Laws are enacted with a view to preserving order and maintaining the structure of society. However, on review of some of our local legislation, one may be surprised to find several interesting, peculiar and downright hilarious offences. It would perhaps be in our best interest to familiarise ourselves with some of these less known statutes and the offences they contain, lest we unwittingly find ourselves on the wrong side of the law.

The Town and Communities Act (1843)

The Town and Communities Act ("the TC Act") is one piece of legislation which contains a number of offences of which few of us may be aware. For instance, a question I am often asked is, "Why are stores closed on Sundays?" Well, section 18 of the TC Act prohibits the offering or exposure of goods, wares or merchandise for sale on a Sunday, Good Friday and on Christmas Day and prescribes a fine of $4.00 for each offence of selling. This prohibition does not however extend to the sale on Sundays of articles in pharmacies, shops within our international airports or public markets; or the sale of drugs as defined under the Pharmacy Act, milk, bread, ice, vegetables, grass, motor fuel or oils on Sunday, Good Friday and Christmas Day.

Section 5 of the TC Act also outlines various restrictions with regard to acts being carried out in (or in the vicinity of) thoroughfares and highways. This section for example prohibits the beating of carpets, rugs or mats in thoroughfares, except doormats, which may be beaten before 8 a.m.

Under section 8 of the TC Act persons found drunk lying about the streets or other public places will be deemed to have committed an offence and will be liable to pay a fine not exceeding $4.00 or imprisonment for no more than 10 days.

The Obeah Act(1898)

On another note, few people may be aware that there is an Obeah Act and that it is actually an offence to practice obeah.
Under section 3 of the Obeah Act persons found to be practicing obeah are liable to imprisonment with or without hard labour for a period not exceeding 12 months, in addition to or instead of whipping. A person is said to be practicing Obeah where they "to effect any fraudulent or unlawful purpose, or for gain, or for the purpose of frightening any person, uses or pretends to use any occult means, or pretends to possess any supernatural power or knowledge."

The Women (Employment of) Act (1942)

Did you know that women are prohibited by law from working at nights except in certain circumstances? Under the Women (Employment of) Act, women are prohibited from working at nights except where they are completing unfinished work from that same day, preserving raw materials subject to rapid deterioration, in a responsible management position, working in connection with the transport or shipping of fresh fruit, nursing, or involved with the cinematograph, hospitality or pharmaceutical industry.

The Coinage Offences Act (1872)

People may find it hard to believe that it is actually an offence to deface coins. Under Section 17 of the Coinage Offences Act any person who defaces any current gold, silver and copper coins by stamping any words, whether or not it lightens or diminishes the colour of the coin, shall be found guilty of a misdemeanour and liable to be imprisoned for a term not exceeding one year with or without hard labour.

The Bark of Trees (Sale Prevention) Act (1929)

If you are thinking of selling the bark of a tree, you ought to know that the sale of bark is regulated by the Bark of Trees (Sale Prevention) Act. For instance, under this Act any person who sells, offers for sale, or buys, the bark of a Mahoe or Mahogany tree shall be guilty of an offence and shall be liable to a fine not exceeding twenty dollars and in default of payment, to imprisonment with hard labour for any term not exceeding three months. In this instance the bite may be worse than the bark!

These are just a few examples of some of our less known statues and offences which goes to show that taking the time to review our laws may be a more interesting exercise than one may think!

Simone Bowie is an Associate at Myers Fletcher & Gordon and is a member of the firm's Commercial Department. She may be contacted at simone.bowie@mfg.com.jm. Research assistance provided by Danielle Stiebel, 1st year faculty law student, UWI Mona.

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