Ordinance Clauses




95

of any such vessel, and for preventing fire, preserving peace and good order, and for the prevention or detection of any felonies or misdemeanors on board of such vessel.

  1. Be it enacted, That any Constable may demand admittance, for the purpose of preventing or repressing disorderly conduct, into any house, shop, or place of public resort, wherever provisions, liquors, or refreshments of any kind shall be sold or consumed (whether the same shall be kept or retailed therein or procured elsewhere), and any unnecessary delay in giving admission to the said Constable shall subject the party to a penalty not exceeding five pounds.

  2. Be it enacted, That if any person shall be convicted of Drunkenness before any Justice of the Peace, he shall forfeit and pay a sum of not less than five shillings, nor more than twenty shillings; and in default thereof, shall be imprisoned for any period not exceeding forty-eight hours. If any person shall have been so convicted three times within the space of six calendar months, he shall upon such third conviction, forfeit and pay such sum as aforesaid, and be imprisoned for the term of seven days, with hard labour, at the discretion of the Magistrates.

  3. Be it enacted, That every person armed with any gun, pistol, sword, bludgeon, or having in his possession any pick-lock, crow-bar, jack, bit, or other implement, with intent feloniously to break into, or having broken into any building for an unlawful purpose, or frequenting any street, highway, quay, wharf, or thoroughfare, with intent to commit felony, may be imprisoned by any two Justices of the Peace for the term of Three Calendar Months.

  4. Be it enacted, That it shall be lawful for any Constable, finding any person with property in his possession, which may reasonably be suspected of having been stolen or unlawfully obtained, to take such person before a Justice of the Peace, to be dealt with according to law.

  5. Be it enacted, That any person who shall damage any public building, wall, parapet, sluice, bridge, road, street, sewer, culvert, water-course, or other public property, shall pay the cost of repairing the same, and if the same be wilfully done, shall forfeit and pay a further sum not exceeding twenty pounds nor less than five pounds.

  6. Be it enacted, That any person doing or causing to be done, or permitting any of the acts specified in Schedule A, to this Ordinance annexed, upon the carriage or foot-way, shall, on conviction before any Justice of the Peace, be liable to a penalty not exceeding forty and not less than five shillings.

  7. Be it enacted, That any Constable may require any person being the owner of any of the articles enumerated in the Schedule A, to remove the same from the carriage or foot-way, and that any person not removing the same, shall be liable to a penalty not exceeding forty and not less than five shillings, for each time that he shall fail to remove any of the said articles, within reasonable time, after having been required so to do, and any Constable may seize the same, where the owner after having been once required to remove any article, or where the owner of any article cannot be found, may proceed to sell the same after giving notice (in all cases where the value of the article seized shall be more than ten shillings) of the seizure by an advertisement in the Government Gazette, to sell the same when the value of the article is under ten shillings, without notice, the proceeds of the sale to go to pay the penalties incurred, for the breach of any provision of this Ordinance, and the surplus, if any, to such charitable purpose as the Lieutenant-Governor may direct: Provided, that nothing in this Ordinance shall be taken to prevent any person from placing an awning, or verandah, in front of his shop or house, but such awning or verandah must be at least seven feet above the height of the footway in front of such house or shop, and the posts must be placed close up to the curbstone or outer edge of such footway.

  8. Be it enacted, That any person who shall discharge any fire arms without lawful cause, or let off any fire works in any street or public place, shall be liable to a fine not exceeding five pounds, nor less than five shillings.

  9. Be it enacted, That any person burning any shavings or other things in any street or public place, or setting fire to the bush, scrub, or flax, within the limits of any town, shall be liable to a fine of not more than forty, nor less than five shillings, and shall compensate any person damnified thereby, the amount of compensation to be assessed by any two Justices of the Peace.

  10. Be it enacted, That any person bathing near to, or within view of any public wharf, quay, bridge, street, or other place of public resort, so as to...



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Online Sources for this page:

VUW Te Waharoa PDF Otago Provincial Gazette 1855, No 28





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⚖️ Constabulary Force Ordinance (continued from previous page)

⚖️ Justice & Law Enforcement
Constabulary, Powers, Penalties, Public Order