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Canterbury Provincial Ordinances |
1. Canterbury Police (Offences) Ordinance 1858
Whereas an Ordinance was passed on the Twenty-second day of June, one thousand eight hundred and forty-nine, by the Lieutenant-Governor and Legislative Council of New Munster, entituled an “Ordinance to increase the efficiency of the Constabulary Force:” And whereas it is expedient that the said recited Ordinance should, so far as the same relates to the Province of Canterbury, be repealed, and provision made in lieu thereof: Be it therefore
enacted by the Superintendent of the Province of Canterbury, with the advice
and consent of the Provincial Council thereof, as follows:
1. Repeal of Constabulary Force Ordinance.
From and after the passing of this Ordinance, the above recited Ordinance
shall be and the same is hereby repealed within the said
Province.
2. Persons having certain implemens, or otherwise acting with felonious intent.
Every person armed with any gun, pistol, sword, bludgeon, or having in his
possession any pick-lock, crow-bar, jack, bit, or other
implement with intent
feloniously to break into, or having broken into any building for an unlawful
purpose, or frequenting any highway,
street, quay, wharf, or other thoroughfare
or place of public resort, with intent to commit felony, may be imprisoned by
any two
Justices of the Peace for any term not exceeding three calendar
months.
3. Persons having stolen property to be arrested.
Any Constable finding any person with property in his possession which may
reasonably be suspected of having been stolen, or unlawfully
obtained, may take
such person before a Justice of the Peace to be dealt with according to
Law.
4. Penalty on commission of following offences.
Every person who shall, within the Province of Canterbury commit any of the
offences next hereinafter specified, shall, for every
such offence forfeit and
pay a sum not less than Ten Shillings nor exceeding Five Pounds (that is to
say):
1. Playing in streets on Lord’s Day
Every person playing at any game in any street, bye-way, or public
thoroughfare on the Lord's Day.
2. Making disturbance on Lord’s Day.
All persons assembling in any street, or other public place, on the Lord's
Day, to the disturbance of any congregation of Worshippers.
3. Firing litter so as to endanger property.
Every person who shall wilfully fire any litter, shavings, or other
combustible matter, so as to endanger any house or other building.
4. Furious riding or driving.
Every person who shall ride or drive in a public thoroughfare so as to
endanger the lives or limbs of Passengers or others.
5. Ferocious dogs at large.
Every person who shall, in a public thoroughfare, suffer any ferocious dog to
be at large and unmuzzled, or shall wantonly set on
any dog to attack worry, or
put in fear any person or animal.
6. Misconduct in driving cattle.
Every person driving cattle in a public thoroughfare who shall wilfully or
negligently cause any injury or damage to be done by such
cattle to any person
or property, or shall in anywise misbehave in the driving of such
cattle.
7. Cruelty to cattle.
Every person who shall wantonly hurt or harass any cattle passing along or
being in a public thoroughfare.
8. Leaving open doors of cellars.
Every Occupier ( and where there is no Occupier every Owner) of a house or other building accommodated by an opening in the public footway or roadway, giving access or light to any cellar or sunk casement, who shall neglect to keep such opening securely covered and constantly closed by a substantial trap-door, or by substantial rails or bars, or in some other sufficient manner, save only in the day time, when articles or things stored, or to be stored in such cellar or
casement are in the process of being lowered therein or brought up
therefrom.
9. Conveying night soil within certain hours.
Every person who shall convey night soil along a public thoroughfare after
the hour of six o'clock in the morning, and before the
hour of eleven o'clock at
night.
10. Selling unwholesome meat, &c.
Every person who shall sell or expose for sale, or have in his possession
with intent to sell, any unwholesome meat, fish, game, poultry,
or fruit, or who
shall have in his possession, for the purpose of slaughtering, any diseased
animal unfit for human food.
11. Throwing glass, rubbish, &c., into roads.
Every person who (without permission in writing from the Superintendent or
some Officer for that purpose appointed by him,) shall
throw or leave earth,
stones, glass, bottles, or rubbish upon a public thoroughfare.
12. Leaving carts, &c., on throroughfare.
Every person who shall leave standing or lying upon any part of a public
thoroughfare any carriage, cart, waggon, dray, truck, wheelbarrow,
or other
vehicle, or any packing case, crate, basket, cask, barrel, or package.
13. Leaving timber, bricks, &c., on thoroughfare.
Every person who shall place upon any part of a public thoroughfare (without
an authority, in writing, from the Superintendent or
the Officer for that
purpose appointed by him,) any timber, stones, bricks, lime, or materials for
building.
14. Hanging meat, &c., over thoroughfare.
Every person who shall suspend or place any carcass, meat, or offal, so as to
overhang any part of a public thoroughfare.
15. Throwing dead animals in streams or thoroughfares.
Every person who shall throw, or cause to be thrown, any dead animal, or part
thereof, into any street, lane, road, or other public
place, or into any river,
creek, stream, or other water, or leave or cause the same to be left on the bank
thereof.
16. Refusing to remove obstruction to highway.
Every person being the Owner or having the custody of any article unlawfully
placed upon or over any part of a public thoroughfare,
who shall refuse to
refuse to remove the same within a reasonable time after being thereunto
required by a Constable, shall be liable
to a separate penalty for every such
refusal.
17. Breaking horses in thoroughfare.
Every person who shall train or break horses in a public thoroughfare, within
any town or village.
18. Negligent riding.
Every rider of a vehicle not driven by means of reins who shall ride
thereupon, there being no person on foot to guide the same, or
who shall
wilfully remain at such a distance from his vehicle whilst in motion as not to
have command of the horses or cattle drawing
the same; or, meeting any other
carriage, shall not keep his carriage on the left or near side of the
road—or, in passing,
shall not keep on the right or off side of the road;
or shall in any manner wilfully prevent any other person passing from him; or,
by negligence or misbehaviour, interrupting the free passage of any person or
carriage along the said road.
19. Unenumerated obstructions to thoroughfares.
Every person who shall wilfully encumber or obstruct a public thoroughfare in
any way not before specially described.
20. Hauling timber sledges on thoroughfares.
Every person who shall haul or draw any timber, stone, or other load along
any part of a public thoroughfare, otherwise than upon
a wheeled carriage or
rollers, or shall suffer any load, conveyed upon a wheeled carriage or rollers,
to drag or trail or hang over
such carriage to the obstruction of the
thoroughfare.
21. Permitting entire animals to cover in public.
Every person having the charge of, or permitted any stallion, bull, or other
entire animal to cover in any paddock, close, or land,
within the limits of any
town, being within public view.
22. Indecent or obscene language or conduct.
Every person who shall use, in a public thoroughfare or place, any profane or obscene language, or sing any profane, indecent or obscene song, or write or
draw any indecent or obscene word, figure, or representation, or who shall exhibit, distribute, or offer for sale any profane, indecent, or obscene book,
paper, print, painting, drawing, or representation, to the annoyance of
Inhabitants or Passengers.
23. Bathing in public.
Every person bathing near to or within view of any public wharf, quay,
bridge, street, or other place of public resort, so as to offend
against
decency, between the hours of eight o'clock in the morning and eight o'clock in
the morning.
24. Removing knockers, or disturbing Inhabitants.
Every person who shall maliciously deface, injure, or remove any door-plate, bell, knocker, lamp, or sign board, or who shall wilfully disturb any Inhabitant by
ringing any bell, or knocking at any door.
25. Wilful damage to property.
Every person who shall wilfully damage any building, wall, fence, paling,
fixture, or appendage thereunto, or any other real or personal
property, or who
shall steal or wilfully damage any tree, shrub, or other plant, or any seat in
any walk, park, plantation, or garden.
26. Breach of the peace; threatening or abusive language.
Every person who shall commit any breach of the peace, or behave himself so
as to provoke a breach of the peace, or whereby the passage
along the street may
be obstructed by causing a crowd to collect or otherwise; or who shall use any
threatening language, or any
abusive or insulting language in the presence or
hearing of a Constable or of a Justice of the Peace.
5. Offences within towns.
Every person who shall commit any or either of the offences next hereinafter
specified, shall, for every such offence, forfeit and
pay any sum not exceeding
Five Pounds (that is to say):
1. Discharging firearms.
Every person who shall discharge any firearms without lawful cause, or
discharge any firework in any public thoroughfare, within the
boundaries of any
town within the Province.
2. Firing grass, &c.
Every person who shall wilfully fire the bush, scrub, grass, fern, flax, or
other vegetation on land within the boundaries of any
town.
3. Neglecting to keep chimney clean.
Every person who shall neglect to keep clean the chimney of any house or
other building occupied by him, and situated within the boundary
of any
town.
4. Placing goods on thoroughfare.
Every person who shall expose or place upon any part of a public
thoroughfare, within any town, any goods, wares, or merchandise,
or who shall
make use of any show-board projecting over any part of such
thoroughfare.
6. Power of Justices to order abatement of nuisance and repair of chimneys. Upon complaint made to any Resident Magistrate, or to any two Justices of the Peace, of the existence of any common nuisance withinthe boundaries of any proclaimed town within the Province, whether by the exercise of any noisome or unwholesome trade, or by the keeping of hogs, or of any privy, stye, or receptacle for filth of any kind or otherwise (however such nuisance shall arise); and also upon like complaint that any chimney within the said limits is dangerous to Passengers or neighbouring buildings (whether by reason of its insufficient construction or elevation, or want of repair), it shall be lawful for such Resident Magistrate or Justice to issue a Notice requiring the Occupier, or if there shall be no Occupier, then requiring the Owner of the land or property in which such nuisance or defective chimney shall exist, to remove or abate such nuisance, or to alter, raise, or repair such chimney, as the case may require, within a reasonable time to be specified in such Notice; and the said Resident Magistate or Justices shall cause every such Notice to be forthwith served on such Occupier or Owner, or to be affixed in some conspicuous situation on such property; and in case and so often as such Occupier or Owner shall disobey any such Notice, he shall, for every such offence, forfeit and pay a penalty not exceeding Ten Pounds. For the purpose of ascertaining the existence of any such nuisance, or the state of any such chimney, it shall be lawful for any such Resident Magistrate or Justices, or either of them, to inspect the property
wherein the same shall be alleged to exist, or to cause such inspection to be
made by an Officer or Constable of the Armed Police
Force.
7. Penalty on commission of following offences.
Every person who shall commit any of the offences next hereinafter specified
shall, for every such offence, forfeit and pay a sum
not exceeding Twenty Pounds
(that is to say):
1. Wilfully damaging public works.
Every person who shall wilfully destroy or damage any public building,
erection, bridge, sewer, culvert, water-course, road, footway,
or other public
work or property.
2. Removing material of roads.
Every person who shall remove without permission, in writing, from the
Superintendent or an Officer for that purpose appointed by
him, any soil, stone,
or other material used in the formation of any road, footway, or other public
road.
3. Making excavation in roadway.
Every person who shall dig or excavate without permission, in writing, from
the Superintendent or other Officer for that purpose appointed
by him, upon or
beneath the surface of any road or footway.
4. Encroachments on roadways.
Every person who shall, without permission, in writing, from the Superintendent
or some other Officer for that purpose appointed by him, encroach upon the
limits of any road, street, or public thoroughfare.
5. Damaging Government buoys or beacons.
Every person who shall wilfully and wantonly remove, damage, or otherwise
interfere with any buoy, beacon, or other survey-mark set
up by any Government
Surveyor or other Public Authorities, either on shore or afloat.
6. Firing grass, scrub, &c., on another person’s land.
Every person who shall set on fire or cause to be set on fire any bush,
scrub, grass, fern, flax, or other vegetation on land not
in his own
occupation.
8. Indecent exposure of person.
Every person who shall indecently expose his person in or within view of any
public thoroughfare or place shall be liable to a fine
not exceeding Twenty
Pounds, or may, at the discretion of any two Justices of the Peace, be
imprisoned for a period not exceeding
three months.
9. Former penalties saved.
Nothing in this Ordinance shall be construed to take way or repeal any
liability or penalty which at common Law, or by virtue of any
Statute, Act, or
Ordinance in force within the Province, shall attach to or be incurred in
respect of any such offence as aforesaid.
10. Power to Officers of Police to board vessels,&c.
Every Inspector, Sub-Inspector, or any Officer of the Constabulary Force above the rank of a Private Constable, may with such Constables as he may think proper, enter into any ship, boat or other vessel (not being then actually employed in her Majesty's service), for the purpose of inspecting and directing
the conduct of any Constable who may be stationed on board of any such
vessel, and the conduct of all other parties who shall be employed
on board of
any such vessel, and for preventing fire, preserving peace and good order, and
for prevention or detection of any felonies
or misdemeanours on board of such
vessel.
11. Power to Constables to enter all houses where refreshment is sold. Every Constable may demand admittance, for the purpose of preventing or repressing disorderly conduct, into any house, shop, or place of public resort, wherever provisions, liquors, or refreshments of any kind shall be sold or
consumed (whether the same shall be kept or retained therein or procured
elsewhere), and any unnecessary delay in giving admission
to the said Constable
shall subject the party to a penalty not exceeding Five Pounds.
12. Compounding information.
If any person shall lodge any information before any Justice of the Peace for
any offence by which he was not personally aggrieved,
and shall afterwards
directly or indirectly receive any sum of money or other reward for compounding,
delaying, or withdrawing the
information, he shall be liable to a penalty of not
more than Ten Pounds.
13. Written permission from Superintendent to be produced to Constable.
Every person who shall have permission, in writing, from the Superintendent
or Officer appointed by him for that purpose to do any
of the things for which
such Officer or Superintendent is empowered to give such permission, shall
produce such permission when called
upon to do so by any Police Constable, and
if such person shall refuse or neglect to produce such permission when so called
upon,
he shall be considered as acting without such permission.
14. Resisting or refusing to aid Constable.
Every person assaulting or resisting any Constable in the execution of his
duty, or being called upon by a Constable in the Queen's
name and refusing to
assist such Constable acting as aforesaid, shall be liable to a fine of not more
than Ten Pounds, or to be imprisoned
for a period not exceeding one
month.
15. Penalties recoverable summarily.
All penalties imposed by this Ordinance shall be recoverable in a summary
way.
16. Interpretation.
In the Interpretation of this Ordinance, the word "cattle" shall mean every head of horses, asses, mules, horned or neat cattle, swine, sheep, or goats. The word "town" shall mean the town specified in the Schedule to this Ordinance, and any other town or towns within which the Superintendent, upon the requisition to that effect from a majority of the Justices of the Peace of the district in which such town is situated, shall, by Proclamation, declare this Ordinance to be in
operation. The term "Constable" shall include all Officers of the Armed
Police.
17. Title
This Ordinance shall be entituled, and may be cited as the "Canterbury Police
Ordinance, 1858, Session X., No. 1."
Schedule.
The town of Christchurch as set forth in the Maps of the Chief Surveyor of the
Province of Canterbury, including the town reserves.
The town of Lyttelton as set forth in the Maps of the Chief Surveyor of the said
Province.
The town of Akaroa as set forth in the Proclamation of the Superintendent of
the said Province, bearing date the 1st May, 1856.
The town of Kaiapoi as set forth in the Schedule to the "Kaiapoi Town
Ordinance, Session VIII., No. 7."
Notes.
This Ordinance was passed by the Canterbury Provincial Council on 1st
December 1858, and assented to by the Superintendent on 3rd December.
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URL: http://www.nzlii.org/nz/legis/can_ord/cpo1858245