Claude Francis.

Criminal Code and Constabulary Manual for British Guiana online

. (page 9 of 22)
Online LibraryClaude FrancisCriminal Code and Constabulary Manual for British Guiana → online text (page 9 of 22)
Font size
QR-code for this ebook


unregistered boat (not belonging to some ship or ye8sel),passen-
gers or luggage to or from any vessels ; or any person in such
boat who commits a breach of the peace ; or is violent or
disorderly ; or who uses obscene, abusive or prof ane language ;
or any person refusing to leave a vessel when ordered by the
master ; or any person who shall ply for hire with a boat in a
dirty state, or not properly fitted up or not in good repair, or
properly manned ; or any person refusing to convey passengers
or luggage ; or to place in, or take from his boat any such
luggage ; or who by negligence shall injure or destroy or lose
any property entrusted to him for conveyance ; or who shall
disobey any order given by the Harbour Master in the
execution of his duty, under Ord, 4 of 1866, sec, 24.

2. The following are the Bye-Laws made by the Mayor
and Town Council with respect to boats plying for hire in the
Harbour of Georgetown : —

(a) The regulations of Section 24 of Ordinance 4 of
1866 shall apply mutatis mutandis* to every person
(whether the owner or not) actually employed or
working as one of the crew or boatman of or in any
boat plying for hire in the harbour of Georgetown.

(b) Every person (whether the owner or not) when
actually employed or working as one of the crew or
boatmen of or in any boat plying for hire in the har-
bour of Georgetown shall wear on his left arm above
the elbow a badge, with the number thereof displayed
upon it, such as the Mayor and Town Council shall
from time to time determine : and every such badge
shall be registered in a book to be kept by him for
that purpose by the Town Clerk together with the
name and address of the person to whom it is issued
and in case of the loss of such badge a new one may
be issued by the Town Clerk ; and such badge shall
in no case be worn by any person other than the per-
son to whom it was issued.

* See " Interpretation of Terms and Expressions."



Digitized by VjOOQIC



(c) Such persons or boatmen having badges may
exercise their calling at all times, day or night.

(d) No boat plying for hire in the harbour of George-
town shall cfarry more persons including crew or boat-
men and passengers than the Harbour Masters when
registering the license for such boat, shall certify in
writing upon the face of such license that the boat is
fit to carry.

(e) The number of persons which each boat is certified
to carry shall be painted in white letters on a black
ground or in black letters on a white ground of a
length not less than one and a half inches on such
conspicious part of such boat as shall be determined
upon by the Harbour Master as being most suitable.

(f) Every such boat shall be furnished and provided
with such number of boatmen, of oars with the requi-
site fittings for the use thereof, of boat-hooks, and of
life-lines running round the boat as the Harbour
Master shall direct.

(g) The rates or fare chargeable and payable for boat
plying for hire within the limits of the harbour shall
be as follows : —

For hire of boat by distance : —

For one person from any stelling
to any vessel or vica versa ... 24 cents.
„ each additional person ... 12 „
Where the vessel is lying in the

Quarantine ground Double Fares.

For the hire of boat by time : —

For one person for each half

hour or less 48 cents.

„ each additional person for the
whole time during which the
boat is hired ... 12 „

For children whether the boat is hired by time or distance : —
Above three years of age and

under twelve Half Fares.

Under three years Nothing.



Digitized by VjOOQIC



110 CRIMINAL CODE AND

Between the hours of 9 p.m. and
5 a.m. double fares shall in.
each of the above cases be
charg,eable and payable.
For detention at either ship or
stelling whether the boat hired
by time or distance : —
For the first fifteen minutes ... 12 cents,
„ every additional fifteen

minutes or less 8 „

Each passenger to be entitled to .

carry 260 lbs. of luggage free.
For every additional 250 lbs. or

less 24 „

„ every 260 lbs. of merchandise

or less 24 „

Every person who shall ofifend against any of the fore-
going Bye-Laws shaU be liable for every such offence to a
penalty of ^4: provided, nevertheless, that the Magistrate
before whom any complaint may be made or any proceedings
taken in respect of any such ofifence may, if he think fit,
adjudge the payment, as a penalty, of any sum less than the
full amount of the penalty imposed by this Bye-Law.

Note. — Offences against the Regulations for boats plying for
hire may be prosecuted by the Police or by any person ag-
grieved. Offenders are to be dealt with by summons except in
cases of offences mentioned in />ara. 1, for which offenders may
be arrested.

HOMICIDE.

1. " Homicide ** is the killing of any human being. It is
of three kinds, justifiable, excusable, and felonious. The first '
has no stain of guilt ; the second very Uttle ; but the third is
the greatest crime a man can commit against a fellow-creature.
Justifiable homicide is of various kinds, including such as arise
from unavoidable necessity or accident without any imputation
of blame or negligence in the person killing. The general
principal of the law is, that when a crime in itself Capital is





CONSTABULABT MANUAL. Ill

endeavoured to be committed by force it is lawful to repel
that force by the death of the party attempting it. Excusable
homicide is committed either by misadventure or in self defence.
Homicide by misadventure is where a man doing a lawful act,
without any intention to hurt, and using proper precaution to
prevent danger, unfortunately kills another. Homicide in
self defence, from a sudden affray or quarrel, is rather excu-
sable than justifiable. Felonious homicide is an act of a very
different character from the two former, being the killing of a
human creature without justification or excuse. It is divided
into three classes — Murder, Manslaughter and Suicide.

2 A person is not deemed to have committed homicide,
when the death takes place more than a year and a day after
the injury causing it, counting from the day of infliction, in-
clusive. (^See ** Justifiable Homicide.^^)

HORSES.

. 1. The Police may arrest any person seen training,
breaking, grooming or washing horses or other animals upon
any street, foot path, or other public thoroughfare in any
Town under sec. 166, Ord, 17, 1893.

2. Any person may seize and take to the pound any
stallion of two years of age and upwards which is not more
than lij hands* in height, found at large in any place, other
than an enclosed piece. Fine on owner ^24, the whole of
which is payable to the informer, under Ord. 1, of 1877, sees.
3 and 4.

3. The" owner or person in charge of any entire horse,
mule or ass, allowing it to stray or be tied, or to be at large in
any public way or place, is liable to a fine- of ^10. Ord. 17,
1893, sec, 185. As to Larceny, &c. of horses see ** Animals"

HOSTILE WITNESSES

1. Before a witness can be cross-examined by the party
calling him, he must be shown to be adverse, or *• hostile," and
not merely giving unfavourable evidence.

♦ " Hand " is four inches.




dby VJ'



112 CBIMINAL CODE AND

2. The question of allowing a witness to be discredited is
entirely for the Judge or Magistrate, who may allow a prose-
cutor to contradict his own witness upon showing that he had
previously made a different statement.

8. If a witness upon cross-examination as to a former
statement made by him relative to the subject-matter of the
indictment or proceeding, and inconsistant with his present
testimony, does not distinctly admit that he has made such
statement, proof may be given that he did in fact make it ;
but before such proof can be given the circumstances of the
supposed statement, sufficient to designate the particular
occasion, must be mentioned to the witness, and he must be
asked whether or not he has made such statement.

HUSBAND & WIFE.

1. The Police should not interfere in domestic quarrels,
unless there is ground to fear that actual violence is likely to
take place.

2. Neither a husband, nor a wife can give the other into
custody for anything but a personal assault.

HYDRANTS.

(&« " Firet," para, i.)

IGNORANCE OF LAW.

Everyone is held to be cognizant of the law, and ig^norance
of it excuses no one

IMMIGRANTS.

1. The term "Immigrant" is defined as, " any person
** introduced into the Colony, either wholly or in part at the
«* expense of the immigration fund, and includes the children
" of an indentured immigrant."



Digitized by VjOOQIC



OONSTABULARY MANUAL 113

2. The Police may stop any immigrant suspected of being
absent from his Plant. without leave ; if an immigrant so stopped
does not show his ticket of exemption (free ticket) or a pass
signed by his employer, he may, if in Georgetown, be taken to
the Immigration Office, and if in the country, to the nearest
Police Station. If such immigrant be under indenture (bound)
the Police must communicate with his employer, and detain
the immigrant in custody until charged before the S. J.P. of the
Dist. If, however, such employer requires it, the Police must
take the immigrant back to his plant. Ord, 18, 1891, sec. 127.

3. If any immigrant referred to in No. 2 shall wilfully
refuse to give his name, or the name of his ship, or any other
Information necessary for the purpose of identifying him,
either to the Immigration Agent Genl , or to any Police Officer
at a Police Station, he shall be liable to a fine of ^ or 14 days
H.L. Hid. sec. 128.

4. Any person (not being his lawful employer) employing
or knowingly harbouring any indentured immigrant, or inducing
or attempting to induce any such immigrant to leave off work
or quit his plant, against the will of his employer, shall bo
liable to a fine of !J48. Ibid. sec. 130.

5. Any immigrant who shall use or attempt to use (for
an unlawful purpose) any certificate of exemption from labour
or any pass signed by an employer, and which does not refer to
himself shall be liable to a fine of ^24 or 2 months H.L. Ibid,
sec. 209.

6. Any person employing any free immigrant (E. Indian)
before having endorsed on the ticket of exemption of labour
(free ticket) produced by such immigrant, his name and the
date when such certificate was so produced, shall be liable to a
fine of $24. Half fine payable to informer. Ibid. sec. 115.

7 Any E. Indian immigrant attempting to quit the colony
without a passport from the LA.G. shall be liable to a fine of
$24. Ibid. sec. 196.

8. Any owner, master or person in charge of a ship, who
receives or harbours on board such ship any Jj. Indian immigrant
without a passport with intent to carry such immigrant out of
the Colony, is liable to a fine of $100 for each such immigrant.
This charge may be brought any time within 2 years after
commission of offence. Ibid, sec* 197.

H




dby VJ'




114 CBIHINAL CODE AND

9. Any person who shall aid or abet any E.L immigrant
to leave the Colony without a passport is liable to a fine of
$100. Ihid, sec, 198.

Note. — Passports are only good for 14 days from the date
thereof. Ihid sec. 194.

10. Any manager of a Plant, neglecting or refusing to
give to a PoUce Officer a receipt for any indentured immigrant
whom such officer takes back to such Plant, is liable to a fine
of fj^. The receipt to state the time when such immigrant was
so taken. Ibid, sec. 182.

11. Any male E.I. immigrant who threatens to murder,
wound, beat or illtreat his wife, or woman with whom he may
have lived, or desired to live, may be arrested by any Constable
(on satisfactory proof) and detained until a warrant can be
obtained. Ihid. sec. 167.

12. Any S.J.P. may, if he think necessary, order the
Police to convey any immigrant appearing before him in Court
in any proceedmgs, to his Estates' hospital for medical treat-
ment or care. Ihid. sec. 219.

13. Any immigrant discharged from custody or prison
shall, without delay, be conveyed back by the Police to the
Plant, whereon he is under indenture.

14. Ordinary J. P. can remand immigrants arrested under
the Immigration Ord., or for any offence. Ord. 10, 1893, sec. 18.

15. Any person acting in &ifj way as the agent for the
collection or engagement of any person of the labouring class to
proceed to any other colony or place without being licensed
by the Governor is liable to a fine of $96 or 6 months H.L. or
both. Ord. 1, 1864, sec. 4.

INCITING TO CRIME.

1. A person who incites another to commit a crime is
guilty of a misdemeanour, whether the crime is committed
or not.

2. For inciting or attempting to incite a person to com-
mit a felony, (a) punishable with penal servitude for seven
years or more, the punishment is imprisonment for two years.
Ord. 18, 1893, sec. 41 ; (6) or misdemeanour, punishable with
less than seven years, imprisonment one year. Ibid. sec. 40.





GOHSTABaLABT MANUAL 115

8. For attempting to commit, or inciting any person to
commit a summary conviction offence, a person is liable to one
half the punishment prescribed for such offence by the statute
creating such offence. Ord. 17, 1893, sec, 25.

INCORRIGIBLE ROGUES.

1, Every person who —

(a.) Gonmiits an offence which subjects him to be dealt
with as a rogue and vagabond [see that Title], such
person having been previously convicted as such ; or

(6.) While being apprehended as a rogue and vagabond,
assaults or violently resists the Police or Rural Con-'
stable or other person apprehending him, and is
subsequently convicted of the offence for which he
was apprehended, shall be deemed an incorrigible
rogue [see that Title], and be liable to imprisonment
for six months and to whipping or flogging. Ord. 17,
I893,«ec. US

2. Every person who is convicted of being an incorrigible
rogue may, in addition to any punishment imposed under the
preceding section, be required by the Court to enter into a
recognizance, with or without a surety or sureties, to be of
good behaviour for any period not exceeding twelve months,
and, in default, such person shall be liable to imprisonment for
three months, in addition to imprisonment as last aforesaid.
Ibid. sec. 149.

8. On information being laid upon oath before any Justice
of the Peace that any person reasonably suspected to be a
vagrant or idle and disorderly person, or a rogue and vagabond,
or an incorrigible rogue is or is reasonably suspected to be
harboured or concealed in any house, building, or place, it shall
be lawful for such Justice to authorize, by warrant under his
hand, any Police or Rural Constable to enter at any time, by
force if necessary, such house, building, or place, and to appre-
hend and bring such person before a Magistrate to be dealt
with according to law. Ibid, sec, 150.

4. As to Incorrigible Rogues being sent to the <* Alms
House," see that Title. (See also ^* Vagrants" and ^^ Rogues
and Vagabonds'^)

H*




dby VJ'




116 CBIKINilL OOSB AXI> ■

INDECENT OFFENCES.

1 Charges of indecently exposing the person are not to
'be lightly made, especially if there is no improper intention, on
the part of the accused.

2. Every person who, in any public way or place, or in
any house, yard, garden, or other place, open to public view or
public hearing : —

(a.) Uses any indecent or obscene gesture ;
(6.) Exposes his person in an indecent manner ;
(c.) Uses any indecent or obscene language ;
(d,) Sings any indecent or obscene song or ballad, is
liable to a fine of $26. Ord 17, 1893, sec. 168.
A Police or Rural Constable may arrest without warrant,
on view.

3. For indecently assaulting any female the summary
punishment is, imprisonment for six months. Jbid. sec. 29 ;
or indictable, misdemeanour. Imprisonment two years. Old.
18, 1893, sec. 60.

4. Any male person committing any act of gross indecency
with any other male person is guilty of a misdemeanour. Im-
prisonment two years Ord. 18, 1893, sec. 367.

6. Any person doing an indecent act in public or to insult
or offend another, is guilty of a misdemeanour. Imprisonment
two years. Ihid. sec. 360

6 The Police should not conceal themselves for the pur-
pose of watching persons suspected to be about committing an
indecent offence, but they should interfere in any case in which
An act is done to justify it, to prevent a more serious offence
being committed.



INFANTICIDE.

This is the killing of a child after it is born. On an infant
being found dead the questions for enquiry are : — (1.) Age of
the child ; (2.) Was it bom alive, and if so, how long had it
lived ; (3.) Cause of death.





COHSTABUI^RT UAVVXh. 117

INFORMERS.

1. A Police Officer who keeps his own counsel, and does-
not gossip, or divulge confidences, will have plenty of informers.
The great majority of respectable Colonists rightly understand
their own interests, and are glad to render assistance to a Con-
stable whom they can trust.

2. There can rarely be occasion to divulge the name of
any informant, and it should be kept secret, as far as possible,
both in honour and in the public interest. If a Constable is-
asked, in cross-examination, from whom he derived his infor*
mation, he should decline to answer, unless ordered by th&
Judge, and similarly if the name of his informer is mentioned,
and he is asked if the information came from him.



INJURED PERSONS.

1. In cases of accidents or illness in the streets, &c., th»
Police should afford all the assistance in their power.

The following rules should be attended to : — Give air and
prevent persons crowding round the sufferer ; Undo clothing-
round the neck ; Put the body in an upright position with,
the head raised ; Do not annoy or excite the sufferer by asking-
idle questions ; Prevent a broken limb from hanging down ;
Reassure the sufferer and move him as carefully as possible ;
When animation is suspended, endeavour to restore breathing-
(See " Drowning and Suffocation ") ; Obtain medical assist-
ance as quickly as possible. (See " Accidents.")

2. For Concussion of the Brjlin, caused by blows or
falls on the head : Place the patient on his back, with his head
raised, move him to a dark room, keep all quiet about and
apply warmth to his hands and feet.

3. Fob Fbacture of thb Bones. — Reduce the fractured
ends to their normal condition ; if the patient must be moved
before a doctor amves, place the broken limb in splints (thin,
pieces of deal or other light wood make very good rough
splints), as otherwise serious mischief, or even loss of life may
ensue.



Digitized by VjOOQIC



118 CBIMINAL CODE AND

4. For Bubnb and Scalds. — Apply oil and lime-water,
olive or castor oil and wrap injured part np in cotton wool or
flannel, for burns ; and for scalds, apply solution of carbonate
of soda or lime and wrap up as for burns.

6. Fob Sunstroke. — Keep head well raised and apply
cold water to it, remove tight clothing, and do not give stimu-
lants.

G. For Bites op Poisonous or Mad Animals. — En-
courage bleeding by bathing the wound in warm water, cut
round wound with a sharp knife to the depth of a quarter of
an inch ; bum with nitrate of silver or carbolic acid or any
other caustic, and if possible bind string or tape very tightly
round the limb above the injury ; give freely of brandy or other
strong spirit.

7. For Bleeding from Wounds. — If the blood is of a
dark colour, place the injured part higher than the rest of the
body, if it is bright coloured and gushes out in jerks, press the
fingers over the wound to stop the bleeding.

8. For Incised or Contused Wounds. — Wash the
wound with clean water, put the edges together in a normal
position and apply either cold water dressing, or adhesive
plaster. If there is protrusion of internal organs, after wash-
ing carefully, they may be returned gently through the wound.

(See also " Drowning" and " Accidents " and " Poisons")

INJURY TO PROPERTY.

See " Property,*" and « Trees, Plants,"" ^c.

INSANE PERSONS.

1. Every Police Constable may apprehend any insane
person who is found wandering in the streets and not under
proper control, whether such person be a pauper or not.

2. Every person is presumed to be sane and responsible
for his acts, until the contrary is proved.

3. If a prisoner upon trial appears not to understand the
proceedings, evidence may at once be taken on the question of





COKSTABULABT MANUAL. 119

sanity, and if it is fonnd that the accused is insane he may be
detained during the Queen's pleasure ; but if he recovers he
may then be put on his trial for the offence.
See " Lunatics.*'

INTERFERENCE.

1. Police sometimes provoke assaults on themselves, and
incite resistance to their authority, by interference. When
they have to act, they should do so promptly and with deter-
mination, but until then, they must abstain from interfering.

2. Never interfere between a husband and wife unless to
prevent an assault being committed.

INTERPRETATIONS OF TERMS AND
EXPRESSIONS.

1. Words importing the masculine gender include
females ; and words in the singular include the plural, and
words in the plural include the singular. Ord. 14, of 1891,
sec. 2.

2. ** Month" means a calendar month. Ibtd. sec. 3.

3. ** Magistrate'* means a Stipendary Magistrate of this
Colony (B.G.), and includes the P.M. and Asst. P.M. of George
Town, and any S.J. P. Ihid. sec. 6.

4. ** Peace Officer" includes any Magistrate or J. P. and
any Police, Rural or Special Constable. Ibid.

6. " Police " Constable includes any member of the Police
Force. Ihid.

6. * * Days " mean clear days. Ibid.

7. " Day " means 24 hours — Sundays and public holidays
excluded. Ihid.

8. " Person " includes any body of persons corporate or
unincorporate. Ihid.

9. *' Or," ** Other,' and ** Otherwise," shall be construed
disjunctively and not as implying similarity, unless the ex-
pression " similar," or some equivalent expression is added.,
Ihid.



Digitized by VjOOQIC



10. ** Night," or "Night time," means between 8 pjn.
and 5 a.m. Ord, 17, of 1893, sec, 2.

11. '^ Child" means a person who in the opinion of a
Judge or Magistrate, is under 14 years of age. Ibid. sec. 2.

12. " Public Way " means any highway, market place,
square, street, bridge, or other way lawfully used by the public.
Jhid.

13. "Town" includes the City of George Town, the
Towns of New Amsterdam, Bartica, and Morawhanna, and any
village under the village ordinance (No. 6, of 1892), declared
by an order of the 6overnor-in-Oouncil, to be a Town. Hid,

14. " Prison" includes any lock-up, police cell, or other
duly authorized place of detention for persons in custody. Ibid.

15 " Plantation " means any sugar, cocoa, coffee, cotton,
rice, or plantain estate in cultivation, or any two or more
estates if adjacent to each other and managed as one estate, or
any other piece of land in cultivation under one management of
the extent of at least five acres, and includes any cattle or
sheep farm, or any wood-cutting establishment. Ord. 18,
1891, sec. 2.

16. * * Immigrant " means any person introduced into the
Colony either wholly or in part at the expense of the immigra- •
tion fund, and includes the children of an indentured immigrant.
Ibid.

17. "Animal" is defined as any horse, mare, gelding,
colt, filly, bull, ox, steer, cow, heifer, calf, mule, ass, ram,
ewe, sheep, lamb, boar, sow, barrow, hog, pig, goat, kid,* dog,
cat, or any other domestic animal,t whether a quadruped or
not ; and ^' Cattle " includes those to the asterisk.

18. " Unnatural Death." Vide « Coroners Inquests,"
paragraph 9.

19. " Disease " means Cattle Plague, (that is to say,
rinderpest, or the disease commonly called Cattle Plague),
contagious Pleuro-Pneumonia of Cattle, Anthrax, Glanders,
Splenic Fever, Foot and Mouth Disease, Sheep Pox, or Sheep
Scab, Foot Rot.

20. "Judge" includes all persons authorized to take
evidence, either by law or by consent of parties. Or(2.20,1893,sec.2

t Fowls are domestic animals.



Digitized by VjOOQIC



CONSTABUIiABY MANUAL. 121

21. "Coasting Vessel" means any vessel, ship, or boat,
trading or travelling, between one part of the Colony and
another. Ord. 1, 1885.

22. " Inter - Colonial Vessel" means any vessel, &c.,
travelling between this Colony (B.G.) and any neighbouring
territory or colony* which the Governor from time to time, by
proclamation, shall, for the purposes of this Ord, [Prevention
of Crimes!, declare to be a neighbouring territory or colony.
Ibid.

23. ** Mutatis - Mutandis " means, with the necessary


1 2 3 4 5 6 7 9 11 12 13 14 15 16 17 18 19 20 21 22

Online LibraryClaude FrancisCriminal Code and Constabulary Manual for British Guiana → online text (page 9 of 22)