Claude Francis.

Criminal Code and Constabulary Manual for British Guiana online

. (page 12 of 22)
Online LibraryClaude FrancisCriminal Code and Constabulary Manual for British Guiana → online text (page 12 of 22)
Font size
QR-code for this ebook


1



dby VJ'



148 OBIMINAL CODE AND

ment or conjuration, and every person pretending or professing
to tell fortunes, and every person using any subtle craft,
means or device by palmistry or otherwise to deceive and
impose upon any person, shall be deemed a rogue and vagabond.
Fine $50 or impr. 8 months ; and for a second offence shall be
deemed an incorrigible rogue, impr. 6 mouths and whipping or
flogging. Ord. 17, 1893, sees. 145 and 148.

2. The Police may seize all articles used or intended to
be used as in para. 1, and take the same before a S. J.P. Ibid,
sec, 147.

OBSCENE PRINTS, BOOKS, ETC.

1. The Police may arrest any person exhibiting any
obscene print, picture, book or other indecent thing in any
public place or thoroughfare or, who affixes to any building or
thing visible to the public, or throws into any house, yard, or
premises in any public way or place, or who gives to any
other person for the above purpose. Fine ^5 or impr. for one
month. Ord 17, 1893, sees. 163 and 164.

2. The publishing of an obscene print, writing, or
picture is a misdemeanour. Impr. 2 years. Ord. 18, 1893,
«ec. 356.

3. It is a misdemeanour to procure indecent prints with
intent to publish them, but to preserve and keep them in
possession without such intent, is not. "Fisher's Com. Law
Digest " p, 2116, vol, 2, 1884.

4. Police may on good grounds, obtain from any Magis-
trate a warrant to search any house, &c. for obscene books,
prints, pictures, &c., &q, Ord, 17, 1893, sec, 162.

OCCURENCES.

1. These, when of an unusual nature, are to be immedi-
ately reported at the nearest station for the information of the
Inspector General. They comprise. Murder, Manslaughter,
Fires, Riots, A£fray8, Serious Accidents, Extensive Robberies,
ftc, ftc.

2. Notes of the occurrences should be made in the pocket
book at the time they happen, for future reference.




CONBTJlBVLABT MANVAL. 149

OLD METALS— DEALERS IN.

(See end of" Prevention of Crime* Ordinance," Post.)
OPINIONS.

1. The opinions of witnesses are seldom received in eyi-
dence, because they can usually be combatted.

2. Police should never give an opinion to aggrieved
persons or others, as to the motive for committing, the manner
of commission, or the authors of a crime. They should listen
to other's opinions and then form their own conclusion.

OPIUM.

1. The possession of opium in any quantity exceeding
four ounces is unlawful except under the following circum-
stances: (a) When it is in the possession of a Wholesale
Dealer : (5) When it is in possession of a Retail Dealer : (c)
When it is in a Public hospital or dispensary, under Govern-
ment control; and (d) When it is being removed and
accompanied by permit. Ord. 3 of 1889, sec. 8.

2. Every person in unlawful possession of opium, and
every person who sells, barters, or deals in opium without a
license, or elsewhere than in the premises specified in his
license is liable to a fine of $200. Ibid.

8. Any retail dealer who sells, barters, delivers, or
exchanges to or with any one person at any one time or within
any period of seven days a greater quantity of opium than four
ounces is liable to a fine of ^00. Ibid sec. 15.

4. All opium delivered from the bonded warehouse must
be in four ounce packets, securely fastened by a label provided
by the Chief Commissary {^sec. 6.) And any retail dealer having
on his premises at any one time, more than four opened packets
is liable to a fine of $24 for every packet in excess of four so
found. Ihid. sec. 18.

5. Any wholesale or retail dealer who allows opium to be
consumed on his premises is liable to a fine of $10. ^0. Ihid.
sec. 19.




150 GBIMINAL CODB AND

6. A Police or rural Constable who has reasonable cause
to suspect that any person is unlawfully removing opium, may
stop and examine such person and any package under his
control ; and if any opium exceeding in quantity four ounces be
found, and it is ascertained that it is being removed unlawfully,
such officer may seize such opium, together with the package
containing the same, and any cart, vessel or conveyance and all
animals employed in removing it, and he may arrest the person
concerned in the removal, and every such person on conviction
is liable to a fine of $10 — $50. And all articles &c, seized
shall be forfeited. And any person driving, or in charge of a
cart, &c. failing to stop when required to do so in the Queen's
name, is liable to a fine of ftlO — ^^100. Ibid. sec. 31.

7 Commissary may enter dealers premises by force if
necessary im presence of a Police Constable. Hid. sec. 32.

8. The Police may, on reasonable cause to suspect that
any opium is in the illegal possession of any person, obtain
from any Magistrate a search warrant to search the premises
of such person. All opium found may be seized, and owner or
person in possession arrested. Fine ^4 — $96. Jdtd. sec, 33.

9. If any person shall molest, hinder, oppose, or in any
way whatsoever obstruct any Police OflBcer or Constable acting
under this Ord. he shall be liable to a fine of $50 — $500.
Ibid, sec, 40.

10. * Opium " m Ord. 3 of 1889 includes Gauge, Bhang,
Charas, and Canabis Indica, whether pure or mixed with any
other ingredient or thing, but the provisions in para. 4 only
apply to opium proper,

ORPHANS, AND YOUTHFUL MALE
OFFENDERS.

1. Any person may bring before a S.J.P. any child
apparently under the age of 14 years, that is found begging or
receiving alms (whether actually or under the pretext of selling
or offering for sale anything) ; or who is found in any street or
public place for the purpose of begging or receiving alms ; or
who is found wandering and not having any home or settled




CONSTABULAST MANUAL. 151

place of abode, or proper guardianship, or yiaible means of
Bubsistence ; or who is found destitute, either being an orphaxL
or having a survivmg parent who is undergoing penal seryitude
or imprisonment ; or who frequents the company of reputed
thieves. Ord, 1 of 1852, sec, 14. FuU enquiry should be made
before taking the boy before the Magistrate, into his history,
way of living, parentage, d;c., &q.

2. Para. No. 1 refers also to boys under the age of 16
years. Ord, 1 of 1879, sec, 13.

3. The Police may arrest any child or youthful offender
who escapes from any Asylum, Industrial er Reformatory
School and convey such child back. Ord, 1 of 1852, see, 61^
and Ord, 1 o/1879, sec, 23.

4. Eveiy person who knowingly assists directly or in-
directly any child or youthful offender to escape firom any
Asylum or School ; or induces such child or offender to escape
therefrom ; or knowingly harbours, conceals, or prevents from
returning to School or Asylum any such child or offender ia
liable to a fine of ^96, or 4 month's imprisonment. Ibid, secs»
62 and 24.

PEACE OFFICER.

1. All Magistrates and Justices of the Peace, are peace-
officers (Ord, 14 of ISdl, sec. 5) and they have the same powera
of arrest for the preseryation of the peace as Police and other
GoQstables.

2. Any person who assaults, obstructs, or resists any
Peace Officer acting in the execution of his duty, or any persoa
acting in aid of such officer, is liable to a fine of ^100 or 6-
months imprisonment. Ord, 17 of 1893, sec, 33; or the
offender may be indicted for the misdemeanour. Impr. 2 years.-
Ord, 18, 1893, sec 61.

PEACE PRESERYATION.

1. In case any riotous disturbances occur in any part of
the Colony (B.G.), the Governor may proclaim that the foUow-



Digitizedby VjOOQIC



%



152 CRIMINAL OODB AND

ing provisions shall be in force* in snch part (hereinafter
referred to as a ** proclaimed district.**) Ord. 17, 1893, sec,
124.

2. Every person who, in a proclaimed district, destroys,
tears, or in any manner defaces any Proclamation, placard, or
notice posted np in a proclaimed district shall be liable to a
penalty of $25 or imprisonment for 2 months. Ibid, sec, 127.

8. If any persons, to the number of five or more,assemble
together in a disorderly manner in any public way or place in a
proclaimed district, or in any place adjacent to such way or
place, every such person who refuses to disperse, when re-
quired so to do by any Peace Ojfficerf shall be liable to a penalty
of ^0 or imprisonment for 3 months. Ibid. sec. 128.
4. Every person who, in a proclaimed district, —

(1) Breaks and enters, or attempts to break and enter,
any shop, store, dwelHng-house, outhouse, factory, or
other building or erection, of whatever description; or
I) In company with four or more other persons, un-
lawfully and maliciously destroys or damages any-
thing in any shop or other such building as aforesaid ;
or

(3) Throws any stone or other thing at any shop or
other such building as aforesaid ; or

(4) In company with four or more other persons, in any
public way or public place, assaidts any other person;
or

(6) Not being a person duly authorised in that behalf,
in any public way or public place, carries any deadly
or dangerous instrument or weapon whatsoever, or
any bludgeon or stick exceeding half an inch in
diameter; or

(6) In any public way or public place, or in any place
adjacent thereto, makes use of any abusive, insulting,
or provoking language, or any language tending to a
breach of the peace ; or

* It should be noted that until the Govemor*s proclamation
is published the provisions are dormant.

t See *' Interpretation of Terms and Expressions."




GONSTABULABr MANUAL. 153

(7) Incites any other person to commit any offence
hereinbefore mentioned,
shall b« liable to a penalty of JlOO or imprisonment for 6
months. Ibid. sec. 129.

5. The Governor, may by Proclamation, order retail
spirit shops, in a proclaimed district, to be kept closed during
such period as to the Governor may seem fit. If any such
retail spirit shop is not kept closed in accordance with such
Proclamation, the owner or occupier thereof shall be liable to
a penalty of ftlOO for every day during which such shop is not
closed. Ibid. sec. 130

6. Any Peace Officer may arrest any person whom he
may find committing, or may have reasonable grounds for
believing to have committed, any offence mentioned in this
Title ; and may call upon all persons present to assist him in
arresting any such oflFender. Every person who, being so called
npon by a Peace Officer for such assistance, refuses to render
the same to the best of his power, shall, on being convicted
thereof, be liable to a penalty of $50. Jbid. sec. 131.

PEDLARS OR HUCKSTERS.

1. * * Pedlar " means any person who travels from place to
place, selling goods, wares, or merchandise. Sellers of vege-
tables, fish, fruit or victuals are not pedlars.

2. Pedlars or Hucksters must be licensed, and the Police
may demand from any person huckstering or exposing for sale
any goods &c., his license, and if it be not at once produced, his
said goods &c., may be seized and detained until such license be
produced, or until the person concerned has been summoned
before a Magistrate. Ord, 2 0/1861, sec 27.

3. The Police may open and inspect any huckster's pack,
box, bag, &c. at any time, or inspect any vehicle used by him.
If huckster refuses to allow inspection, he may be arrested and
his goods seized. Ibid. sec. 30.

PERJURYi

1. Perjury is wilfully making a false assertion, upon oath,
in any legal proceeding, on a matter material to the issue, or
likely to ciffect the result.




Digitized by VjOOQIC



154 C&IMUtAL CODE AND

2. Subornation of perjury is, procuring some person to
make a false assertion upon oath whereby he commits perjury.

3. These offences are misdemeanours, punishable Tnth
P.S. for 7 years, except when committed in order to procure
the conyiction of any person for an indictable offence punish-
able with death or penal servitude, when they are felonies, for
which P.S. for life may be inflicted. Ord. 18, 1893, sees, 337
and 338.

PICKPOCKETS.

1. Strict watch should be kept on the movements of
persons suspected of being pickpockets, and if there be any
reason to justify their arrest, they should be taken into
custody.

2. Constables on the lookout for pickpockets, should keep
at a short distance from them. They will generally be found
at race meetings, railway stations, fires or anywhere where a
crowd has collected. Observation is best kept above or be-
hind a crowd, and when a person whose movements are
suspicious, has been singled out, the officer must endeavour
to get as near him as possible, without attracting his notice.

3. Every effort should be made to apprehend a pickpoc-
ket while his hand is in the pocket of the person robbed, or
the stolen property is still in his possession. Watches and
purses are the things generally stolen, and pickpockets nearly
always have confederates present.

4. The punishment for larceny from the person is P.S.
for 14 years; Ord, 18, 1893, sec. 191. {See ''Robbery:')

PIRACY.

1. The forcible boarding and entry of, and robbery on a
ship, or vessel, on the high seas, or in any port, haven or
creek, is piracy. Felony. Punishment according to Law of
England, i.e. penal servitude for life, or by death, if an attempt
is made to murder or wound. Ord. 18, 1893, sec. 332.

2. A person who consults, combmes, confederates,
favours, supplies, or trades with a pirate, is punishable as a
pirate. '



Digitized by VjOOQIC



C0N8TABULABY MANUAL.

PLANTS.

See " Trees, Plants, etc."



165



POISONS— ANTIDOTES FOR.



1. In cases where other articles available as antidotes are
not within reach, give immediately two tablespoonfnls of
common mnstard mixed in a pint of warm water ; also give
large draughts of warm milk or water mixed with oil, bntter
or lard. If possible, while awaiting the arrival of a Doctor
give as follows : —

2. For;— ] Strong Coffee, followed by
Landanam mnstard or grease in warm
Morphine or water to produce vomiting.
Opinm 'Keep the patient in motion walk-
ing up and down and do not



8. Fort-
Oil of Vitriol
Oxalic Acid
Aqua Fortis, or
Muriatic Acid.

4. For;—
Caustic Soda

„ Potash or
Volatile Alkali.

6. For ,—
Carbolic Acid.

6. For :—
Chloral Hydrate or
Chloroform.

7. Fort-
Carbonate of Soda
Copperas, or
Cobalt.

8. For :—
Nitrate of Silver.



J allow him to go to sleep.

Magnesia or soap, dissolved in
» water, every 2 minutes.



( Drink freely of water with
I vinegar or lime juice in it.

{• Flour and water drink.

"^ Pour cold water over the head
(and face, and give artificial
J respiration.

I Emetic, and soap and water
j drink.

I Conmion salt in water.




dby VJ'



li



156 CBIMINAL CODE AND

Emetic of mustard and warm



1



Milk and white of eggs in
'large quantities .



9. For :—
Strychnine or )■ -_-3'"
Nux Vomica. ^ '^**®'-

10. For:—
Blue Vitrei,
Corrosive Suhlimate,
Lead Water,
Sugar of Lead,
Sulphate Zinc or
Red Precipitate.

11 For : — "i Emetic of mustard and salt ;

Arsenic or >• follow with sweet oil, butter or

White Precipitate. ) milk.



POLICE COURTS.

1. The Police are to observe the utmost attention and
respect towards all Magistrates at all times.

2. When Police are concerned in cases at court they must
attend punctually, and be properly dressed, and clean and neat
in appearance.

3. Strict order and decorum is to be observed by all
ranks, whilst in Court.



POLICE STEALING or EMBEZZLING.

Every person who, being employed in the public service,
or Police Force in this Colony (B.G.) steals or embezzles any
•chattle, money or valuable security belonging to Her Majesty,
or received by, or intrusted to him by virtue of his employment,
is guilty of felony. P. S. 14 years. Ord. 18, 1893, sees, 194,
199.



POLICE SUPERVISION-

See " Prevention of Crimes," . Ord, 1, 1885, Post



Digitized by VjOOQIC



COHBTABDI.ABT MANVAL. 167

POST OFFICES.

1. Attention is frequently to be directed, especially at
night, to the pillar letter boxes in the City. Attempts are
often made to rob these.

2. Any person who wilfully or maliciously defiles, injures,
tears down, removes or destroys any letter box, pillar box or
other receptacle established for receipt of letters or Postal
matter, is liable to a fine of $50 on summary conviction, or if
indicted to imprisonment for 1 year. Ord, 21, 1893, sec, 75.

3. Any person who makes, knowingly utters, deals in or
sells, or knowingly uses for Postal purposes : or has in his
possession without lawful excuse, any fictitious (counterfeit or
false) stamp or materials for making the same is liable to a
fine of $100. And any such stamp or materials found in
possession of any person may be seized and shall be forfeited.
Ibid, sec, 78.

4. Any person not duly appointed to sell postage stamps
who marks upon any part of his house or shop exposed to the
Public view any word or words signifying or intended to signify
that he is a dealer in stamps, is liable to a fine of $50. Ord.
i qf 1888, sec. 15.

5. No person, whether licensed to deal in stamps or
not, to hawk or carry about for sale or exchange any postage
stamps. Fine for offending $24. Any person may arrest,
without warrant, a person so offending, and all stamps found
in his possession shall be forfeited. Ibid, sec 17.

6. Any person dealing in stamps without a license, or
being licensed, who deals in stamps in any house, shop or
place not specified in his license is liable to a fine of $24.
Jhid. sec, 18.

7. The following persons are forbidden to carry a letter,
or to receive or collect, or deliver a letter although they re-
ceive no reward or payment for the same. For a breach fine
$20 for every letter. Ord. 21, 1893, sec. 12.

(a.) Members of the Police Force, except letters from
an Officer of Police on departmental business.

(b.) Common known carriers, their servants or agents,
except a letter concerning goods in the carts, waggons,
or carriages.




dby VJ'






158 CllIMlNAL CODE AND

(r.) Owners, masters, or commanders of ships, vessels,
steam-boats or droghers (small coasting vessels), sail-
ing or passing coastwise or otherwise between places
within the Colony, or their servants, except in respect
of letters of merchants, owners of ship or goods on
board, or of letters on the business of plantations sent
by droghers employed on behalf of such plantations.

(d.) Passengers or other persons on board any such
ships, &c. , except messengers sent on purpose con-
cerning the private affairs of the sender or receiver
thereof.

8. Any person who, without authority from the P.M.
Genl. places any words such as "Post OflBce," or ** Money
Order Office ; " or letters, or marks, on any house, wall, door,
&c., belonging to him, which might reasonably lead the public

-to believe that such house or place is a Post Office, ic, is
liable to a fine of ^10, and ^1 for every day the offence is con-
tinued after conviction. Ibid, sec, 79.

9. Every person who steals a mail bag, or any postal
packet from such bag or from a post office or from an officer of
the P.O. ; or who stops such officer with intent to rob, is guilty
of felony and punishable withP.S. for 14 years. Ibid, sec, 61.

10. Any person using a stamp a second time in pre-
payment of postage, &c., is liable to a fine of ^0, or imprison-
ment for 3 months Ibid sees, 73 and 74.

11. The punishment for sending a telegram in a false
name, without lawful authority or excuse, is fine $10. Ibid,
see, 84.

POUNDS.

1. No animals except those impounded should be kept in
the pounds.

2. Animals distrained on by "bailiffs, or which are kept
by the Police for safety, or to produce in evidence, should be
tied to trees or posts in the yard of the station.

See '* Strays,''

PREVENTION OF CRIMES.

(See** Ordinance Post,*^




COHSTABCLABT UXVVXL 159

PREVIOUS CONVICTIONS.

1. When a prisoner is arrested on a criminal charge,
every effort should be made to ascertain -whether he has any
preyions convictions.

2. A previous conviction may be proved by producing a
copy of the order of any Magistrate's Court in respect of the
former offence and which is certified by the Clerk of such
Court, and then proving that the defendant is the person re-
ferred to in such order. Ord, 12, 1898, sec. 99.



PRISONERS.

1. In arresting a person and making him or her a prisoner
no more violence is to be used than is necessary for the safe
custody of the person.

2 The best plan is to seize the arm and keep hold of it
until the prisoner is in the station.

3. A prisoner cannot be released except by order of a
Magistrate. (^See ** AppreheruionSf" poura, 2,)

4. If a prisoner resists, the Constable is bound to struggle
with him to prevent escape.

6. If the Constable be overpowered he may use his
truncheon. The arms and legs should be struck to disable,
but not the head. (See «« Homdcuffs," para, 1.)

6. Prisoners are to be made as comfortable as possible
while in custody.

7. When prisoners in wet clothes are brought to the
station, if they are detained, their clothes are to be dried, on
application.

8. Prisoners charged with felony are to be properly
searched with a view to discovering evidence bearing on the
charge.

9. Persons reasonably suspected of having or conveying
in any manner anything stolen or unlawfully obtained may be
searched. See " Carts,^ para, 7,

10. Female prisoners are only to be searched by a Female
Turnkey.



Digitized by VjOOQIC



160 CRIMINAL GODB AND

11. Constables are never to be placed in charge of more
than two prisoners. (Sec also " Apprehensions ** and^* Arrests.**')

12. A Constable is justified in searching the place in
which a prisoner charged for felony has been arrested, although
the arrest may have been without a warrant. It is frequently
most essential to the ends of justice that this should be done.

13. Care should be taken not to draw confessions from
prisoners after arrest, in fact, the practice of questioning
prisoners is one which Judges strongly reprobate. It is,
however, incumbent on the Constable, after charging the
prisoner, to hear and take down in writing any statement he
may make. The prisoner should be warned that whatever he
says may be given in evidence against him. But even if he
is not so warned his statement is admissible in evidence pro-
vided it has not been obtained by unfair means. (^8ee " Uon-
fessions,**)

14. A person suspected of committing an offence may be
questioned as to such offence before he is arrested, but nothing
further must be said to him afterwards. Lord Chief Justice
Cockburn said at the Central Criminal Court, on July 16th,
1870. ** You may ask a man questions with an honest inten-
<* tion to elicit the truth and to ascertain whether there are
»« grounds for apprehending him ; but with a foregone intention
<<of arresting him, to ask questions for the main purpose of
*' getting anything out of him that may be afterwards used
** against him is a very improper proceeding.**

15. If it is likely that a prisoner will be rescued, or if he
is sick he may be kept for a time in a house or other place of
security.

16 Prisoners should always be searched in the presence
of a witness, and a proper list of the property taken from them
must be made. See *• Property,*' para, 6.

17. A Barrister-at-Law, Solicitor or Attorney, or the
Clerk of either may be allowed to communicate with a prisoner
at a Station, if he has retained or wishes to retain such for his
defence. The interview should be made as private as possible,
but the prisoner must be kept in view by a Constable.

18. Any statement made by a prisoner when charged at a
Station should be accurately written down for further use if
required.





CONSTABULABT MANUAL. 161

19. Prisoners need not be cautioned by the Police that
any yolontary statement made by them will be given in
evidence against them.

See ** Evidence,''

PRIVILEGED DOCUMENTS AND
COMMUNICATIONS.

1. A privileged communication is that which a witness
cannot be compelled to divulge. Communications referring to
the prevention or detection of crime are privileged, as also are
official documents, such as letters or written instructions, sent
from one member of the Police Force to another.

2. ** In Grown prosecutions, and in informations for

<* frauds committed against the Revenue Laws, witnesses for the

<< Grown will not on cross-examination, he permitted to disclose

** either the names of their Employers, or the nature of their

<* connection between them, or the names of the persons from

<* whom they received information, or the names of those to


1 2 3 4 5 6 7 8 9 10 12 14 15 16 17 18 19 20 21 22

Online LibraryClaude FrancisCriminal Code and Constabulary Manual for British Guiana → online text (page 12 of 22)