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t As to care of animal, etc., when person in chaige is
arrested, see * Carts," paras 12 and 13.




4. Any x>er8on who conreys in any cart, boat, &c. , an
animal in snch a position or manner as to subject it to onneces-
sary paiD, is liable to a fine of $15. Ihid, sec. 195.

5. Any person using or permitting to be used, an animal,
delivered to him to be destroyed, is liable to a fine of $10 for
every day on which such animal is used. Ihid. sec. 196.

6. For torturing an animal required to be killed for any
purpose, a person is Uable to a fine of $25. Ihid. sec. 197.

7. For wilfully and unlawfully administering a poisonous
or injurious drug or substance (without just cause, and without
authority of the owner) to any animal, a person is liable to a
fine of $25; second offence, 8 months* imprisonment. Ihid.
sec. 198.

8. Any person who shaU' unlawfully and maliciously kill,
maim, or wound any cattle,* is guilty of felony. Punislunent,
P,S. 14 years, Ord. 18. 18d3, sec 129. If the value of the
animal, or damage done to it is under $25, summary punish-
ment : imprisonment 6 months, Ord. 17. 1893, sec. 60.

9. Every person who, after two summary convictions for
such ofifence, unlawfully and maliciously kills, maims or
wounds any dog, bird, beast or other animal (not cattle) which
is either the subject of larceny, or which is ordinarily kept in
a state of confinement or for domestic purposes, is guilty of
misdemeanour. Imprisonment 1 year, Ord. 18. 1893, sec. 128.
For a first oflFence, fine $100 ; and a second offence, imprison-
ment 6 months. Ord. 17. 1893, sec 68.

10. Every person who unlawfully catches, takes or drives
any cattle from or out of any pasture, etc., for the purpose of
using the same in any way without the consent of the owner,
is liable to a fine of $50. Ord. 17. 1893, sec'. 59.

11. Every person who, unlawfully and wilfully kills,
wounds, or takes any house-dove or pigeon under circumstances
that do not amount to larceny, is liable to a fine of $10. Ihid.
sec 80.

12. For stealing, or wilfully killing, with intent to steal,
the carcase, skin, or any part of any bird, beast, or other
animal not defined {see " interpretation of Terms and Expres-
sions^), but ordinarily kept in a state of confinement, the

* See " Interpretation of Terms and £xpressione."



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CONSTABULARY MANUAL. 33

ptinisliinent is, for a first offence, fine $50, or impr. 3 months ;
second or subsequent offence, impr. 6 months. Ibid. sec. 85.

13. Every person who steals, or wilfully kills with intent
to steal, the carcase, skin or any part thereof, any cattle of
value not exceeding $25, is liable to six months* impr. sum-
mary. Second offence indictable. IMd. sees. 87-88.

14. For an offence (as in para. 13) where the value of the
animal exceeds $25, or if of less value, where, from circum-
stances of aggravation attending the larceny, etc., the accused
is indicted, the punishment is P.S. 14 years. If the offence
refers to any goat, kid; boar, sow, barrow, hog or pig, P.S. 3
years. Ord. 18. 1893, sees, 184-5-6.

16. For throwing, placing, or leaving unburied, on or
near any public way or place, or in any public trench or canal,
the carcase of any dead animal or part thereof, the fine is $15.
Ordl7. 1893, «cc. 187.,

16. For possession of any animal or part of any animal,
under circumstances of suspicion, and where the accused does
not satisfy the Court as to his lawful possession, the punish-
ment is fine $100, or impr. 6 months. Ibid. sec. 97.

ANONYMOUS LETTERS.

No anonymous letter should be entirely disregarded.
Sometimes very useful information is received from anonymous
correspondents, and unless enquiry is made it is impossible to
say whether their communications are of value or not. The
envelopes of such letters should always be kept. (^See *^Hand'
writing,**)

APPLICATIONS.

1. Applications made by N.O.O.'s or Constables on any
subject, must be transmitted through the Inspectors to the
Inspector General; and in forwardmg them, Inspectors will
make such remarks as the matter appears to require.

2. Applications for promotion are forbidden to be made.
(See ^* Promotion.*^

APPREHENSIONS.

1. The Police are hot to apprehend or interfere with any
person unless some specific act in contravention of the law has





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84 CRIMINAL CODE AND

been committed. It is a serious thing to deprive a person of
his liberty, and great discretion should be exercised in arresting
for trifling offences.

- 2. When once a person has been apprehended he must be
taken before a magistrate. In rare cases, however, such as
wrongful arrest, mistaken identity, &c., a person may be
released by the Police ; every such case to be inmiediately
reported to the Inspector. (&e " Arrests.")

ARGUMENT.

There is nothing a Police Constable should more studi-
ously avoid than argument. It rarely convinces, and often
irritates people who have some real or imaginary grievance.
Suggestions should be courteously received and freely invited,
for they will often prove of value, and if they do not, it does no
harm to hear them uttered, while it gives satisfaction to the
other party to have an opportunity of expressing his opinion.

ARRESTS.

1. Using loud words in the street, though disorderly, is
not an offence for which a party should be taken into custody.
(« Hardy v. Murphy," 1. Esp. 296.)

2. If a constable is preventing a breach of the peace, and
a person stands in his way to hinder him, such person may be
arrested, but not struck or pushed. (^Levy v. Edwards, 1, G.
&P. 40.)

8. The Police may justify an arrest on a reasonable
charge of felony, without a warrant, although no felony has
actually been committed. (Samuel v. Payue, 1, Doug, 359.)

4. If a reasonable charge of felony is made against a
person who is given in charge to a Constable, the Constable is
bound to take him ; although the charge may afterwards turn
out to be unfounded there is no action against the Police.
(Davts V, Russell, 2, M. & P. 690 ; 6, Bing. 354.)

5. A Constable is not justified in apprehending a person
as a receiver of stolen goods on the mere assertion of the
principal felon. (Ftsher*8 Com, L. Digest, 1884, p. 2416, vol.
2, and 2 Stark, 167.)





CONSTABULARY MANUAL. 3&

6. A person arrested must be taken by the direct road
to the lock-up. If he be sent extra viam (t.e, out of the way),
it is a trespass against his person. (Fisher^s Com. L, DigesU
1889, p. 2418, vol. 2.)

7. A private person cannot arrest and give in charge of a
Policeman, without a warrant, a person who has been engaged
in an aflFray unless the aflfray is still continuing or it is thought
that the person intends to renew it. (^Morris v. Wise, 2 F. dr
F. 61.^ See para 23.

8. All arrests should be made quietly, without attracting^
attention, or subjecting the prisoner to any needless exposure,
humiliation or severity. Arrests should never he made on tele*
grams from private persons.

9. If an arrest is by warrant it must be read over to the
prisoner as soon as possible, or on demand, if the constable has
it in possession.

10. A mere touching by an officer, through a broken
pane of glass even, is an arrest, and justifies forcible entry and
seizure of the person so arrested. Q^ Moscoe^s Ntsi Prius
Evidence,'' p. 841 vol. II. 16th, Ed.)

11. The Police may arrest anyone whom they have just
cause to suspect to be about committing a felony.

12. If a prisoner escapes he may be retaken, and in
" hot ** pursuit of him he may be followed into any place or
house. It matters not with what offence he is charged. No
place affords protection to offenders against the criminal law,
and they may be arrested anywhere, and whoever they
may be.

13. Any person may arrest, without warrant, a thief with
stolen goods in his possession, or any person found committing
an indictable offence, or who is found in possession of property
reasonably supposed to be the proceeds of an indictable offence.
And any person whatsoever may, and if he can, shall, arrest
without warrant any person who offers to sell, pawn, or deliver
any property (which is to be taken possession of by party
arresting), which upon reasonable grou'^ds is suspected to have
been, or to be, the subject of some indictable offence. In any
of the foregoing cases the person airested must be handed over
to some Constable as soon as possible. Ord. 23, 1893,
sec. 205.

C*



36 CRIMINAL CODE AND

14. A Constable not known to be such, should, on
arresting an offender, make himself and his office known : also
the canse of arrest.

16. Doors may be broken open by a Constable or any
private person where a felony has not been committed, but is
likely or about to be committed, in order to prevent its taking
place.

16. The Police having reasonable suspicion that a man
• has committed a felony, may arrest him. Beasonable or

justifiable grounds are :— (a) The common fame of the country ;
(b) Living a vagrant, idle, disorderly life without any visible
means of support ; (c) Being in company with known offenders
at the time the offence was committed, or at other times ; (d)
Being found under circumstances inducing a strong presump-
tion of guilt ; («) Behaving in such a manner as to betray a
consciousness of guilt, as by making no answer when charged
with the offence, or absconding.

17. Having effected an arrest a Constable has no power
of dealing with a prisoner otherwise than by taking him before
a S.J.P. He has no personal power of discharging the prisoner
(except in the case of wrongful custody of an entirely innocent
person, when further detention would be illegal), but having
taken a suspected person into custody, he must convey him
before the nearest S. J.P.

18. Arrests can be made by m'ght or by day, and also on
Sundays, for any offence for which the Law authorises
arrest.

19. There is an important distinction in the powers of
arrest between felonies (which see) and misdemeanours (which
€d80 see). As has been said before, in cases of felony, the
Police may arrest without a warrant on a reasonable suspicion
of a felony having been committed ; but not so in misde-
meanours. As a general rule, an arrest cannot be made for a
misdemeanour without warrant, unless it appears necessary to
insure the offender being taken before the magistrate ; i.e., if
he is not known and his name cannot be ascertained so that he
can be summoned or arrested on a warrant. In misdemeanours,
the Police will always do right by protecting themselves with
a warrant. Of course, if the offender is likely to abscond then
he should be arrested ; but immedicUely after an arrest under



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CON8TABULABT MANUAL. 37

such circumstances the prisoner must be taken before the
.nearest J.P. to be bailed or remanded. (See ^^BaiL")

20. Mere -vs-ords do not constitute an arrest for which a
person, in case of subsequent escape, can be retaken without
warrant. The Constable must lay bands on the person arrested,
and he should then say <'Iama Police Constable; I arrest
you in the Queen's name for" — (naming the ofiFence).

21. If a Policeman finds he cannot effect an arrest with>
out assistance, he should warn some of the bystanders to help
him, and anyone refusing to assist in a legal arrest is guilty of
an indictable misdemeanour.

22. In arresting, a Constable should use no more violence
than is necessary to secure his prisoner; but he may repel
force by force, and if the prisoner, whilst resisting the Constable
in the lawful execution of his duty, be killed, it will be justifi-
able homicide only; indeed, it is said that a Constable may
kill ajelon to prevent his escape, or if he cannot otherwise be
taken. (See '* Justifiable Homicide")

23. A private person may arrest without a warrant on
view of a breach of the peace, and before the affray is over,
and deliver the offender to a Constable. (Stone's Justices*
Manual, p. 119, 24th Ed.) See ** Stations/' para. 6.

24. A Justice of the Peace has the same power of arrest
as a Policeman without a warrant.

25. A person found committing an offence against the
person or property which is punishable on summary conviction
may be arrested by any Constable, without warrant, or by the-
owner of the property, his servant, or any person authorised
by such owner. If the arrest is not by a Constable, then the-
person arrested must, as soon as possible, be handed over to suf h
an officer. Ord. 12, 1893, sec, 70. There is nothing to prevent
a private person who has arrested another, in the absence of a
Constable, from taking or sending him to the nearest lock-up,
but if on the way a constable is met, the prisoner must, bd
handed over to him.

26. A private person present, when a felony is committed,
or even attempted, is not only authorised but bound at Common
Law to arrest the felon, on pain of fine and imprisonment, if
the latter escape through his negligence.



^8 CRIMINAL CODE AKD

ASSAULTS.

1. In cases of affrays in the streets or on the roads,
.tissaiilts on the Police, attempts to rescue prisoners, or resist-
ance to the Police in the perfomiance of duty, persons need not
be taken into custody at the time if they are knoum and can "
therefore be summoned or arrested on a warrant.

2. When the residences and names of persons are known,
it can rarely be proper for the Police to arrest them during the
excitement of an affray or disturbance. This does not apply
where it is necessary to arrest in order to put an end to a dis-
turbance or prevent an act of violence being committed.

3. The Police must not interfere unnecessarily between a
man and his wife who are quaiTelling. They may do so how-
ever to prevent serious violence being committed.

4. Charges prefen-ed by Constables of assaults on them-
selves should be discouraged as much as possible ; especially
when they are trifling.

5. The police cannot arrest for assaults not committed
in their view, except where there is evidence of wounds or
injuries by which they may judge that a serious or aggravated
assault has taken place.

6. In any case of common assault on Police, the District
Inspector should be informed at once. Prosecutions under
Ord. 10 of 1891, sec. 86, rPost) Punishment, fine $100 or
imprisonment 3 months, or Ord. 17 of 1893, sec. 33, fine $100,
or imprisonment 6 months. If the assault is serious, it is an
indictable misdemeanour, imprisonment 2 years, Ord. 18 of
1893, sec. 61.

7. A person charged by another with having committed
an indecent assault, an unnatural crime, or rape, is to be
arrested.

8. The Police cannot arrest for a common assault they
do not see committed.

9. A Constable may arrest for an assault recently com-
mitted and which he saw committed. Fishers Com, L, Digettt^
1884, P. 2415, vol 2,

10. A Police Constable may prosecute any person who
unlawfully assaults or beats any other person, although he did



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CONSTABDLAKY MANUAL. 39

not see the assault committed.* Fine $25 or imprisonment
2 months, Ord, 17. 1893. sec, 26.

11. A Policeman may also prosecute* for any assault or
battery on a male child, or upon any female of any age If the
assault be of an aggravated nature, fine $100, or imprisonment
6 months (Ibid. sec. 27.)

12. An assault is an attempt to do a corporal injury to
another, coupled with a present ability, or any act, or gesture
from which an intention to commit a battery may be implied.
jRoscoe^s Nisi Prius evidence , page 83, vol. 2. Ibth. Ed.

13. A Battery, which always includes an assault, is the
actual doing an injury, be it ever so small, in an angry, or
revengeful or rude or insolent manner. To throw water upon
a person is a battery. It is not essential that the assault
should appear wilful ; it is enough if it be merely negligent.
Ibid.

14. A common assault is punishable by fine of $25, or
imprisonment 2 months. Ord. 17. 1893, sec. 26.

15. An assault with intent to resist lawful arrest, or with
intent to rescue any person from lawful custody, is punishable
by fine of $100 or 6 months. Ibid. sec. 33 ; or indictable mis-
demeanour. Imprisonment 2 years. Ord. 18. 1893, sec. 51.

16. Any person who assaults, obstructs, or resists any
person in the lawful execution of any process issued out of a
Magistrates' Court, in respect to any property, punishment as
in 16, Ibid.

17. Every person who, assaults any Judicial Officer, or
Minister of Religion acting in the execution of their duties;
or assaults any person with any deadly or dangerous instru-
ment or means, is liable to a fine of $100, or imprisonment
6 months ; or for second similar assault within 2 years, 9 months
imprisonment. Ibid. sec. 34.

18. An assault with intent to commit felony is a mis-
demeanour. Imprisonment, 2 years. Ord. 18. 1893. sec. 51.

19. Assaulting and causing actual bodily harm, or
wounding or inflicting grievous bodily harm, are indictable
misdemeanours. P.Si five years. Ibid., sees. 54 & 55.

♦ The power to prosecute is given under sec. 79 of Ord. 10.
1891, (Post).



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40 CRIMINAL OODB AND

In cases where the injuries are not very serious, these offences
are triable summarily. Imprisonment. 6 months. OrcL 17. 1893,
sees. 35 & 36.

Neither "grievous bodily harm'* nor " actual bodily harm "
need be an injury of & permanent or dangerous character : it is
sufficient if the hurt or injury is bad enough to seriously
interfere, with the health or comfort of the prosecutor.

20. No words or provocation can justify an assault, they
can only mitigate the penalty.

ASSISTANCE TO POLICE.

1. If unable to effect an arrest alone, a Police Constable
may call on any person to assist him, by saying, " I call upon
**you, John Jones, in the Queen's name, to assist me in the
" execution of my duty as a Police Officer to convey this
** person to the Police Station." A person refusing without
lawful excuse or physical impossibility is guilty of a misde-
meanour. Imprisonment 1 year. Ord. 18. 1893, sec. 28.

2. A person who refuses to assist a Peace Officer in
arresting for offences committed in a Proclaimed District,
is liable to a fine of $50. Ord. 17. 1 893, sec. 131.

ATTEMPTED CRIME;

1. An attempt to commit a felony not punishable with
penal servitude for seven years or more, or any misdemeanour
(unless otherwise provided for) is a misdemeanour. Punish-
ment, 1 year's Imprisonment. Ord. 18. 1893. sec. 40.

2. An attempt to commit a felony punishable with P.S.
for 7 years or more is also a misdemeanour. Punishment.
2 years imprisonment. Ibid. sec. 41.

3. An attempt is, " an abortive or frustrated effort," and
can only be when there is such a beginning as if unintermpted
would end in the completion of the act.

ATTENTION.

1. When the Inspector General, or an Inspector
enters a Room at a Station, the PoHce in the room





CONSTABULABT MANUAL. 41

are to come to '* atterition." The first man who sees any of
these Officers approachhig is to give notice to the others by
calling out '* attention/' in a voice sufficiently loud to be heard
by all present.

2. The men so called to " attention," will remain in that
position, until told to sit down or proceed with their business.

8. All members of the Police Force should stand at
" attention," whilst giving evidence in any Court of Justice, or,
whilst being addressed by the Judges or Magiutrates, either in
or out of Court.



BAIL.



1. If a person is taken into custody without warrant for
a summary conviction ofiFence and it is not practicable to bring
him before a Magistrate within twenty-four hours after he is
arrested, any Officer of Police or Non-Commissioned Officer of
Police, shall* inquire into the case, and, except where the
offence appears to such Officer or Non-Commissioned Officer to
be of a serious nature, shall discharge the prisoner, upon his
entering into a recognizance, with or without a surety or
sureties, for a reasonable amount t to appear before the Court
at the time and place specified in the recognizance. Ord. 12,
1893. sec. 71.

2. If prisoners in custody for a bailable offience wish to
send for bail and they are willing to pay for a messenger or
telegram being sent, the officer in charge of a station is to take
the necessary steps at once.

3. If Magistrates request it, the Police will make the
necessary enquines as to the persons offering to become bail.

4. A person on bail is a free a^ent until the day to
surrender, or unless his surety has reason to fear that he is
about to abscond, when a warrant should be obtained or he may
be detained in urgent cases by such surety, or any Police
Constable, without warrant.

* Compulsory, f Say, $10 to $50, according to the gravity
of the office and the probable punishment.




42 CRIMINAL CODE AND

5. The priRoner must sign the recognizance as well as the
surety or sureties, unless the accused be a married woman or
an infant,* when bail will only be taken from the sureties.

BAILEES.

1 . A bailee is a person to whom goods, &c. are entrusted for
some certain purpose, and if he converts or applies them to
another purpose for his or some other persons* benefit and with
intent to defraud the owner, it is larceny or theft.

2. Larceny by bailee of any chattel, money or valuable
security exceeding $25 in value or amount, is punishable with
3 years penal servitude. Ord. 18 1893. sees, 173-4. When the
value or amount does not exceed $25. the offence can be dealt
with summarily and is punishable by a fine of $150. or impr.
for 6 months. Ord. 17. 1893. sec. 72.

BATHING IN PUBLIC.

1. A person not being properly clothed bathing in the
day-time in any sea, river, creek, trench, canal or other place
near to or in sight of any public way or place may be arrested.
Penalty, fine $10. Ord. 17. 1893. sec. 167.

2. A person bathing in any part of the Lamaha Canal
may be arrested under sec. 34. Ord. 2, 1890. {See ^* Indecent
offences."")

BEATS.

1. Constables are to walk their beats at a uniform rate
of 2 miles an hour and they are not to loiter or gossip. They
should be active and attentive to their duties.

2. Constables may leave their beats only to act in cases
of fire, accidents, and such like occurrences, and they are to
return as soon as possible.

3. If persons be seen carrying parcels, bundles, &c. at
unreasonable hours in the night, and if the circumstances are
suspicious, the parcels, &c. may be searched by the Police,
but no unnecessary delay or inconvenience is to be caused
thereby to the persons.

• A person under 21 years of age.

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CONSTABULARY MANUAL. 43

4. The Constable is responsible for the security of life
and property within his beat, and the preservation of peace
and general good order during the time he is on duty. He
must make himself acquainted with all parts of his beat.
When going round at night, he should carefully examine all
premises and see that the doors, windows, Ac. are secure.

5. A Constable on beat should not enter any house
except in the execution of his duty, nor should he engage in
conversation with any one, except on matters relating to duty.

6. In case of a house taking fire, the Policeman detect-
ing it must immediately alarm the occupants, and, if unable
otherwise to attract attention he may break open the
doors or windows so as to awake and save the lives of the
inmates

7. If a constable is obliged to leave his beat, he should
if possible give notice to the man on the adjoining beat.

8. A Constable taking over a beat at night must make a
minute inspection of premises, in case any may be insecure.
He should be vigilant to detect any burglary or attempt at
the same, (See ^* Thieves")

9. When answering any questions which may be put to
him by strangers or others making enquiries, a Constable
should deport himself with the greatest civility and attention.

BEGGARS.

1. Every person placing himself, or wandering or loitering
abroad in any public way or place, or intruding in any private
premises after being lawfully ordered to depart, and using any
means or device to induce the bestowal of alms, on him or her,
or causing or procuring another person so to do, may be
arrested. Penalty $26 or impr. 1 Month. Ord. 17. 1893.
sec. 144.

2. The police may arrest any person found lodging in any
place whatsoever without leave of the owner, occupier or
person in charge, and not giving a good account of himself or
not having any visible means of subsistence. Penalty as in
No. 1. Ibid,

3. Every person able by labour or other lawful means,


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