Every person is liable to a fine not exceeding five pounds who—

Removing material from foreshore

Insulting behaviour in a public place.

Every person is liable to a fine not exceeding ten pounds who, in or upon any public place,—

In this section “cattle” includes any horse, mare, gelding, colt, filly, ass, mule, bull, cow, ox, heifer, steer, calf, sheep, ram, ewe, lamb, goat, and pig of any kind.

Every person is liable to a fine not exceeding twenty pounds or to imprisonment for any term not exceeding three months, or to both fine and imprisonment, in the discretion of the convicting Justice, who—

Every person is liable to a fine not exceeding ten pounds or to imprisonment for any term not exceeding three months who—

Every person is liable to a fine not exceeding twenty pounds or to imprisonment for any term not exceeding two months who—

In this and the next succeeding section “animal” includes any beast or bird of any kind or species whatever, whether of domestic or wild nature, and whether indigenous or imported into New Zealand.

If a conviction under this section take place before a Magistrate or any two or more Justices such Magistrate or Justices may, instead of inflicting a fine, forthwith sentence the offender to imprisonment for any term not exceeding six months.

Where an offence against either paragraph (a) or paragraph (b) of this section is committed any constable may, on his own view thereof or on complaint made to him by any other person who declares his name and place of abode to the said constable, take possession of any animal the subject of such offence, and convey such animal to some place of safety, and there detain the same until the information or complaint in respect of such offence has been heard and determined, or for any shorter period.

In any such case where the person charged is convicted the Magistrate or the Justice or Justices before whom the conviction takes place shall, in addition to all other powers vested in him or them by this Act, have power to order the offender to pay any reasonable sum for defraying the cost of keeping such animal while so detained as aforesaid or otherwise incurred by the constable in connection with such detention.

Every person who does or omits to do, or causes or procures to be done or omitted to be done, any act the commission or omission of which is constituted an offence under the last preceding section, and thereby does any damage or injury to any such animal, or thereby causes any damage or injury to be done to any person or to any property, shall pay to the owner of the animal or property (if the offender is not the owner thereof), or to the person who sustains damage or injury as aforesaid, such sum of money by way of compensation, not exceeding the sum of twenty pounds, as is ascertained and determined by the convicting Justice.

The payment of such compensation, or any imprisonment for the non-payment thereof, shall not prevent or in any manner affect any penalty or punishment to which any person is liable for or in respect of any offence committed by him under the last preceding section.

Nothing herein shall prevent any proceeding by action against any offender or the employer of such offender where the amount of damage or injury is not sought to be recovered under this Act.

Every information or complaint in respect of an offence under section seven or section eight hereof shall be laid or made within three months after the cause of offence or complaint arose.

Where an offence against section seven hereof is committed,—

Where any person having charge of any vehicle or animal is taken into custody by any constable for any offence against section seven or section eight hereof, such constable may take charge of such vehicle or animal and deposit the same in some place of safe custody as security for payment of any fine to which the person having had charge thereof, or the owner thereof, may become liable, and for payment of any expenses necessarily incurred for taking charge of and keeping the same; and any Justice before whom the case is heard may order such vehicle or such animal to be sold for the purpose of satisfying such fine and reasonable expenses, in default of payment thereof, in like manner as if the same had been subject to be and had been distrained for the payment of such fine and expenses.

Any constable may enter at any time into any saleyard or place where animals are usually sold or kept for the purposes of sale, and may inspect the condition of such yard or place and of any animal found therein, and of the appliances for the comfort, food, or shelter for such animals.

Every person who hinders such constable from so entering and inspecting is liable to a fine not exceeding ten pounds.

If it appears to any Magistrate or Justice by personal inspection or by the testimony of a competent witness that any animal impounded in any pound, or found elsewhere, is in such a weak, disabled, or diseased state that it ought to be killed, he may, by writing under his hand, order that the said animal shall be forthwith killed; and such order shall be sufficient authority to the poundkeeper or owner of the animal, or any other person authorized by the said Magistrate or Justice, to kill the same.

Any Magistrate or any two or more Justices may appoint, in writing under his or their hands, any officer, agent, or servant of any society for the prevention of cruelty to animals to be a special constable, to act for such time and within such limits as may be appointed.

Such special constable shall, during such time and within such limits as his appointment extends, have, exercise, and enjoy all such powers, authorities, advantages, and immunities, and be liable to all such duties and responsibilities, as any constable duly appointed now has by the common law of England or under any Act in force in New Zealand, and shall be deemed to be a constable within the meaning of sections ten and twelve hereof.

Where proceedings for an offence against section seven hereof are instituted by any person acting on behalf of a society established for the prevention of cruelty to animals, the amount of the fine (if any) recovered in respect of that offence shall be paid to that society without further appropriation than this section.

Every person is liable to a fine not exceeding ten pounds who—

Nothing in the last preceding section shall affect or control any of the provisions of the Rabbit Nuisance Act, 1908, or make it illegal to spray with arsenic or other poisonous liquid any noxious weeds at any time between the thirtieth day of April and the thirty-first day of December in any year if immediately such poisonous liquid is used and for thirty days thereafter the word “Poison,” painted in white-lead paint in letters not less than four inches in length on a black board, is fixed on a pole not less than eight feet above the ground in some conspicuous position near to the place where the poisonous liquid is used.

Every person is liable to a fine of five pounds who on Sunday, in or in view of any public place, trades, works at his trade or calling, deals, transacts business, sells goods, or exposes goods for sale.

Every person is liable to a fine of five pounds who on Sunday keeps open any house, store, shop, bar, or other place for the purpose of trading, dealing, transacting business, selling goods, or exposing goods for sale.

Nothing in the foregoing provisions of this section shall apply to works of necessity or charity, or the driving of live-stock, or the sale of refreshments for consumption on the premises, or the sale of medicine or of surgical or medical appliances, or of anything required in connection with sickness or accident, or the sale or delivery of milk, or to hairdressers or barbers before nine o’clock in the forenoon, or to persons driving any public or private motor-car, carriage, or cab, or to persons employed in the working of railway-trains or tram-cars or cable-lines, or on steamers, vessels, or boats, or in a motor-garage, or to any livery-stable keeper, or to any person letting boats for hire, or to any person employed in or in connection with any telegraph-office or post-office, or to any person employed in preparing, printing, and publishing a daily newspaper.

The Minister of Railways may, by warrant under his hand addressed to any person, authorize such person, either by himself or by his employee or employees, to open for business any railway bookstall at any station where Sunday trains are running, and carry on the ordinary business thereof on any Sunday or Sundays during such time as may be specified in such warrant. The said Minister may in like manner modify or cancel any such warrant.

Any person acting under and in accordance with the authority contained in any such warrant shall not be liable under the provisions of subsections one and two of this section.

Every person is liable to a fine not exceeding thirty pounds or, in the discretion of the convicting Justices, to imprisonment for any term not exceeding one month who—

Publishing false notice.

Every printer or publisher of a newspaper is liable to a fine not exceeding twenty pounds who, on application in writing made to him by a person interested within fourteen days from the publication of the notice of a birth, a marriage, or a death in such newspaper, refuses to furnish the person so applying with the name of the person who sent or delivered such notice for publication.

In this section “newspaper” has the meaning assigned to it by the Printers and Newspapers Registration Act, 1908.

All proceedings under this section shall be taken, heard, and prosecuted in a summary manner, before two or more Justices, under the Justices of the Peace Act, 1927.

Every person commits an offence and is liable to a fine not exceeding ten pounds who sends, posts, or delivers to any other person any document which is intended or likely, by reason of its wording or appearance or in any other manner, to cause any person ignorant of the law to believe, contrary to the fact, that such document has been issued by or by the authority of a Court, Judge, Magistrate, or Justice, or by an officer of a Court, or that the issue or delivery of such document has any legal effect or operation as a step or process in or preliminary to any legal proceedings, whether civil or criminal, before any Court, Judge, Magistrate, or Justice.

Every person commits an offence and is liable to a fine not exceeding twenty pounds who prints or sells or offers for sale any printed form of document intended to be filled up and used as a document the delivery of which to any person would be an offence against this section.

It shall not be a defence in any prosecution for an offence against this section that the person receiving any such document was not actually deceived thereby, or that such document does not profess to be and does not resemble any summons, notice, or other document which any actual Court, Judge, Magistrate, Justice, or officer has authority to issue, or the issue of which has any such legal effect or operation as is hereinbefore in this section mentioned.

In any information for an offence against this section it shall be sufficient to allege that the defendant sent, posted, delivered, printed, sold, or offered for sale, as the case may be, a document in imitation of judicial process.

Every person commits an offence and is liable to a fine not exceeding twenty pounds who issues, distributes, or publicly exhibits any document which is intended or likely, by reason of its wording or appearance or in any other manner, to cause any person or the public to believe, contrary to the fact, that such document is an official document, or that it is or contains a copy of or an extract from an official document, or that it sets forth the substance of an official document.

In this section “official document” means a document issued by or with the authority of His Majesty, or of the Governor-General, or of the Executive Council, or of any Minister or officer in the service of the Crown in his capacity as such, or of any local or public authority, or of any member or officer of any such authority in his capacity as such.

Every person commits an offence and is liable to a fine not exceeding twenty pounds who publicly uses in connection with his business, trade, calling, or profession any written words, initials, or abbreviation of words intended or likely to cause any person to believe, contrary to the fact, that he holds a degree, diploma, or certificate granted or issued by any University or other institution, society, or association, whether in New Zealand or elsewhere, or that he is a member, associate, or fellow of any such institution, society, or association.

In every prosecution for an offence against this section the burden of proving that the defendant holds such degree, diploma, or certificate, or is a member, associate, or fellow of any such institution, society, or association, shall be on the defendant.

It shall be no defence in any prosecution under this section that the words, initials, or abbreviation so used by the defendant do not refer or profess to refer, or were not understood by any person to refer, to any particular or actual University, institution, society, or association.

In any prosecution for an offence against this or any other Act the use of the word “doctor” by a registered medical practitioner shall not in itself be deemed to indicate or to be likely to cause other persons to believe that such medical practitioner holds the degree of doctor in any University.

No prosecution shall take place under this section without the previous consent of the Attorney-General.

Every person carrying on any trade, business, calling, or profession who, without a written authority or appointment signed by or on behalf of the Governor-General, or after any such authority or appointment has been revoked, publicly uses, exhibits, or makes in connection with such trade, business, calling, or profession any sign, device, trade-name, trade-mark, or written statement indicating or calculated to lead other persons to believe that he is or was carrying on such trade, business, calling, or profession under the authority, sanction, approval, appointment, or patronage of the Governor-General or of any member of the Governor-General’s family commits an offence, and is liable to a fine not exceeding fifty pounds.

In every prosecution for an offence against this section the burden of proving that the defendant so acted with the written authority or appointment of the Governor General shall be on the defendant.

In this section all references to the Governor-General shall be read as being also references to his predecessors in office.

In any prosecution for an offence against this section the term “Governor-General” as used in any sign, device, trade-name, trademark, advertisement, or written statement shall be deemed and taken to mean the Governor-General in office at the time of the offence committed, unless it is otherwise expressly indicated in such sign, device, trade-name, trade-mark, advertisement, or statement.

In any information for an offence against this section it shall be sufficient to allege that the defendant did without lawful authority profess to carry on business under the patronage of the Governor-General or of a member of the Governor-General’s family, as the case may be.

Every person is liable to a fine not exceeding twenty pounds who, without the authority of the Minister of Internal Affairs (the proof whereof shall rest on the person claiming to act under the authority),—

Every person who, without the special permission first had and obtained of the Commissioner of Crown Lands, of the local authority, or of the controlling authority of any educational or other public reserve, as the case may require (the proof of which permission shall rest on the person claiming to act thereunder),—

is liable to a fine not exceeding twenty pounds, and may in addition thereto be adjudged to pay to the Crown or to the local or controlling authority such sum as the Court deems sufficient to defray the cost of obliterating or removing such letters, words, figures, or device, which sum shall be recoverable in like manner as a fine.

No person employed by a local authority, or by any company or contractor upon which or upon whom there is imposed by statute the duty or which or who have otherwise assumed the duty of supplying any city, borough, town, or place, or any part thereof, with gas, electric light, or water, shall combine or agree with any other person or persons to leave, without due notice, the employ of such local authority, company, or contractor, if the effect of such combination or agreement may reasonably be expected to be that the inhabitants of such city borough, town, or place, or part thereof respectively, will be for any time deprived wholly or to a great extent of their supply of gas, electric light, or water.

Every person who combines or agrees in a manner forbidden by this section is liable to a fine not exceeding ten pounds or to imprisonment for a term not exceeding one month.

Every person is liable to a fine not exceeding ten pounds who sells, gives, or supplies any cigarette, cigar, or tobacco in any form to any youth under the age of fifteen years.

Every youth under the age of fifteen years who in a public place smokes a cigarette, cigar, or any part thereof, or tobacco in any form, is liable for the first offence to have a conviction recorded against him, and for the second and any subsequent offence to a fine not exceeding five shillings.

No youth shall be convicted under this section for using or smoking tobacco, cigars, or cigarettes if he produces a certificate of a legally qualified medical practitioner to the effect that the using or smoking of tobacco, cigars, or cigarettes is beneficial to the health of such youth; and no person shall be liable to conviction for supplying tobacco, cigars, or cigarettes to any youth to whom such medical practitioner has given a certificate as aforesaid.

No youth shall be liable to imprisonment in respect of any fine imposed under subsection two hereof.

It shall not be lawful to sell or supply firearms or any kind of ammunition for a firearm to any person under the age of sixteen years.

It shall not be lawful for any person under the age of sixteen years to use or carry or have in his possession any firearm or any kind of ammunition for a firearm.

Every person who commits a breach of this section is liable to a fine not exceeding ten pounds.

Where any person under the age of sixteen years is convicted of a breach of subsection two hereof the firearm so used or carried by him or had in his possession shall be forfeited to the Crown, and may be dealt with as the Minister of Internal Affairs directs.

Where on the hearing of any proceedings the age of the person charged is not proved, the Magistrate or Justices may decide on his or their own view and judgment whether such person has attained the age of sixteen years.

All fines imposed by this section shall be recoverable in a summary way before any Magistrate or two Justices.

No person under the age of sixteen years shall be liable to imprisoment in respect of any fine imposed for a breach of subsection two hereof.

Nothing in this section shall apply to any person under the age of sixteen years practising under proper supervision with a Morris tube or miniature rifle on a properly constructed miniature rifle range.

For the purposes of this section—

It shall not be lawful for any person without the exequatur or other authorization of the Crown to act as or to purport or profess to be a diplomatic, consular, commercial, or other representative, agent, or officer of any foreign State or political community, whether recognized by His Majesty or not.

Every person who commits an offence against this section shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds.

In every prosecution for an offence against this section proof that the accused person acted or purported to act as or professed to be a diplomatic, consular, commercial, or other representative, agent, or officer of any foreign State or political community shall be prima facie evidence that the accused has committed an offence against this section. The onus of proof that the person so accused had the exequatur or other authority of the Crown for so acting or for so purporting or professing shall be upon the person accused.

The Governor-General may from time to time, by notice in the Gazette, prohibit the use in connection with any trade or business of any word having reference in any way to the Great War, on the ground that the use of the said word for any such purpose may be offensive to public sentiment.

The prohibition of the use of any word under this section shall be deemed to include the prohibition of the use of any abbreviation or variation of such word, and also the use of any other word that may incorporate such word, variation, or abbreviation.

Every person who acts in contravention of a notice under this section shall be liable on summary conviction to a fine not exceeding ten pounds.

Nothing in this section shall affect the right of the proprietor of any trade-mark registered before the publication of a notice under this section and containing any word the use of which for the purposes of any trade or business is prohibited or deemed to be prohibited by such notice to continue to use such trade-mark for a period not exceeding three months after the issue of that notice.

While any notice under this section remains in force the Registrar of Patents, Designs, and Trade-marks shall refuse to accept any application for the registration of a trade-mark including any word prohibited or deemed to be prohibited by such notice; and on the expiration of three months after the issue of any such notice the Registrar shall, if such notice remains in force, cancel the registration of any trade-mark that includes any such word, or may modify any such trade-mark by the exclusion of any such word.

Proceedings under this section shall not be instituted except with the previous consent of the Attorney-General.

If any unauthorized person uses or wears any military decoration, or any medal, clasp, badge, ribbon, stripe, emblem, or decoration whatsoever so nearly resembling a military decoration as to be calculated to deceive; or if any person falsely represents himself to be a person who was or has been entitled to use or wear any military decoration; or if any person without lawful authority or excuse supplies or offers to supply any military decoration, or any medal, clasp, badge, ribbon, stripe, emblem, or decoration whatsoever so nearly resembling a military decoration as to be calculated to deceive, to any person not authorized to use or wear that military decoration, the person so acting in any such case shall be liable on summary conviction to a fine not exceeding twenty pounds or to imprisoment for a term not exceeding three months.

In any prosecution for an offence against this section the burden of proving that any person was authorized to wear or use any military decoration shall lie upon the accused.

In this section the term “military decoration” means any medal, clasp, badge, ribbon, stripe, emblem, or decoration whatsoever issued, supplied, or authorized, or purporting or reputed to be issued, supplied, or authorized, by a military or naval authority, whether in New Zealand or elsewhere within His Majesty’s Dominions, but does not include an ordinary regimental badge or any brooch or ornament representing such a badge.

Every person commits an offence, and is liable on summary conviction to a fine of twenty pounds or to imprisonment for three months, who unlawfully and without colour of right, but not so as to be guilty of theft thereof within the meaning of the Crimes Act, 1908, takes or converts to his use or to the use of any other person any horse, or any motor-car or other vehicle or carriage of any description, or any launch, yacht, boat, or other vessel.

In addition to any penalty under the last preceding subsection, the Magistrate or Justices by whom any person is convicted of an offence under this section may order the person so convicted to pay to the owner a sum not exceeding twenty pounds by way of compensation for any damage to or in respect of the thing so taken or converted arising out of the unlawful taking or conversion thereof, and all moneys so ordered to be paid shall be recoverable in the same manner as fines are recoverable.

The making or enforcement of an order under the past preceding subsection shall not affect the right of the owner or of any other person to recover by civil action any damages in excess of the amount specified in that order.

Any constable may arrest without warrant any person whom he has good cause to suspect of having committed or of being about to commit any offence to which this section relates.

Every person who, with a view to compel any other person to abstain from doing or to do any act which such other person has a legal right to do or abstain from doing, wrongfully and without legal authority—

is liable on summary conviction to a fine not exceeding twenty pounds or to three months’ imprisonment.

Every person commits an offence, and is liable on summary conviction before a Magistrate to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds, who incites, encourages, or procures disorder, violence, or lawlessness.

Every person is liable on summary conviction to four months’ imprisonment or to a fine of twenty pounds who in incurring any debt or liability obtains credit by means of any fraud to an amount not exceeding fifty pounds.

Every person commits an offence, and is liable to a fine of ten pounds, who—

Any constable may remove any such person from any such place, and may demand his name and address, and if he has reasonable ground to suppose that the name or address given is false may require evidence of the correctness thereof.

If such person fails on such demand to give his name and address or such evidence the constable may arrest him without warrant.

Every person is liable to a fine of five pounds who when required by a constable under this section to give his name and address fails so to do, or gives a false name or address, or gives false evidence with respect to such name or address.

Every person commits an offence, and is liable to a fine of twenty pounds or to imprisonment for one month, who prints, publishes, sells, or circulates any document purporting to be a programme of football or cricket matches or horse-racing or trotting events without express license in that behalf from the person or association of persons having the management and control thereof.

Any person who incites any other person to commit any offence punishable by imprisonment, whether on summary conviction or on indictment, shall be guilty of an offence punishable on summary conviction by a fine not exceeding twenty pounds or by imprisonment for a term not exceeding three months, nor exceeding the maximum term of imprisonment to which a person who commits the first-mentioned offence is liable.

In any case where in proceedings for an offence against this Part of this Act it appears to the Court before which the complaint or information is heard that the person committing the offence has acted only under the orders or by the sanction of his master or employer, and that such master or employer is in fact the offending party either solely or as well as the person so rendered liable, the Court may summon and proceed against such master or employer as if the information or complaint had originally been laid or made against such master or employer, and may either discharge the person so first informed or complained against, or may otherwise proceed against both, as the Court sees fit.

In this Part of this Act, if not inconsistent with the context, “public place” shall, in addition to the meaning assigned thereto in section two hereof, be deemed to include—

Every person found drunk in any public place is liable—

Where any person subject to the Naval Discipline Acts is apprehended pursuant to the last preceding section on the ground only that he has been found drunk in a public place, it shall be lawful for any officer in charge of a police-station to which such person may have been taken pending his being taken and conveyed before a Justice, as required by this Act, to deliver him up to any officer of the ship to which he belongs, or other authorized person, for conveyance to the ship, there to be dealt with in accordance with any Act or regulations relating to naval discipline.

The officer in charge of a police-station may, in his discretion, refuse to deliver up any such person as aforesaid unless he has first received an acknowledgment in writing that the person so to be delivered up was found drunk in a public place.

In this section the term “Naval Discipline Acts” includes the Imperial Acts respectively cited as the Naval Discipline Act, 1866, and the Naval Discipline (Dominion Naval Forces) Act, 1911.

Every person who is drunk while in charge in any public place of any carriage, horse, cattle, or steam-engine, or while in possession of any firearms and ammunition, or who while drunk is guilty of riotous or disorderly behaviour in any public place, is liable to a fine not exceeding ten pounds, or, in the discretion of the convicting Court, to imprisonment for any term not exceeding three months.

Where any person is arrested in a state of helpless drunkenness it shall be the duty of the constable for the time being in charge of such person, until such person is 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 be used in order that such person shall not perish from cold or exhaustion, and if the senior constable present thinks it necessary medical assistance shall be procured without delay for such person.

The Justice before whom any such person as aforesaid is brought may, if he thinks fit, remand such person for not more than seven days, and thereafter for such further time as he thinks proper, to some hospital, infirmary, or other fitting place for curative treatment and care.

Where any person is so remanded he shall be deemed to be in the custody of the Gaoler, and he may be brought from the place to which he has been sent and be taken before any Justice to be proceeded against for the offence in respect of which he 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 he is 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 be imprisoned for any term not exceeding three months.

Every person is liable to a fine not exceeding ten pounds 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.

Any common prostitute—

Every person is liable to imprisonment with hard labour for any term not exceeding one year who wilfully and obscenely exposes his person in any public place or within the view thereof, or wilfully does any grossly indecent act in any such place or within the view thereof, whether alone or with any other person, or does any indecent act in any place intending thereby to insult or offend any person.

Every male person accused of or charged with an offence against this section shall be brought before a Magistrate or two or more Justices.

If such Magistrate or Justices, after hearing the evidence, are of opinion that such person cannot be sufficiently punished in a summary way, but that the offence is one which if proved would be deserving of additional punishment, then the person so charged may be committed for trial as for an indictable offence in the ordinary way to the next sittings of the nearest Court of competent jurisdiction; and on conviction before the said Court such person may, in addition to the whole or any part of the punishment hereinbefore provided, be ordered to be once or twice privately whipped in manner prescribed by the Crimes Act, 1908:

Provided that no such whipping shall form part of his sentence unless it has been recommended by the jury.

Every person who uses any profane, indecent, or obscene language in any public place or within the hearing of any person in such public place is liable to imprisonment with hard labour for any term not exceeding one year or to a fine not exceeding twenty pounds.

Every person shall be deemed an idle and disorderly person within the meaning of this Act, and be liable to imprisonment for any term not exceeding three months,—

Where any constable has reasonable cause to believe that any person has no lawful means of support or has insufficient lawful means of support he may arrest such person, either with or without warrant, and bring him before any Justice.

If such person fails to prove to the satisfaction of the Justice that he has sufficient lawful means of support or that such means of support as he has are lawful, he shall be deemed to be an idle and disorderly person within the meaning of this Act, and shall be liable to imprisonment for a term of three months.

The fact that any person charged under this section can produce or prove that he possesses money or property shall not be taken into account in deciding such charge unless he shows by his own or other evidence that he honestly obtained such money or property.

This section shall be deemed to form part of the last preceding section.

Every person shall be deemed an idle and disorderly person within the meaning of this Act, and be liable to imprisonment for any term not exceeding six months,—

Every such gun, pistol, sword, bludgeon, or other offensive weapon or instrument, and every such deleterious drug and article of disguise as aforesaid shall, by the conviction of the offender, become forfeited to His Majesty.

Every person shall be deemed a rogue and vagabond within the meaning of this Act, and be liable to imprisonment with hard labour for any term not exceeding one year,—

Every such picklock-key, crow, jack, bit, or other implement, and every such gun, pistol, sword, bludgeon, or other offensive weapon or instrument as aforesaid shall, by the conviction of the offender, become forfeited to His Majesty.

For the purposes of the two last preceding sections the expression “night” means the time commencing on the expiration of the first hour after sunset and concluding at the beginning of the last hour before sunrise.

Every person commits an offence, and is liable on summary conviction to a fine of ten pounds or to imprisonment for three months, who without lawful excuse (the proof of which excuse shall be on him), but in circumstances that do not disclose the commission of or an intention to commit any other offence, is found at any time in or on any building, or in any enclosed yard, garden, or area, or in or on board any ship, launch, dredge, yacht, boat, or other vessel.

Every person shall be deemed an incorrigible rogue, and be liable to imprisonment with hard labour for any term not exceeding two years,—

In lieu of sentencing any such offender the Justice before whom he is charged may, at his discretion, order that such offender be committed to the nearest prison, there to remain until the next sittings of the Supreme Court in the district wherein or nearest to which the said offence was committed; and every offender so committed as aforesaid shall be there kept to hard labour during the period of his imprisonment.

Where an incorrigible rogue is committed to prison there to remain until the next sitting of the Supreme Court such Court may examine into the circumstances of the case in a summary way, and on conviction may order that such offender be further imprisoned and be kept to hard labour for any term not exceeding three years from the time of making such order.

On information on oath that any person hereinbefore described to be an idle and disorderly person, or a rogue and vagabond, or an incorrigible rogue is or is suspected to be in any house, tent, or place kept or purporting to be kept for the reception, lodging, or entertainment of travellers or others, any Justice may enter the same at any time by day or night, or may issue his warrant authorizing any constable or other person in like manner to enter the same and to apprehend and bring before him or any other Justice every such idle and disorderly person, rogue and vagabond, or incorrigible rogue as is found therein, to be dealt with in the manner herein directed.

Any constable or other person apprehending any person charged with being an idle and disorderly person, or a rogue and vagabond, or an incorrigible rogue may seize any horse or other cattle or any vehicle or goods in the possession or use of such person, and may take and convey the same, as well as such person, before a Justice.

Any Justice by whom any person is adjudged to be an idle and disorderly person, or a rogue and vagabond, or an incorrigible rogue may order that such offender shall be searched, and that his trunks, boxes, bundles, parcels, or packages and any cart or other vehicle found in his possession or use shall be inspected and searched in the presence of the said Justice.

The said Justice may order that any money then found with or upon such offender be paid and applied for and towards the expense of apprehending and conveying to prison and maintaining such offender during the time for which he is committed, and towards the expense of any horse or other cattle so seized during the time such horse or cattle are detained.

If on such search money sufficient for the purposes aforesaid is not found, any Justice may order that such horse, cattle, and so much as is necessary of such other effects then found he sold, and that the produce of such sale be paid and applied as aforesaid; and also that the overplus of such money or effects, after deducting the charges for such sale, be returned to the said offender.

Any person whosoever, with or without warrant, may apprehend any person found offending against the provisions of this Part of this Act comprised under the headings “Drunkenness and Riot,” “Obscenity,” “Idle and Disorderly Persons,” “Rogues and Vagabonds,” and “Incorrigible Rogues,” and forthwith take and convey him before some Justice to be dealt with as directed in this Part of this Act, or may deliver him to any constable to be so taken and conveyed and dealt with.

Every public billiard-room shall be closed from eleven o’clock at night until eight o’clock on the following morning, except on Saturdays, when it shall be closed from eleven o’clock at night until eight o’clock on the following Monday morning.

No game of billiards or any other game shall be played in any public billiard-room during the hours the billiard-room is required to be closed.

Every person is liable to a fine not exceeding ten pounds who, being the proprietor or manager of a public billiard-room, fails to close the billiard-room as aforesaid, or permits any game to be played therein during the hours the billiard-room is required to be closed.

For the purposes of this and the two next succeeding sections “public billiard-room” means a billiard-room where billiards or any similar games are played for payment, but does not include a billiard-room in premises licensed under the Licensing Act, 1908, or in a club.

For the purpose of enforcing the last preceding section any constable may, with or without warrant, at any time of the day or night enter any public billiard-room, and if he finds any person there in breach of this Act may demand his name and address, and if he has reasonable ground to suppose that the name or address given is false may require evidence of the correctness thereof.

If such person fails on such demand to give his name or address or such evidence the constable may without warrant arrest him, and take him as soon as practicable before a Justice; and in case the person gives his name and address the said Justice may order the release of the said person on bail.

Every person is liable to a fine not exceeding five pounds who when required by a constable under this section to give his name and address fails so to do, or gives a false name, or gives false evidence with respect to such name and address.

Every person found in any such public billiard-room during the hours the billiard-room is required to be closed is liable, unless he satisfies the Court that he was lawfully there, to a fine not exceeding two pounds.

Where under any by-law made under any other Act any public billiard-room is required to be closed from an earlier hour than eleven o’clock at night, the provisions of sections sixty-one and sixty-two hereof shall extend and apply to such earlier hour and not to eleven o’clock at night.

In this Act “boxing contest” means any boxing match, boxing competition, or boxing exhibition for admission to which a charge is made, or at which a collection is taken up, or at which those present are invited or permitted to throw money into the ring or otherwise deposit it in the building or elsewhere, or on the result of which any stake, bet, payment, or prize depends.

No boxing contest shall be held except in pursuance of a permit granted by the Inspector of Police of the district in which it is held.

Such a permit shall be granted only on the application of some club or association approved for that purpose by the Governor-General in Council.

Before the Governor-General in Council approves of any club or association as aforesaid two copies of the rules of the club or association, together with two copies of the rules under which it is proposed that boxing contests shall be held, shall be deposited by the club or association with the Minister of Internal Affairs.

The approval of the Governor-General in Council granted as aforesaid may at any time be withdrawn.

Every boxing contest shall be conducted in accordance with the rules deposited as aforesaid by the club or association on whose application the permit for the contest was granted, and also in accordance with any regulations which are made under section seventy-one hereof.

A copy of every permit granted for a boxing contest by the Inspector of Police shall be posted up in a conspicuous position at the main entrance of the building or other place in which the contest is held.

Every person who promotes, holds, or is engaged in, and every person other than a constable who is present at, any boxing contest in respect of which any of the provisions of this Act are not complied with is liable to a fine not exceeding twenty pounds, to be recovered summarily before a Magistrate or two Justices of the Peace in the manner provided by the Justices of the Peace Act, 1927.

Any constable may at any time of the day or night enter any premises in which he has reason to believe that a boxing contest is being held, and may if necessary make such entry by force.

Where a constable finds that a boxing contest is being held in breach of this Act he may arrest without warrant every person found present thereat whose name or address is unknown to him and who refuses to give, when requested, his true name and address.

The Governor-General may from time to time by Order in Council make such regulations as he thinks necessary for any of the following purposes:—

For the purposes of this section the term “wrestling contest” means any wrestling match, wrestling competition, or wrestling exhibition for admission to which a charge is made or at which a collection is taken up, or at which those present are invited or permitted to contribute money or to deposit it in the building or elsewhere, or on the result of which any stake, payment, or prize depends.

No wrestling contest shall be held except in pursuance of a permit granted by the Inspector of Police of the district in which it is held, and every such contest shall be conducted in accordance with any regulations which may be made under this section.

Every person who promotes, holds, or is engaged in any wrestling contest in respect of which any of the provisions of this section or of regulations thereunder are not complied with is liable to a fine of twenty pounds.

Any constable may at any time of the day or night enter any premises in which he has reason to believe that a wrestling contest is being held, and may if necessary make such entry by force.

The Governor-General may from time to time by Order in Council make such regulations as he thinks necessary for any of the following purposes:—

Any constable, and all persons whom he calls to his assistance, may take into custody without a warrant—

Any constable may take into custody without a warrant any person charged by any other person with committing any aggravated assault in every case in which such constable has good reason to believe that such assault has been committed, although not within view of such constable, and that by reason of the recent commission of the offence a warrant could not have been obtained for the apprehension of the offender.

Any constable who has reasonable ground for believing that any property which has been stolen or unlawfully obtained is in the possession of any person, or is in any conveyance, package, or receptacle of any description found on or about any wharf, quay, dock, or public place adjacent to any port, harbour, river, canal, navigable stream, inland water, or dock, or is on any ship, launch, dredge, yacht, boat, or other vessel in any port, harbour, river, canal, navigable stream, inland water, or dock, may search and detain for the purpose of search such person, conveyance, package, receptacle, or vessel, and may take possession of any such property found thereon or therein.

Every person who disturbs or hinders any constable or other person in the execution of this Act is liable for every such offence to a fine not exceeding twenty pounds, and in default of payment forthwith to imprisonment for any term not exceeding three months or until such fine is paid.

If any person resists or assaults or wilfully obstructs, or incites or encourages any person to resist, assault, or obstruct, any constable in the execution of his duty, or any person acting in aid of such constable, such person may be taken into custody without warrant by any constable, and on conviction shall be liable to a fine not exceeding twenty pounds or to imprisonment for any term not exceeding three months.

Any constable who refuses or wilfully neglects to take such offender into custody or to take and convey him before some Justice, or who does not use his best endeavours to apprehend and convey before some Justice any person that he finds offending against this Act, is guilty of a neglect of duty, and on conviction, if such person has been found offending against Part I or Part III of this Act, shall for every such offence be liable to a fine not exceeding five pounds; and, if such person has been found offending against Part II of this Act, to a fine not exceeding twenty pounds; and in default of payment of such last-mentioned sum forthwith may be imprisoned for any term not exceeding three months or until such fine is paid.

All offences and all fines under this Act, when not otherwise provided for, may be heard and determined and recovered in a summary way before one Justice, either on the view of such or any other Justice, or the confession of the offender, or the oath of any credible witness:

Provided that any person charged with any offence whatever under Part II of this Act shall be entitled to have his case heard by a Magistrate or two Justices, if he declares to any Justice before whom he is taken that he desires to have the case so heard, and he shall be taken with the least possible delay before a Magistrate or two Justices accordingly.

In every complaint or information, and in every conviction or warrant of commitment, it shall be sufficient to set forth the offence or cause of complaint, as the case may be, in the words of this Act.

In proceedings under this Act, in proving a criminal intent it shall not be necessary to show that the person suspected was guilty of any particular act or acts tending to show his purpose or intent, and he may be convicted if, from the circumstances of the case and from his known character as proved to the Justices or Court before whom or which he is brought, it appears to such Justices or Court that his intent was to commit a crime.

If any Justice before whom any information or complaint is brought under this Act is of opinion that the offence so charged does not properly come within the meaning and intention of this Act, but that an indictable offence has been committed, he shall refuse to entertain the information or complaint as under this Act, and shall deal with the same as if such indictable offence had been directly charged in any such information or complaint, whether the person charged has pleaded or not to such information or complaint.

No proceeding under this Act, and no information, complaint, conviction, warrant, order, or other proceeding, shall be removed into the Supreme Court by certiorari or otherwise.

Nothing in this Act shall be construed to prevent any person from being indicted for any indictable offence, or to prevent any person from being liable under any law in force to any penalty other than that provided for such offence by this Act, so nevertheless that no person be punished twice for the same offence.

Any constable in any district, although not the informant or complainant, may appear and act in Court on behalf of the prosecution in all proceedings under this Act.

Nothing in this Act shall be deemed to repeal or affect any by-laws made by any local authority and now in force not in conflict with the provisions of this Act, or to take from, lessen, or alter any power to make or adopt by-laws not in conflict with the provisions of this Act, or to grant licenses or any other powers or privileges now possessed by any local authority or other authority or body, but the same may be exercised and enjoyed to the same extent as if this Act had not been passed.

This enactment shall be read subject to the provisions of section eighty-four hereof.

The enactments mentioned in the Schedule hereto are hereby repealed, and with respect to those enactments the following provisions shall apply:—

Savings. Ibid., s. 1(2)