34
THE NEW ZEALAND GAZETTE.
[No. 3

children so to do; all persons going about as gatherers of alms, or as collectors under any false pretence; and all persons imposing, or endeavouring to impose, upon any charitable institution or private individual by any false or fraudulent representation, either verbally or in writing, with a view to obtain money or some other benefit or advantage.

44. Every person whom he shall find wilfully exposing to view in any street, road, thoroughfare, highway, or public place;* or who shall expose or cause to be exposed to public view, in the window or other part of any shop or other building situate in any street, road, thoroughfare, highway, or public place, any obscene book, print, picture, drawing, painting, or other indecent exhibition or representation.

45. Every person whom he shall find wilfully and obscenely exposing his or her person in any street, road, or public highway, or in view thereof, or in any place of public resort.

46. Every person whom he shall find playing or betting in any street, road, highway, or other open and public place† at or with any table or instrument of gaming or pretended game of chance.

47. Any person who shall sing any obscene song or ballad, or write or draw any indecent or obscene word, figure, or representation, or use 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.‡

48. Any person who shall use any threatening, abusive, or insulting words or behaviour in any public place with intent to provoke a breach of the peace, or whereby a breach of the peace may be occasioned.

49. In all these cases constables are empowered to arrest without a Magistrate’s warrant any person whom they shall find so offending; and they are also bound to receive into their custody any person found committing any of these offences who, having been apprehended by another, is delivered to them; and any refusal or wilful neglect to take such offender into their custody, or to take or convey him or her before some Justice of the Peace, will be a neglect of duty, and will render him liable to the penalty attached to such neglect.

50. A constable, upon his own view or upon the complaint or information of any one who declares his name and place of abode to the constable, may seize and secure—
    (1.) Any person who cruelly beats, ill-treats, over-drives, overloads, abuses or tortures any animal,§ or being the owner of or having the charge of such animal, omits to supply any such animal with proper and sufficient food, water, or shelter;
    (2.) Any person who keeps, or uses, or acts in the management of any place for the purpose of fighting or baiting any kind of such animal, or permits or suffers any place to be so used, and any person who receives money for the admission of any other person to any place kept or used as aforesaid;
    (3.) Any person who in any manner encourages, aids, or assists at the fighting or baiting of any such animal; and
    (4.) Any person who slaughters, brands, conveys or carries, or causes to be slaughtered, branded, or conveyed or carried, any such animal in such a manner or position as to subject such animal to unnecessary pain or suffering.

51. With regard to other offences punishable summarily, the following are cases in which the offenders may be apprehended without warrant:—
    (1.) Soldiers deserting from the Army and seamen from Her Majesty’s Navy (see Mutiny Act, and 10 and 11 Vict., cap. 62, section 9.)
    (2.) Smuggling. (See “Customs Laws Consolidation Act, 1882,” section 225).
    (3.) Persons offending in view of a constable against section 7, Part I., and Parts II. and III. of “The Police Offences Act, 1884,” and against any of the remaining provisions of the said Act, if the name and residence of the offender shall be unknown to the constable and cannot be ascertained by him.
    (4.) Persons lurking or loitering about with a view to communicating with prisoners under sentence. (See section 33, “Prisons Act, 1882.”)
    (5.) Women quitting a female reformatory without a discharge. (See section 21, “Contagious Diseases Act, 1869.”)

52. There are many cases in which it may be desirable that the constable should only ascertain the name and residence of the party offending, and he should then take care that he secures the means of finding him afterwards. A report should be made to his superior officer, either immediately or when relieved, according to circumstances.

53. He should enter any licensed premises, or premises in respect of which an occasional license is in force, for the purpose of preventing or detecting the violation of any of the provisions of “The Licensing Act, 1881.” (See section 184.)

54. He must also report the name of any publican or keeper of any house, shop, room, or place of public resort wherein provisions, liquors, or refreshments of any kind shall be sold or consumed (whether the same shall be kept or retailed therein or procured elsewhere), who shall knowingly permit or suffer in such house, room, shop, or place drunkenness or any other disorderly conduct, or any unlawful game or gaming whatsoever, or prostitutes or persons of notoriously bad character to assemble or continue therein. (“Licensing Act, 1881,” sections 146, 147, and 149.)

55. A constable may arrest any inmate absenting himself from an industrial school without leave of the manager, and convey such child into the manager’s custody. (“Industrial Schools Act, 1882,” section 68.)

56. The police are required to obey the lawful orders of all Magistrates made by them in the execution of their judicial duties—as, for instance, by serving all legal processes, such as warrants, summonses, orders of Court, &c.

SUMMONSES.

57. Summonses will be delivered to constables in duplicate, or with the original summons will be delivered a copy. The constable should in the first instance endeavour to serve the original personally—that is, deliver it into the possession of the individual to whom it is addressed. In case the constable is unable from any cause to serve the summons personally, it will generally be considered a sufficient service if it be left with some person for the person to whom it is addressed at his last or most usual place of abode, the nature of the summons being explained to the person with whom it is left. The constable serving it shall keep a copy of the summons, and indorse on it the date of its service. Although a summons may be served by day or night, the constable serving will be careful to execute this duty between sunrise and sunset as much as possible; and in serving at the abode he is not to require admittance into the dwellinghouse. The summons should not be served by the constable who is either the informant or com-

• For statutory definition of public place, see note to section 12, ante, page 31.

† Where the arrest is under the Police Offences Act of a party offending, such person must be taken either in the act of committing the offence, or on a fresh pursuit.

‡ Obscene words or figures written, painted, or chalked on walls, doors, fences, &c., should be defaced by the police during the night.

§ The word “animal” means and includes any beast or bird of any kind or species whatever, and whether of domestic or wild nature, and whether indigenous or imported into the colony. (See section 7, “Police Offences Act, 1884.”)