SUMMARY OFFENCES ORDINANCE, 1845

SUMMARY OFFENCES ORDINANCE, 1845

NO. 1 of 1845.

An Ordinance to make provision for the preservation of
good order and cleanliness and the prevention of nuisances.
[26th Dec, 1845.]

1. This Ordinance may cited as the Summary Offences
Ordinance; 1845.

2. In this Ordinance.

(a) Lawful authority extends to and denotes any per-
mission which may be lawfully given by a public officer or
department or by a private person.

(b) Where no specific description is given of the owner-
ship of any property, the word property shall be taken to
apply to all such property of the kinds specified, whether
owned by the Crown, by a public departmenbt, or by a
private person.

(c) Public officer or, Public department, extends to
and includes the Governor and every officer or department
invested with or performing duties of a public nature,
wherether under the immediate control of the Governor or not.

(d) Public place includes all piers, thoroughfares,
streets, roads, lanes, alleys, courts, squares, archways,
passages, paths, ways and places to which the public the same
are the propety of the Crown or of private persons.

Nuisances, trespasses, and similar offences.

3. Every person shall be liable to a fine not exceeding
two hundred and fifty dolars who commits any of the
following offinces :-

(1) throws or lays, or causes or knowingly permits to be
thrown or laid, any carrion, dirt, soil, straw, or dung, or
any other filth, rubbish, or noisome or ofensive matter what-
soever, on any public place, or on any Government property





unless, with the consent if a public officer, or on any private
property unless with the consent of the owner and of the
occupier (if any) of such private property, or into any well,
stream, or watercourse, ford, or reservoir for water, or any
drain or sewer; or permits or suffers any such noisome or
offensive substance as aforsaid exposed in any
drain, sewer, or elsewhere, or in the immediate
neighbourhood of his house; or allows any accumulation of
filth or offensive substances within the premises occupied
by him to the, annoyance of the or passengers;
or in any manner defiles or pollutes any well, stream, or
watercourse used by any of the inabitants of the Colony, or
for the supplying with water of ships resorting thereto; or.

(2) commits any nuisance in the neighbourhood of nay
house or public place; or


(3) without lawful authority sets out or leaves, or causes
to be set out or left, any matter or thing which outside of any
incommodes, or endangers, or may obstruct, incommode, or
endanger, any person or carriage in any public place; or

(4) exposes anything for sale in or upon, or so as to hang
over, any carriage-way or footway, or on the outside of any
house or ship; or sets up or continues any pole, blind, awn-
ing, line, or other projection from an window, parapet, or
other, part of any house; shop, or othe building so as to
cause. any annyoyance or obstruction in any public place; or

(5) encroaches on any public place or Crown land by
erecting any building, either on or projecting over the same,
or construts any spout which projects the rain-water there-
on; or

(6), being the occupier or owner of any house, building, or
other erection, neglects to repair or remove the same when
in a ruinous oy unsafe, state,, and when it endangers or may
endanger the assengers in any public place; or


(7) rides or drives on any foot-path without obvious
necessity; or rides or drives in a furious manner, or so as to
endanger the life or limb of any person, or to the common
danger of the passengers in any public palce; or, when pass-
ing or meeting another horse or carrigage, does not keep to
the customary side of the road; or

(8) leads or rides any horse or other animal, or draws or
drives any cart, carriage, sledge, truck, or barrow, upon any








footway; or fastens any horse or other animal so that it can
stand across or upon any footway; or turns loose any horse
or cattle upon or into any public place; or

(9) in any public place, to the annoyance of the inhabit-
ants or passnegers, kills or slaughters, or exposes for show
or slae (except in a market lawfully appointed for that
prupose), or feeds or fodders, any horse or other animal; or
shoes, bleeds, or farries any horse or any animal (except in
case of accident); or turns loose, cleans, dresses, exercises,
trains, or breaks any horse or other animal; or cleans, makes,
or repairs any part of any cart or carriage, except in case of
accident, where repair on the spot is necessary; or

(10) keeps any dog accustomed to annoy passengers by
barking or otherwise; or suffers to be at large any unmuzzl-
ed ferocious dog or other animal belonging to him; or sets
on or urges any dog or other animal to attack, worry, or put
on fear any person, horse, or other animal; or

(11) upon any public footway, rolls or carries any barrel,
cask, butt, or other thing calculated to annoy or incommode
the passengers thereon, except for the purposes of housing
it or of loading any cart or carriage on the other side of the
footway; or

(12) in, near, or adjoining any public place wantonly or
unnecessarily blows nay horn, beats any gong or drum, or
makes any other noise calculated to annoy or alarm any
person or to frighten any horse or other animal; or

(13) wantonly or negligently discharge any firearm, or
throws or discharges any stone or other missile, or makes any
bonfire, or throws or sets fire to any firework, to the damage
or dange of any person; or

(14) wilfully and wantonly disturbs any inhabitant by
pulling or ringing any door-bell, or by knocking or striking
at any door without lawful excuse; or wilfully and unlawfully
extinguishes the light of any lamp; or

(15) plays at any game or pastime ot the annoyance of the
inhabitants or passengers; or

(16) plays at any game or loiters in any public place, so as
to obstruct the same or create a noisy assembly therein; or


* See No. 10 of 1886, Second Schedule.




























(17) lewdly and indecently exposes his person by bathing
or otherwise near any public place or dwelling-house; or

(18) uses, exercises or follows in or upon any premises, or
any part of any premises, held under a lease from the Crown
in breach of any covenant contained in such lease, the trade
or business, of a brazier, slaugterman, soapmaker, sugar-
baker, fellmonger, melter of tallow oilman, butcher, distiller,
victualler or tavern-keeper, blacksmith, nightman, scavenger'
or any other. noisy, noisome, offensive trade or business
whatever, without the previous licence, of His Majesty, signi-
fied in writing by the Govenior or other person duly author-
ised.in that -behalf; or

(19) wilfully or negligently in or near any public place
drops or allows to fall a bullding material or other thing
to the damage or danger of any person; or

(20) without lawful authority forms any trench, opening
or other obstruction in any public place, or falls to fence off
and properly watch and light any trench, opening or other
obstruction in any public, place; or

(21) without lawful authority rakes or picks over any
refuse deposited in or upoh any public place, vacant land or
refuse deposited, or in any dust bin, dust box, dust basket or
dust cart standing in or upon any public place, vacant land
or refuse depot, or removes any portion of any refues so
deposited; or

(22) keeps any animal or bird which is a source of
annoyance to any inhabitant or passenger by reason of any
noise made by such animal or bird.

4. Every person shall be liable to a fine not exceeding
two hundred and fifty dollars who, in any public place, or in
any place adjacent thereto, contrary to any regulations made
by the Governor in Council, rought-dresses or causes to be
rough-dressed granite or any other stone whatever for the
erecton of any building or for any other purpose.

5. Every person shall be liable to a fine not exceeding
twenty-five dollars who uses or uttes cries for the purpose
of buying or selling any articel whatsoever, or who makes
any noise whatsoever with the object of disposing of or
attracting attentio to his goods, wares, or trade, within any


* As amended by No. 6 of 1918.






district or place not permitted by regulation of the Governor
in Council .

6. Every person shall be liable to a fine not exceeding
two hundred and fifty dollars who commits any of the
following offences:-

(1) erects any shed or house of matting or other inflammable
material, so as incase of fire to endanger any neighbouring
building; or

(2) without the consent of the owner or occupier, affixes
any poster or other paper against or upon any building, wall
fence, or paling; or writes upon, soils, defaces, or marks
any building, wall, fence, or paling with chalk or paint, or
in any other way whatsoever; or wilfully breaks, destroys,
or damages any part of any building, wall, fence, or paling
or any fixture or appendage thereof; or

[(3), rep. No. 45 of 1902.]

(4) neglects to affix to his house, and keep alight during
the night, such lamp or lantern as may be required and
approved of by the Captain Superintendent of Police; or

(5) keeps a house or other building for the occupation or
resort of public prostitutes, to the annyoyance of any person
inhabiting or residing near thereto; or

(6) assembles together with other persons in the night-time
without lawful excuse; or, seeing any such illegal assemblage,
or knowing or having reason to suspect that such assemblage
has taken place or is about to take place, does not give
immediate notice thereof to the nearest police station or to
some police constable; or

(7) being employed as a private guard or watchman,
sleeps on his post, or is negligent, remiss, or cowardly in the
execution of his duty; or

(8) wantonly or cruelly ill-uses any animal or bird, domestic
or otherwise.

7.-(1) It shall be lawful for any police constable to take
into custody without warrant any person who has committed
within his view any offence mentioned in sectins 3, 4, 5, or


* As amended by No. 6 of 1918.
+ As amended by Law Rev. Ord., 1923.










6, or, such offence has not been committed withing view of
such constable, then on the complaint of any person who has
been injured or annoyed by, or been witness to, the commission
of such offence.

(2) In the absence of any such constable, it shall be lawful
for any peson so injured or annoyed, or who has seen the
offence committed, to seize and detain the offender until he
can be given into the custody of a police constable, or until
he can be taken before a magistrate.

8. The offences next hereinafter specified shall be deemed
to be nuisances within tthe meaning of all laws at any time in
force for the better repression of nuisances, save that the
court or magistrate before whom any person is found guilty
of any such offence, in lieu of all other punishment for the
same, shall order him for every such offence to pay a fine
not exceeding two hundred and fifty dollars; that is to say,-

(1) felling, cutting, destroying, or injuring any standing
or growing tree, shrub, or underwood, any grass-sod or turf,
or any fence or portion thereof (except in any case where
any such offence is proved to have been committed with a
felonious intention);

(2) doing any act wheeby injruy or obstruction, whether
directly or consequentially, may accrue to a public road,
path, or walk, or to the shore of the sea, or to navigation,
mooring, or anchorage, transit, or traffic;

(3) trespassing, by man or beast, upon or in any messuage,
tenement, cemetery, or land vested in or under the control or
management of any public officer or department whatsoever;

(4) obeying any call of nature on any way or in any public
exposed or other improper place, to the annoyance of other
persons; and

(5) depositing any earth, stones or building rubbish or
other materials on Crown land without a permit from the
Director of Public Works.

9.-(1) No private person shall occupy or erect any build-
ing or other thing whatsoever upon land not being under
lease from the Crown, without the licence of the Director of
Public Works.

As amended by No. 6 of 1918.
As amended by Law Rev. Ord., 1923.









(2) In this section building includes any shop, outhouse,
shed, or roof.

10. Mehdicancy in the public highways or street is here-
by forbidden.

11. Every person who violates, disobeys, or fails to comply
with any of the provisions-


(a) of section 9, shall a fine not exceeding fifty
dollars, besides the expenses of removing the building or
thing occupied or erected;

(b) of section 10, shall be liable to a fine not exceeding
five dollars.

11A.-(1) Every female who tein in any public place, or
being on any verandah or at any window or doorway over or
opening on to any public place, solicits persons for the pur-
pose of prostitution shall be liable to fine not exceeding fifty
dollars.

(2) It shall be lawful for any constable to take into custody
without warrant any female whom he shall find in any public
place offending against the provisions of this section.

(1) No person shall utter any shouts or cries or make
other noises while playing the game known as 'Chai-Mui
within the hours prescribed for any district or place by
regulation of the Governor in Council.

(2) Every person Who contravenes the provisions of this
section shall be liable to a fine exceeding ten dollars:
Provided, that where such contravention takes place in any
brothel, restaurant or common lodging-house, the keeper
mistress, or other person, having or appearing to have the
care or management thereof, either alone or with others, shall
be liable to the same-penalty.

13.- (1) No person shall, between sunset and the hour of
six in the follwoing morning, make or cause or permit to be
made or caused any noise whatsoever calculated to disturb
or interfere with the public tranquillity or calculated to
disturb or annoy any person.


As amended by No. 6 of J918 and Law Am. Ord., 1923.
As amended by No. 1 of 1913 and Law Am. Ord., 1923.





(2). Any person who shall contravene any of the provisions
of this section shall be guilty of an offence and shall be liable
to a fine not exceeding one huddred dollars or in default of
payment thereof to imprisonnient for any term not exceeding
three months.

(3) This section shall apply only such districts as the
Governor in Council may direct by notification in the, Gazette.

14. If it appears to the magistrate that the person so
offending acted as watchman or servant of the proprietor or
occupier,of any dwellilig-house, warehouse, or other out-house,
office, or premises, or of the inhabitant or person in charge
thereof, or by or with the direction, knowledge, sanction,
sufferance, or permission of suchietor or occapier or of
such inhabitant or person in charge as aforesaid, it shall be
lawful, for the magistrate to dismiss the charge as against
the watchman or servant or person acting as such and to
summon forthwith before him the proprietor or occupier, or
inhabitant or person in charge aforesaid, and being satisfied
that he did so direct, sanction, suffer, or permit the making
of the said noise, to impose a fine on such proprietor or
occupier, or inhabitant or person in charge aforesaid, not
exceeding one hundred dollars.

15. When any such noise as foresald is made in orpon
any dwellilig-house or premiss, if it is impractleable or
difficult to apprehend, discover, or identify the person so
making it, it, shall be lawful for the magistrate, on informa-
tion thereof, to summon, before him the proprietor or
occupier, or inhabitant, or person in charge, of such
dwelling-house or premises, and if it appears that such noise
was made by the direction or with the knowledge, sanction,
sufferance, or permission of the proprietor, occupier, inhabit-
ant, or person in charge, to impose on him a fine not, exceed-
ing one hundred dollars.

16.-(1) It shall be law, for any police constable to
destroy any dog or other animal reasonably suspected to be
in a rabid state, or which has been bitten by any dog or
animal reasonbly suspected to be in a rabid state.

See G. N. No. 41 of 1913.
As amended by No. 6 of 191





(2) The owner of any such do, or animal who permits the
same to go at large, after having information or reasonable
ground for believing it to be in a rabid state, or to have
been bitten by a dog or other animal in a rabid state, shall
be liable to a fine not exceeding two hundred and fifty
dollars or to imprisonment for any term not, exceeding three
months.

(3) It shall be lawfid for any police constable to destroy
any dog which is found straying or wandering about during
the day-time without any owner and not wearing either a
collar with the name and residence of the owner inscribed
thereon or a current licence badge; and any such constable
is hereby further authorised to destroy any dog which is found
staying or wandering about between the hours of 10 p.m.
and 5 a.m.

17.-(1) if it appears to a magistrate on complaint that
any dog is dangerous and is not kept under proper control
the magistrate may make an order that the said dog, be
either destroyed or kept under proper control.

(2) Such order may be made either against the owner or
against the person appearing to have the custody of the dog.

(3) If the person against whom the order is made fails to
comply therewith he shall be liable to a penalty not exceed-
ing ten dollars for every day on which he fails to comply
therewith.

18. No person, other than a person acting in obedience to
lawful authority, shall discharge ny cannon or other firearm
of greater calibre than a common fowling-piece within three
hundred yards of any dwelling-house to the annoyance of
any inhabitant thereof; and every person who, after being
warned of the annovarice by any inhabitant, so discharges
any such firearm, shall be liable to a fine not exceeding one.
hundred dollars.

19. Every person who within the Colony or in the harbour
or Waters thereof commits any of the following offences shall
be liable to a fine not exceeding two hundred and fifty
dollars or to imprisonment for any term not exceeding three
months:-

As amended by No. 6 of 1918.





(1) knowingly takes in exchange from any seaman or other
person, not being the owner or master of any vessel, any-
thing belonging to any vessel lying in the harbour or waters
aforesaid, or any part of the cargo of any such vessel, or any
stores or articles in charge of the owner or master of any
such vessel; or

(2) For the purpose of protecting or preventing anything
whatsoever from being lawfully seized within the Colony or
in the harbour or waters thereof, on suspicion of its being
stolen or otherwise unlawfully obtained, or of preventing the
same from being produced or made to serve as evidence
concerning any felony or misdemeanor committed or supposed
to have been commmitted within the Colony orin the harbour
or waters thereof, frames or causes to be frame any bill of
parcels containing any false statement in regard to the name
or abode of any alleged vendor, the quantity or quality of
any such' thing, the place whence or the conveyance by
which the same was furnished, the, price agreed upon or
charged for the same, or any other particular, knowing such
statement to be false; or fraudulently Produces such bill of
parcels, knowing the same to have ben fraudulently framed;
or

(3) bores, pierces, breaks, cuts open, or otherwise injures
any cask, box, or package containing wine spirits, or other
liquors on board any ship, boat, or vessel, or in or upon any
warehouse, wharf, quay, or bank, with intent feloniously to
steal or otherwise unlawfully obtain any part of the contents
thereof; or unlawfully frinks or wilfully spills or allows to
run to waste any part of the contents thereof; or

(4) wilfully causes to be broken, pierced, started, cut,
torn, or otherwise injured any cask, chest, bag, or other
package containing any goods, while on board of any barge,
lighter, or other craft, lying in the harbour or waters afore-
said, or any quay, creedk, wharf, or landing-place adjacent to
the same, or on the way to or from any warehouse, with
intent the contents of such package or any part thereof
may be spilled or dropped from such package.

20. Every person who removes or carries away any stone
or stake driven into the ground as land-mark, or for the
purpose of defining or marking the boundaries of any lot or






parcel of ground, shall be liable to a fine not exceeding fifty
dolalrs, or to imprisonment for any term not exceeding seven
days.

21. Every person who wilfully-

(1) cuts, breaks, damages, injures, or destroys any tree,
shrub, or underwood, whether the same is the property of
the Crown or of any private person; or

(2) damages, breaks, or destroys any fence, or any wall,
bridge, or embankment,

shall be liable to a fine not exceeding two hundred and fifty
dollars or to imprisonment for any term not exceeding three
months.

22. Every person who has in his possession any spear,
bludgeon, or other offensive weapon, or any crowbar, pick-
lock, skeleton-key, or other instrument fit for unlawful
purposes, with intent to use the same for any such unlawful
purpose, or is unable to give a satisfactory account of his
possession thereof, shall be liable to a fine not exceeding two
hundred and fifty dollars or to imprisonment for any term
not exceeding three months.

23. Every person who behaves in a riotous, noisy, or
disorderly manner, or uses any profane o indecent language
or any threatening, abusive, or insulting words or behaviour,
with intent to provoke a breach of the peace or whereby a
breach of the peace may be occasioned, shall be liable to a
fine not exceeding two hundred and fifty dollars or to
imprisonment for any term not exceeding three months.

24. Every person, not being a police constable, who-

(1) has in his possession any article being part of the
clothing , accoutrements, or appointments suppied to any
police constable, and is not able satisfactorily to account for
his possession thereof; or

(2) puts on the dress, or takes the name, designation, or
character, of any police constable for the purpose of thereby
obtaining admission into any house or other place, or of do-
ing or procuring to be done any act which a constable would


* As amended by No. 6 of 1918.






be entitled to do or procure to be done of his own authority,
or for any other unlawful prupose,

shall, in addition to any other punishment to which he may
be liable for such offenc,e be liable to a fine not exceeding
two hundred dollars.


Apprehension of offenders, etc.

25. It shall be lawful for any police constable, and for all
persons whom he may call to his assistance, to take into
custody withou warrant any person who within view of such
constable offends in any manner against this Ordinance, and
whose name and residence are unknown to and cannot be
ascertained by such constable.

26. It shall be lawful for any police constable to take into
custody without warrant any loose, idle, and disorderly person
whom he finds disturbing the public peace, or whom he has
good cause to suspect of having committed or being about to
commit any felony, misdemeanor, or breach of the peace, and
any person whom he finds between sunset and 6 a.m. lying
or loitering in any highway,. yard, or other place, and who
cannot give a satisfactory accont of himself.

27. * Any person found committing any offence punish-
able either on indictment or as a misdemeanor on summary
conviction by virtue of this Ordinance may be taken into
custody without warrant by any police constable, or may be
apprehended by the owner of the porperty on or with respect
to which the offence is committed, or by his servant or any
person authorised by him, and may be detained until he can
be delivered into the custody of a police constable, to be
dealt with according to law.

27. * any police constable may stop, search, and detain
any vessel, boat, cart or carriage in or upon which there is
reason to suspect that anything stolen or unlawfully obtained
may be found, and also any person who may be reasonably
suspected of having or conveying in any manner anything
stolen or unlawfully obtained; and any person to whom any
property is offered to be sold, pawned, or delivered, if he
has reasonable cause to suspect that any such offence has
been committed with respect to such property, or that the

* This section does affect pawnbrokers; No. 1 of 1860, s. 28.














same or any part theeof has been stolen or otherwise unlaw-
fully obtained, is hereby authorised, and if it is in his power,
is required, to apprehend and detain such offender, and as
soon as may be to deliver him into the custody of a constable,
together with such property, to be dealt vith according to
law.

29. It shall be lawful for any police constable to stop and
detain, until due inquiry can be made, any person whom,
and any horse, cart, or carriage, or any other animal or thing
which, he finds employed in removing the furniture of any
house or lodging, between 8 p.m. and 6 a.m., or whenever
such constable has good grounds for believing that such
removal is made for the purpose of evading the payment of
rent.

30. It shall be lawful for any police constable to take into
custody without warrant any person who is charged by any
other person with committing any aggravated assault, in
every case in which he has good reason to believe that such
assault has been committed, although not within view of
such constable, and that by reason of the recent commission
of the offence a warrant could not have been obtained for the
apprehension of the offender.

30A.-(1) Notwithstanding anything contained in the
Public Health and Buildings Ordinance, 1903, it shall be
lawful for any police officer to arrest any person found com-
mitting an offence against any of the provisions of sections
78, 82, 185, 210 or 211 of the said Ordinance, and to
prosecute such peson before a magistrate, and every such
person shall upon summary conviction at the suit of such
police officer be liable to a fine not exceeding one hundred
dollars.

(2) Nothing in this section shall be construed as affecting
any other procedure provided by law for the prosecution of
any such offence or as preventing the recovery of any greater
penalty hitherto recoverable by such procedure.

31.-(1) When any person having charge of any horse,
cart, carriage, or boat, or any other animal or thing, is taken
into the custody of any police constable under this Ordinance.

* As amdended by No. 6 of 1918 and Law Rev. Ord, 1923.








it shall be lawful for any constable to take charge of such
horse, cart, carriage, or boat, or such other animal or thing,
and to deposti the same in some place of safe custody as a
security for payment of any penalty to which the person
having had charge thereof may become liable, and of any
expenses necessarily incurred for taking charge of and keep-
ing the same.

(2) It shall be lawful for the magistrate before whom the
case is heard to order such horse, cart, carriage, or boat, or
such other animal or thing, to be sold for the purpose of
satisfying such penalty and reasonable expenses, in default of
payment thereof, in like manner as if the same had been
subject to be distrained, and had been distrained, for the
payment thereof.

32. Every person taken into custody byu a police constable
without a warrant, except a person detained for the mere
purpose of ascertaining his name and residence, shall be
forthwith delivered into the custody of the constable in
charge of the nearest police station, in order that such person
may be secured until he can be brought before a magistrate
to be dealt with according to law, or may give bail for his
appearance before a magistrate, if the constable in charge
deems it prudent to take bail in the manner hereinafter
mentioned.

33. When any person charged with any offence of which
he is liable to be summarily convicted before a magistrate,
or with having carelessly done any hurt or damage, is, with-
out warrant, in the custody of any constable in charge of any
police station, during the time when the police court or
magistrates' office is shut, it shall be lawful for such constable,
if he deems it prudent, to take the reconizance of such
person, with or without sureties, conditioned as hereinafter
mentioned.

34. When any person charged with any felony, or any
misdemeanor punishable by imprisonment with hard labour,
or any other grave misdemeanor, is without warrant in the
custody of a constable at any police station during the time
when the police court or magistates' office is shut, it shall
be lawful for the constable in charge of the police station to
require the person making such charge to enter into a
recognizance conditioned as hereinafter mentioned; and, on















his refusal to do so, it shall be lawful for such constable, if
he deems it prudent, to discharge from custody the person
so charged upon his own recognizance with or without
sureties, conditioned as hereinafter mentioned.

35. Every recognizanace so taken shall be without fee or
reward, and shall be conditioned for the appearance of a
peron thereby bound before a magistrate of the district in
which the police station is situated, at his next sitting, and
the time and place of appearing shall be specified in the
recognizance; and the constable shall enter in a book, to be
kept for that purpose at every police station, the name,
residence, and occupation of the party and his surety, if any,
entering into such recognizance, together with the condition
thereof and the sum thereby acknowledged, and shall reture
every such recognizance to the magistrate present at the time
and place when and where the party is bound to appear.

Possession of stolen goods.

36. Every person who is brought before any magistrate
charged with having in his possession or conveying in any
manner anything which may be reasonably suspected of
having been stolen or unlawfully obtained, and who does not
give an account, to the satisfaction of the magistrate, how he
came by the same, shall be deemed guilty of a misdemeanor,
and shall be liable to a fine not exceeding two hundred and
fifty dollars or to imprisonment for any term not exceeding
three months.

37. If information is given upon oath to any magistrate
or justice of the peace that there is reasonable cause for
suspecting that any thing stolen or unlawfully obtained is
concealed or lodged in any dwelling-house or other place, it
shall be lawful for the magistrate or justice, by special
warrant under his hand directed to any police constable, to
cause every such dwell-house or place to be entered and
searched at any time of the day or by night, if power for
that purpose is given by such warrant; and the magistrate
or justice may empower such constable, with such assistance
as amy be found necessary (such constable having previously
made known such his authority), to use force for effecting
such entry, whether by breaking open doors or otherwies;



* As amdended by No. 6 of 1918.







and if, on search thereupon made, any such thing is found,
then to convey the same before a magistrate, or to guard the
same on the spot until the offender is taken before a
magistrate, or otherwise to dispose thereof in some place of
safety, and moreover to take into custody and carry before a
magistrate every person found in such hosue or place who
appears to have been privy to the deposti of any such thing,
knowing or having reasonable cause to suspect the same to
have been stolen or otherwise unlawfully obtained.

38.-(1) When any person is brought before any magis-
trate charged with having or conveying any thing reasonably
suspected of having been stolen or unlawfully obtained, and
declares that he received the same from some other person, or
that he was employed as a carrier, agent, or servant to convey
the same for some other person, the magistrate is hereby
authorised and required to cause every such person, and also
if necessary every former or pretended purchaser or other
person into whose possession the same has passed, to be
brought before him and examined, and to examine witnesses
upon oath touching the same.

(2) If it appears to the magistrate that any person has
had possession of such thing, and had reasonable cause to
believe the same to have been stolen or unlawfully obtained,
every such person shall be deemed guilty of a misdemeanor,
and to have had possession of such thing at the time and
place when and where the same has been found and seized
(and the possession fo a carrier, agent, or servant shall be
deemed to be the possession of the person who has employed
such other person to convey the same); and shall be liable
to a fine not exceeding two hundred and fifty dollars, or to
imprisonment for any term not exceeding three months.

39.-(1) If any goods are stolen or unlawfully obtained
from any person, or, having been lawfully obtained, are
unlawfully deposited, pawned, pledged, sold, or exchanged,
and complaint is made thereof to a magistrate, and that such
goods are in the possession of any broker, dealer in marine
stores, or other dealer in second-hand property, or of any
person who has advanced money upon the credit of such
goods, it shall be lawful for the magistrate to issue a summons


* As amdended by No. 6 of 1918.
+ This section does not affect pawnbrokers: No. 1 of 1860, s. 28.


or warrant for the appearance of such broker or dealer, and
for the production of such goods, to be delivered up to the
owner theeof, either without payment or on payment of such
sucm and at such time as the magistrate may think fit.

(2) Every broker or dealer who, having been so ordered,
refuses or neglects to deliver up the goods, or who disposes
or or makes away with the same after notice that such goods
were stolen or unlawfully obtained as aforesaid, shall forefeit
to the owner of the goods the full value thereof: Provided
always that no such order shall bar any such broker or dealer
from recvovering possession of such goods by action from the
person into whose possession they may come by virtue of the
magistrate's order, provided that such action is commenced
within six months next after such order has been made.

40. * It shall be lawful for a magistrate to order that
any goods brought before him which have been unlawfully
pawned, pledged, or exchanged, and the ownership of which
is established to his satisfaction, shall be delivered up to the
owner by the person with whom they were so unlawfully
pawned, pledged, or exchanged, either without compensation
or with such compensation to that person as he may think fit.

41. When any goods or money charged to be stolen or
unlawfully obtained, and of which the owner is unknown,
are or is ordered by a magistrate to be delivered to the Captain
Superintendent of Police, it shall be lawful for a magistrate,
after the expiration of twelve months during which no owner
has appeared to claim the same, to order such goods or
money to be forfeited.

Miscellaneous.

42. Whereas informations are often laid for the mere
sake of gain, or by parties not truly aggreived, and the
offences charged in such informations are not further pro-
secuted, or it appears upon prosecution that there was no
sufficient ground for making the charge:-

In every case in which any information or complaint of
any offence is laid or made before a magistrate and is not
further prosecuted, or in which, if further prosecuted, it
appears to the magistrate by whom the case is heard that


* This section does not affect pawnbrokers: No. 1 of 1860, s. 28.








there was no sufficient ground for making the charge, the
magistrate shall have power to award amends, not exceeding
one hundred dollars, to be paid by the informant or com-
plainant to the party informed or complained against, for
his loss of time and expernses in the matter.

42. In case any peson lays any information before a
magistrate for any offence alleged to have been committed,
by which he was not personally aggrieved, and afterwards
directly or indirectly receives, without the permission of a
magistrate, anuy sum of money or reward for compounding,
delaying, or withdrawing the inforamtion, it shall be lawful
for a magistrate to issue his warrant or summons, as he may
deem best, for bringing before him the person charged with
such compounding, delay, or withdrawal; and if such offence
is proved by the confession of the said informer or by the
oath of any credible witness, he shall be liable to a penalty
not exceeding one hundred dollars.

44. Where any offence under paragraph(1) of section 3,
or under section 13, is committed on or from any premises the
person in actual occupation of such premises shall be liable to
the same penalty as the actural offender, unless the acutal offen-
der shall first have been prosecuted to conviction: Provided
that if a dwelling house is let out in flats nothing in this section
shall have the effect of imposing liability on any person other
than the occupier of the flat on or from which the offenc
was committed.

45. If any goods or money charged to be stolen or frau-
dulently obtained are or is in the custody of any constable
by virute of any warrant of a magistrate, or in prosecution
of any charge of felony or misedmeanor in regard to the
obtaining thereof, and the person charged with stealing or
obtainig possession is not found, or has been summarily
convicted or discharged, or has been tried and acquitted,
or if such person has been tried and found duilty, but the
property so in custody has not been included in any indictment
or information of which he has been found guilty, it shall
be lawful for a magistrate to make an oder for the delivery
of such goods or money to the person who amay appear to
be the rightful owner thereof, or in case the owner cannot be
ascertained, then to make such order with respect to the same


*As amended by No. 6 of 1918 and Law Rev. Ord., 1923.














as to the magistrate may seem meet : Provide always that
no such order shall be any bar to the right of any person to
sue the party to whom such goods or money may be deliver-
ed, and to recover the same from him by an action, provided
that such action is conmmenced within six months next after
such order has been made.

46.-(1) It shall be lawful for the Captain Superintendent
or other officer of police to require any person whose duty it
may be to remove ally filth or obstruction, or to do any other
matter or thing required, to be done by this Ordinance, to do
so within a certain time 'to be then fixed by the said officer,
and, in default of such requistion being complied with, the
officer shall eause to be removed such filyh ot obstruction or
do or cause to be done such other matter thing as afore-
said.

(2) It shall be lawful for the magistrate before whom the
offender has been convicted to order such offender, in addi-
tion to the penalties hereinbefore impose to pay such sum
of money for defraying the expenses of such removal, or of
coverable in the manner hereinafter povided for the re-
covery of penalties imposedn by this Ordinance.

47. Nothing in this Ordinance shall operate to the restraint
or punishment of any act or thing done undor or sanctioned
by lawful authority, yet so as that in every case the proof of
such lawful authority shall be on the person alleging the
same.

48. All summary proceeding's under this Ordinance may
be had on the information of any complainant.

49. Every person who, by committing any offence herein
forbidden has caused any hurt or damage to any person or
property may be apprehended, with without warrant, by
any constable, and if he does not, on demand, make amends
for such hurt or damage to the satisfaction of the person
aggrieved, he shall be detained by such constable in order
to be taken before a magistrate, and on conviction shall pay
such sum, not exceeding one hundred dollars, as may appear
to the magistrate to be reasonable amends to the person
aggrieved, besides any penalty to which he may be liable for
the offence.
50. Nothing in this Ordinance shall be construed to
prevent any person from being indicted or being proceeded
against by indictment or information for any indictable
offence made punishable on summary conviction by this
Ordinance, or to prevent any person form being liable to
be proceeded against byu action for any hurt or damage
caused by him: Provided, nevertheless, that no person be
punished twicxe for the same offence, and provided that no
compensation has been awarded for such hurt or damage.

51. the penalties imposed by this Ordinance shall be
recovered in a summary manner according to the provisions
of any Ordinance regulating the summary jurisdiciton of
magistrates.

[Originally No. 14 of 1845. No. 1 of 1913. No. 6 of 1918. No. 3 of 1919. Law. Rev. Ord., 1924.] Short title. Interpretation. Nuisances committed in public place, etc. [s.3 contd.] [s.3 contd.] [s.3 contd.] Dressing stone. Stree cries for buying or selling. Other offence against good order. [cf. No. 19 of 1912.] [cf. No. 4 of 1897.] Apprehension of offenders. Other nuisances, in the nature of trepass or damage. Occupying or building on Crown land, without licence. Mendicancy. Penalties for violation of ss. 9 and 10. Females soliciting for prostitution. Shouts while playing Chai-Mui. Making noise at night calculated to disturb public tranquillity. Watchman or servant making noise by direction of proprietor of dwelling-house, etc. Liability of proprietor of dwelling-house. Destruction of rabid dogs and animals. Stray dogs. [cf. No. 54 of 1911.] Dangerous dogs. 34 & 35 Vict.c. 56, s. 2. Firing near dwelling-house. Offences relating to vessels, seamen, and merchandise. Removing land-mark. Wilful damage to tree, etc. [cf. No. 6 of 1917.] Possession of offensive weaponm, etc., with intent. Behaving riotously or provoking breach of peace. Improper possession of arms or clothing, or assumption of character, of police constable. Offender whose name and residence are unknown. Disorderly person. Power of constable and person aggrieved to apprehend offender in certain cases. Power to stop, search, and detain vessel, etc., or person suspected of conveying stolen property. Power to detain person, etc., removing furniture in night-time, etc. Apprehension without warrant of person charge with aggravated and recent assault. Power to arrest and prosecute in certain cases. Ordinance No. 1 of 1903. Detention and sale of horse, cart, etc., of person apprehended. Person apprehended without warrant to be taken to police station. Taking of recognizance of person charged with summary offence. Binding over of person making charge. Condition of recognizance. Persons suspected of having or conveying stolen property. Search warrant for thing stolen or unlawfully obtained. Examination of person from whom stolen thing received. Order for delivery of goods stolen or fraudulently obtained and in possession of dealer in second-hand property. Restoration of property unlawfully pawned. Forfeiture of stolen goods or unclaimed money. Amends to person charge on unfounded information or complaint. Penalty on common informer for compounding without permission of magistrate. Liability of occupier in the case of certain offences. Order for delivery of goods or money charged to have been stolen or fraudulently obtained, and in custody of constable. Removal of filth, etc., and recovery of expenses. Acts done by lawful authority. Summary proceedings. Compensation for hurt or damage. Saving of liability of offender to indictment or action. Recovery of penalties.

[Originally No. 14 of 1845. No. 1 of 1913. No. 6 of 1918. No. 3 of 1919. Law. Rev. Ord., 1924.] Short title. Interpretation. Nuisances committed in public place, etc. [s.3 contd.] [s.3 contd.] [s.3 contd.] Dressing stone. Stree cries for buying or selling. Other offence against good order. [cf. No. 19 of 1912.] [cf. No. 4 of 1897.] Apprehension of offenders. Other nuisances, in the nature of trepass or damage. Occupying or building on Crown land, without licence. Mendicancy. Penalties for violation of ss. 9 and 10. Females soliciting for prostitution. Shouts while playing Chai-Mui. Making noise at night calculated to disturb public tranquillity. Watchman or servant making noise by direction of proprietor of dwelling-house, etc. Liability of proprietor of dwelling-house. Destruction of rabid dogs and animals. Stray dogs. [cf. No. 54 of 1911.] Dangerous dogs. 34 & 35 Vict.c. 56, s. 2. Firing near dwelling-house. Offences relating to vessels, seamen, and merchandise. Removing land-mark. Wilful damage to tree, etc. [cf. No. 6 of 1917.] Possession of offensive weaponm, etc., with intent. Behaving riotously or provoking breach of peace. Improper possession of arms or clothing, or assumption of character, of police constable. Offender whose name and residence are unknown. Disorderly person. Power of constable and person aggrieved to apprehend offender in certain cases. Power to stop, search, and detain vessel, etc., or person suspected of conveying stolen property. Power to detain person, etc., removing furniture in night-time, etc. Apprehension without warrant of person charge with aggravated and recent assault. Power to arrest and prosecute in certain cases. Ordinance No. 1 of 1903. Detention and sale of horse, cart, etc., of person apprehended. Person apprehended without warrant to be taken to police station. Taking of recognizance of person charged with summary offence. Binding over of person making charge. Condition of recognizance. Persons suspected of having or conveying stolen property. Search warrant for thing stolen or unlawfully obtained. Examination of person from whom stolen thing received. Order for delivery of goods stolen or fraudulently obtained and in possession of dealer in second-hand property. Restoration of property unlawfully pawned. Forfeiture of stolen goods or unclaimed money. Amends to person charge on unfounded information or complaint. Penalty on common informer for compounding without permission of magistrate. Liability of occupier in the case of certain offences. Order for delivery of goods or money charged to have been stolen or fraudulently obtained, and in custody of constable. Removal of filth, etc., and recovery of expenses. Acts done by lawful authority. Summary proceedings. Compensation for hurt or damage. Saving of liability of offender to indictment or action. Recovery of penalties.

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