Jan. 12.] THE NEW ZEALAND GAZETTE. 31

(3.) Playing or betting in any public place* at or with any table or instrument of gaming, at any game or pretended game of chance;

(4.) Having in his custody or possession, without lawful excuse (the proof of which excuse shall be on such person) any picklock-key, crow, jack, bit, or other implement of housebreaking.

(5.) Being armed with any gun, pistol, sword, bludgeon, or other offensive weapon or instrument, with a felonious intent.

(6.) Being found by night having his face blackened, or wearing felt or other slippers, or being dressed or otherwise disguised with a felonious intent.

(7.) Being found by night†, without lawful excuse (the proof of which excuse shall be on such person), in or upon any dwellinghouse, warehouse, coachhouse, stable, or outhouse; or in any enclosed yard, garden, or area; or in or on board any ship or other vessel when lying or being in any port, harbour, or place within the colony.

(8.) Who, being a suspected person or reputed thief, frequents any port or harbour, river, canal, navigable stream, dock or basin, or any quay or wharf, or any other public place, or any house, building, or other place adjacent to any such port or harbour, river, canal, navigable stream, dock or basin, or quay or wharf, with intent to commit felony. (Section 28, “Police Offences Act, 1884.”)

13. In each of these cases the constable must judge from the situation and behaviour of the party what his intention is. In some cases no doubt can exist, as when the party is a notorious thief, or acting with those who are thieves, or when the party is seen to try people’s pockets in a crowd, or to attempt to break into a house, or to endeavour to take any property secretly from another. The constable must not act hastily in case the intention is not clear, but content himself with watching closely the suspected party, that he may discover his design.

FELONY.

14. The constable must arrest any one whom he sees in the act of committing a felony, or discovers immediately after the commission of a felony, or any one whom another positively charges with having committed a felony, or whom another suspects of having committed a felony, if the suspicion appear to the constable to be well-founded, and provided the person so suspecting go with the constable, and sign the charge-book.

15. Though no charge be made, yet if the constable suspect a person to have committed a felony at any time previously, for which he has not been tried, he should arrest him; and if he have reasonable grounds for his suspicion, he will be justified, even though it should afterwards appear that no felony was, in fact, committed; but the constable must be cautious in thus acting upon his own suspicions. Generally, if the arrest was made discreetly and fairly in pursuit of an offender, and not from any private malice or ill-will, the constable need not doubt that the law will protect him. (See Judge Johnston’s “Justice of the Peace,” sections 632 and 634.)

16. On the apprehension of any person who has committed or is suspected to have committed a felony, if there is reason to believe that any property connected with the felony will be found on the premises which such person has been occupying, the arresting constable should, in the presence of the party so arrested, search such premises, and open any boxes, cases, or other receptacle of property belonging to the prisoner which he may find there.*

17. A constable should, when apprehending a person charged with felony in a case of death or wounding, minutely examine the prisoner’s hands, clothes, knives, &c., and inspect the place where the felony is said to have been committed, taking care to measure and mark all particulars tending to show the mode of entry into the house, &c., which is very often of the utmost importance. If a print from a shoe be left he should take care that it does not get defaced; he should protect it, and place a watch to prevent its being disturbed. Should the boot or shoe be obtained from any party suspected he should take care the same be not placed in the print already left, but by the side thereof, and he then measure it very carefully by compasses, &c. If a person appear likely to die from the effects of a wound any statement made by him as to the cause of the wound should be carefully attended to, and, if possible, be taken down in writing, as such a statement, in the event of his death, may be given in evidence, where such death is the subject of inquiry, against the accused person, though made behind his back and not on oath, if the deceased when he made the statement believed that he was in a dying state. Evidence to this effect should also be noted. Should the injured person believe that he is dying, the statement should commence by referring to the fact.

18. Whenever any person, charged with an offence of which he is liable to be summarily convicted before Justices of the Peace, shall be brought without the warrant of a Justice of the Peace into the custody of any constable in charge of a police-station or watchhouse, and cannot conveniently be taken forthwith before a Justice of the Peace, it shall be lawful for such constable, if he deem it prudent so to do, to take the recognition of such person with or without sureties, conditioned, for the appearance of such person before a Justice of the Peace at a certain time and place to be specified in such recognition, not later than seven days from the date of such recognition. The “Justices of the Peace Act, 1882,” provides that such recognition shall be taken without fee or reward, and the constable taking the same shall enter in a book, to be kept for that purpose at every police-station or watchhouse, the names, residence, and occupation of the party and his surety or sureties (if any) entering into the recognition, together with the conditions thereof, and the sums respectively acknowledged; and such entry shall be signed by the party and his surety or sureties (if any) entering into such recognition, and shall be laid

• “Public place” includes and applies to—
  Every road, street, footpath, footway, court, alley, and thoroughfare, of a public nature, or open to or used by the public as of right, and to every place of public resort so open or used. Also any public park, garden, reserve, or other place of public recreation or resort; or
  Any railway-station, platform, or carriage; or
  Any public wharf, pier, or jetty; or
  Any passenger ship or boat plying for hire; or
  Any licensed public vehicle plying for hire; or
  Any church, chapel, 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 any payment of any gate-money. (Sections 2 and 18, “Police Offences Act, 1884.”)

† Between 9 p.m. and 6 a.m. (Vide section 1, “Larceny Act, 1867.”)

*In a recent case, in reply to observation by counsel that a constable had acted illegally in making search without a search-warrant, Pollock, C.B., is reported to have said that he could not allow to go uncontradicted the statement that the constable was not justified in searching the place where a prisoner was found who was charged with felony. It was frequently, he added, most essential to the ends of justice that this should be done. (Snowden, page 184, according to “Wilkinson’s Australian Magistrate,” page 108 n.)