wilfully says upon oath that
which is untrue, commits not only perjury, an offence against
the law, but he commits a sin against his fellow-creatures.
He either tries to protect the guilty from the punishment they
deserve, or allow the innocent to suffer wrongfully. See
<• Evidence,"*

OBEAH OR WITCHCRAFT.

1. Every person professing or pretending to use or
exercise, or attempting to intimidate any person by the threat
of having recourse to any kind of witchcraft, sorcery, enchant-


1 2 3 4 5 6 7 8 9 11 13 14 15 16 17 18 19 20 21 22

Online LibraryClaude FrancisCriminal Code and Constabulary Manual for British Guiana → online text (page 11 of 22)