Straits Settlements.

The acts and ordinances of the Legislative council of the Straits Settlements, from the 1st April 1867 to the 7th March 1898 .. online

. (page 34 of 98)
Online LibraryStraits SettlementsThe acts and ordinances of the Legislative council of the Straits Settlements, from the 1st April 1867 to the 7th March 1898 .. → online text (page 34 of 98)
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8. It shall be competent for Quarter Sessions Courts to inflict
CourtM' punishment for offences under the Penal Code, or otherwise, triable

of puni^-^*" before such Courts, as follows : —

fl. Imprisonment of either description not exceeding the term
of two years, or, fine to the extent of five hundred dollars,

* Section 467 is not m Coapter XVII., but in Chapter XVITF. of the Poial Code,
and is apparently inserted above by mistake. It provides the punishment for foigeiy of
a valuable siKSurity or a will, &c.

t See Ordinance XVII. of 1876 as to extent of punishment which may be inflicted
by Courts of Quarter Se^siouii.



Quarter
Sessions

ourt«' 1

' punish-
ments.

Imprisonment.
Fine.



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8UHMART CBIMINAL JUBISDICnON. [XIU. OF 1872.] 377

or, both imprisonment and fine in all cases in which
both punishments are authorized in tbe Penal Code or
otherwise by law.
II. And, in cases where whipping may be inflicted, whipping not Whipping,
exceeding forty strokes of a rattan, in addition to or instead
of any other punishment authorized by the said Code, or
otherwise by law, for the particular ofience.

Maqistbates.

9. It shall be competent for Magistrates to inflict punishment for Magistrates'
offences under the Penal Code, or otherwise made triable before po'^*'* o*
them, as follows :— pamshment.

L Imprisonment of either description not exceeding the term of Imprisonmtn
six months, or fine to the extent of one hundred dollars ; Fine,
or both imprisonment and fine in all cases in which both
punishments are authorized by the Penal Code, or otherwise
by law.
n. And, in cases where whipping may be inflicted, whipping not Whippmg.
exceeding thirty strokes of a rattan in addition to, or
instead of, any other punishment authorized by the said
Code, or otherwise by law, for the particular offence.

General.

10. The amount of punishment to be inflicted under Sections 8 Limit of
and 9 of this Ordinance shall in no case exceed that authorized by ponUhment.
the Penal Code, or otherwise by law, for the particular offence.

11. The Courts of Quarter Sessions and Magistrates shall in no Fine and
case, unless express authority be hereafter given in that behalf, J^^^^i^J^
impose in respect of the same off*ence the two punishments of fine together. ^
and whipping.

• *13. Whenever any oflfence under the Penal Code or any other Limit o! fine,
law in force or to be in force in the Colony under which Courts of
Quarter Sessions or Magistrates have jurisdiction to try offenders
summarily, is punishable by fine, but no limit is given. Courts of
Quarter Sessions and Magistrates may inflict the full amount of
fine allowed in Sections 8 and 9, respectively, and no more, unless
the law shall otherwise prescribe.



CHAPTER III.
General Penal Jurisdiction.

14. All offences under this' Chapter shall bid punishable on Offences how
conviction before a Court of Quarter Sessions or before a Magistrate. punUhable.

15. Courts of Quarter Sessions shall have and exercise all the Quarter Set*
powers given in tins Chapter to Magistrates. ««» Couru.

* Section 12 repealed bjr Ordinanee I. of 1888.

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-»76



!^[XHI. OF-1672,] SUMMi3tY CRIMINAl JURKDICTIOl^,



Interpretation.'

Interpretation. 16. In Sections 19, 20 and 21, the following words and expres-
sions shall have the meaning herein assigned to them, unless a
different intention appears from the context : —

" Horses " shall include mules and asses.

" Cattle " shall include bulls, cows, bullocks, and buffaloes.

" Animals " shall, in addition to the animals herein-before named,
include goats, sheep, and pigs.

V Homed Animals" shall include bulls, cows, bullocks, and
. buffaloes.

" In or near any public thoicug'ifare " shall mean and include all
places in the public thoroughfares, and all places within ten yards
of them, not being in houses or buildings, and not being places
separated from, or hidden from, the thoroughfare by some means,
as by a wall or hedge at least six feet high.

Fireworks, 17. Fireworks are said to be let off in or near a public thorough-

faie when let off in a verandah beside a public thoroughfare or
from the doors or windows of a house looking into a public
thoroughfare, or overlooking a place in or near a public
thoroughfare.

Verandahs* 18. The open verandahs of houses abutting on the public streets

are public thoroughfares for foot-passengers, subject to fidl rights of
property of the owners of such houses. Provided that nothing
contained in Clauses II. and VI. of Section 19, and in Clauses VL
and 'VII. of Section 20, and in Clause VL of Section 21 shall be held
to apply to such verandahs.



Breach of
Police General
Boles.
AsBemblies
and proces-
sions.
Ord.I.of
1672.

Music in the
streets, ike.
Ord. I. of
1872.



Holding
assemblies,
ftc contrarj
to prohibition*
Ord. I. of
1872.



Police Offences.

19, Whoever commits any of the following offences shall be
liable to the punishment provided herein for each offence :

I, Whoever infringes any General Rules made under Section
32 of the Police Force Ordinance, 1872 ; a penalty not
exceeding twenty-five dollars.

II. Whoever, at any native festival or ceremony, uses, or

causes to be used, or allows to be used, any music in
the public thoroughfare-*, without a license as prescribed
in Section 32 of the Police Force Ordinance, 1872, or
uses or causes to be used, or allows to be used, the
same contrary to the terms of any such license ; a penalty
not exceeding twenty-five dollars.

III. Whoever holds, or is present Assisting at, any a^^sembly or

procession in any public thoroughfare held in defiance
of a prohibition by the Inspector-General of Police, or
Chief Police OflBcer, under the powers vested in tliat
behalf in Section 32 of the Police Force Ordinance,
1872; a penalty not exceeding one hundred dollars,
or imprisonment which may l^ of either description,
not exceeding six months, or both.



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SUJOCARl CRIHIKAL JURISDICTION. [XIIL OF 1872.] vSZ9

IV. Whoever infriiige43 any Police Order made under Section Breach of

33 of the Police Force Ordinance, 1872 ; a penalty not ^Jj^^ Orden.
exceeding twenty-five dollars. 1872.

V. Whoever sets fire to, or bums any straw or other matter, Lighting fires
or lights any bonfire, or wantonly discharges any fire- ^[^ ^j*" .
arm or air-gun, or sends up any fire-balloon or rocket, ^n^fire-
or lets off any fire-works, in or near any public works, &c.
thorough&re, except at such times and plax^cs, and in *
such manner as shall, from time to time, be allowed
under Section 34 of tlie Police [Force] Ordinance, 1872 ; Ord. I. of
a penalty not exceeding twenty-five dollars. ^®^*-

Provided that the occupier of any house, from or in which, or Occapier when
from or in the verandah of which, any contraventions* of this Clause li**We.
takes place, shall be liable to the penalty prescribed, as well as the
person, if another person, who commits the offence.

VL Whoever, without the authority of the Chief Police OflScer, Illuminatioiif .
puts up any post or other thing on the side of any
public thoroughfare, for the purpose of afiixing thereon
lamps to illuminate the thoroughfare; a penalty not
exceeding ten dollars.

VIT. Whoever being the owner or person in charge of any Allowing
animal, allows the same to injure any tree or plant, or ?°.*°**^j^x
fence round any tree or plant, in or at the side of any on roadB or to
public thoroughfare, or to graze on the side of any public g«use.
thoroughfare ; or allows any pig to root in any public Pigs rooting,
thoroughfare or on the sides thereof ; a penalty not Penalty,
exceeding ten dollar? ; and all damage done by such Damage,
animal shall be assessed by the Magistrate, and shall be
recoverable in the manner provided by law for the
recovery of fines before Magistrates, from the owner of
the animal, together with any amounts to be levied as
fines ; and the Chief Police OflScer may, whenever he Pi^ may be
shall find it necessary, give orders for the killing of pigs ^"^®^*
found rooting on the public thoroughfares, and the carcass
of any pig so killed if not removed within twelve hours
shall be buried by the Police,

Provided that it shall not be lawful for the Chief Police OflScer
to issue orders for the killing of pigs found rooting on any public
thoroughfare until notice in writing of the intention to issue such
x>rder shall have been posted up in such thoroughfare at least twenty-
four hours beforehand.

Vin. Whoever negligently suffers to be at large any ferocious Unmuzzled
dog without a muzzle ; a i)enalty not exceeding ten ^®^-
dollars ; and, if the dog shall have bitten or attempted
to bite any person, such dog may be killed by order of When may be
the Magistrate. ^^^^^^

IX. Whoever leads or drives any buffalo in any public thorough- Leading

fare without having the horns of such buffalo covered ^o^ed animals
^ with bart

* : ^— — " ■ horns.

* Sic in original Ordinance.

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280



[Xm OF 1871] 8UMMABT CRIMINAL JUBISDICTIOK.



LeftTing
cMTiig0» oarty
fte.» in tiie



Tniniiig or

broking

bones.



Dopranning
at pataen-bj
on roads, 9tc,



With a bar of wood in such manner as the Chief Police
Officer may direct ; a penalty not exceeding ten dollars.

X. Whoever causes or allows any carriage, cart, or vehicle for
the conveyance of persons or of goods or other articles,
whether with or without horses or cattle, to rest in any
public thoroughfare, except in such places as may be
appointed for that purpose by the Chid! Police Officer, a
longer time than is absolutely necessary to take up or
set down any persons, or to load or unload any goods or
other articles ; a penalty not exceeding ten dolliuB.

XI. Whoever trains or breaks any hor.se in any public thorough-
fare or public place except in such places and at such times
as may be allowed by tiie Inspeator General of Police or
Chief Police Officer ; a penalty not exceeding twenty
dollars.
*XII. If it be proved to the satisfaction of the Magistrate that any
dog is in the habit of running >it persons, or at carriages,
horses, or cattle, passing along a public thorough&re,
the owner of such dog shall be liable to a penalty not
exceeding ten dollars.



Affixing bills,
or otberwise
diifacing
honsei, &c.



Batbb^, &c.,
n pnblxo
tboroogbfiuv
or aqnednct.



Obstmcting
persons at
•batbing places.



Penalty for
committing a
nuisance in
.pnblio
thorongbfEtfes.

Not bnrriiig
^eadanuniJ.



Offences in Pubuc Thoroughfares.

20. Whoever commits any of the following offences shall be
liable to the punishment provided herein for each offence : —

I. Whoever, without authority in the case of public property,
or without the consent of the owner or occupier in the
case of private property, aflSxes any bill or notice, or any
paper against or upon any building, wall, or fence, or
writes upon, defaces or marks any suoh building, wall, or
fence with dialk or paint, or in any way whatsoever ; a
penalty not exceeding ten dollars.

IL Whoever bathes or washes himself in any public thorough-
fare, or in, upon or by the side o^ any public tank,
reservoir, or aqueduct, not being a place set apart for
such purpose ; a penalty not exceeding ten dollars.

III. Whoever obstructs or incommodes a person bathing at any

place set apart as a bathing-place, by wilful intrusion^or
by washing horses, cattle, or dogs at or near such place,
or in any other way; a penalty not exceeding ten
dollars.

IV. Whoever wilfully and indecently exposes his person, or

commits a nuisance by easing himself, in or by the side
of, or near to, any public thorougfare or public place ; a
penalty not exceeding ten dollars.

v. Whoever being the owner or person in charge of any wild
or other animal, or dog, or cat, shall not, if such animal,

* Snbstttntad f(« original sub-section bj Ordinance IL of 1878, wbicb erne into teoo
on ICaj 80, 1878.



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SUMMABT CRIMINAL JURISDICnON. [XIII. OF 1872.] 281

dog or cat, dies, dispoBe of its carcass in such a way as
not to be a common nuisance ; a penalty not exceeding
ten dollars.

YI. Whoever lays any article on any public thoroughfare so as Obstnietion on
to cause an obstruction thereto, or so as to make the use thorouf^ifkres.
of the thoroughfare less convenient; a penalty not
exceeding ten dollars.

VIL Whoever shall place on or near any public thoroughfare Dead animal,
any dead animal, cat or dog ; a penalty not exceeding
ten dollars.
Vni. Whoever leads any horse or cattle on any public thorough- Lwiding
fare in such a manner as not to have control over the *^^ ^^
same by holding the animal near the head ; a penalty ^oron^ant.
not exceeding ten dollars.
IX. Whoever drives any cattle on any public thoroughfare in DriTjof cattle
such a manner as not [to] have a proper control over ^" ^^^'
them, and thereby causes obstruction to the traffic;
a penalty not exceeding ten dollars.

X. Whoever flies any kite made of paper or other material, or Flying kites,
plays at any game which obstructs or interferes with
the traffic in any public thoroughfare; a penalty not
exceeding ten dollars.

Street Offences.

2L Whoever, within such limits as shall be from time to time Penal^ for the
defined* by the Inspector-General of Police, with the sanction of '^jP^"'^*^ , .
the Governor, under the following Clauses severally, in any public ^wtaSTlka^
thoroughfare or place of public resort, commits any of the following
offences, shall be liable to a penalty not exceeding ten dollars ; but
the penalty imder Clause YIII. may amount to, but shall not exceed,
twenty-five dollars.

Different limits may be prescribed for different offences under Bole,
this Section, and particular places may be exempted from the
operation of all or of any of the provisions of the Section.

I. Whoever drives, rides, or leads any elephant or camel Driving, &e.,
without peimission from the Inspector-General of Police elephant or
or Chief Police Officer. "^^

IL Whoever drives any vehicle of any description, at any DriTiag a
time between three-quartei*s of an hour after sunset ▼«Wcle wHh-
and one hour before sunrise, without a sufficient light, J^^* roffliient
except when, in the opinion of the Magistrate, there
may be sufficient moonlight to render such light un-
necessary.

in. Whoever, without reasonable cause, shall drive a carriage, Driring yehiole
cart, or other vehicle otherwise than on the left or near otherwise than
Bide of the road. ^^"^

road.

^ Vor defined Umits $$€ GoTemment Gaiette of April 4^ 1878, p. 636.

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[Xni. OP 1S72.]. SUMMJ^Y CRIMINAL JURISDICTION.



Exposing for
show horses,
cleaniog or
repairing con-
veyances, or
train iog horses.



LeaTing cart,
&e., without
due controL

Obstructing
thoroughfare
by goods.



Obstructing
footways or
thoroughfares.



Beating drums,
tom-toms, &c.



' IV. Whoever exposes for show, hire, or sale, any horse or
other animal, or any carriage, or cleans or dresses any
horse or other animal, or deans any c^irriage or other
conveyance, or makes or repairs any part of any cart
or carriage, except in cases of accident where repair on
the spot is neca^sary.

V. "Whoever, being in charge of any cart, carriage, cattle or

horse, leaves the same at such a distance as not to have
it under due controL

VI. Whoever causes or allows goods or other articles to rest on

any public footway, or other part of a public thorough-
fare, or otherwise causes or allows any goods or other
articles to create obstruction or inconvenience to the
passage of the public for a longer time than may be
absolutely necessary for loading or unloading such goods
or other articles.

VII. Whoever leads or rides any horse or animal, or draws or
drives any cart, carriage, or truck upon any public foot-
way, or fastens any liorse or animal so that it can stand
across or upon any public thoroughfare.

VIII. Whoever, without the permission in writing of the Chief
Police Officer, beats a drum or tom-tom, or blows a horn
or trumpet, or beats or sounds any brass or other metal
instrument or utensil.



Exemption. This Clause shall not be held to apply to Military music



Exposing
articles for
sale so as to
cause obstruc-
tion in any
public
diorough&re.



Obstructions
in Canals, &c.



Ord. VIII. of

1872.

Penalty.

HemoTftL
Expenses.



22. Whoever exposes for sale, or sets out in or upon any stall,
booth, show-board, cask, or basket, or otherwise, any meat, fish,
vegetable, fruit, groceries, or any other thing whatsoever, so as to
cause obstruction in any public thoroughfare, or so as to make the
use of any public thoroughfare less convenient, shall be liable to a
penalty not exceeding twenty dollars.

28. Whoever, in any River or Canal in which the public have a
right of navigation, leaves any boat or vessel at any place for a
longer time than is necessary for loading or unloading, or who
refuses to move his boat or vessel, when unladen, away from such
place, when so desired by any Peace Officer ; and whoever leaves
any raft or log or piece of timber, wood, or plank in any such
River or Canal more than one day after its arrival therein ; and
whoever erects in any such River or Canal any stage or scaffolding
whatsoever, without the written permission, in any of the above
cases, of the Inspector-General or Chief Police Officer, or of the
Conservator of the Port if within the limits of any Port under the
Harbours Ordinance, 1872, shall be liable to a penalty not exceeding
twenty-five dollars ; and such boat, vessel, or timber, wood or
plank may be removed by the Police, and the expense of such
removal shall be recoverable as a fine from the owner or person in
charge of the same, and if not paid by liim, may be recovered by
distress and sale of the property of such person and of such boat,
vessel, or timber.



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SUHtfABY CRIMINAL JUIOSmCTION. [XHI. OF 1&72.] 18S-

Conservancy Offences.

24, it shall be lawfal for aoy Police Officer to make complaints Police OiBcers
before the Court of Quarter Sessions or before a Mi^trate, and to J^y ^,^1^^
conduct prosecutions, for offences under Sections XI, 12, 13, 14, 40, coMcrnui''y
41, 43, 60, 62, 76, 89, 97. and 98 of the Indian Act 14 of 1856, Offence.. '
anything in the 137 th Section of the said Act to the contrary
notwithstanding.

25* All prosecutions by Police Officers under Section 26 shaU be Sachprofecu-
conducted under the Law of Procedure in force at the time the {^)J^*^^
prosecution is commenced, as if the several Sections above-named genermi law of
had been enacted as part of this Ordinance. procedure.

Army, Navy, Police, and Marine.

26. Whoever knowingly detains, buys, exchanges, or receives UnlAwfoi
from any person subject to the Articles of War for Her Majesty's poMeswon of
Army, or to the Aiiicles of War contained in the Indian Act No. 5 k^^J^V

of 1862, or from any person serving on board any of Her Majesty *s Poliee Stores.
Ships and Vessels, or from any member of the Police Force of the
Colony, any arms, ammunition, accoutrements, clothing, Regimental,
or other Military, Naval, or Police necessaries, or other property
belonging to Her Majesty, or to tbe Colonial Government, or any
medal for good conduct or for distinguished or other services, or
who shall have in his possession or keeping any such arms, ammuni-
tion, accoutrements, clothing, Begimental, or other Military, Naval,
or Police necessaries, or other property or medals as above, and
shall not give a satisfactory account how he came by the same,
shall be liable to a penalty not exceeding twenty -five dollars, or to
imprisonment of either description for any term not exceeding one
month.

27. Whoever, not being amenable to the Articles of War for Her PeDaliy for
Majesty's Army or Her Majesty's Navy, or for the Native Officers ^J^"]!™ k^
or iSoldiers in Her Majesty's IncQan Army, takes, or attempts to take, ^ on boai^
into any Military barracks, guard- rooms, or encampments, or on Vewels-of-
board, or alongside of any Vessel-of-War belonging to, or Transport ^^'
hired, by Her majesty, or vessel in the service of the Government

of the Colony, in any Port of the Colony, or into any Police B.uTack,
Police Station or Lock-up, any spirits or spirituous or fermented
liquors, or intoxicating drugs or preparations, without the license
in writing of the Commanding Officer (unless such articles are
intended for some person above the rank of Non-Commissioned
Officer), shall be liable to a fine not exceeding fifty dollar^), or to
imprisonment of either description for any term not exceeding two
.months ; and such liquors, drugs, or preparations, and the vessels
containing the same, shall be forfeited.

28. Whoever wilfully harbours or conceals any seaman or ^*°^^*^''
apprentice, belonging to the Navy of any Foreign State, or to a ^ conc^ng
Merchant vessel, whether under the British or any Foreign flag, de»«r^ fj^a
jcQOwing) or having reason to believe such seamem or apprentice to '^^^ •

1)6 a deserter, shall be liable to a fine not exceeding fifty dollars.



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284



[XIII. OP 1872.] SUMMABY CRDCINJLL JURISDICTION.



Police Con- 29« Any keeper or person in charge of any tavern or other place

stables drink- foy ^q sale of intoxicating liquors or dnigs, who shall permit any

^^S&twdT&c. Police Constable on duty to drink or use any intoxicating liquors

or drugs, or to remain, loiter, or conceal himself in such tavern or

place, or upon any premises belonging thereto, flhali be liable to a

fine not exceeding fifty dollars.

30. Whenever any accident shall occur to a registered boat,
attended with loss of the life of any one of the crew or passengers,
the owner, or person in charge of the boat, shall forthwith report
the circumstances at a Police Station ; and if the owner, or person
in charge, as the case may be, without lawful excuse, neglect or
delay to make such report, he shall be liable to a fine not exceeding
twenty-five dollars.



Penalty for
neglecting or
deUiTingto
report accident
to a registered
boat attended
with loss of
life.



Foreign
Deserters.
15 & 16 Vict
c. 26.



Foreign Seamen Desertebs.

3L Any Magistrate, upon an application being made to him by
the Consul of any foreign power to which the Foreign Deserters
Act, 1852, has by an order of Her Majesty in Council been, or
dhaU hereafter be, declared to be applicable, and upon complaint on
oath of the desertion of any seaman, not being a slave, from any
ship of such foreign power may, until a revocation of such order in
Council shall have been publicly notified, issue his Warrant for the
apprehension of any such deserter, and, upon due proof of the
desertion, may order him to be conveyed on board the vessel to
which he belongs, or, at the instance of the Consul, to be detained
in custody till the vessel is ready to sail, on deposit being first
made of such sum as the Magistrate shall deem necessary for the
subsistence of the deserter during such detention : provided that
the detention of such deserter shall not be continued beyond twelve
weeks.



Apprehension
and punish-
ment of
vagrants, &c.

Wanderers.



Exposing
sores.



Begging.



Vagrants.

32« Every person pretending or professing to tell fortunes, or
using any subtle craft, means or device by palmistry, divination,
sortUege or otherwise to deceive and impose on any one.

II. Every person wandering abroad and lodging in any shed,
or outhouse, without the permission of the owner
thereof, or in any deserted or unoccupied building, or
in the open air or under a tent, or in or under any cart
or waggon, or other similar shelter not having any
visible means of subsistence, and not giving a good
account of himself.

in. Every person begging for alms, and every person wander-
ing abroad and endeavouring by the exposure of
wounds, sores, disease, or deformities to obtain or gather
alms.

lY. Every person endeavouring under any false or fraudulent
pretence to procure charitaUe contributions of any
nature or kind



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SUHHAET CBDOKAL JURISDICnON. [XIIL OF 1872.] 285

y. Every person found abroad between sunset and sunrise HaTinf^ hons*-
baving in bis custody or possession any picklock, ^^jj^* *^^
skeleton key, crow, jack, bit, or other such implement,
without lawful excuse (the proof of which excuse shall



Online LibraryStraits SettlementsThe acts and ordinances of the Legislative council of the Straits Settlements, from the 1st April 1867 to the 7th March 1898 .. → online text (page 34 of 98)