Claude Francis.

Criminal Code and Constabulary Manual for British Guiana online

. (page 19 of 22)
Online LibraryClaude FrancisCriminal Code and Constabulary Manual for British Guiana → online text (page 19 of 22)
Font size
QR-code for this ebook


tender, engine, tackle, beasts, and accoutre-
ments belonging to or drawing, or provided
for drawing, such ship, boat or carriage, and
shall pay to the owner a reasonable compen-
sation for such use, to be determined, in case
of dispute, by the Stipendiary Magistrate of
the District, and to be recovered in like
manner as any penalty under this Ordinance ;

(5) The same shall, so far as practic-
able, be kept and conveyed in accordance
with this Ordinance, and vdth all due pre-
caution to prevent accidents, but the person
seizing, detaining, keeping, or conveying the
same shall not be liable to any penalty,
punishment, or forfeiture under this or any
other Ordinance, or to any damages for
keeping or conveying same, so that he uses
all such due precautions as aforesaid;




by^^^^fl



244



Inspection of

wharf, carriage,

etc., with

explosive

in transit.



CRIIONAL CODS AND

(6) The Officer seizing or dealing -with
the same in pursuance of this section shall
not be liable to damages or otherwise in
respect of snch seizure or dealing, or any act
incidental to or consequential thereon, unless
it is proved that he made such seizure with-
out reasonable cause, or that he caused
damage to the article seized by some wilful
neglect or default.

33. (1) The Comptroller of Customs,
the Chief Commissary, any Inspector of
Police, and any Officer appointed by the
Governor for the purposes of this Ordinance,
or of any rules or regulations or order of the
Governor and Court of Policy made under
this Ordinance, may, for the purpose of
ascertaining whether the provisions of this
Ordinance or of such rules or regulations, or
the terms and conditions of any such order,
with respect to the conveyance, loading,
unloading, and importation of an explosive
are complied with, enter, inspect, and
examine at any time, and as well on Sundays
as on other days, the wharf, carriage, ship,
or boat of any carrier or other person who
conveys goods for hire, or of the occupier
of any factory, magazine or store, or of the
importer of any explosive, on or in which
wharf, carriage, ship, or boat he has reason-
able cause to suppose an explosive to be for
the purpose or in course of conveyance, but
80 as not to unnecessarily obstruct the work
or business of any such carrier, person,
occupier, or importer.

(2.) Any such officer, if he finds any
offence being committed against this Ordin-
ance, or against any rules or regulations or
Order of the (Governor and Court of Policy
made under this Ordinance, on or in any such
wharf, carriage, ship or boat, or on any public



Digitized by VjOOQIC



CONSTABULARY MANUAL. 245

wharf, may seize and detain or remove the
said carriage, ship, or boat, or the explosive,
in such manner and with such precautions as
may appear to him to be necessary to prevent
any danger to the public, and may seize and
detain the said explosive, as if it were liable
to forfeiture.

(3.) Any such OflBcer, and any Officer
of Customs, Commissary of Taxation, or Mem-
ber of the Police Force, who has reasonable
cause to believe that any offence against this
Ordinance, or against any rules or regulations
or Order of the Governor and Court of Policy
made under this ordinance, is being com-
mitted in respect of any carriage or any
boat conveying, loading, or unloading any
explosive, and that the case of emergency,
and that the delay in obtaining a warrant will
be likely to endanger life, may stop, and enter,
inspect, and examine such carriage or boat,
and, by detention or removal thereof or
otherwise, take such precautions as may be
reasonably necessary for preventing such
danger, in like manner as if such explosive
were liable to forfeiture.

(4.) Every such Officer shall, for all
the purposes of this section, have the same
powers and be in the same position as if he
were authorized by a search warrant granted
under this Ordinance, and every person who
fails to admit or obstructs such Officer shall
be liable to the same penalty as a person who
fails to admit or obstructs an Officer so
authorized as aforesaid.

34. Where any Officer in pursuance of Payment for
this Ordinance takes samples of any explosive, ^^^*t^
ingredient, or substance, he shall pay for or ®^°®*''^® ®°*
tender payment for the same to such an amount
as he considers to be the market value thereof,
and the occupier of the place in which, or 1 '




Digitized by VjOOQIC



246 CRIMINAL CODE AND

owner erf the bnlk from which the sample was
taken, may recoyer any excess of the real value
over the amount so paid or tendered from
the Officer taking the sample, as a debt in the
Petty Debt Court within the jurisdiction of
which the sample was taken.

^oufwaSmt ^^' ^^^^ person who is found commit-

of pereon'dSi ^^^^^ ^^J *ct for which he is liable to a penalty
act likely to cause under this Ordinance, or under any rules, or
explosion. regulations made thereunder, and which tends
to cause explosion or fire in or about any store,
harbour, or wharf, or in or about any sugar,
cocoa, or coffee plantation or any building
thereon, or in or about any carriage, ship or
boat, may be apprehended, without a warrant,
by any police or other constable, or by the
occupier, or the agent, or servant of or other
person authorized by the occupier of such
store, plantation, or building, or by any Officer
of Customs or Commissary of Taxation, or by
the Harbour Master or person authorized by
the Harbour Master, and be removed from the
place at which he was arrested, and con-
veyed as soon as conveniently may be beforo
a Stipendiary Magistrate, to be dealt with
according to law.

Sec. 36. Re Power in certain cases to award imprisonment
unconditionally. (^Omitted).

Sec. 87. Me Protection in certain oases of carrier and owner

and master of ship. (Omitted).

Exemption of 88. Nothing in the Ordinance shall apply

explosives for ^o any of the explosive property of Her

certain purposes. j|j[j^JQgty^ an^ held for the purpose of any of

Her Majesty's Military, Naval, Militia, or

Volunteer Forces, or held for the public service

of this Colony.

Sec. 89. Be Protection of person acting under the Ordinance.
(Omitted),



k




COVSTABULABT MANUAL. 24T

40. All penalties and forfeitures may be Recovery of
sued for and recovered by the Harbour Master, pen*^'i«*
or any Officer of Customs, Oommissiary of
Taxation, or Member of the Police Force.
See. 41. Re Provision for absence of rules. {Omitted).



MAGAZINE APPOINTED under See, 8.

The Qovemor-in-Oouncil, at a meeting of the Executive
Council of British Guiana, held on the 9th of November *93,.
was pleased imder the provisions of the ** Explosives Ordin-
ance, 1889,'' to appoint the ship " Transfer " to be a floating
magazine for the storage of Dynamite for the purposes of that
Ordinance.

This magazine is moored in the Demerara River, in the
neighbourhood of Plantation <<Ruim veldt," near to the Western
ht£k of the river.



POLICE FORCE.

1. This Ordinance may be cited for all Short Title,
purposes as the Police Ordinance, 1891.
(No. 10.)
Sec. 2. Re Interpretation of terms. (^Omitted),

. 3. There shall be established in and for Establishment
this Colony a Police Force which shall be an ^"*^ objects of
armed semi -military Force, and shall be *^*'

employed for the prevention and detection of
crime, the repression of internal disturbance,
and the defence of the Colony against external
aggression.

Sec. 4. Re Composition of the Force. {Omitted),

Sec. 5. Ee Territorial division of the Colony for Police
purposes. ( Omitted),

See. 6. Re Appointment of Inspector-General, etc. (^Omitted,



Digitized by VjOOQIC



248 CBIMI17AL CODE AND

Sec. 7. Re Salary of Insp. Gen. {Omitted).

Sec. 8. Be Head quarters. ( Omitted),

Sec. 9. Be Dnties of the Inspector General. (^Omitted).

Sec. 10. Be Appointment of Deputy Inspector General, etc.

(Omitted),
Sec. 11. Be Dnties of the Deputy Inspector General.

(Omitted),
Sec. 12. Be Appointment of County Inspectors of Police.



Sec. 18. Be Duties of County Inspector. (Omitted.)

Sec. 14, Be Appointment of Adjutant, etc., of Police.

(Omitted),
Sec. 16. Re Residence of Adjutant, etc. (Omitted),
Sec. 16. Be Duties of Adjutant. (Omitted).
Sec. 17. Re Appointment of Pay and Quarter Master of

Police. (Omitted).
Sec. 18. Re Duties of the Pay and Quarter Master. (Omitted).
Sec. 19. Be Appointment of Inspectors of Police. (Omitted).
Sec. 20. Re Duties of Inspector of Police. (Omitted).
Sec. 21. Re Appointment of other Officers and Clerks.

(Omitted).
Sec. 22. Re Salaries and allowances of Officers and Clerks.

(Omitted).
Sec. 23. Re Quarters of Officers and Clerks. (Omitted),
Sec. 24. Re Duties of Officers and Clerks generally. (Omitted)
Sec. 26. Re Officers not helow Inspector to be Justices.

(Omitted).

Grades and 26. The Governor may from time to time

NiS-Snmis- direct what shall be the grades and designations
siOTied Officers. ^^ Non-Oommissioned Officers of the Force and

what shall be the number of Non-Commissioned

Officers in each grade.
Appointment of 27. Subject to the provisions of this

^on^onunis- Ordinance *nd of the Regulations, the Inspector
aon cere. General may from time to time appoint fit and

proper persons to be non-Commissioned Officers

of the Force.



Digitized by VjOOQIC



CONSTABULARY MANUAL.



249



28. The Governor may from time to time Classes of
direct what shall be the classes of Constables, Constables,
and what shall be the number of Constables in

each class.

29. The Inspector General may from Appointment of
time to time appoint any Constable, not being Constables to

a man upon probation, to any class of Con- Class,
stables.

30. Every Non-Commissioned Officer and Pay and
Constable shall receive snch pay and allowances Allowances of
as may be from time to time assigned to him ^^^JggJI^
by the Governor out of any moneys provided by and Constables,
the Combined Court for that purpose.

31. Subject to the provisions of this Duties of Non-
Ordinance and of the Rejsnilations, the duties of Commissioned
Non-Commissioned Officers and Constable ConstoSS.
respectively shall be such as may be from time

to time determined by the Inspector General.

Sec. 32. Be Provisions of Police Stations. (Omitted),
Sec. 33. Be Establishment of Police Dep6t. (Omitted).

34. Subject to the Regulations, the Passing of
Inspector General may direct any Member of Membtjsofthe
the Force to be attached to the Dep6t for such thTD^mST
period or periods and to undergo such drill and
military training and instruction generally, as
he may think fit.

36. The Members of the Force shall be
distributed amongst the several Stations and
the Depot in such numbers respectively as the
Inspector General may, with the approval of
the Governor, from time to time direct.

86. The Governor may provide hospital
accommodation for the members of the Force
at such places as he may think fit, and may
cause medicine, food, attendance, and other
necessaries to be supplied to sick Members in
hospital, and may order such deductions as may
be requisite to defray all or any of the charges
80 incurred to be made from the salary or pay



Distribution of
the Force.



Provision of
hospital
accommodation
and treatment.




^



250 CRIMINAL CODE AND

of Buch sick members: Proyided that no
deduction shall be made from the pay of any
Member who is sent into hospital on account of
any injury received by him in the performance
of his duty.

Qualifications of 87. With respect to the original enrolment

person enrolling of Constables the following provisions shall
in the Force. ^^^^ ^^^^^^ ^j^^^ j^ ^^ ^^^ ._

(1) No person shall be enrolled who —

(a) Is less than eighteen or more than
thirty-five years of age, unless he has
previously served at least two years
in the Force ;

(b) Is not of the required height and
chest and measurement, according to a
standard to be from time to time fixed
by the Inspector General with the
approval of the Governor ;

(c) Does not satisfactorily pass a
medical examination as to his bodily
fitness, to be held by a Surgeon to the
Force, and, if the Governor thinks fit,~
by another duly qualified medical
practitioner ; and

(d) Does not produce satisfactory proof
of good character for energy, abiHty,
sobriety, and honesty, and of his
being able to read and write, and
read writing : Provided that the
Inspector General may for special
reasons, dispense with this last men-
tioned qualification in any particular
case ; and

(2) Subject to the provisions hereinafter
contained, enrolment shall be for a period
of three years, but at the end of that period
the Constable shall, if efficient, of good
character, and qualified as herein stated
for further service, have the option of being



Digitized by VjOOQIC



CONSTABULABY MANUAL.

re-enrolled for another like period, or for
one year, and so on from time to time.

38. (1) For the first three months of his
original enrolment every Constable shall be
deemed to be on probation, and if dnring
that period he is fonnd to be wanting in
intelligence, or otherwise nnfit for the Force,
bis services may be dispensed with by the
Inspector General; bnt at the end of that
period, if his services have not been dis-
pensed with, his enrolment shall be deemed
to be duly . confirmed ; and he shall be
entitled to be appointed a Constable.

(2) The provisions of this section shall
apply to every person who may leave the
Force and be subsequently re-enrolled
therein.

39. (1) If in any case application is
made to the Inspector General by any person
for constables to be employed in his service
and on special duties, the Inspector General
may, with the sanction of the Governor,
enrol men as Supernumerary Constables, who
shall be employed on such special service.

(2) The men so enrolled and employed
shall be deemed to be for all purposes
Members of the Force, and shall be subject
to the regulations and to all the provisions
of this Ordinance as regards the discipline,
punishment, powers, and immunities of
regular Constables.

40. (1) The pay and expenses of such
Supernumerary Constables shall be defrayed
by the person requiring their services, and
such pay shall be at a rate to be fixed by the
Inspector General, not exceeding +-"^-♦-
dollars per mensem for each Consta

such person shall also defray the
uniform and any other reasonable
which the Governor may decide



261



Period of
probation afta*
enrolment.



Power to enrol
Supernumerary
Constables.



Pay and
expenses of
Supernumerary
Constables.




Digitized by VjOOQIC



252



Discontinuance
of service of
Supernumerary
Constables.



Saving as to the
Reward Fund.



Oath of officer.



Declaratian to be
made on
oirolment.



CRIMINAL CODB AND

necessary to be paid. Such pay and expenses
shall be paid monthly, in advance, into the
Treasury to the credit of the General
Revenue ;

(2) Any sum payable nnder this section
may be recovered before any Magistrate, on
the complaint of any Officer of Police, from
the person liable to pay the same.

41. Whenever it is desired by any person
availing himself of the services of such Super-
numerary Constables to have snch services
dlscontinned, he shall give one month's notice
thereof to the Inspector General: Provided
that the Inspector General may, in his discre^
tion, dispense with snch notice.

42. The pay of a Snpemnmerary Constable
shall not be subject to deduction towards the
Reward Fund, nor shall any Supernumerary
Constable have any claim on the said Fund.

43. (1) Every Constable shall, on his
appointment, take and subscribe the oath
following, that is to say : —

I, do swear that I will faith-
fully execute and perform the duties
of a Constable, in the preservation of
Her Majesty's peace and the prevention
and detection of all o£fenc€s against the
persons and properties of Her Majesty's
subjects, and all other duties as required
of me by law, without fear, favour, or
affection. — So help me God.
(2) The oath shall be administered by
the Inspector General.

44. Every person, on being enlisted in the
Force, shall sign before the Inspector General
and in the presence of two witnesses, the
declaration following, that is to say : —

I, declare, that I willingly

enlist to serve in the Police Force of the
Colony of British Guiana, and that while



Digitized by VjOOQIC



OON6TABULABT MANUAL.

BO serviBg I will comply with and hold
myself amenable to the Laws and
Regulations now established, or which
may hereafter be established, for the
government and discipline of the said
Force ; and I further declare that I will
not withdraw myself from the said Force
except in accordance with the said Laws
and Regulations.
(Signed)

Signature of witnesses —

Declared before me this day of 1



258



Inspector General of Police.

45. (1) All members of the force shall
be armed at the public expense. All members
of the Force receiving a less salary than
Twelve Hundred Dollars per annum shall be
equipped and clothed at the public expense,
but such equipment shall not include vehicles.
The Governor may from time to time direct
in what manner the Force shall be so armed,
equipped aud clothed.

(2) Every Constable residing at a
Station or at the Depdt shall be famished
with a cot, bolster, and blanket.

(3) Unless he is expressly authorised
80 to do by the Regulations, no Member of
the Force shall be entitled to keep or use for
his private benefit any article whatsoever
which has been supplied to him at the public
expense, but he shall hold every such article
at the order and disposal of the Governor.

46. Every Member of the Force who
improperly lends, gives away, pledges, or sells,
or wilfully spoils or damages, any article what-
soever which has been supplied to him at the
public expense, and which he has not been
expressly authorised to keep or use for his
private benefit, shall be guilty of an offence.



Clothing, arming
and equipment
of the Force.



Improper use of
article supplied
to Member of
the Force.



Digitized by VjOOQIC



254



Delivery up of
articles suppUed
on leaving the
Force.



Delivery up of
articles supplied
to deceased
Member of the
Force.



OBIMINAL CODE AND

and shall be liable to a penalty not exceeding
forty-eight dollars or to imprisonment, with or
without hard labour, for any term not exceeding
three months.

47. (1) Every Member of the Force who
is dismissed therefrom, or resigns his office,
or otherwise leares the Force shall forthwith
deliver over to the person appointed by the
Regulations or by the Inspector Qeneral for
that purpose every article whatsoever which
has been supplied to him at the public
expense, and which he has not been expressly
authorised to keep or use for his private
benefit.

(2.) Every person who contravenes this
section shall be guilty of an offence, and shall
be liable to a penalty not exceeding forty-
eight dollars or to imprisonment, with or
without hard labour, for any term not
exceeding three months; and it shall be
lawful for any Justice of the Peace to issue
his warrant to search for and seize all such
articles which are not so delivered over,
wherever the same may be found, and to
arrest the person in whose possession the
same may be found.

48. (1.) When any Member of the Force
dies, his heir, executor, or other represen-
tative, or the person in whose house he dies,
being possessed of any articles which have
been supplied to any Member for the execu-
tion of his office, shall be bound within
fourteen days after such death, to deliver
up to the person appointed by the Regula-
tions or by the Inspector General for that
purpose, all articles whatsoever which may
have been supplied, at the public expense,
to, and been in the possession of, such
Member for the execution of his office at



Digitized by VjOOQIC



CONSTABULARY MANUAL. 255

the time of his death, and which such
Member has not been expressly anthorized
to keep for his private benefit.

(2.) Every person who contravenes
this section shall be guilty of an offence, and
shall be liable to a penalty not exceeding
forty-eight dollars or to imprisonment, with
or without hard labour, for any term not
exceeding three months; and it shall be
lawful for any Justice of the Peace to issue
his warrant to search for and seize all such
articles which are not so delivered over,
wherever the same may be found, and to
arrest the person in whose possession the
same may be found.

49. Every person who has in his posses- Impropo-
sion any article whatsoever which has been possession
supplied at the public expense_ to any Member tolSS^of



of the Force, and which such Member has not
been expressly authorised to keep or use for
his private benefit, and who does not satisfac-
torily account for his possession thereof, may
be arrested without warrant by any Constable,
and shall be guilty of an offence, and be liable
to a penalty not exceeding forty-eight dollars,
or to imprisonment, with or without hard
labour, for any term not exceeding three
months.

50. (1.) Every unmarried Constable
residing at a station or at the depot, and, if
he desires it, every married Constable so
residing, shall be severally provided with
sufficient good and wholesome food and mess
utensile, in such manner, at such time, and
at such places as the Inspector Qeneral may
from time to time direct and appoint.

(2.) The cost of the food and mess
utensils, with the expense of providing the
same, shall be defrayed by the Constables to



the Force.



Provisions for
Acs,



Digitized by VjOOQIC



256



Punishment of
serious offence
by Non-Com-
missioned Officer
or Constable.



CBIMINAL CODE AND

whom the same are supplied, and shall be
deducted in each month from the pay of
such Constables.

(3.) A military tin or canteen shall be
provided at the public expense for every
Constable to whom this section applies.

51. (1.) Every Non-Gommissioned Officer
or Constable who —

(a) Begins, raises, aids, abets, counten-
ances, or excites mutiny, or causes or
joins in any sedition or disturbance
among the Members of the Force at
the station or depot at which he is
placed, or in any party, post, detach-
ment, or guard, on any pretence
whatsoever; or
(6) Being present at any assemblage
tending to riot, does not use his
utmost endeavours to suppress the
same ; or
(c) Coming to the knowledge of any
mutiny, rebellion, or insurrection, does
not without delay give information
thereof to an officer of Police, or to a
Justice of the Peace ; or
{d) Assaults a Magistrate, or any
superior Officer under whom he is for
the time being placed ; or
(«) Draws, or ofifers to draw or lift up,
any weapon, or offers any violence
against any such Magistrate or Officer,
shall be g^lty of an offence punishable on
summary conviction; and, being convicted
of any or either of the said offences, shall be
liable to a penalty not exceeding one hundred
and fifty dollars or to imprisonment, with or
without hard labour, for any term not
exceeding six months.



Digitized by VjOOQIC



0ON8TABDLART MANUAL.



257



(2.) A Non-Gommissioiied Officer on
being conyicted of any of the said offences
shall ipso facto cease to he a Non-Gonums-
sioned Officer.

52. Every Non-Oonunissioned Officer or Punishment of



service ofTenoe
by Non-Commis'*-
sioned Ofiicer or
ConsUble.



Oonstahle who—

(1.) Refuses or neglects to serve or
execnte any warrant or process law-
fully directed to be by him. served or
executed ; or
(2.) Is guilty of any neglect or violation

of duty in his office ; or
(3.) Is guilty of any breach of any regu-
lation for which no special punishment
is provided or
(4.) Is guilty of any other misconduct as
a Member of the Force,
shall be liable to be dealt with in the manner
mentioned in the last preceding section^ and
being convicted of any or either of the said
offences, shall be liable to a penalty not exceed-
ing twenty four dollars or to imprisonment,
with or without hard labour, for any term not
exceeding two months.

63.-— (1.) No Non-CommiBsioned Officer or
Constable admitted to serve in the Force on
probation shall be at liberty to withdraw him- *^® Force,
self from the Force until the expiration of the
period of probation, unless he obtains the per-
mission of the Inspector General so to do.

(2.) No Non-Commissioned Officer or
Constable who has enlisted to serve in the
Force shall be at liberty to withdraw himself


1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 21 22

Online LibraryClaude FrancisCriminal Code and Constabulary Manual for British Guiana → online text (page 19 of 22)