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ing or cut down; setting fire to stacks of megass, plantain
leaves, &c. ; attempting to set fire to crops, &c. ; destroying
trees, &c to the value of $10 : damaging estates draining en-
gines; damaging any sea wall or canal dam; injuring a public
bridge ; placing wood on railway with intent to obstruct any
engine, &c. ; killing or maiming cattle ; setting fire to a ship or
vessel ; attempting to set fire to a ship, &c. ; removing or con-
cealing buoys or other sea marks ; destroying wrecks.

3. A charge of felony cannot be finally disposed of by a
Magistrate. A second or third charge can be brought against a



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CONSTABULABY MANUAL. 95

suspected felon, if further and fresh evidence be adduced
justifying such a proceeding.

4. The Police may arrest, without warrant, for all felon-
ies, whether they see the o£Fence committed or not, and it is
the duty of every person present when a felony is committed,
or attempted, to arrest the offender.

FEMALES.

1. The Police are not to idle or gossip with women in the
streets or at the doors of houses.

2. The utmost attention and assistance should be given by
the Police, to ladies in the streets, &c., in regard to the cross-
ing of crowded roads ; a Constable never loses anything by being
civil and polite in the discharge of such duties.

3. The Police should not interfere with persons speaking
to females in the streets, unless annoyance or obstruction is
thereby caused.

4. Any woman wearing male attire in any public way or
place, for an improper purpose, is liable to a fine of ^25. Ord. 17,
1893, sec. 156, and any woman who loiters about or importunes
any passenger for the purpose of prostitution is liable to a fine
offt26. Ibid,

FINDING.

1. The finder of any article, is bound to use every effort
to discover the owner, and he who converts to his own use a
thing found, commits theft, if he knows who the owner is, or
believes he can be discovered.

2. All things found should be taken to the nearest Police
Station, but a Police Constable has no right or power to take
from a person anything found, nor to otherwise interfere
(except in advising that the ai*ticle be taken to some Police
Station) unless he has good reason to believe that such person
intends to commit larceny of the thing found.

3. The finder of goods acquires a special property in them,
available against all the world, except the true owner, he is
bound, however, before appropriating them to his own use,
to take all- means in his power to discover the owner.




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96 CRIMINAL CODE AND

FIRES.

1. On an alarm of fire all the Police possible are at once
to get ready to turn out. Delay may be fatal to life, and it
certainly is dangerous to property.

2. The principal object to be attained by Police at fires,
is the saying of life ; next, the saving of property.

8. The Police should clear the street or ground in the
vicinity of the fire, of all persons not usefully employed as they
are only in the way of those who are working.

4. Every Policeman should make himself acquainted with
the position of all the hydrants and stand pipes in the City. A
good knowledge is absolutely necessary.

5. Special attention should be directed to the movements
of thieves, who are usually among the crowd on the occasion of
a fire, and they should be prevented from going into the burn-
ing premises.

6. It is impossible to lay down any precise rule as to the
bpecial manner in which the Police who first arrive at a fire
may be most usefully employed if they are without apparatus.
But the great and principal object to be attained is to save life,
no matter by what means. Until the arrival of the Fire
Brigade, the Police on the spot should exert themselves in
every possible way for the rescue of persons in danger, and the
removal of property • conformably with the wishes of the
proprietors.

7. On all occasions when there is an alarm of fire, or an
actual fire in the City of Georgeto jvn, the entire control of the
measures to be taken shall be vested in the following persons
in succession in the order in which they are named : —

(a) In the Superintendent of the Fire Brigade ; and in
his absence.

(b) In the Senior Inspector of Police at the time doing
duty in G.T. ; and in his absence,

(c) In the Senior Inspector of Police present at the
scene of the fire or of the alarm of fire; and if no
Inspector of Police be present,

(d) In the Town Superintendent ; and in his absence,
(«) In the Managing Engineer of the Water Works ;

and in his absence,




CONSTABULABY MANUAL. 97

(/) In the Mayor ; and in his absence,

{g) In the PoUce Magistrate ; and in his absence,

(A) In the Asst. Pol. Mag. Ord, 2 oflSU, sec, 3.

8. Every member of the Police Force must obey the
orders of any of the Officers (not being Police Officers) named
in the preceding para. For -wilfully disobeying such orders
the penalty is a fine of ^24. Ibid. sec. 4.

9. Ireatment of Sccddsi — ^Apply a strongly alkaline solu-
tion made with the carbonate of soda, lime or magnesia ; and
enclose the part affected in cotton wool or lint to exclude the
air as far as possible.

Treatment of Bums : — Apply a mixture of sweet oil and
lime-water, or castor oil and collodion, and wrap up the burned
part in cotton wool, or lint or flannel.

FIRE ARMS.

1. Every Police Constable in British Guiana is supplied
-with a Martini-Henry Rifle.

2. Recruits should take care to recollect the names of
the different parts of the rifle as taught them during Drill at
Headquarters.

3. Men cannot take too much pains in preserving their
rifles and keeping them in the highest possible condition.

4. Great care should be taken to protect the foresight
from being bent, blunted or injured in any way.

5. Rifles must not be used for moving or carrying heavy
weights in case the barrels be thereby bent.

6 Placing arms forcibly in a rack, or piling them care-
lessly, will often cause irreparable injury,

7. The best way of preventing the interior of the barrel
getting rusty is to keep it perfectly dry.

8. Rifles are not to be taken to pieces except by Con>
stables who have been properly instructed how to do it, and
not then, unless the services of the armourer cannot be readily
got.

9. For discharging any fire arm, without lawful excuse,
on a public way or place, or within one hundred yards thereof;
or for discharging any cannon, &c. of gi'eater calibre than

G



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98 GBIMINAL CODB AND

ordinary fowling piece (after warning), within 300 yards of a
dwelling house, to the annoyance, Ac. of inhabitant thereof,
the fine is ^25. Ord, 17, 1893, sec, 166.

10. Discharging any kind of loaded fire arm at any per-
son with intent to maim, &o or to prevent lawful arrest, is
felony. Punishment, P.S. for life. Ord. 18, 1893, sec. 60.

FIREWORKS

1. As to discharging fireworks in public places. See
^' Minor Offences*' (36)

FISH.

1. Every person who, unlawfully and maliciously, throws
any substance poisonous to fish into any river, creek, stream,
or sea, or at the mouth of such, for the purpose of taking or
destroying any fish; or who turns or obstructs any river,
creek, stream, or trench for a like purpose, is liable to a fine of
$60. Provided that a Magistrate may allow relaxation in case
of Aboriginal Indian. Ord. 17, 1893, sec. 57.

2. Every person who takes, or destroys any fish in any
water which is in-land, adjoining or belonging to the dwelling-
house of any person being the owner of such water, is liable to
a fine of $100 ; and for taking, Ac, fish in other water being
private property, the fine is ^6. Ibid. sees. 81, 82.

3. The provisions in para. 2 do not apply or extend to
any person Angling * between the beginning of the last hour
before sunrise and the expiration of the first hour after simset ;
but any person who, by Angling at any time other than
l>etween these hours, unlawfully and wilfully takes or destroys
any fish in such water as is referred to in para. 2, is liable to a
fine of $25 or $10 respectively. Ibid. sec. 83.

4. The owner of the water, or any person authorised by
him may seize any rod, line, seine, net, etc., f^om an offender,
and such owner may keep such for his own use ; provided that
the offender if merely Angling is exempt by such seissure
from payment of any further penalty. Jbid. sec. 84. (See
•«* Trespass.**)

* «« Angling ** means fishing with a rod and line.



OOirSTABULABT MANUAL. 99

FLYING KITES.

1. As to kite flying. (See " Minor Offences " (29).

FOOD (ADULTERATION OF).

1. ** Food," as defined in Ord. 14, 1892, includes every
article used for food or drink by man, other than drugs, or
water, not being artificial mineral water ; and drugs include
medicine for internal or external use.

2. No person shall mix, colour, stain or powder (or order,
or permit any other person to do so), any article of food with
any ingredient so as to render such article of food injurious to
health, with intent to sell the same. And no person shall sell
any such article. Fine in either case, ^250 for first offence,
and for second offence 6 months H.L. Ord. 9, 1892, sees. 3 & 5.

3. The provisions in No. 2 are applicable to " Drugs."
Same punishment. Ibid, sec. 4.

4. Any person selling to the prejudice of a purchaser any
food or drug, not of the nature, substance, or quality demanded
by such purchaser, is liable to a fine of $50. Ibid, sec, 6.

6. Any Police Constable may procure any sample of food
or drug, or may procure at the place of delivery, any sample of
milk in the course of delivery, if he suspects such food, drug,
or milk to be adulterated. Any person exposing or offering
for sale, or having power to sell* or having the charge of any
such food, drug, or milk, refusing to sell to the Police any
quantity required for the purpose of analysis, is liable to a
fine of $50. Ibid. sees. 19 & 20.

6. Any Police Constable purchasing any food, drug or
milk for analysis shall, after the purchase is completed, notify
the seller or his agent of his intention to have the same
analysed, and shall divide such article into three parts, in the
presence of the seller or his agent, marking and sealing up in
any convenient manner, each part. One part then is to be
given to the seller, one part to the Government Analyst, and
one part retained by the Police. Ibid. sec. 21

7. Every person who wilfully gives a label with any
article of food, or drug sold by him, which falsely describe^
such article sold, is liable to a fine of $100. Ibid. sec. 29.

G*



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100 CRIMINAL CODE AND

8. The following are the regulations made by the
Governor in 1889, with regard to the procuring of food or
4rug8 for analysis : —

(a) Samples of milk should be forwarded whilst fresh,
and if possible before 12 o'clock noon.

(6) Paper wrappers alone must not be used for pre-
serving and forwarding samples, but any convenient
and clean bottles, pots or tins, that can be securely
closed and sealed, may be employed.

(c) The portion of an article left for analysis should not
bear the name and address of the seller, but should
be distinguished by a number or letter with the date
of purchase and initials of the collector or purchaser.

(<Q As articles intended for analysis may require to be
divided into three portions, each of which should be
sufficient for analysis, it is advisable to purchase at
least the quantities hereunder specified : —

Sugar, Flour, Bread, Biscuits 2 lbs.

Butter, Ghee, Lard, Cheese, Tea,*

Coffee, Cocoa, Jams, Confectionery,

Preserves, Arrowroot, Starches,

and Meals

Pepper, Mustard, Curry Powder,Y

Baking Powder. )

Milk and Oils 1 Pint.

Spirits, Wines, Beer, Cider, Vinegar,'^

Molasses, Bitters, Liqueurs, and V- 1 Bottle.

Fruit Syrup )

Sauces and Pickles 1 Bot. or Jar.

Aerated Waters and Beverages 3 Bottles.

Common and Crude Drugs 2 to 8 ozs.

Bare and Refined Drugs 1 to 2 ozs.

Liquid Medicines, Mixtures and) ^^

Tinctures .7. I ^^ ^^«-

Tinned Provisions 1 Tin.

FOOT MARKS.

1. A foot mark should be compared by making a new
Impression by the side of it, not by putting the boot or shoe
over it.



8 ozs.



2 ozs.




CONSTABULABT MANUAL 101

2. A cast may be taken of a foot mark in {he following
way: — First heat the ground by holding over it a pan of
burning charcoal, then dust stearic acid into the print and
allow it to solidify, afterwards running moistened Plaster of
Paris into it and allowing it to dry.

3. A cast of a foot mark cannot be produced in evidence,
but it may be usefully employed in assisting in the detection
of a crime.

4. Great care must be taken that a foot mark is not
trampled in or obliterated by rain, and as soon as it is dis<^
covered it should be carefully covered over until finished with,

FORCIBLE ENTRY OR DETAINER.

1. Forcible entry or detainer is where possession is takeit
or kept of either a house or land, with such number of persons-
and show of force as is calculated to prevent resistance, and ta
deter the rightful owner from repelling the wrong-doers, and
resuming his own possession. The offences are misdemeanours.
Punishment, impr. 2 years, (hd, 18, 1893, sees. 324-5.

2. The Police, in pursiut of an offender, are justified, ia
urgent cases, in breaking into a house, if, after making known,
their official character, they are refused admission.

FRAUD.

It is difficult to give a definition of what constitutes frauds
as the circumstances to which that word would apply are so
numerous, but it may be said that, whenever a person by
wilful misrepresentation induces another to part with his
rights on the belief that such representation was true, he ia
guilty of the offence. (See " MUaemeanf'urs "

FURIOUS DRIVING.

(See «* Minor Offences,*" 12 and 13.)

FURNITURE—REMOVING AT NIGHT.

(iSee »* Carts,'' para. 11.)




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102 CBIHIHAL CODE AUD

GAMBLING.

See " Card Playing" and " Vagrancy."

GAMING HOUSES.

1. A " common gaming house ** is a house kept or used
for playing therein at any game of chance. The keeping of
such is a misdemeanour, punishable summarily. Fine ^250 or
imprisonment for 6 months. Ord. 17, 1893, sec. 173.

2. A magistrate may, on the oath of any credible person,
authorize by warrant, any Police Constable to enter any sus-
pected common gamiog house, and to take into custody and
seize all persons, tables, instruments of gaming, and all money,
Ac. , found therein. Such persons are liable to a fine of ^50 ;
and all property seized shall be forfeited. Ibid, sec, 174.

8. Any person obstructing a Police Constable authorized
as in No. 2, is liable to a fine of $100 or imprisonment for 8
months, tbid, sec. 176.

4. The proof of the character of a common gaming house
is (until the contrary is proved), (a). That a bank is kept by
one or more of the players exclusive of the others ; (6.) That
the chances of game played are not alike favourable to all the
players, including the banker, or other person by whom the
game is managed ; or against whom the other players stake,
play or bet ; (c.) Where any cards, dice, balls, counters,
tables or instruments of gaming are found in a house ; (d. )
Where any Constable duly authorized, is wilfully obstructed,
either by force or other means, from entering the place. Ibid*
sec, 175.

5. The greatest precautions should be taken in executing
a warrant for this offence. It must be done with sufficient
force not only to seize the money, &c., and to prevent all exit,
but also to render futile any idea of resistance on the part of
excited players. Every duty should be assigned before entry ;
60 many for the doors and windows, and certain officers to seize
the money, &c. Nothing should be left to chance in carrying
out such a duty. (^8ee " Lotteries")



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COXBTABOLABT UAmVAL, 103

GOLD.

1. Any Constable or Officer* who has reasonable cause to
suspect that any person is unlawfully in possession of, or re-
moving any raw* gold, may stop and examine such person, or
any cart, vehicle, or vessel, under the control of such person,
and if any raw gold be found it may be seized, together with
the conveyance, Ac, and such person may be arrested and
taken before a Magistrate. OrJ. 3, 1887, sec. 9. (5ee para-
graph 6.)

For the purposes of search, &c., the person suspected may
be taken to nearest Police or Gold Station. Ibid. sec. 12.
Female to be searched by female. Ibid.

2. Any Constable or Officer may obtain, on reasonable
suspicion, a warrant from a Magistrate or J.P. to search any
place whatsoever wherein any raw gold is supposed to be in
the unlawful possession of any person. Ibid. sec. 11. (^See
paragraph 6.)

In a Gold District* no warrant is required by a Govern-
ment Officer, who can authorize a search in writing. Ibid.
{See pa/ragraph 4. )

8. The unlawful possession of raw gold is punishable by
a fine of ^00, payment as Court directs, or imprisonment 6
calendar monies. Ibid. sec. 23. The actual possession is
not necessary, so long as it is in accused's power or under his
control. Ibid, sec. 7

4. To ascertain if a person is in the unlawful possession of
raw gold, a Government Officer may : —

(a.) In a Gold District, demand production of all raw

gold in *any person's possession,
(b.) In a Gold District, cause a person and every thing
in his possession or under his control (in his pre-
sence) to be searched,
(c.) As in (h) anywhere in Colony, if such person has,
within 7 days, come from Gold District.
Raw gold found may be seized, and person arrested and
taken before Magistrate. Jbid. sec. 10.

* See " Interpretation of Terms and Expressions."



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104 CRIMINAL CODE AND

5. Any person who, by himself or another, unlawfully
obtains, conveys, or disposes of any raw gold, is liable to
punishment as in paragraph 3. Ibid, sec. 22.

6. All raw gold seized, is to be forwarded or conveyed
under care of a responsible person, as soon as possible, to the
Magistrate of the District in which it was seized ; the Magis-
trate will provide for its safe custody. Ibid, sec. 14.

GOODS REMOVED.

1. The Police may stop and detain until due enquiry can
be made, all carts and carriages which they shall find employed
in removing furniture between the hours of 6 p.m. and 6 a.m.
if they have good grounds for believing such removal is being
made for the purpose of evading the payment of rent. Ord. 4,
of 1846, sec. 10.

GOSSIPING.

1 The Police on duty are forbidden to gossip or idle with
each other.

2. There is no practice more harmful to the police ser^
vice, than for Constables to gossip to strangers about matters
of duty. Idle rumours are readily magnified into positive facts,
and passed from one to another, imtil they, in many instances,
produce great harm as much to individuals as to the adminis-
tration of justice.

GRATUITIES.

1. No ffratuities are to be received by the Police without
permission of the Ins. Genl. or an Insp.

2. Any failure to report a gratmty will, if its gift is dis-
covered, entail severe punishment.

GUILTY KNOWLEDGE.

A person is deemed to have a guilty knowledge, when he
does an act that he knows is contrary to law, and is likely to
produce a result he desires to attain.





COMSTABDLART MANVAL. 106

GUNPOWDER.

1. Persons removing gunpowder without a permit from
an Insp. of Police may be summoned, and if such removal
tends to cause an explosion or fire in or about any Store, Har«
hour, or Wharf ; or in or about any plantation or building
thereon ; or in or about any carriage, ship or boat the person
may then be arrested and the gunpowder seized by the Police
under Ord. 10 of 1889, see's 2Q and 35, ['' Explosives "* PosW]
Fine ^100, and forfeiture. Police have same powers as regards
removal of all other explosives. {See " Carts *^

2. (a.) Unlawfully and maliciously injuring any person
by the explosion of Gunpowder or other substance ; or, (6.)
Attempting to do so, are felonies. Punishment, (a.) P.S. for
life.— (6.) P S. for 14 years. Ord. 18, 1893, sees. 68—9.

GUNS.

1. The Police may seize and detain any gtm or revolver
or other fire arm which they see any unauthorized person
carrying or using without a licence. They must however de-
mand production of licence first. Ord, 2, of 1861, sec» 27.

2. The name and address of the person from whom
seizure is made may be taken, but arrest is unlawful.

Note. — ^Police may prosecute.



HACKNEY CARRIAGES.

1. The driver of every H.O. shall wear his badge on his
right arm so that it may be plainly seen. Fine in default ^.
Ord. 4, 1866, sec. 8.

2. The driver of H. C. is to take all property left in G. to
the Brickdam Police Station within 24 hours, unless such pro-
perty be sooner claimed by the owner. Penalty in default,
imprisonment 3 months, or fine $20. IHd. sec. 10.

3. For exacting and receiving more than legal fare, fine
$5. Ibid. sec. 14.



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lOS CRIMINAL CODE AND

4. Being intoxicated while driving,, or by wanton or
furious driving, or wilful misconduct injuring or endangering
any person or property. Penalty, as in No. 2. Ibid, sec. 16.

5. Number of persons to be carried in H.G., including tbe
driver, one horse, 4 ; two horses, 6. Penalty for breach,
^. Ibid, sec 6.

6. Refusing to drive to any place in Gfeorgetown or
within one mile thereof ; not driving at a reasonable and proper
pace ;* refusing to carry a reasonable amount of luggage, are
offences. Fine, ^10 Ibid, sec 16.

7. All drivers of H.G. when unemployed, to take places
on the stands for H.O Not more than 10 on one stand. Police
to see these provisions strictly observed. Penalty for breach, ^.
Ibid. sec. 19.

8. Complaints may be preferred by any Police or Town
Constable, or any person interested Ibid. sec. 20.

9. In addition to the aforesaid punishments, the Magis-
trate at his discretion can suspend a driver's licence for 4
months. Ibid. sec. 21.

10. Constables observing any Cab-horse unfit for use, or
any Cab in a dirty or broken condition, should take the
number, note the appearance of the horse, &c., and report the
same on going off duty.

HANDCUFFS.

1. These are not to be used except in cases of necessity,
when a prisoner is desperate, or likely to escape whilst being
conveyed from place to place, or by order of the Court or of a
Magistrate.

2. Convicted felons may, however, be handcuffed at any
time while being taken from S.C.C. to jail.

3. A person taken on suspicion of having committed a
felony cannot be handcuffed except it is necessary to prevent his
escape, or in case he has attempted to escape. (^Wright v.
Court, 6 D. & R. 623 ; 4 B. & C. 596).

* Six miles an hour has been held a reasonable pace in
England.



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CONSTABULABY MANUAL. 107

4. Handcnfifs should be cleaned frequently and be kept in
a dry place. They must be bright and always free from oil or
grease.

5. Prisoners should be handcuffed with the arms across
the front of the body and not with the hands palm to palm.



HANDWRITING.

1. It is impossible to lay down any rule for comparing
handwriting, but attention may be directed to the following
points : —

(a.^ The terminal letters of words.

(b.) The use of peculiar words and phrases.

(c.) The dotting of « i," the crossing of **t," the loop-
ing of «b," « h," and "1," the tails of "g," «q," and «y."

(d.) The manner of dating, of commencement, ending,
and addressing.

(e.) The method of using, and folding the paper.

2. Handwriting should, if possible, be proved by some
person : —

(Ist.) Who has seen the individual, whose hand is in

question, write.
(2nd.) Who has received documents, purporting to be
written and signed by him, in the ordinary course of
business.
(3rd.) Who has received papers, purporting to be
written by him, in answer to documents written by
himself, or under his authority, and addressed to that
pe rson
8. When proof of handwriting is necessary, as evidence of
guilt in any case, such as frauds perpetrated by written com-
munications sent through the post or delivered by a stranger,
the arrest should not be made, until such proof has been
obtained. It may be procured by device, and sometimes by
means of blotting-paper used by the delinquent, which, held
before a mirror, will appear clear.

4. The evidence of an expert on handwriting, will rarely
be taken as conclusive, except in cases of threatening letters.




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108 CRIMINAL CODE AND

HARBOURS.

1. The Police may arrest any person conveying in an


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Online LibraryClaude FrancisCriminal Code and Constabulary Manual for British Guiana → online text (page 8 of 22)