SUMMARY OFFENCES ORDINANCE, 1845

SUMMARY OFFENCES ORDINANCE, 1845

No. 1 of 1845.
To make provision for the preservation of Good Order and Clean-
liness and the prevention of Nuisances.
[26th Dec., 1845.]

1. The Summary Offences Ordinance, 1845.

2. In this Ordinance,-
'Public officer' or 'Public department',extends to and in-
cludes the Governor and every officer or department invested with
or performing duties of a public nature, whether under the im-
mediate control of the Governor or not:
'Lawful authority' extends to and denotes any permission
which may be lawfully given by a public officer or department or
by a private person :
Where no specific description is given of the ownership 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 department, or by a private person.

Nuisances, Trespasses, and similar offences.
3. Every peron shall be liable to a fine not exceeding 50 dollars
who, in any thoroughfare or public place or place adjacent thereto,
commits any of the following offences:-
(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 offensive matter whatsoever,on any of the
roads, streets, ways, or public passages,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
aforesaid to remain exposed in any drain, sewer, or elsewhere,
opposite to 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 inhabitants or

As amended by No. 50 of 1911.
As amended by No. 1 of 1909, No.30 of 1911, No. 50 of 1911 and No.
51 of 1911.




passengers; or in any manner defiles or polIutes any well, stream,
or watercourse used by any of the inhabitants of the City of Victoria,
or for the suppiny with water of ships resorting to the harbour; or
(2) commits any nuisance in the neighbourhood of any house or
place of public passage; or
(3) sets out or leaves, or causes to be set out or left, any scaffold-
ing, bricks, lime, barrels, bales or cases of merchandise, or any
other matter or thing which obstructs, incommodes, or endangers,
or may obstruct, incommode, or endanger, any person or carriage
in any public road or thoroughfare ; 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 bouse or
shop ; or set up or continues any pole, blind, awning, line, or other
projection from any window, parapet, or other part of any house,
shop, or other building so as to cause any annoyance or obstruction
in any thoroughfare; or

(5) encroaches on any public way or Crown land by erecting any
building, either on or projecting over the same, or constructs any
spout which projects the rain-water therein; 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,
or insafe state, and when it endangers or may endanger the pas-
sengers in any thoroughfare; 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 road or thoroughfare ; or, when passing or meeting
another horse or carriage, 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 the
public road or thoroughfare; or

(9) in any thoroughfare or public place, to the annoyance of the
inhabitants or passenges, kills or slaughters, or exposes for show
or sale (except in a market lawfully appointed for that purpose), 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 unmuzzled ferocious
dog or other animal belonging to him ; or sets on or urges any dog
or other animal to attack, worry, or put in 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 passeng-
ers 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 road or thoroughtfare,
wantonly or unnecessarily blows any horn, beats any gong or drum,
or makes any other noise calculated to annoy or alarm any person
or to frighten any house or oker animal ; or
(13)wantonly discharges 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 danger 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 lawfully extingishes the
light of any lamp ; or
(15) plays at any game or pastime to the annoyance of the in-
habitants or passengers ; or
(16) plays at any game in any public passage or road, so as to
obstruct the same or create a noisy assembly therein; or
(17) lewdly and indecently exposes his person by bathing or
otherwise near any public road or dwelling-house; or
(18) uses, exercises or follows in ur 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, slaughterman,soapmaker, sugarbaker,fellmonger,melter
of tallow, oilman, butcher, distiller, victualler or tavern-keeper,
blacksmith, nightman, scavenger, or any other noisy, noisome, or
offensive trade or business whatever,without the previous licence





of His Majesty, signified in writing by the Governor or other
person duly authorized in that behalf.

4. Every person shall be liable to a fine not exceeding 25 dollars
who, within the City of Victoria, in any street, thoroughfare, or
public place, or in any place adjacent thereto, contrary to any
regulations made by the Governor-in-Council, rough-dresses or
causes to be roughdressed granite or any other stone whatever for
the erection of any building or for any other purpose.

5. Every person shall be liable to a fine not exceeding 25 dollars
who uses or utters cries for the purpose of buying or selling any
article whatsoever, or who makes any noise whatsoever with the
object of disposing of or attracting attention to his goods, wares, or
trade, within any distrIct or place not permitted by regulation of the
Governor-ln-Council.

6. Every person shall be liable to a fine not exceeding 50 dollars
who commits any of the following offences:-

(1) erects auy shed or house of other inflammable
material, so as in case of fire to endanger any neighbouring building;
or
(2) without the consent of the owner 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 thereto;or
[sub-sec,(3),rep.No. 45 of 1902.]
(4) neglects to affix to his house,and keep alight during the n
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 annoyance of any person inhabiting or
residing near thereto;or

As amended by No. 51 of 1911.
AS amended by No. 50 of 1911 and No. 51 of l911.
As amended by No. 45 of 1902, No. 50 of 1911 and No. 51 of 1911.





(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 mutilates or otherwise ill-uses any horse,
mule, dog, or other animal.

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 the last four sections, or, if such
offence has not been committed within 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 person 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 the 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 100 dollars ; that is to say,-

(1) felling, cutting, destroying,or injuring any standing or grow-
ing 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 whereby injury 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 ;

As amended by No. 51 of 1911.
As amended by NO. 50 of 1911.





(3) trespassing, by man or beast, upon or in any messuage, tene-
ment, cemetery, or land vested in or under the control or
management of any public office or department whatsoever; and
(4) obey any call of nature on way or in any public exposed
or other improper place,to the annoyance of other persons.

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

(2) In this section the word 'building' includes any shop, out-
house, shed, or roof.

10. Mendicancy in the public highways or streets is hereby
forbidden.

11. Every person who violates.disobeys,or fails to comply
with any of the provisions-
(a) of section 9, shall be liable to a fine not exceeding 50
dollars, besides the expense of removing the building or thing
occupied or erected;
(b) of section 10, shall be liable to a fine not exceeding 5
dollars.

lla.--(1) livery female who being in any thoroughfare
or public place, or being on any verandah or at any window or door-
way over or opening on to any thoroughfare or public place, solicits
persons for the purpose of prostitution shall, on summary conviction,
be liable to a fine not exceeding 50 dollars.
(2) It shall he lawful for any constable to take into custody
without warrant any female whom he shall find in any thorough-
fare or public place offending against the provisions of tbis section.

(3) 'Thoroughfare' and 'publuc place' shall include all
thoughfares,streets,roads,lanse,alleys,courts,squares,arch-
ways, passages, paths, ways and places to which tho public have
access either continuously or periodically, whether the same are
the property of the Crown or of private persons.

AS amened by No. 51 of 1911 and No. 21 of 1912.
As amended by No. 14 of 1911 and No. 22 of 1912.
Aw amended by No. 7 of 1905, No.1 of 1906, No. 50 of 1911 and No. 8
of 1912





12.-(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 this enactment shall be liable
to a fine not exceeding 10 dollars : Provided that where such con-
traventlon takes place in any brothel 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
llable to the same penalty.

13.-(1) No person shall,between sunset and 6 a.m.,make or
cause to be made any noise whatever calculated to disturb, annoy,
or interfere with the public tranquillity or the quiet of the occupier
or inhabitant of any dwelling-house within the City of Victoria or
its vicinity.

(2) In case any person makes or causes to be made any such noise
as aforesaid,it shall be lawful for any such occupier or inhabitant
or for any police constable or other person to summon the person
so offending before a Magistrate, and it shall be lawful for the
Magistrate to deal with the case summarily,and to ippose a fine
on such offender not exceeding 100 dollars.

14. If it appears to the Magistrate that the person so offending
acted is watchman or servant of the proprietor or occupier of any
dwelling-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 such
proprietor or occupier 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 100 dollars.

As amended hy No. 50 of 1911 and No. 51, of 1911.
As amended by No. 50 of 1911, No. 51 of 1911, No. 21 of 1912 and No.
22 of 1912.





15. When any such noise as aforesaid is made in or upon any
dwelling-house or premises, if it is impracticable or difficult to
apprehend, discover, or identify the person so making it, it shall
be lawful for the Magistrate,on information thereof,to summon
before him the proprietor or occupier,or inhabitant or person in
charge,of such dwellinng-house pr premises,and if it appears that
such noise was made by the discretion or with the knowledge,
sanction, sufferance, or permission of the preprietor,occupier,in-
habitant, or person in charge, to impose on him a fine not exceeding
100 dollars.

16.-(1) It shall be lawful 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 reasonable suspected
to be in a rabid state.

(2) The owner of any such dog 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 exceed-
ing 100 dollars.


17. It shall be lawful 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 a colar with the name and
residence of the owner inscribed thereon ; and any such constable
is hereby further authorised to destroy any dog which is found stray-
ing or wandering about between the hours of 10 p.m.and 5 a.m.

18. No person, other than a person acting in obedience to lawful
authority, shall discharge any cannon or other firearm of greater
calibre than a common foeling-piece within 300 yards of any
dwelling-house to the annoyance of any inhabitant thereof; and
every person who, after being warned of the annoyance by any
inhabitant, so discharges any such firearm, shall be liable to a fine
not exceeding 100 dollars.

As amended by NO. 50 of 1911 and NO. 51. of 1911.
As amended by No. 51 of 1911.





19. Every person who within the Colony or in the harbour
or waters thereof, commits any of the following offences shall be
Iiable to a fine not exceeding 100 dollars, or to imprisonment without
hard labour for any term not exceeding 14 days,-
(1)knowingly takes in exchange from any seaman or other
person, not being the owner or master of any vessel, anything be-
longing 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 what-
soever from being lawfully seized within the Colony or in the
habour 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 comitted or supposed to have been
committed within the Colony or in the harbour or waters thereof,
frames or causes to be framed 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 changed 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 been frau-
dulently framed; or
(3) bores, pierees, 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 unlaw-
fully obtain any part of the contents thereof ; or unlawfully drinks
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 aforesaid, or any quay, creek, wharf, or
landing-place adjacent to the same, or on the way to or from any
warehouse, with intent that the contents of such package or any
part thereof may be spilled or dropped from such package.

* As amended by No. 30 of 1911 and No. 50 of 1911 .





20. Every person who removes or carries away any stone or stake
driven into the ground as a 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 50 dollars, or to imprisonment,
without hard labour, for any term not exceeding 7 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 100 dollars, or to imprison-
ment, without hard labour, for any term not exceeding 14 days.
22. Every person who has in his possession any spear, bludgeon,
or other offensive weapon, or any crowbar, picklock, 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 100 dollars ,or to imprisonment,without hard
labour, for any term not exceeding 14 days.
23. Every person who behaves in a riotons, noisy, or disorderly
manner, or uses any profane or indecent language or any threaten-
ing, 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 50 dollars, or to
imprisonment, without hard labour, for any term not exceeding
7 days.
24. Every person, not being a police constable,who-
(1) has in his possession any article being part of the clothiog,
accoutrements, or appointments supplied 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 charac-
ter, of any police constable, for the purpose of thereby obtaining
admission into any house or other place, or of doing or procuring
to be done any act which a constable would be entitled to do or
procure to be done of his own authority, or for any other unlawful
purpose,

As amended by No.30 of 1911 and No. 50 of 1911.
As amended by No.50 of 1911 and No. 51 of 1911.




shall, in addition to any other punishment to which he may be liable
for such offence, be liable to a fine not exceeding 200 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 without
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
find; between sunset and 6 a.m. lying or loitering in any highway,
yard, or other place,and who cannot give a satisfaction account of
himself.

27. Any person found committing any offence punishable 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 pro-
perty on or with respect to which the offence is committed, or by
his servant or any person authorized 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.

28. 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 reasonable 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 deli-
vered,if he has reasonable cause to suspect that any such offence
has been committed with respect to such property,or that the same
or any part thereof has been stolen or otherwise unlawfully obtained,
is hereby authorized, and if it is in his power, is required, to
apprehend and detain such offender, and as soon as may be to

This section is not applicable to pawnbrokersL:No. 1 of 1860, s. 28.
As amended by No. 50 of 1911.
As amended by No. 51 of 1911.





deliver him into the custody of a constable, together with such
property, to be dealt with 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 the offence a warrant could not have been
the recent commission of the offence a warrant could not have been
obtained for the apprehension of the offender.

21.--(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, it shall be
lawful for any constable to take charge of such horse, cart, carriage,
or boat, or such otber animal or thing, and to deposit 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
keeping 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 tbing, 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 by a police constable without
a warrant,except a person detained for the mere purpose ascer-
taining his name and residence, shall be 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


As amended by No.51 of 1911.
As amended by No.50 of 1911 and No. 51 of 1911.




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 betore a Magistrate,or with having
carelessly done any hurt or damage, is, without warrant, in the
custody of any constable ill 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
recognizance of such person, with or without sureties, conditioned
as hereinafter mentioned.
34. When any person charged with any felony, or any mis-
demeanor 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 Magistrates' office is shut, it shall be lawful for the con
stable 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 recognizance so taken shall be without fee or reward,
and shall be conditioned for the appearance of a person 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 return every such
recognizance to the Magistrate present at the time and place when
and where the partly 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 being stolen or unlawfully
As amended by No. 50 of. 1911.
AS amended by No. 30 of 1911 and No. 50 of 1911.




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 penalty not exceeding
100 dollars, or to imprisonment for any term not exceeding 14 days.

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 dwelling-bouse 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 may be found
necessary (such constable having previously made known such his
authority),to use force for effecting such entry, whether by break-
ing open doors or otherwise ; 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 house or place who appears to have
been privy to the deposit of any such thing, knowing or having
reasonable cause to suspect the same to have been stolen or other-
wise unlawfully obtained.
38.-(1) When any person is brought before any Magistrate
charged with having or conveying any thing 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 require 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 he brought before him and
examined,and to examine witnesses upon oath tonching the same.
(2) If it appears to the Magistrate that any person has had pos-
session 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

As amended by No. 2 of 1906, No. 50 of 1911, No. 51 of 1911 and No. 8
of 1912.
As amended by No. 30 oE 1911 and No. 50 of 1911 and No. 51 of 1911.




such thing at the time and place when and where the same has been
found and seized (and the possession of 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 lie liable to a fine
not exceeding 100 dollars, or to imprisonment for any term not
exceeding 3 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 store,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 or warrant for the appearance of such broker or
dealer, and for the production of such goods, to be delivered up to
the owner thereof, either without payment or on payment of such
sum 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 of or makes
away with the same after notice that such goods were stolen or
lawfully obtained as aforesaid, shall forfeit to the owner of the
goods the full value thereof : Provided always tbat no such order
shall bar any such broker or dealer from recovering 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 6 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 exchancyed
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 12 months

This section is not applicable to pawnbrokers:No.1 of 1800, s. 28.
As amended by No. 50 of 1911.
As amended by No. 51 of 1911.
As amended by No. 50 of 1911 and No. 51 of 1911.





during which no owner has appeared to claim the same, to order
such goods or money to be forfeited.

Miscellaneous Provisions.
42. Whereas informations are often laid for the mere sake of gain,
or by parties not truly aggrieved, and the offences charged in such
informations are not further prosecuted, or it appears upon prosecu-
tion 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 pro-
secuted, or in which, if further prosecuted, it appears to the
Magistrate by whom the case is heard that there was no sufficient
ground for making the charge, the Magistrate shall have power to
award amends, not exceeding 100 dollars, to be paid by the inform-
ant or complainant to the party informed or complained against, for
his loss of time and expenses in the matter.
43. In ease any person 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, any sum of money
or reward for compounding, delaying, or withdrawing the informa-
tion, 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 100 dollars.

44. For every second or subsequent offence under this Ordinance
(not being an offence made punishable under sections 4, 5, and 13
to 19), the offender shall be liable to a penalty in double the amount
or to imprisonment for not more than 14 days where the penalty
imposed for the first offence does not exceed 50 dollars, and for not
more than one month where the penalty imposed for the first offence
does not exceed 100 dollars.
45. If any goods or money charged to be stolen or fraudulently
obtained are or is in the custody of any constable by virtue of
any warrant of a Magistrate, or in prosecution of any charge of

As amended by No. 19 of 1911 and No 50 of 1911.
As amended by No. 19 of 1911, No. 50 of 1911 and No. 51 of 1911.
As amended by No. 80 of 1911 and No. 50 of 1911.





felony or misdemeanor in regard to the obtaining thereof, and the
person charged with stlealing or obtaining or 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 guilty, but
the property so in custody has not been included in any indictment
or information on which he has been found guilty, it shall be lawful
for a Magistrate to make an order for the delivery of such goods or
money to the person who may 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 to the Magistrate may seem
meet: Provided 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 delivered, and to recover the same from him by an action,
provided that such action is commenced within 6 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 any 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 requisition being complied with, the officer shall cause to be
removed such filth or obstruction or do or cause to be done such
other matter or thing as aforesaid.
(2) It shall be lawful for the Magistrate befofe whom the offend-
er has been convicted to order such offender, in addition to the
penalties hereinbefore imposed, to pay such sum of money for
defraying the expenses of such removal, or of doing such other
matter or thing, as to the Magistrate may seem just and reason-
able; and the sum so ordered shall be recoverable in the manner
hereinafter provided for the recovery of penalties imposed by this
Ordinance.

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

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

As amended by No. 50 of 1911 and No. 51 of 1911.
As amended by No. 51 of 1911.





49. Every person who, by committing any offence herein for-
bidden has causel any hurt or damage any person or property
may be apprehended, with or without warrant, by any con-
sable, 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 Magis-
trate, and on conviction shall pay such sum, not exceeding 100
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 or being proceeded against by indictment
or information for any indictable offence made punishable on sum-
mary conviction by this Ordinance, or to prevent any person from
being liable to be proceeded against by action for any hurt or
damage caused by him: Provided, nevertheless, that no person be
punished twice for the same offence, and provided that no com-
pensation has been awarded for such hurt or damage.

51. The penalties imposed by this Ordiance shall be recovered
in a summary manner according to the provisions of any Ordinance
regulating the summary jurisdiction of Magistrates.
Short title. Interpretation of terms. Nuisances committed in thoroughfare or public place, or place adjacent thereto. Dressing stone in Victoria. Street cries for buying or selling. Other offences against good order. [cf. No. 19 of 1912.] [c.f. 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 b 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.] Firing near dwelling-house. Offences relating to vessels, seamen, and merchandise. Removing land-mark. Wilful damage to trees, etc. [cf. No. 10 of 1910.] Possession of offensive weapon, 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 charged with aggravated and recent assault. 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 good or unclaimed money. Amends to person charged on unfounded information or complaint. Penalty on common informer for compounding without permission of Magistrate. Second or subsequent 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.

Short title. Interpretation of terms. Nuisances committed in thoroughfare or public place, or place adjacent thereto. Dressing stone in Victoria. Street cries for buying or selling. Other offences against good order. [cf. No. 19 of 1912.] [c.f. 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 b 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.] Firing near dwelling-house. Offences relating to vessels, seamen, and merchandise. Removing land-mark. Wilful damage to trees, etc. [cf. No. 10 of 1910.] Possession of offensive weapon, 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 charged with aggravated and recent assault. 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 good or unclaimed money. Amends to person charged on unfounded information or complaint. Penalty on common informer for compounding without permission of Magistrate. Second or subsequent 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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