POLICE OFFENCES ACT Current statute keeps old-world flavour

Press, Volume CXIV, Issue 33450, 4 February 1974, Page 24

POLICE OFFENCES ACT Current statute keeps old-world flavour

Archaic words and phrases, and snippets of legislation aimed at the wrong-doer of a bygone age abound in the pages of a statute which is [daily applied in New i Zealand courts. I Since its enactment in 1927, the Police Offences Act has defined offences and[ [prescribed penalties for [almost every transgression: that one can imagine, and Ifor a few at which the imagination boggles today. Many; [of its provisions which have' [survived a reprinting (1965)1 land numerous amendments; (during the years now have a: [quaint ring to them, even, (accepting as commonplace! the legal phraseology em- 1 ; ployed. j The act is divided into four parts which deal with [general police provisions, indecency and vagrancy, billiards rooms, boxing and .wrestling contests, and mis-i 'cellaneous provisions. j At a time when the New Zealand motorist faces the prospect of less fuel at a higher price, and stiff penalties for driving a car with a high “octane” liquor intake, it would not be unreasonably to expect a revival of interest by the police in the “horse and cart” provisions of the act, should the frus- ' trated traveller be tempted [to reach for great-granddad’s [riding whip. i A section on “furious ■driving, etc.,” in a public 'place makes it an offence [for a person to furiously or negligently ride or drive any animal, vehicle or engine, or carriage or conveyance of any kind. The maximum penalty for so doing is a fine not exceeding £lO. FLAPPING AWNINGS A similar penalty applies to the driver who rides without reins on a cart, dray or waggon, or the person who acts as driver or has the sole charge of more than one vehicle, “unless in cases where two of such vehicles and no more are drawn each by one horse only, and the horse of the hinder of such i vehicles is attached by a sufficient rein to the back of the foremost of such vehicles.” Nor should the would-be; equestrian overlook the fact; that it is an offence to standi

11 any cart, coach or other ve•jhicle with the curtains, coverings or awnings unfas'itened and liable to be ! I flapped about by the wind ;iso as to frighten horses. ■ I The drinking rider will] . find that he does not have! everything his own way! [either. A maximum fine of! £lO or imprisonment for up [[to three months is prescribed for being found] [[drunk while in charge of; 'any carriage, horse, cattle or' .[steam engine. 1 Among offences classified [las obstructions and breaches! [iof good order, an updated'penalty of $5O (formerly [I $lO ) is prescribed for per’imitting any horse to serve a ' mare for breeding purposes,: J or permitting a mare to be I '[brought to a horse; or al 'horse to a mare, in order to! ascertain if she is in season! for taking the horse for breeding purposes, in or within sight of a public. ' place. So much for the hazards [ lof tethering up to the local' . I tavern, or being a suburban ’ two-horse family. ' The section on breaches of good order also forbids such activities as allowing the ' drippings of the eaves of a house to fall on a footpath, ! emptying a privy or cesspool or carting away ' nightsoil without a licence, rolling a cask, beating a carpet, flying a kite or using; bows and arrows, or a 'catapult or shanghai. SMOKING AGE Of particular interest to : those young persons in the kite-flying or catapult age is section 27 which says that every person is liable to a' ' fine not exceeding $5O who sells, gives, or supplies any I cigarette, cigar or tobacco to any youth under the age of 15 for his own use. The person of tender years who smokes in a public place any of the aforementioned tobacco products, or purchases them for his own use, is liable to a fine of five shillings for a second or subsequent offence (a conviction can be recorded , for the first offence). Provided, however, that the youth can produce a medical certificate to say that smoking is beneficial to his health, no conviction can [be entered against him. A further provision direct-: led at the young is contained;

in section two of the Police Offences Amendment Act , 1954 which creates an of-j jfence for any person to sell.' give or otherwise dispose of' any contraceptive to any; ichild under the age of 16, or. instructs, or persuades or at-’ itempts to instruct or per-' Isuade any child of this age! ito use any contraceptive. The offender is liable on; (summary conviction in the' (case of a first offence to a, 'fine not exceeding $2OO and! in the case of a second or' (subsequent offence to impro-i iisonment for up to three! (months or a fine of up to* $4OO. The child who procures: any contraceptive, knowing (its purpose, commits an ofi fence and is liable to have a ■conviction recorded for the (first offence and be fined up Ito £2 for the second or subsequent offence. GATHERING ALMS Among provisions to deter I vagrants is a section which Isays that every person shall be deemed to be an idle and ■disorderly person and be liable to a fine not exceeding $2OO or to imprisonment for up to three months who wanders abroad or places himself in any public place to beg or gather alms. Those who are found by night armed with any' gun, pistol, sword or bludgeon or (other offensive weapon also leave themselves open to being deemed idle and dis-' orderly. A stiffer penalty of a $4OO fine or imprisonment for up to one year can be imposed on a person deemed to be a, rogue and vagabond in that (he preys on his fellow men (in any one of a variety of ways. These range from playing games of chance to being found by night with his face blackened, or wearing felt or other slippers, or being dressed or otherwise disguised with felonious intent. Section 59 of the act provides that any person adjudged to be idle and disorderly or a rogue and vagabond, and his “trunks, boxes, bundles, parcels or packages and any cart or other vehicle found in his possession,” may be searched. Any money found may then be applied to meet I 'the expense of apprehending (him and conveying him to (prison and maintaining him, there. If no money is found his effects may be sold and the proceeds applied to this purpose. Fortune telling for reward by palmistry or other means, or purporting to act with intent to deceive as a spiritualistic medium, or exercising powers of telepathy or clairvoyance come within the ambit of the act. Fortune tellers face a maximum fine of $lOO and mediums a fine of $2OO. Which all goes to show that crystal ball gazing can be even less profitable than gazing into the depths of an empty beer jug.