POLICE OFFENCES ACT, 1884.

Poverty Bay Independent, Volume I, Issue 18, 4 July 1885, Page 4

POLICE OFFENCES ACT, 1884.

{Continuedfrom our last.) PART IT. INDECENCY AND VAGRANCY. 18. For the purposes of Part IT. of this Act, the words “ public place ” shall, in addition to the meaning assigned to the said words in section two of this Act, be deemed to include— Any public park, garden reserve, or other public place of public recreation or resort; or

Any railway station, platform, or carriage; or

Any public wharf, p.’cr, or jetty ; or Any passenger ship or boat plying for hire ; or

Any licensed public vehicle plying for hire ; or

Any church, chaple, or other public building, where Divine service is being publicly held; or Any public hall, theatre, or room in which any public concert, theatrical representation, or other public entertainment is being held or performed, or is taking place; or Any market; or

Any auction room, or mart, or place, while a sale by auction is there proceeding; or Any open bar in the premises of any licensed publican, whether under an annual or temporary license ; or Any racecourse, cricket-ground, football-ground, or other such place, to which the public have access free or on payment of any gate-money; or Any public place within the meaning of the same words in section two of this Act. Drunkenness and Riot.

XIX. Every person found drunk in any public place— On a first conviction, shall be liable to a penalty of not more than twenty shillings, and, in default of payment thereof, may be imprisoned for any period not exceeding fortyeight hours. On a second conviction within a period of six months, shall be liable to a penalty not exceeding three pounds, and in default may be imprisoned for any period not exceeding seven days. On a third conviction within such period of six months, shall be liable to be imprisoned for any period not exceeding fourteen days, or, at the discretion of the convicting Justice, to a penalty not exceeding five pounds, and fourteen days’ imprisonment in ca s e of default; and Ou any subsequent conviction within such period of six months, shall be deemed to be a habitual drunkard, and shall be liable to be imprisoned for any period not exceeding three months.

XX. Every person who is drunk while in charge, on any public place, of any carriage, horse, cattle, or steam-engine, or when in possession of any firearms and ammunition, or who, while drunk, is guilty of riotous or disorderly behaviour on or in any public place, shall bo liable to n penalty not more than ten pounds, or, in the discretion of the convicting Justice, to imprisonment for any term not exceeding three months. XXI. Where any person shall be arrested in a state of helpless drunkenness—

1. It shall be the duty of the constable for the, lime being in charge of such person, until such person shall be brought before a Justice, to visit the said person from time to time, so that not more than three hours shall intervene between any two of such visits. Proper remedies shall bo used in order that such person shall not perish from cold or exhaustion, and if the senior constable present shall think it necessary, medical assistance shall be procured without delay for such person. If. The Justice before whom any such person as aforesaid shall b a

brought may, if ho shall think fit, remand such person for not more than seven days, and thereafter for such further time as ho shall think proper, (o some hospital, infirmary, or other filt'ng place for curative treatment and care. Wiien any person shall bo so remanded, lie shall be deemed ,o bo in the custcdy of the gaoler, and ho may bo brought from the place to which ho has been sent, and taken before any Justice, io be proceeded against for the offence in respect of which be was originally arrested. All expenses incident in either of such cases, and the cost of his maintenance in any hospital, infirmary, or other place to which he may have been sent for curative treatment, shall be paid by such person, and shall be recovered from him in a summary way. Any Justice before whom ho shall be brought, either in the first instance or at any time thereafter, shall make an order for payment of such expenses, when ascertained, separate from any other order made by him or any other Justice in respect of such person or his offence.

In default of payment of such expenses and cost of maintenance, such person may bo imprisoned for any term not exceeding three months.

XXII. Any person who keeps or has any house, shop, room, tent, or place of public resort wherein, provisions or liquors of any kind are sold or consumed, and knowingly permits or suffers prostitutes or persons of notoriously bad character to meet together and remain therein, shall for every such offence, be liable to a penalty of not more than ten pounds. XXIII. Any common prostitute— I. Who loiters and importunes passengers in or upon any public place for the purpose of prostitution, shall, for every such offence, be liable to a penalty of two pounds, or to imprisonment for any term not exceeding one month. 11. Who behaves in a riotous or indecent manner in any public place, shall be liable to imprisonment for any time not exceeding three months. Obscenity. XXIV. Any person who commits any of the next following offences shall be liable to imprisonment with hard labor for any time not exceeding one year:— _l. Wilfully offers for sale or for distribution, or exhibits to public view in any public place, or who exposes or causes to be exposed to view in the window or other part of any shop or other budding situate in any public place, any indecent, or obscene book, paper, writing, print, picture, drawing, or representation. .• <

IT. B ! ngs any obscene song or ballad, or writes or draws any indecent or obscene word, figure, or representation, or uses any profane, indecent, or obscene language, in any public place, or within the view or hearing of any person passing therein, or residing in such public place. 111. Wilfully and obscenely exposes life person in any pub’ic place or within the view thereof, or wilfully does any grossly indecent act in such place, or within, the view thereof, whe'her alone or with any other person.