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Canterbury Police Ordinance 1858

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it is expedient that the said recited Ordinance should, so far as the same relates to the Province of Canterbury, be repealed, and provision made in lieu thereof: Be it therefore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From and after the passing of this Ordinance, the above recited Ordinance shall be and the same is hereby repealed within the said Province.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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