Small Charges Act (Cap. 10:39)

LAWS Uf<' DUMINICA ~ -~~--~ ;::;lVIALL Ltij-\.Kli1:.J~ i\.L i CHAPTER 10.39 Act L.I. 11 ofl891 Amended by L.I. 4 of 1876 7 of 1897 240f1897 8 of 1906 8 of 1924 3 of 1927 2 of 1931 40f1932 7 of 1933 2 of 1936 D.190f1939 50f1951 13 of1952 60f1953 1 of 1955 4 of 1960 11 of 1964 19 of 1965 5 of 1967 17 of 1970 70f1974 18 of 1976 18 of 1981 12 of 1990 Current Authorised Pages Pages Authorised I ;..",...1.. ~; \ J...., t p n ~ ~ ..o=L.r. ~ " T &...I . 1-23 111991 2 Chap. 10:39 Small Charges on Subsidiary Legislation This Chapter contains no Subsidiary Legislation. Small Charges C:HAPTER 10:39 SMALL CHARGES ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. PART I ARREST OF CERTAIN OFFENDERS Chap. 10:39 3 3. Apprehension of idle and disorderly person, etc. 4. Arrest of person found carrying arms, etc. 5. Magistrate may issue warrant for apprehension of idle and disorderly person, etc. 6. Magistrate may issue warrant to search for and apprehend idle and disorderly person, etc. 7. Property of idle and disorderly person, etc., may be taken before Magistrate. PART II OFFENCES 8. 9. 10. 11. 12. 13. 14. 15.." 17. 18. 19. 20. Abuse and bad language. Aiders and abettors in offences punishable on summary con viction. Annoyance in public place. Arms and other offensive weapons. Assault. Begging. Boats, removing. Canes, planting near town. Dancing or other amusement. Depasturing stock. Disorderly conduct. n1~nrnf"rlv hn!!<:f" ~--",--~~===..=.=..,j .:..:....; .....;..;..... T 11 n 111001 4 Chap. 10:39 SECTIOf"~ Small Charges 22. Drunkenness. 23. Escaping from legal confinement or custody. 24. Family, neglect or desertion of. 25. Fire. 26. Fireworks, etc. 27. Gambling. 28. Harbouring thieves, etc. 29. Incorrigible rogues. 30. Indecency. 31. Miscellaneous offences. 32. Malicious damage. 33. Nuisances. 34. Offences for which no punishment provided. 35. Officers neglecting their duty. 36. Police, hindrance, assault, obstruction of, etc. 37. Posting placards and defacing buildings, etc. 38. Pretending to tell fortunes, etc. 39. Prostitutes. 40. Refusal to assist police officer, etc. 41. Refusing to give name, etc. 42. Riotous conduct. 43. Rogues and vagabonds. 44. Stolen property, receiving or being in possession of. 45. Taking horses, etc. 46. Threats. 47. Throwing missile in public place or vicinity. 48. Trespass on land, etc. 49. Vagrancy. 50. Vagrancy with burglar's tools or with arms, etc. 51. Vagrants assaulting or resisting the police. 52. Violence. 53. Wounding. PART III PROCEDURE 55. Form of conviction as idle and disorderly persons, etc. 56. Powers of Magistrate as to property of idle and disorderly person, etc. SCI1~DlJLE~ Small Charges CHAPTER SMALL CHARGES ACT Chap. 10:39 5 AN ACT to provide for offences punishable with fines which do not exceed four thousand dollars, and to prohibit the commission of certain acts and offences in or against the public. [lst March 1892] 1. This Act may be cited as the SMALL CHARGES xcr. 2. In this Act, "public place" includes any road, street, square, sidewalk, alley, court, path, wharf, pier, jetty, bridge, shop, courthouse or any other place to which the public have access or are admitted without payment. PART I ARREST OF CERTAIN OFFENDERS 1961 Ed. Cap.53. L.Lll of 1891. Commencement. Short title. Interpretation. 3. (1) It shall be lawful for any person whatsoever to apprehend Apprehensionof any person who is found committing any offence upon conviction for id'~leanddl isor er y person, which he would be deemed to be an idle and disorderly person, or a etc. rogue and a vagabond or an incorrigible rouge within the meaning of this Act and (a) forthwith to take and convey him before a Magistrate; or (b) to deliver him to any constable or other peace officer of the place where he has been apprehended, to be taken and conveyed before a Magistrate, (2) Tn case any constable or other peace officer (a) refuses or wilfully neglects to take any such offender into his custody and to take and convey him before L.R.o.1Il991 6 Chap. 10:39 Small Charges Arrest of person found carrying arms, etc. Magistrate may issue warrant for apprehension of idle and disorderly person, etc. Magistrate may issue warrant to search for and apprehend idle and disorderly person, etc. and disorderiy ,-ii',;,,;,.,. r.;.-............r------: -- .: . ---" be taken before Magistrate. (b) does not use rJs taest endeavours to take and convey before some Magistrate any person that he finds com mitting any such offence, it shall be deemed a neglect ofduty in any such constable or other peace officer and he shall, on conviction, be punished in such manner as is directed in section 35. 4. Any peace officer may arrest any person found carrying abroad any gun, pistol, hanger, cutlass, bludgeon or other offensive weapon, who is unable to give a satisfactory reason for the possession of the same, and take such person before a Magistrate. 5. Any Magistrate, upon oath of being made before him that any person has committed or is suspected ofhaving committed any offence upon conviction for which he would be deemed to be an idle and disorderly person, or a rogue and a vagabond, or an incorrigible rouge within the meaning of this Act, may issue his warrant to apprehend and bring before him or some other Magistrate the person so charged to be dealt with as directed by this Act. 6. Any Magistrate, upon information given to him on oath that any person herein described as an idle and disorderly person, or as a rogue and a vagabond, or as an incorrigible rogue is oris reasonably suspected to be harboured or concealed in any house kept or purported to be kept for the reception, lodging or entertainment oftravellers, may by warrant under his hand and seal, authorise any constable or other person or persons to enter at any time into such house and to apprehend and bring before him or any other Magistrate every such idle and disorderly person, rogue and vagabond, and incorrigible rogue as shall be found therein, to be dealt with in the manner herein directed. person charged with being an idle and disorderly person, or a rogue and a vagabond or an incorrigible rogue, may take any horse, mule, ass, can, car, caravan or other vehicle or goods in the possession or use of such person, and take and convey the same as well as such person before a Small Charges PA..,'.~T II OFFENCES Chap. 10:39 7 8. Any person who makes use of any abusive, blasphemous, indecent, insulting, profane or threatening language (a) in any public place; or (b) in any place to the annoyance of the public; or (c) tending to a breach of the peace, is liable to a fine of two hundred and fifty dollars or to imprisonment for one month. Abuse and bad language. 9. Any person who aids, abets, counsels or procures the commis- Aiders and sion of any offence which is punishable on summary conviction is abffeuorsin o ences liable to be proceeded against and convicted for the same, either punishable on together with the principal offender or before or after his conviction, summary and is also liable on conviction to the same forfeitures and punishments f~~~~~~Ol. and to make the same payments as those to which the principal offender would be liable. 10. (1) Any person who in any public place persists, after being warned not to do so by any other person, or by a police officer or local or special constable, in accompanying or following such other person about for the purpose of (a) soliciting alms or employment; or (b) satisfying idle curiosity; or (c) annoying, is liable to a fine ofseventy- five dollars orto imprisonment for fourteen days. (2) Any person who in any public place or on or around any premises, persists in loitering therein, or in behaving in an idle or disorderly manner after being warned not to do so, or to move on, by ..,. 4 ~ ~ ~" • .". ~ ." ~ any ponce orncer or oy any local or speciai COnSIaDle ISuaoie to a nne ..... -c "'...... .............. . ~ ..... ...J.....l1~ '" UL 1>!:;VCl!lV-llVC UlJl!dl1>. Annoyance in public place. [7 of 1974]. .. .. 11. (1) ...Q.....iiy :p-erson round CUiiy"lIlg aDroaa any gun, PistoL, nanger, ,Arnis ano other cutlass, bludgeon or other offensive weapon whatsoever, or any explo- offensive weapon. sive matter or thing, who is unable to give a satisfactory reason for the [18 of 1976]. L.K.U.lI1YYl 8 Chap. 10:39 Small Charges Assault. Begging. dollar-s Dr to imprisonment forone month, and in addition to a.n.y suell penalty, the Magistrate may take from any such person any such gun, pistol, hanger, cutlass, bludgeon or other offensive weapon. (2) For the purpose ofsubsection (1) any person found carrying abroad any walking cane, staff, wand or any rod of any material or any piece of wood without being able to offer a satisfactory reason for the possession of the same shall be deemed to be carrying abroad an offensive weapon. 12. (1) Any person who assaults or beats any other person is liable to a fine of two hundred and fifty dollars or to imprisonment for two months. (2) Any person who in the opinion ofthe Magistrate is guilty of an aggravated assault (a) on any male child whose age does not in the opinion of the Magistrate exceed fourteen years; or (b) upon any female, is liable to a fme of one thousand dollars or to imprisonment for six months. 13. (1) Any person wandering abroad or placing himself in any public place to beg or to gather alms, or causing or procuring any child or children to do so, shall be deemed an idle and disorderly person within the meaning ofthis Act, and is liable to a fine oftwo hundred and fifty dollars or to imprisonment for one month. (2) Any person (a) wandering abroad and endeavouring by the exposure of wounds or deformities to collect alms; or (b) going about as a gatherer or collector of alms, or endeavouring to procure charitable contributions of any nature or kind under any false or fraudulent pre lC;,l.l\...C; , CI'h..,.ll ho. rl,~o.rv'lo.A f- hOI. " ......n..t'Y1Ili"'1t. o....,A 1"1 .. ro.~n.h.n. ......A ..... '1.,.1,...;"'" t-h ..... 7'1n. ..... n ......-i...,rT.n..-f"t-h-io - - - - - - - - .- - .- -- -. - -- - -- - .- - - - - - Act, and is liable to imprisonment for three months. Boats, removing. 14. Any person who takes or attempts to take any boat, canoe or raft from or out of any mooring wharf, boathouse, beach, landing stage or Small Charges Chap. 10:39 9 personorpersonsenL.-usted \:VitI1 thechargethereof,andwiL~outhaving any probable claim or pretence of title thereto, is liable to a fine of two hundred and fifty dollars, and the payment of the fme, or the suffering of any imprisonment in default ofthe payment, shall not affect the right of action of the party aggrieved. 15. Any person who, except with the permission ofthe Minister or, Canes,planting where there is a Town and Country Board or a Board of Health, then near town. with the permission of such Board, plants or causes to be planted canes to the northward or eastward of any city or town within such distance thereof (not exceeding one hundred feet) as may be fixed by the Board of Health is liable to a fine of three thousand dollars. 16. (1) Any parent or person entrusted with the charge of a child, Children. who wilfully neglects to provide adequate food, clothing, medical aid or lodging for the child being in his custody and under the age of fourteen years, whereby the health of the child is or is likely to be seriously injured, is liable to imprisonment for six months; but the Magistrate may suspend the sentence until further notice if the offender enters into his own recognizances with or without one or more sureties, as the Magistrate may think fit, to come up for judgment when called upon. (2) Any holder of a licence under any Licensing Act in force who sells or allows any person to sell, to be consumed on the premises, any description of spirits to any person apparently under the age of sixteen years, is liable on first conviction to a fine of fifty dollars and on subsequent conviction to a fine of one hundred dollars. 17. (1) Any person who receives in any house or place for the Dancingorother purpose of dancing or other amusement for money, or other payment amusement. on reward, any persons, without having obtained a licence for such purpose from a Magistrate under his hand and seal (which licence it shall be discretionary in the Magistrate to grant or withhold), shall be and is liable to imprisonment for three months. (2) Any peace officer may enter any house or place where dancing or other amusement is going on for money or other payment or reward, or where any persons are assembled for such purpose without a licence as provided for in subsection (1), and warn all persons L.R.o.1I1991 10 Chap. 10:39 Small Charges Depasturing stock. Disorderly conduct. [17 of 1973]. houseOf place after the warning, ornotdispersing when required to do - - - so by any peace officer, shall be deemed to be an idle and disorderly personwithinthe meaningof this Act,andis liable to imprisonment for one month. 18. Any person who unlawfully and maliciously places, fastens or depastures any animal on any land or on any public thoroughfare, is liable to a fme of two hundredand fiftydollars or to imprisonment for one month. 19. (1) Any person whoin any public place conductshimself in a disorderly manner, or conducts himself in such a noisy manner as to disturb the neighbourhood, is liable to a fine of two hundredand fifty dollars or to imprisonmentfor one month. (2) If any person conductshimself in his own house or prem ises' or suffersor allowsanyotherpersonso to conducthimselftherein as to repeatedly annoy or disturb the neighbourhood, any person annoyedor disturbedtherebymay complainto a Magistrate, who may ifhe is satisfiedthat there aregoodgroundsfor the complaintcause the person so offendingto be warned, and if afterthe warningsuchperson shall within three months so conduct himself in his own house or premises,or shallsufferor allowanyotherpersonso toconducthimself therein as to annoy or disturbthe neighbourhood, he is liable to a fine of two hundred and fifty dollars or to imprisonmentfor one month. (3) Anypersonwhobehavesprofanelyor irreverentlyorinde cently or in a disorderly manner, or who smokes in any building appropriated for religious worship during the performance of any religiousservice therein,or in any churchyardor cemeteryduring the performance of any religious service on the interment of the dead, is liable to a fine of two hundred and fifty dollars. (4) Any person who wilfully disturbs, interrupts or disquiets any body of persons assembled for any moral, social or benevolent 1 r .. o 1 1 • 1 ...... 1 PUli-'·'"'~fC uy lJIUla.IllC U1~~UUl~t;, uy lUUC; VI 11lUC;;~t;..ul lJCl1d.VlUUl VI uy i.V UiGi..i,..iiii i.ii~ ~UiiH•.:., i3 iiu.Ui~ i..V \4 i.iii~ Vi i..;'~·V iiUiiU.i~UaiiU iiii..j" UViiuiG. (5) (a) Any person who at a lawful public meeting acts in a disorderlymanner for the purposeof preventingthe transactionof the busL.'1ess for which t.lJ.e meeting was called is liable to a fine of five Small Charges Chap. 10:39 11 (b) Aa.n.y c-erson \vho incites ou~ers to commitan offence under this subsection is guilty of a like offence. 20. (1) Any person keeping a disorderly house or brothel in any Disorderlyhouse. town or village, or allowing his house to be a disorderly house or to be used as a brothel, is liable to a fine of five hundred dollars. (2) Upon the complaint on oath made to any Magistrate by any two or more respectable freeholders or householders that any person in their neighbourhood keeps a disorderly house to the nuisance of those in its vicinity, the Magistrate may inquire into the case, and if the complaint is dilly proved, the offender is liable to a fine of five hundred dollars. 21. (1) Any person who rides or drives furiously in any public Drivingand place in such a manner as is calculated to endanger the life or limb of riding. persons lawfully in and upon such public place, is liable to a fine ofone hundred dollars. (2) Any person who wilfully or carelessly drives any animal, or drives any vehicle against any other person, or against any other animal or vehicle being ridden or driven respectively by any other person in any public place is liable to a fine of one hundred dollars. (3) Any driver of any vehicle who is found riding in or on the same without having and holding the reins, or who when holding the reins rides on the shaft of the vehicle, or is at such a distance from the same that he cannot have proper control over the animal or animals drawing the same, or who does not observe the customary rules of the road when meeting or passing or being passed or overtaken by any vehicle, is liable to a fine of one hundred dollars. (4) Any person in charge ofany animal or animals in any public place who is wilfully at such a distance from the animal or animals that he cannot have proper control over the animal or animals so in his charge, is liable to a fine of one hundred dollars. (5) Any person who is the owner of any cart, dray or wazzon which is in use, without having the name of the owner legibly marked r-: :--:~~--:-=- r-. ce ~~.~ ~ :~ .-:1.1 ••• 11. ~ "! ~ r hundred dollars. 22. (1) Any person found drunk in any public place or on any Drunkenness. l;rpnc;:pri nrpm;c;:pc;: ;c;: lhhlp tn ~ finp nf tUJpntv fivp rinll~N' ~nrl nn ~ ""'~"=""'-"-"-"'=......, r-"'-===~'-'~'-"", ~'-" -=-=-=....,-..=.= ......... .,. ..:.................- ;......... ~~ "'-"'''''.1 ..:...:. .. ~ ...........-..:...:..,.;...:.;,,;ji ................. '-'............ ..;~- ~- ~~;;~~ :- :-;;~:- -.& .0.... ~ ••••••• , •• .--;;. ••••••~ •• ~ ••••••••••• •• ••••••• ~ ••••• L.R.O.1I1991 12 Chap. 10:39 Small Charges Escaping from legal confine ment or custody. Family,neglect or desertion of. Fire. of fifty dollars: andon anv subsequent conviction within such period of - - twelve months, is liable to a fine of one hundred dollars. (2) Any person who in any public place is drunk when (a) in charge ofany motor car or othermotor vehicle, or any carriage, cart, cattle, horse or steam engine; or (b) in possession of any loaded firearm, is liable to a fine of one hundred dollars or to imprisonment for one month. 23. (1) Any person breaking or escaping out of any place of legal confmement before the expiration of the term for which he was convicted or ordered to be confined by virtue of this Act, shall be deemed an incorrigible rogue within the meaning of this Act, and is liable to imprisonment for six months. (2) Any person in lawful custody of any police officer or other person, who escapes or attempts to escape from such custody, is liable to imprisonment for three months; but this section shall not be held to prevent any person escaping from lawful custody from being proceeded against under any other Act: Provided that no person shall be punished twice for the same offence. 24. (1) Any person who is wholly orin part able to maintain his or her children, and if a male, his wife, by work or by other lawful means, and who wilfully refuses orneglects to do so, shall be deemed to be an idle and disorder!y person within the meaning of this Act, and is liable to imprisonment for one month. (2) Any person who deserts his wife or children is liable to imprisonment for three months. (3) Any person running away and leaving his wife or his or her child or children, shall be deemed to be a rogue and a vagabond within the meaning ofthis Act, and is liable to imprisonment for three months. 25. (1) Any person who in any place carelessly carries or uses any firo ''''' "''lhio tn. "lI f-:tno nf''tnll"\ hnnrtt'"Ort -:lnrt f,ft" rin. i ''IT'C' n:rt-r'\ ,rnnrtC'nnfYlpnt- - - . -- - - --- - - .- - - - --- --- -- - - - - - .. - ---- .. - -. - - -- . .- .- -- -- - .- for one month. (2) Any person who by the careless or improper use of fire within any city, town or village endangers any lives or property therein is liable to a ftile of three ulJ}usand dollars or to imprisonment for six Small Charges Chap. 10:39 13 ?£.. An" nPr~{'\" Hlh" Py~pnt urith thp nPT111i~~lnt1nfthp rviints;tpT- Fireworks.etc, ~~- - --.; .;:--------- .. ----';" -----~- .. --- --- ~ -------- (a) discharges any cannon, gun or other firearm; or (b) lets off, or assists in letting off, any fireworks; or (c) lights, or assists in lighting, any bonfire, in, or within one hundred yards of any city or town, is liable to a fine of two hundred and fifty dollars. 27. (l) Any person who receives any other person in any house or Gambling. place for the purpose of gaming shall be deemed to be a rogue and a [~1 ~fl~~~4 vagabond within the meaning of this Act, and is liable to imprisonment ~8 ~f 1981]. for three months. (2) Any peace officer may enter any house or place where any gaming is going on, or where any persons are assembled for the purpose of gaming, and warn all persons received therein to leave and dispose; and any person remaining in the house or place after the warning, ornot dispersing when required to do so by any peace officer, shall be deemed to be an idle and disorderly person within the meaning ofthis Act, and is liable to imprisonment for one month. (3) Any person who is concerned in (a) keeping any house or place for the purpose of gam bling; or (b) holding a lottery, is liable to a fine of three thousand dollars. (4) Any person playing or betting in any street, road, highway or any other open or public place, at or with any table or instrument of gaming at any game or pretended game of chance, shall be deemed to be a rogue and a vagabond within the meaning of this Act, and is liable to imprisonment for three months. (5) Nothing contained in this section shall apply to any lottery, sweepstake, pari mutuel, or pool betting at or in connection with any race meeting held by or under the auspices ofany turl club approved by t-hca 1\J1~n1 C'tt:'r.-. . .----- ... - .. (6) Nothing contained in this section shall apply to anv gaming or the holding of any lottery, sweepstake or the sale of any article or thing by raffle, which is conducted or organised by any person for the purpose of raising funds in aid of lliiy cause approved by the Minister .:- - ---- ---~--- -~- ---.,-;; .....: - . . ~ ..~-.. .... ~.- .~... .. ~~. ~ . ~ ... . .: : ..... - --- - -- -- -- ---- - --- -- - ------ T D 11 111001 14 Chap. 10:39 Small Charges Harbouring thieves, etc. Incorrigible rogues. Indecency. thnll~~nti tinn~~ hv thp Hln~nr;~i ~p.r~t~run,hp.~ coHroh ~~~" h'J!C'h~'" ~------ ------~ -,; --- - ---~-..".-..,....,.- ,..--..".=-=~~~ ~~ -=--=-~--=-~- '-'==-=--=- t--=-=-:..:~--=--=--=--=-=;..; -=--=--=-:..,;~ obtained a written permit from the Minister or the Financial Secretary, as the case may be, to conduct or organise the gaming, lottery, sweepstake, or sale by raffle. The Minister or the Financial Secretary where relevant, may upon the issue of such a permit attach such terms and conditions thereto as he may think fit, and he may in such permit prescribe (a) the fees to be paid into the general revenue of the State in respect of the grant of such a permit; (b) the accounts to be kept by the person to whom the permit is granted, and the manner of audit and publica tion of such accounts; and (c) the amount and manner of the security to be given for the payment of the fees above-mentioned. (7) Any person who contravenes or fails to comply with any of the terms or conditions of a permit issued to him under the provisions of subsection (6) is liable on summary conviction to a fine of four thousand dollars or to imprisonment for three months. 28. Any person who knowingly (a) lodges or harbours thieves or reputed thieves; or (b) suffers thieves or reputed thieves to meet or assemble in any premises under his control; or (c) allows the deposit of goods in any premises under his control, having reasonable cause for believing them to be stolen, is liable to a fine of five hundred dollars or to imprisonment for six months. 29. Any person committing any offence against this Act, by reason ~=.1......... ...,. ...,..cb~~~..-1~~~~.:! ... t.... ..1 1 . -1 -.1 -. ,'! • ¥YU"""'V' U",." ..."''''...'''...~v L~ a IVeUI;; all'" a VaeaL&JllU w ruuu till;; llll;;<Ullllg nfth;~ Art h~,,;nO'hPr,pn ~t C'I"\TnP -fntTnP,. tit'Y\t:Il ':lA1ur1CTor11"n ho C'n "lnrl ,1111" " ................. U' ........... &&..... " .a..a.&b v .a.J.. ... U'v.............. ..LvJ..J. ...... ,.".1. " ... .1 ...... '" UU.J""'''''F,'"''U ,",v LJ"o.t ~v u..l.lU uu~-' 30. (1) Any person behaving in a public place in an indecent ni~YiinC':i ~~ 11~h~r= in inii·..r~;;':'-'iiniPnt fi-ii" .-inF 'ii'ii'ionih .- - --- - Small Charges Chap. 10:39 15 (2·) Anv person who writes or draws anv indecent word or figure or representation in any public place is liable to a fine of one hundred dollars. (3) Any person who wilfully (a) exposesin anypublicplace anyobsceneprint, picture, photographor other indecentexhibition; (b) exposes or causes to be exposedto public view in the window or other part of any shop or other building situated in a public place, any obscene print, picture, photographor other indecentexhibition; (c) exposes his person in any public place or in view thereof; (d) appearsin publicattiredin such a manneras to outrage public morality, shallbedeemeda rogueandavagabondwithinthe meaningof this Act andis liable toimprisonmentforthreemonths; andindetermining what shall be an outrage of public morality, regard shall be had to the appearance of any person in a public place attired in garments made partially or entirely of grass material, bananaleaves, pelts or skins of animals. (4) Anypersonwhois concerned in the publishingor circulat ing or who suffers to be publishedor circulatedin any newspaperor otherwise any indecent matter is liable to a fine of three thousand dollars. 31. Any person who commits, or attempts to commit, any of the Miscellaneous f 11 . f'C that i . I h h th Offences.o owmg 0 rences, at IS to say, III anyp ace w atsoever, weeron land or water, steals, embezzles, fraudulently convertsto his own use, or by any false pretence obtainsfrom any other person,with intent to cheat or defraud any person of the same, any sum of money or any personal property (including any sheep, poultry,pig, goat, ass, mule, bull, cow or other similar domestic animal) not exceeding, in the .......--..: .: C.,.'L .... 1!. K ....~ ....4.- ~4.- ...-L .... 4- .... 1 -C4- ..... 1- -1 -1 .......... ...! ~.c4- . -- -- - -- -- - - -- - - -- - .- .- - - . - -- . - - - .... -- . . - - - dollars, is liable to imprisonment for six months; but the Magistrate may in his discretion abstainfromtrying the case summarily andmay commit the offender for trial for an indictable offence; and, if the amount of the money or value of the personal property or animal ill J. R o 111991 16 Chap. 10:39 Small Charges Malicious damage. Nuisances. and the offender ohiects to be tried summarilv ~ the Mazistrate shall abstain from trying the case summarily and shall commit the offender for trial for an indictable offence. 32. Any person who unlawfully and maliciously commits any damage, injury or spoil to or upon any real or personal propeny whatsoever, the value ofwhich in the opinion ofthe Magistrate does not exceed two hundred and fifty dollars, is liable to a [me ofone thousand dollars or to imprisonment for six months; but the Magistrate may in his discretion abstain from trying the case summarily, and may commit the offender for trial for an indictable offence; and, if in the opinion of the Magistrate the amount of the damage exceeds one hundred dollars, and the offender objects to be tried summarily, the Magistrate shall abstain from trying the case summarily and shall commit the offender for trial for an indictable offence. 33. (1) Any person who in any public thoroughfare (a) causes any vehicle with or without horses to stand longer than is necessary for the purpose of loading or unloading after being warned to depart; (b) by any means whatsoever causes an obstruction; (c) flies any kite, hoists and flag, discharges any firearm or plays any game in or near to such public thoroughfare to the common danger or annoyance of passengers; (d) lays or throws down any article or thing to the inconven ience of the passengers or neighbouring residents, except building materials to be used in the immediate neighbourhood or rubbish occasioned by such building which shall be so placed as not to cause any mischief to passengers, or unless any such act as aforesaid is done in conformity with any regulation of a Town or Coun try Board or a Board of Health; (e) empties or begins to empty any privy, or removes any wilfully and carelessly spills any such offensive matter as aforesaid, or throws down any nightsoil, dirt, litter, ashes, broken glass, carrion, fish offal or other rubbish, llnlf'1111 ~nv 1111('h ~('t ~11 ~forf'l1~iri il1 rionf' in ('onfonnitv= ..."'-"- ....-"""'-' = ....:.;. ;.;==.:..:. ,.. .......-,.. ...... ...., ..... ..:. .....- ... =...,...~~ ..... ...., -<;,.; ....-==..... ~ ... =~-=== ..... ~=~~-=,.-J Small Charges Chap. 10:39 17 Board of Health; butt.his paragraph sh;111 not apply to the removal ofnightsoil from any prison, which may be removed not later than six-thirty a.m.; (f) erects or maintains any blind, awning or other projec tion unless the same is at least eight feet above the level of such thoroughfare; (g) leaves or fixes or maintains any dangerous thing in, upon or over such thoroughfare; (h) suffers to be at large any vicious or dangerous animal or sets on any dog or other animal to worry or put in fear any person or animal; (i) suffers to be at large and not under proper control any horse, mule, ass, cattle, swine or other similar animal; or suffers any such animal whether ornot under control to drag any tethering chain or rope behind it; (j) cleans, dresses, bleeds or farries any horse or other animal except in case of accident or necessity; (k) tethers any animal within such a distance as to allow the same to stray on to such public thoroughfare; (l) comes within the limits of any place where any public . work is being carried on as set out by the officer in charge of such works without the permission of such officer, is liable to a fine ofone hundred dollars or to imprisonment for fourteen days. (2) Any person who (a) discharges any filth or foul water in or bathes in or washes clothes in or otherwise defiles any public well, spring, pond, watercourse or gutter, unless any such act aforesaid is done in conformity with any regulation of a Town and Country Board or Board of Health; (b) commits a nuisance in any cane-piece within one .-. - -- --- - - -~. . -.; .. --... ---.-.-----.- - - ten feet of anypublic t.~crcughfare; (c) commits a nuisance in any place to the annoyance ofthe public, L.R.o.l/1991 18 Chap. 10:39 Small Charges Offences for which no punishment provided. [12 of 1990]. Officers neglecting their duty. Police, hin drance, assault, obstruction of, etc. Postingplacards and defacing buildings, etc. Pretending to tell rOrIlL7'}eS, eLC. [12 of 1990). (a) disobeys, or neglects or refuses to obey the provisions of any Act for the breach of which no specific punish ment is by such Act prescribed; or (b) contravenes any Regulations or Rules made by the Ministerunder any Act for the time being in force in the State for the infringement of which no specific punish ment is prescribed, is liable to a fme of two hundred and fifty dollars. 35. Any constable or other peace officer who neglects his duty in anything required of him by this Act is liable to a fine of two hundred and fifty dollars. 36. (1) Any person who disturbs or hinders any constable or peace officer in the execution of his duty under this Act, or who aids, abets or assists in such disturbance or hindrance, is liable to a fme of two hundred and fifty dollars. (2) Any person who assaults or beats or wounds or resists or wilfully obstructs any member of the police service, or any rural or special constable while in the execution ofhis duty, is liable to a fine of three thousand dollars or to imprisonment for twelve months: Provided that the Magistrate may abstain from trying the case summarily and commit the offender for trial for an indictable offence. 37. Any person who without the consent of the owner or occupier (a) posts any bill, placard or other paper against or upon; or (b) writes upon, soils, marks or defaces, any building, wall, fence, lamp-post or other object is liable to a fine of one hundred dollars. 38. Any person (a) pretending or professing to tell fortunes; or (Dj milng any suoue CraIL, means or uevtce oy PU.iiTIlsrry or ....L .: UU1~r\~:i~~, to deceive and impose on any person shall be deemed to be a rogue and :1 v:1O":1hnnn within thp mp:1nincr nf thic;: Art :1nn ic;: li:1hlp tn imnric;:nn = • ~""g.=""'-""'-'=--"-~ "..:.;=.:....:..:. ... ;..:.,,~- .:..:."'~-~ ....... "".:.E! ~..:. ~='-' "== ...~ ~':'-=-="""'-' ~ ......~..:.= :'-,,-," ..:..:. ... =-!"- ...=""'" .....-== Small Charges Chap. 10:39 19 39. (1) £A...11Y prostitute or night-\vaLl(er loitering or beiilg in any Prostitutes. public place for the purpose of prostitution or solicitation to the annoyance of the public is liable to a fine of one hundred dollars. (2) Any common prostitute wandering in the public streets or public highways or in any place of public resort and behaving in a riotous or indecent manner shall be deemed an idle and disorderly person within the meaning of this Act and is liable to imprisonment for one month. 40. Any person who in any public place refuses to assist any Re~usalt~assist be f th 1· . th fficer i . police officer.mem roe po Ice service or 0 er peace 0 cer m secunng or etc. capturing any person whom such member ofthe police service or other peace officer is endeavouring to secure or capture, when lawfully called upon to do so by such member of the police service or peace officer, is liable to a fine ofone hundred dollars or to imprisonment for fourteen days. 41. Any person who (a) refuses to give his name or address; or (b) gives a false name or address, to any justice of the peace or member of the police service when lawfully required to do so by any justice of the peace or member ofthe police service is liable to a fine of one hundred dollars. Refusing to give name,etc. 42. Any person who - Riotous conduct. (a) in any public place is guilty of any riotous behaviour; or (b) in any police station house is guilty of any violent behaviour, is liable to a fine of two hundred and fifty dollars or to imprison mont- -f'n 1""\ 0 yon"' '"......................... "'" ......... .. after having been convicted as an idle and disorderly person shall be deemed to be a rogue and a vagabond within the meaning ifthis Act and L.R.O.1I1991 20 Chap. 10:39 Small Charges Stolenprope.rty, recervmg or being in possession of. Taking horses, etc. Threats. 44~ (1) filly person \vhc receives anymoneyorproperty stolenor obtained by any false pretence with intent to cheat or defraud, knowing the same to have been stolen or obtained as aforesaid is liable to the same punishment to which the person stealing or obtaining the same by false pretence may be liable provided that the stealing or obtaining of the money or property was an offence punishable on summary convic tion; but the Magistrate may in his discretion abstain from trying the case summarily and may commit the offender for trial for an indictable offence. (2) Any person having or having had in his possession in any manner or in any place anything which may reasonably be suspected of having been stolen or unlawfully obtained, and who does not give an account satisfactory to the Magistrate as to how he came by the same, is liable to a fine of three thousand dollars or to imprisonment for twelve months; but such person shall not be liable to be convicted under this subsection if he proves that he had or has had possession of such thing for more than three months. 45. Any person who takes or drives or attempts to take or drive any horse, mule or ass from or out of any enclosure, stable, pasture or other place for the purpose of using the same without the consentofthe owner or person entrusted with the charge thereof, and without having any probable claim or pretence of title thereto, is liable to a fine of one hundred and fifty dollars, and the payment of the fine or the suffering of any imprisonment in default of the payment shall not affect the right of action of the party aggrieved. 46. Any person who threatens or intimidates (a) any other person by reason of his being a witness or likely to be a witness in any proceedings; or (b) any other person in such a manner as would justify a Magistrate on complaint made to him to bind over the first mentioned person to keep the peace, is liable to a fine of five hundred dollars or to imprisonment for three rnnnthc Ihrowing missile 47. AIIY person who, being in the vicinity ofor in any public place, in public place or unlawfully throws or discharges any missile to the damage or danger of vicinity. any person or property is liable to a fine of one thousand dollars or to Small Charges Chap. 10:39 21 48. F1l1Y person "vhv persists in corning or remalrllilg on G-lIY Trespass on land, plantation, lands or premises, after being warned not to come thereon cic. orto depart therefrom, is liable to a fine of two hundred and fifty dollars or to imprisonment of two months. 49. (1) Any person being able wholly or in part to maintain himself Vagrancy. by work or by othermeans and wilfully refusing orneglecting to do so, shall be deemed an idle and disorderly person within the meaning of this Act and is liable to imprisonment for one month. (2) Any person (a) wandering abroad and lodging in any bam or outhouse, or in any deserted or unoccupied building, or in the open air or under a tent, or in any cart or wagon, or in any vessel, boat, lighter or drogher, and not having any visible means of subsistence, and not giving a good account of himself; or (b) being found in or upon any dwelling-house, office, warehouse, coach-house, stable or outhouse, or in any enclosed yard, garden or area, or in any vessel, boat, lighter or drogher, for any unlawful purpose, shall be deemed to be a rogue and avagabond within the meaning ofthis Act, and is liable to imprisonment for three months. 50. Any person (a) having in his custody or possession any pick-lock, key, crow, jack, bit or other implement with intent feloni ously to break into any dwelling-house, office, ware house, coach-house, stable, outbuilding or other build ing; or (b) being armed with any gun, pistol, hanger, cutlass, bludgeon or other offensive weapon, or any explosive matter or thing; or (c) having upon Dim any instrument with intent to commit .. .... ...... ...... ..... snail De ueemeu to De a rogue ana a vagabond WiUl1H me meanmg or this Act, and is liable to imprisonment for three months; and every such pick-lock, key, crow, jack, bit or other implement and every such gun, T,ii:'t-'-'I.1 h>:in.,.:ai"" ..---iitl.-;".:-i:' l.,ll.,-i.-.U"-'Y-ll "-'lor"'-lI.i}-lur ,-.... iUTlro'::'~"U 'l.lI;U--:;'j--,,-,i" "1Iili-i ':-'i.-:ai"'.' -------- -------- -------- ---- ------- -- Vagrancy with burglar's tools or with arms, etc. L.R.o.l/1991 22 Chap. 10:39 Small Charges Vagrants assaulting or resisting the police. Violence. Wounding. Offences punishable on summary conviction. Ch.4:20. such instrument as aforesaid~ shall bv the conviction of the offender become forfeited to the State. 51. (1) Any person apprehended as an idle and disorderly person and violently resisting or assaulting any peace officer or constable so apprehending him, and who is subsequently convicted of the offence for which he was apprehended, shall be deemed a rogue and a vagabond within the meaning of this Act and is liable to imprisonment for three months. (2) Any person apprehended as a rogue and a vagabond and violently resisting any constable or other peace officer so apprehending him, and who is subsequently convicted ofthe offence for which he was apprehended, shall be deemed an incorrigible rogue within the mean ing of this Act and is liable to imprisonment for six months. 52. Any person who uses violence to any person or property is liable to a fine of five hundred dollars or to imprisonment for three months. 53. Any person who wounds any other person and in the opinion of the Magistrate the wounding is not of a serious nature, is liable to imprisonment for six months; but the Magistrate may in his discretion abstain from trying the case summarily and may commit the offender for trial for an indictable offence. PART IIi PROCEDURE 54. Any person accused ofhaving committed any ofthe offences in this Act may, notwithstanding any other law to the contrary, be prosecuted before a Magistrate in the manner prescribed in the Magistrate's Code ofProcedure Act, and upon conviction is liable to the punishments respectively prescribed in this Act for such offences. Form of 55. Every conviction of any offender as an idle and disorderly conviction as idle . ~ ~' .L ..L. ner"'on. or:l"':1 rOPlIp. and :I vacahond or:lf;::m ;nl'orrioihlp rOOlIP.nnnpr U"I.J.UUJ.03U.l.UIL.<.I.I].... • '-" .. - - - L;.> - - -&.;J-- - -- person, etc. C" .....1....... ..Ihl Powers of Magistrate as to property ofidle this Act, shall be in the form set out in the Schedule or as near thereto 56. (1) Every Magistrate by whom any person is adjudged to be an idle and disorderly person or a rogue and a vagabond or an incorrigible roguemay order Small Charges Chap. 10:39 23 (a) that such offender shall be searched; &TJd (b) that the trunks, boxes, bundles, parcels or packages of such offender shall be inspected in the presence of the Magistrate and of such offender; and (c) that any cart, car, caravan or vehicle which may have been found in the possession or use of such offender, shall be searched in the presence of such offender. (2) Every Magistrate by whom any person is adjudged to be an idle and disorderly person or a rogue and a vagabond or an incorrigible rogue, may order that any money found on or with such an offender shall be paid and applied for and toward the expense of apprehending, conveying to prison, and maintaining such offender during the time for which he is committed; and if upon search money sufficient for the purposes aforesaid is not found, such Magistrate may order that a part, or ifnecessary the whole of such other effects then found, shall be sold and that the produce of the sale shall be paid and applied as aforesaid; and also that the overplus of the money of effects after deducting the charges of the sale be returned to such offender. SCHEDULE FORM OF CONVICTION OF IDLE AND DISORDERLY PERSON, ETC. BEIT REMEMBERED, that on the day of in the year of Our Lord, 19 in district in the State of Dominica A. B. is convicted before me the undersigned Magistrate of being an idle and disorderly person (or a rogue and a vagabond, or an incorrigible rogue) within the intent and meaning of the Small Charges Act, that is to say, for that the said A. B. on the day of at in the said district (here state offence proved before Magistrate) and for which said offence the said A. B. is ordered to be committed to the prison at there to be kept (to hard labour) for the space of written. Magistrate. Section 55. L.R.o.l/1991