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Criminal Code and Constabulary Manual for British Guiana online

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a.m. the following day Fine for hreach, $5 for each stray.
Ord. 1, 1866, sec, 11.

5. On proof of ownership to the satisfaction of any Magis-
trate within three months after the sale of an animal out of
the Pound, the owner is entitled to receive from the Insp. G-en.
Pol. or Rec. Gen., the halance of the proceeds of the sale.
Ibid sec, 22.

6. Animals are to he received into Pound between 6 a.m.
and 6 p.m.

7. Cattle crossing the public road of an estate to which
they belong are not strays. (Samttel v. Bob, 1 R,C., 44.)

8. If a person follows an animal from his own land where
it has strayed, and seizes it elsewhere to impound, he com-
mits a trespass and is liable to action

9. Strays on way to the Pound are not to be ridden or ill-
used, and must be taken by the nearest way to the Pound.
Penalty for breach, forfeiture to poundage money, and fine
^24. Ibid, sec, 9.

10. Strays trespassing on private premises or land may,
by the owner or person in possession be taken, or by someone
authorized by him in writing, sent to the nearest Pound. Ibid.
sec, 4.


1. For this offence persons may be arrested. Misde-
meanour. Punishment, imprisonment for 2 years. Ord, 18,
1893, sec, 97.

2. If at the time of arrest any injury has been inflicted
medical aid is to be at once got or the person taken to the
nearest Hospital. In the latter case a sentry will be placed
over the accused until he is well enough to attend Court.

3. In cases where the throat is cut, care must be taken
that the person is not moved until the Doctor arrives. The

9 supported to prevent the wound gaping, and
lay be stopped as directed under heading, ** In-



1. A smumons* may be served either personally on the
defendant, or by leaving the same with some person for him
(an inmate of the same house) at his last or most usual place of
abode. Ords. 12, 1893, sec, 12, and 19, 1893, sec. 52.

2. If the summons be left it should not be given to any
child under 16 years of age.

3. Where no mode of Service is prescribed by Law, the
service must be personal. (Oke*s Sjfnopsis, p, 156, vol. 1,
ISth. Ed.)

4. In revenue cases of all kinds, and in Sunday Trading
cases, a sununons may be served either as directed in para. 1,
or by leaving the same with any person who is apparently a
clerk or servant found on the premises for which the license is
granted (or in respect to which the charge is brought), or if no
such person can be found, by affixing the same in a conspicuous
manner to the outer door or outer wall of the premises. Ord.
3 of 1868, sec. 78, and Ord. 17, 1893, sec. 206.

5. A summons cannot be avoided because of the Magis-
trate who signed it dying or ceasing to hold office. Ord. 12,
ISdBy sec. 95.

6. As to Affidavits, see that Title.

7. A summons in a civil case should be served at least 3
days, and in a sunmiary conviction offence, 48 hours, before the
hearing. Ords. 11 and 12. 1893, sees. 9 and 11 respectively.


1. An important part of a Constable's duty is to suppress
Sunday Trading. The Law gives him aniple power for this

* If for Petty Debt and not served personally, the nature
and iihport of the documents left with some other person must
qe explained to such perfton,who must also be requested to de-
hver them to defendant without delay. Ord. 11, 1893, sec. 11.

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purpose, (vide "Licensed Premises^'' pArs; 3) besides reward-
ing him specially by proriding thalt he shaU receive part of
any fine realized through his ii^ormation.

2. It is an offence for any person to hire or employ any
mechanic or labourer to work on the Sabbath Day, i.e., between
12 p.m. on Saturday and 12 p.m. on following Sunday. Fine
ft25 for every person hired, engaged or employed. Ord, 17,
1893, sec, 199.

3. It is an offence also for any Mechanic or Tradesman,
&c., to work publicly on the Sabbath Day. Fine ^. Ibid,
sec, 200.

4. Paras. 2 and 8 not to apply to work of necessity, i,e.^
to prevent or correct, or remedy the effects, of any flood,
hurricane, or tempest or other such like casualty; nor to
persons employed in boats, punts, or other craft ; nor to
shipping of produce ; nor to cattle minders and watchmen ;
Ibid, sec, 201.

5. Any person who on Sunday in any part of British
Guiana, shall open any store, shop, house, room, shed or booth
for the purjwse of selling or bartering therein, or shall sell or
barter, ox shall exjwse or offer for sale or barter, or shall
deliver, any goods, merchandise, or commodities whatever, shall
be guilty, Ac. Fine JlOO Ibid, sec, 202 ; owner of goods, &c.
is liable for act of servant or member of family, who may be
examined as a witness for or against such owner. Ibid, sec. 204.

6 Para. 6 not to apply to ** bread, fresh meat, fresh fish,
fresh fruit, fresh vegetables or ice, on Sunday before 9 a.m.,
nor to milk or medicine or ice for sick persons at any hour.
Ibid, sec, 208.

7. As to service of summons in offences relating to Sunday
Trading. " See Summonses,"


1. ThePolice are not to make charges or imputations
against the character of any one, unless they have sufficient
knowledge of the persons concerned to justify them doing so.

2. Strict and constant watch should be kept on suspected


3. Very great powers are given by law to the Police in
dealing with suspected persons, but it should always be remem-
bered that it is far more satisfactory to arrest for some actual
offence, than on a charge of mere suspicion.

4. Every person who finds any person in possession of any
property, which upon reasonable grounds is suspected to have
been obtained by the commission of some indictable offence,
may arrest such person without warrant, and take possession
of such property ; and every person so arrested must be, as
soon as possible, delivered over to a Police or other Constable.
Ord, 19, 1893, sec, 205.

See *^ Prisoners y^ " Thieves y^ and ^^ Arrests,""


The following regulations are to be observed during the
celebration of the Tadjah Festival. They were made by the
Governor, and published in 0.6. on 19th January, 1871, and
they are still in force under Ord, 18, 1891, sec, 246.

1. <* The Indian ims. living on a pi. intending to celebrate
<< the festival called *< Tadjah '* must choose from amongst them-
*' selves a certain number of head men, not exceeding six in
« * number, whose duty it will be to regulate, control, and take
'< charge of all processions, and to carry out such instructions
'< as they may receive from the Mag. of the dist. in which the
«* pi. is situate, or from the Police, for the purpose of prevent-
<<ing breaches of the peace, or other disorderly conduct during
<^ the celebration of the festival.

2. *< The names of the men selected to act as head men
<< and also the day or days on which the festival is to be held,

< < must be sent to the Mag. of the dist. by the head men, not
<* less than 15 days before the date fixed for the celebration,
*< and the Mag. should he see no objection, will grant to the
<< ims. a written authority for holding the festival, and will de-
<< fine the route the procession of the ** Tadjah" must take, and
<< the limits of the route, and will give such other instructions
« as he may deem needful for the preservation of good order.

8. '* Should the Ims. on one or more estates desire to
<^ unite in the celebration of the festival, such intention must be

< < communicated to the Mag. in t]ho manner before-mentioned in

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*' regard to a single estate, and the selection of the head men
*• mnst be made conjointly to the ims. in the Estates so united."

4. << No *' Tadjah " processions will be permitted to enter
*<the precincts of George Town or N/A."

5. " In case any << Tadjah " procession shall pass along
« any public road, it shall be the duty of the head men to
« regulate the march of the procession so that no obstruction
<< be caused to the general public, and, in order to insure this
** as far as may be possible, no such procession must be per-
'< mitted to occupy more than half the width of the road, and

< < must confine its march to the left half of the road.'*

6. ''No procession will be permitted unnecessarily to
^ linger on any public road, or to form itself in groups so as to
*< obstruct the free passage of tlie public."

7. ** During the march of any *' Tadjah " procession along
<<a public road, it will be the duty of the head men in case of
« its meeting with or overtaking, any carriage, waggon, cart or
" other vehicle drawn by any horse or other animal, or any
('person riding on any horse or mule, or any animals being led
« or driven, to cause all noises to cease, whether arising from
<' the beating of drums, the playing on musical instruments,
« the singing or shouting of the persons foiiuing the procession,
« or from any other cause under the control of the head men,
<< during such time as any portion of the procession shall be

< < within a distance of 50 yards from any such vehicle or
<< animal as before mentioned."

8. Every person wilfully disregarding the above regula-
tions ; or wilfully disobeying orders of Mag. or Police is liable
to fine of $96 or 6 months H.L. Sec, 236, Ibid.


1. Telegrams are not to be sent at the Government ex-
pense, on trivial matters, or on matters of duty which should
form the subject of letters. Where there is no urgency, there
is no necessity to use the telegraph wires ; and when telegrams
miut be sent, they should be worded as concisely as possible.

2. The following example is given to show the abridg-
ment which may be made in a telesrram. The whole of the


words were contained in the original telegram ; those now in
brackets being nnnecessary : —

"(Look out and) arrest Teddy Wyatt (who) efiPected
"(his) escape from P.O. (112 Samuels) this morning at (the)
"Jail gate (George Town), (Sex), male (about) 25 years, com-
**plexion (black), eyes (black), hair black (and cut) short.
"Walks (very) quick; labourer; (last place of) residence,
" (plantation) Enmore, Native (of Demerara) dressed (in a suit
** of) old brown tweed (and a round) doth cap. (This man) was
" (being) remanded (to) jail (on) charge (of) obtaining rum
*' under false (and fraudulent) pretences (from rum shop ci
*» Jose Ferreira plantation Enmore.*')

It will be seen that 45 needless and useless words were in-
serted in this telegram ; and, when it is remembered that a copy
was sent to nearly 60 Police Stations, it can easily be imagined
what the imnecessary work given to the Post Office Officials
amoimted to.

3. Every person who, with intent to aggrieve or annoy
another, knowingly sends a false telegram to any person, is
liable to a fine of $50. Ord. 17, 1893, aec 105.

4. Every person who unlawfully and maliciously, cuts,
breaks, throws down, or otherwise injures any thing whatso-
ever, being part of, or used in or about any electric or magnetic
telegraph or telephone; or prevents in any manner, whatsoever,
the sending a communication by telegraph or telephone is
guilty of a misdemeanour. Punishment, imprisonment .for 2
years. Ord. 18, 18I>3, sec, 139.

(See " J^ost Offices:')

5. Arrests should never he mttde on telegrams from private


The necessity for a perfect command of 'temper cannot be
too strongly impressed u|M>n the Police, especially young Con-
stables. Without it, it 18 impossible lor a m»n -to do his duty
eatisfactorily. A Constable should tnot get excited by idle re-
marks, or abuse directed towards Mmself. By doing so, he luit


dby VnflHfll^H


only loses self-control, and the respect of the appreciative
public, but he affords amusement to the rabble, who always
delight in witnessing the discomf ortnre of a Police Constable.


1. It is necessary for the Police to have as good a know-
ledge of known thieves as can be obtained.

2. When on patrol or beat duty they should keep a strict
watch on their movements, and communicate information with
regard to them, to the Constables on adjoining beats. Brothels
(which see), low lodging-houses, the haunts of thieves, and
houses frequented by disreputable characters, should be closely

3. In watching the conduct of known offenders, and
persons of bad character, the Constable should remember that
the prevention of crime will be best attained by making it
evident to such parties that they are strictly watched.

4. For harbouring in, or allowing thieves or reputed
thieves, to assemble in any lodging-house, tavern, retail spirit
shop, or any place of public resort, or in brothel, or allowing
the deposit of stolen goods therein, the penalty is fine of $100.
Ord. 17, 1893, sees, 161 and 162.

6. Any Police Constable has power to enter at all times,
and without warrant, the places mentioned in para. 4, to search
for thieves, &c., and every person who, xmder any circumstances
whatsoever, refuses or neglects to admit such Constable in the
execution of his duty demanding to enter such premises in pur-
suance of this section is liable, for first offence to a fine of $25,
and second offence $100. Ibid sec, 164.

(Sec " Retail Spirit Shops,"" para. 5.)


1. A Constable may interfere to prevent a breach of the
peace, where one person threatens another with immediate
personal violence, but idle threats should be taken no notice of.

2. A person making use of any threatening language with
intent to provoke a breach of the peace, is liable to a fine of
^0. Ord, 17, 1893, sec. 142.

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8. Any person assaulting or threatening violence to the
purchaser or seller of, or person conveying to or from any
town or other place, any com, rice, plantains, &c., with intent
to deter or hinder the buying or selling or conveyance of the
same, is liable to a fine of ^0, or imprisonment for 8 months.
Ihid. sec, 81.

4. Every person who, with intent to extort or gain any
chattel, money, &c., accuses or threatens to accuse another

(a.) An indecent assault or an assault with intent to

commit rape.
(6.) Carnally knowing or attempting to know any girl
under age.
• (c.) Buggery, or unnatural offence.

(rf.) Any offence punishable with death, or penal servi-
tude for 7 years, is guilty of felony. Punishment,
P.S. for life. Ord, 18, 1898, sec. 238.


1. Sending, or uttering, &c, , letters threatening to bum
or otherwise injure any building, standing crop of canes, &c.,
or to kill, maim, or wound any cattle is felony. P.S. for 7
years. Ord, 18, 1898, sec. 46.

2. Sending, &c. , letters threatening to murder, or kill, or
shoot at any person, is felony. P.S. 10 years. Ihid, sec, 46.

8. Sending letters (as in para. 1), to accuse of crime, &c.,
is felony. P.S. for life. Ihid sec. 47.


1. A Ticket of Leave Convict is a person who has been
found guilty of a crime, and set at liberty from penal servitude
before the expiration of his sentence, with a license to be at
large on certain conditions n^de known to him at the time he
is set free.

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2. The following ate the conditions : —

(a,) The holder shall preserve his Ticlcet of Leave and
produce it when called upon to do so by a Magistrate
or Police Officer.

He shall abstain from any violation of the law.
He shall not habitually associate with notoriously
bad characters, such as reputed thieves and prosti-

(d.) He shall not lead an idle and dissolute life, with-
out visible means of obtaining an honest livelihood.

(e.) If his Ticket of Leave is forfeited or revoked in
consequence of a conviction for any offence, he will be
liable to undergo a term of Penal Servitude equal to
the portion of his term of years which remains un-
expired when his Ticket of Leave was granted.

(y.) He shall within forty-eight hours of his arrival in
any Police district, report himself personally and
notify the place of his residence to the Police
authorities of the district, at the Police Station nearest
to such residence.

(g.) He shall not change his residence without notify-
ing the same to the Police Station at which he has
reported himself and, in case his new residence is in
another Police district, without notifying his new re-
sidence to the Police authorities of that district at the
Police Station neareet to such residence.

(h*) He shall once in each month report himself to such
person, at such time, personally or by letter, as the
Lispector General of Police may in each particular

3. For a breach of the conditions a., b,, c, and </., the
pimishment is imprisonment for 3 months with or without
H.L. Ord. 1, 1865, sec, 6, and for a breach of the conditions
f,, g., and A., the punishment is the same, or forfeiture of
license by S.J.P. Aid. sec, 8.

4. A T.OJj. convict suapeoted of having committed aagr
offence, or of having broken any of the conditions aforesaid
may be arrested by any Constable without warrant. Jbid.
sec, 11.


5. As to arrest of T.O.L. conyict living by dishonest
meani^, ai)4 as to rotgnlatlonji r< pe2;soii9 under police super-
vision, and to police endorsing lifiep;^^. (See ** Prevention ^f
Crivmi* Ord.^FQst.)


1. The following are offences* under the George Town
Town Oouncil Ordinance, and the Bye Laws made by the
Mayor and Town Coanoil with respect to ^^Porters," '^Hawking
Meat/* and « Driving Kine,** in the Gity.

2. Any person leaving any vehicle whatsoever on any
public street or thoronghfare in George Town, without any
driver actually in charge of the same, is liable to a fine of $24.
Any snch vehicle may be removed at owner's expense by any
Constable, and may be detained till penalty is paid. Ord, 1,
0/I86O, «ec. 108.

8. Any person who exposes any goods, wares, &c , &c. , for
sale on any of the public stellings in George Town (except
market stelling) is liable to a fine of ^4. Any Constable may
remove at ownei's expense any such goods so exposed. Ibid,
sec, 107.

4. Any driver of a licensed cart who leaves it unattended
in Any street, or at any place of public resort or entertainment,
is liable to a fine of $24. Such cart may be removed at driver's
expeuse by Constable Ibtd, sec, 188. (See also *< Carts/*
paras, 8, 9, and 10.)

5. The driver of any cart receiving in Water St. G.T. a
load of lumber, plank, or boards, or any other article projecting
beyond the cart, shall go out of Water St. at the first side
street after starting, and if such load is for delivery in Water
St., he shall return therein by the side street nearest to the
place of delivery. Penalty for breach ^4. Ibid, sec. 186.

6. All drivers of licensed carts in G.T. shall wear their
badges round their necks, so as to be clearly seen. Penalty for
breach $24. Ibid, sec, 180.

♦ See also " Minor Offences."

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7. Any driver or other person in charge of any licensed
Cart in G.T. who shall be intoxicated while driving ; or who
shall ride on any part thereof, or who shall by wanton and
fnrious driving, or other wilful miscondnct, injure or endanger
any person in his life, limbs or property, is liable to a fine of
^0 ; and any driver as aforesaid, who suffers his cart to stand
across any street, or alongside any other licensed cart, or who
refuses to give way if he conveniently can to any other cart or
carriage ; or who obstructs or hinders the driver of any other
Cart in taking up, or setting down any load into or from such
cart ; or who wrongfully in a forcible manner, prevents or en-
deavours to prevent the driver of any other licensed cart from
being hired, is liable to a fine of $24. Ibid, sec, 187.

8. The Police may impound any cattle found tethered,
grazing, or straying on any public road, dam or place within
the city of G.T. or within the burial ground of Le Repentir,
and they may destroy all swine found so straying. Ihid, sec,
201. {^See also « Pounds *" and " Cattle.'')

9. Any person who kills or slaughters for sale, any cattle
or swine or turtle in Q.T. except in the Slaughter House is
liable to a fine of $10 to $50. Ibtd, sec. 151.

10. Any person who slaughters any Cattle in the slaugh-
ter house before such Cattle shall have been therein for 12
hours, is liable to a fine of $24. Ibid. sec. 160. (^See ** Cattle,**
para. 8.)

11. As to harbouring Police and Town Constable in Rum
Shops or Taverns, and knowingly suffering common prostitutes
and thieves, to assemble in any place of public resort in G.T.

See ''Retail Spirit Shops," para. 6, *' Thieves" and
« Prostitutes."
Note. — The offences, and the powers of the Police, under the
" New Amsterdam Town Council," Ord. 8, of 1891, are
almost exactly similar to the foregoing under the Geo.
Town Council Ord. The former, however, contains the
following offences which are not provided for in the latter.
(1.) *•' Every person who, in any part of the Town,
< ' causes a inlf ul waste of water from any tap, stand-
-pipe, or hydrant, either by neglecting to shut the tap
** after the vessel placed to receive such water has been
" filled, or by leaving the tap open ; or bathes or washes


**hi8 person or any part thereof, or bathes or washes

" anything whatsoever at any stand-pipe ; and, in the

" case of any child under twelve years of age, the parent

** or guardian of such child shall be held liable for the

"offence; or, (2.) Games away or draws from any

" stand-pipe or tap, water in any barrel or puncheon or

" other receptacle of a similar nature, for consumption

" beyond the limits of the Town, unless such water has

" been paid for." The Police may arrest, on view, for

any of these offences. Fine $24.





2nd. hawking fresh MEAT IN THE CITY ; AND
3rd. driving KINE IN THE CITY. (5ce also
*' Harbours.")


(I.) Licenses for Porters plying for hire in the City of
George Town shall be issued by the Town Clerk in the form
following : —



City op George Town.

Town Council Hall.

Permission is hereby granted to .

residing on Lot No. : in_ —

Ward, in the City of George Town, to ply for hire as a licensed
porter within the limits of the City of George Town from the
date hereof till the 31st day of December, 18

Town Clerk

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(2.) Such Licenses shall be numbered consecutively in the
order in which they are issued, and every License so issued,
bUbXI be registered by the Town Clerk together with the name
and address of the person to whom it is issued.

(3.) In case any such license is lost a new one may be
issued by the Town Clerk on receiving payment of 24 cents.

(4.) The holder of any such license shall when plying for
hire be bound to produce such license when required so to do
by any Town Constable or Police Constable

(5,) Such license shall not be transferable, and no person
other than the person to whom it was issued shall ply for hire
under cover of such license.

(6.) The following fares or rates shall be chargeable by
and payable to licensed porters :~^


Bif Time:—
For a whole day from 6 a m. to 6 p.m. with

one hour's intermission for breakfast... 64 cents.
„ any time under a whole day for each
hour or part of an hour over and above
any number of hours completed, per hour 12 ,,
,, any time less than one honr: — per 15
minutes or any less time over and above
any number of periods of fifteen minutes

completed 3 „

Bif Distance: —
For a load not exceeding 561bs , per quarter
of a mile, or any less distance over and
and above any number of quarter miles

completed 4 „

„ a load excfieding 561b8., but not exceed-
ing l]21b8., per quarter of a mile or
any less distance over and above any
number of quarter miles completed ... 8 „
In the Market: —
For carrying from the Market Stelling or
the front gates to any part of the
Market, or vice versa : —



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Online LibraryClaude FrancisCriminal Code and Constabulary Manual for British Guiana → online text (page 15 of 22)