POLICE OFFENCES ACT, 1884.

Poverty Bay Independent, Volume I, Issue 17, 27 June 1885, Page 3

POLICE OFFENCES ACT, 1884.

(Continuedfrom our last.} X. Any constable may enter at any time into any sale-yard or place where animals are usually sold or kept for the purposes of sale, and may inspect the

condition of such yard or place, and of any animal found therein, and of the appliances for the comfort, food, or shelter for such animals. Any person hindering such constable from so entering and inspecting shall be guilty of an offence against this Act, and shall for every such offence be liable to a penalty not exceeding ten pounds. XI. Whenever any offence against any of the provisions of section seven shall be committed, —

Any constable, upon his own view thereof, shall, or, upon the complaint of any other person who shall declare his or her name or place of abode to the said constable, may, take such offender into custody and forthwith, without any other authority or warrant, convey him before a Justice :

Any Justice may, without previously issuing any summons, forthwith issue his warrant for the apprehesion of any person charged with any offence under the last aforesaid sections, whenever good grounds fur so doing shall be stated on oath before such Justice. XII. Whenever any person having charge of any vehicle or any animal is taken into custody by any constable fo r any offence against the provisions of sections seven or eight, such constable may take charge of such vehicle or animal and 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, or the owner thereof may become liable, and for payment of any expenses which may have been or may be necessarily incurred for taking charge of and keeping the same ; and any Justice before whom the case is heard may order such vehicle or such animal 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 and had been distrained for the payment of such penalty and expenses. XIII. If it shall be made to appear to any justice of the Peace or Resident Magistrate, by personal inspection, or by the testimony of a competent witness, that any animal impounded in any pound, or found elsewhere, is in such a weak disabled, or diseased state that it ought to be killed, it shall be lawful for him, by writing under his hand, to order that the said animal shall be forthwith killed ; and such order shall be sufficient authority to the Poundkeeper or owner of such animal, or any other person authorized by the said Justice or Resident Magistrate, to kill the same.

XIV. Any Resident Magistrate or any two or more Justices may appoint, in writing under his or their hands, any officer, agent, or servant of any society for the prevention of cruelty to animals to be a special constable, to act for such time and within such limits as may be appointed, and such special constable shall, during such time and within such limits as his appointment extends, have, exercise, and enjoy all such powers, authorities, advantages, and immunities, and be liable to all such duties and responsibilities, as any constable duly appointed now has by the common law of England or of any Act in force in the colony, and shall be deemed to be a constable within the meaning of sections ten and eleven.

XV. Any person who throws, casts, drops, or lays, or causes or procures to be thrown, cast, dropped,, or laid, any poison—

i. On or in any public place, or any place adjacent thereto, in any borough or town district ; or on or within three chains of any highway outside of any borough or town district ; or 11. On any land or premises anywhere, not in his own actual occupation ; or

111. Buries any poison in any land at less than two feet from the surface thereof, shall for every such offence, be liable to a penalty not exceeding ten pounds. Nothing in this enactment shall affect or control any of the provisions of “ The Rabbit Nuisance Act, 1882.” XVI. Any person who on Sunday, in or in view of any public place, trades, works at his trade or calling, deals, transacts business, or exposes goods for sale, or keeps open to public view any house, store, shop, bar or other place for the purpose of trading, dealing, transacting business, or exposing goods for sale therein, shall be liable to a penalty not exceeding one pound.

But nothing herein contained shall apply to works of necessity or charity, or the driving of live stock, or the sale of medicines, or the sale or delivery of milk, or to hairdressers or barbers before nine o’clock in the forenoon, or to persons driving any public or private carriage or cab, or to persons employed in the working of railway trains or tram cars, or cable lines, or on steamers, vessels, or boats, or to any livery stable-keeper, or to any person letting boats for hire, or to any person employed in or in connection with any telegraph or post office, or to any person employed in preparing, printing, and publishing a daily paper. XVII. In any case where, under this Part of this Act, any offence is created, and it appears to the Justice before whom the complaint or information against any person for the commission of any such offence may be heard that the person committing the same has acted only under the orders or by the sanction of any master or employer of any such person, and that such matter or employer is, in fact, the offending party either solely or as well as such person so rendered liable, such Justice may summon and proceed against such master or employer as if the information or complaint had originally been laid or made against any master or employer, and may either discharge such person so first informed or complained against, or may otherwise proceed against both, as such Justice may see fit.