Page images
PDF
EPUB

Municipalities.

TENTH SCHEDULE-continued.

and fall as shall have been respectively appointed by some regulation in that behalf; and the surface of such crossing, so far as the footway extends, shall be so made good by paving, macadamizing, gravelling, or otherwise, that the necessary traffic by animals or vehicles over the same shall not cause any damage thereto, but that such crossing shall be as sound and commodious for the passage of persons using the footway as the other portions of such footway adjoining such crossing.

18. Departures from notice, etc., not punishable in certain cases. No person making any crossing shall be deemed guilty of an offence by reason only of some departure in making such crossing from the notice or specification relating thereto, unless the officer of the Council appointed, as hereinbefore provided to inspect the making of the crossing, shall have reported in writing such departure to the Council within three days after the same shall have been discovered, and unless such person, being served by the Council within three days after such report with a notice so to do, shall for the space of seven clear days after such notice have failed to correct or supply such departure.

19.

Council may alter improper crossing; expenses.If any crossing shall have been made in any respect contrary to this By-law or any regulation in force hereunder, it shall be lawful for the Council, if they shall see fit, to cause the same to be altered so as to conform hereto and to such regulation respectively, and to recover, in manner in "The Municipal Institutions Act, 1900," provided the expenses of such alteration from the owner of the land to which such crossing shall lead ; but they shall not so recover in those cases of departure from the notice or specification which the Council or their officer might respectively have given notice of or reported, but failed to give notice of or report respectively in manner, and within the time provided in the preceding sections hereof.

20. Crossings for private streets; expenses.-If any private street shall meet at an angle the footway of any public street and there shall be no crossing upon and across such footway and the channel adjacent thereto, from such private street to such public street, it shall be lawful for the Council, if they shall see fit, to make, in accordance with any regulation in force in that behalf, a crossing upon and over such footway and channel of the description hereinbefore provided with respect to other crossings, and to recover from the owner of each of the tenements abutting on such private street such portion of the expenses of such making as shall bear to the whole of such expenses the same proportion as the ratable value bears to the whole ratable value of the properties so abutting.

21.

Council may alter crossings made before sub-division in force. If any crossing across or over any footway or channel to any land or way appurtenant thereto, or to any private street, shall have been made before the coming into operation of this sub-division, but shall in any respect not be in accordance with any regulation made hereunder, the Council may, if they shall see fit, cause the same to be altered so as to conform to such regulation; and if such crossing shall have been made contrary to any By-law in force at the time of making of the same, the Council may recover the expenses of such alteration in manner in the last two preceding sections mentioned, according as one or the other may be applicable to the case.

22. Repair of crossings -If any crossing shall be out of repair, and the person liable hereunder to main

tain or repair the same shall, for seven days after notice from the Council to that effect, neglect properly and completely to repair the same, he shall forfeit for every day that such crossing shall remain so unrepaired a sum of Forty shillings; and the Council may, if they shall see fit, effect such repair, and recover the same from such person before any Justice.

23. Regulations.-It shall be lawful for the Council from time to time to make regulations for all or any of the purposes following, that is to say :

For regulating the width, depression, and inclination of crossings across or over footways and channels, and the materials for making and constructing the same; the mode of laying and bedding such materials; the length, width, size, strength, and fall of bridge crossings, and the said inclination and fall, either absolutely or with relation to the levels, inclination, or fall of the footway or channel, or otherwise, in like manner.

(4.) DEPOSIT OR DISCHARGE OF RUBBISH, LIQUID, ETC.,

ON STREETS, ETC.

24. Causing, etc., offensive liquid, etc., to flow on street, etc.-Every person who causes to run from any manufactory or any establishment for the boiling or preparing of any animal matter, or any brewery, slaughter-house, butcher's shop, eating-house, or any dunghill, or other receptacle, or from any inn, into or upon any street, public or private, or any footway or channel, and every occupier of any land or premises who causes or permits to run from such land or premises into or upon any such street, footway or channel, any offensive liquid or matter, shall, for every day during which any such liquid or matter shall so run, forfeit a sum not exceeding Five pounds.

25. Causing sludge to flow on street, etc.-Every manager and director of any company established for mining purposes, whether incorporated or not, and every other person who, unless where authorised by or under some Statute now or hereafter to be in force, shall cause or shall allow any sludge made in the process for washing earth for gold, or other metals or minerals, or otherwise to flow or run into or upon any street, public or private, or any footway or channel, shall, for every day during which any such sludge shall so flow or run, forfeit a sum not exceeding Five pounds.

(5.) DEPOSITING BUILDING MATERIALS, EXCAVATIONS,

ETC.

26. Unlawful depositing of building materials in street. Every person who throws or lays any building or other materials, or building rubbish, or puts up, constructs, or erects any stage, scaffolding, hoarding, or fence, in, upon, across, or over any street, footway, channel, or public place, save in lawful execution of the powers given by this sub-division, shall forfeit a sum not less than Forty shillings or not exceeding Ten pounds, and a further sum not exceeding Forty shillings for each day during which such matter or thing, or any of it, or any part thereof, is suffered to remain in or upon such street, footway, channel, or public place.

27. Notice of intention to build, etc.-Every person intending to build, put up, or take down, or cause to be built, put up or taken down, any building, wall, or other structure, or any fence, or to alter or repair, or cause to be altered or repaired, the outward part of any such building or other structure, whether in any of such cases over or under ground, or to make any hole within

Municipalities.

TENTH SCHEDULE-continued.

within ten feet of any street or footway, shall give notice in writing of such his intention to the Council; and in such notice shall describe the intended work, and the height, depth, extent, and position thereof; and whether or not it be necessary for the execution of the said work that a scaffold or stage be constructed, or that buildings or other materials or building rubbish be deposited upon or in the footway or street adjoining, or in front of such structure or hole, and for what time it will be necessary that such stage or scaffolding or such materials deposited be so kept or continued, or that such hole remain open, together with such other particulars touching such intended work as such persons shall see fit.

28. Penalty for commencing, etc., work without notice. -No person shall execute, or begin or continue to execute, any such work as in the last preceding section mentioned without having given to the Council such notice as therein provided, or until the expiration of forty-eight hours after giving the same; and every person offending against the provisions of this section shall forfeit a sum not exceeding Five pounds for every day upon which he shall so offend.

29. License for depositing materials, scaffolding, etc.— It shall be lawful for the Council, having received any such notice as aforesaid, to grant, if it shall seem to them fit, to the person having given such notice, upon payment by him of such sum as the Council may decide, a license in the appointed form under the hand of the town clerk, authorising such person to construct such stage and scaffolding as the proper officer of the Council to be appointed in that behalf shall require or permit, and to deposit building and other materials and building rubbish upon or across, in each of the cases aforesaid, so much of the footway adjoining or in front of the site of the intended work, and so much of the street adjoining such footway, and to keep and continue the said stage, scaffolding, and materials or rubbish so constructed or deposited respectively, for such time respectively as shall seem fit to the said Council, and be specified in the said license; and the Council may, if it shall seem fit, renew such license, or grant a fresh license to such person from time to time, and such person may thereupon from time to time do the said acts according to the tenor of such license.

30. Hoarding and fence.-Every person who shall intend to build, or take down, or cause to be built or taken down, any building or other structure, whether over or under ground, or to alter or repair, or cause to be altered or repaired, the outward part of any such structure within any of the cases aforesaid ten feet of street or footway, or who shall have a license for constructing any stage or scaffolding, or depositing any building or other materials or building rubbish upon or across any footway or street, shall, before beginning to execute such work, or to do such act, cause to be put up, so as to separate from the street, and from the remainder (if any) of the footway so much of the premises where the work is to be executed as fronts the site of such work, and the area upon which, according to the license, such stage or scaffolding is to be constructed, or such materials or rubbish are to be deposited, such sufficient hoards or fences, together with such convenient platform or handrail, if there be room enough to serve as a footway for passengers outside of such hoard or fence as shall be respectively approved by such officer as the Council shall have appointed in that behalf, and shall continue such hoard or fence, with such platform

and handrail as aforesaid, standing and in good condition to the satisfaction of such officer during the time limited, as aforesaid in the said license, or the last renewal thereof, and for such longer time as the public safety or convenience requires, and shall in all cases in which it is necessary, in order to prevent accidents, cause the same to be sufficiently lighted from sunset to sunrise, and shall remove such hoard, fence, platform, and handrail, and make good the footway and the street within a reasonable time after the provisions of this section have been fulfilled.

31. Penalty for not putting up lighting, etc., hoarding.Every person who executes, or begins or continues to execute, any such work as in the last section mentioned, or who being licensed thereto constructs or begins or continues to construct any such stage or scaffolding, or deposits or keeps deposited any such material or rubbish upon or across any footway or street, without having in any of the cases aforesaid put up such hoard or fence or such platform with such handrail as aforesaid, or continuing the same respectively standing and in good condition as aforesaid during the time aforesaid, or without keeping the said hoard, fence, platform, or rail, and each part thereof respectively, while the same are standing, sufficiently lighted from sunset to sunrise, or without removing the same within such reasonable time as aforesaid, or without making good the footway and the street, after such removal, shall for every such offence forfeit a sum not exceeding Five pounds, and a further penalty not exceeding Forty shillings for every day while such default is continued.

32.

Removal of scaffolding, etc.-Every person licensed as herein mentioned to construct any stage or scaffolding, or to deposit any materials or rubbish, shall remove within a reasonable time after the time limited as aforesaid in such license, or in the last renewal thereof, all such stage, scaffolding, materials, and rubbish, and shall make good the footway and the street; and if any such person shall fail in any such case to comply with this section, he shall forfeit a sum not exceeding Five pounds, and a further penalty not exceeding Forty shillings for every day while such default is continued.

33. Street, etc., not to be obstructed, etc.-Nothing herein contained shall render it lawful to construct any stage or scaffolding, or to deposit any materials or rubbish, or to put up any hoarding or fence, platform or handrail, as aforesaid, or all or any of them, so that the same shall extend, or be across, or over, or upon any street further from the inner edge of the footway than one-third of the whole breadth of such street, or in any case so as to render the street, exclusive of the footways, impassible for carriages, or so as to obstruct the channel.

or

34. Council may remove, etc., in certain cases and recover expenses.-If any person who ought, under this By-law, to remove any matter or thing, or to make good any footway or street, shall fail so to do, whether not such person shall have been convicted or not of any offence under this sub-division, the town clerk may cause the removal of such matter or thing, or make good such street or footway, and may recover the expenses of so doing from the person so making default before any Justice.

(6.) LIGHTING, ETC., OF OBSTRUCTIONS GENERALLY. 35. Persons laying materials, or making hole, whether by authority or not, to light, etc., same.--When any building materials, rubbish, or other things are laid, or any

Municipalities.

TENTH SCHEDULE-continued.

any hole made in any street or footway, whether the same be done by order or authority of the Council or not, the person causing such materials or other things to be so laid, or such a hole to be made, shall, at his own expense, cause a sufficient light or lights to be fixed in a proper place upon or near the same, and continue such light or lights every night, from sunset to sunrise, while such materials or hole remain; and such person shall, at his own expense, cause such materials or other things and such hole to be sufficiently fenced and enclosed until such materials or other things are removed, or the hole filled up or otherwise made secure; and every such person who fails so to light, fence, or enclose such materials or other things or such hole, shall for every such offence forfeit a sum not exceeding Ten pounds, and a further sum not exceeding Forty shillings for every day while such default is continued.

36. Penalty in like case for non-removal. - In no case shall any such building materials or other things or such hole, as last mentioned respectively, be allowed to remain an unnecessary time, under a penalty not exceeding Ten pounds, to be paid for every such offence by the person who, whether by order or authority of the Council or not, causes such materials or other things to be laid, or such hole to be made; and in any such case the proof that the time has not exceeded the necessary time shall be upon the person so causing such materials or things to be laid, or causing such hole to be made.

(7.) HOUSES, ETC., ENCROACHING ON STREET, etc. 37. Houses built so as to encroach on street.--If any person shall erect or place fence, any house or other building, or any part thereof, upon, over, or across any public street, footway, or channel, he shall forfeit a sum not exceeding Twenty pounds, and a further sum not exceeding Five pounds for every day while the same shall so continue: Provided always that the Council, upon giving thirty days' notice in writing to the person to whom such encroachment belongs, or who has erected the same or caused it to be erected, may direct the removal of the same, and at the costs and charges of the person so offending. In every case where the obstruction cannot be removed at a greater cost than ten pounds it shall be open to the Council either to direct such removal and to pay all the costs thereof above ten pounds, or to proceed by action for trespass against the person causing such obstruction or encroachment, or to proceed as for a breach of such By-laws as aforesaid.

(8.) OBSTRUCTIONS, ETC., TO STREETS, ETC., BY
CATTLE, ETC.

38. Cattle at large on unenclosed land.-If any cattle shall be found upon any land not being a common, and such that there is no fence, whether upon the same land or any other dividing such first-mentioned land from any street, whether public or private, without any person having charge of such cattle, the owner of such cattle shall forfeit a sum not exceeding Twenty shillings for every head of such cattle; and the proper officer of the Council may seize such cattle and place the same at some neighbouring place of safe custody; and any Justice, if such owner be not known, upon proof of the issue of a summons in the usual form, addressed to such owner as "owner only, without otherwise naming or describing him, such cattle and the place of seizure being duly described therein, and of the publication of such summons in some newspaper may, after the expiration of twenty-four hours from such publication, proceed with respect to such owner not

[ocr errors]

appearing as if personal service of a summons, stating his name, had been effected, or if such owner appear, then as in other cases; and the Justice may order the cattle to be sold and the money arising from the sale, after deducting the said penalty and the costs awarded and the reasonable expenses, to be estimated and assessed by the Justice, of seizing, keeping, and selling the said cattle, shall be paid, if demanded within one month, to the owner of the cattle, and if not so demanded, then to the municipal fund; and if the said money shall not be sufficient for all the purposes aforesaid, the amount whereby the same falls short, or if no such sale be ordered, the whole of the said amount may be recovered from the said owner, if and when known, in like manner as other penalties and sums adjudged or ordered to be paid by Justices are to be recovered.

39. Cattle at large in streets.-If any cattle be at any time found in any street without any person having the charge thereof, the owner of such cattle shall forfeit for every head of such cattle a sum not exceeding Twenty shillings, and if such cattle shall, by reason of having been so found at large, have been impounded by the Council, the amount of such penalty and costs, if adjudged respectively before the release or sale of such cattle, shall be added to the pound fees and charges payable in respect of such cattle, and the amount thereof or such lesser amount (if any) as, after the sale of the cattle, may remain in the hands of the poundkeeper shall be paid over by him accordingly; and if the proceeds of any sale of such cattle shall not be sufficient, after paying the lawful fees and charges aforesaid, to satisfy such penalty and costs, or if such penalty and costs shall have been adjudged after the release or sale of the cattle, the same or so much thereof as remains unpaid shall and may be recovered from the owner of the cattle in like manner as other penalties and costs adjudged by Justices are by law to be recovered; and if, in the case of any information under this section, the owner be not known, then the provisions of the last preceding section, so far as necessary to give the adjudicating Justice jurisdiction, shall apply.

40. Goats sold for trespass to be released or killed.--If any goat shall have been impounded under the provisions of either of the two last preceding sections, or under the provisions of this By-law, relating to the impounding of cattle for trespass in the streets, and shall not, after the expiration of twenty-four hours, be released, and the penalty, costs, fees, and charges be paid by the owner thereof, any Justice may by warrant under his hand, directed to any constable, authorise the destruction of such goat, and the same may be destroyed accordingly.

41. Regulations.-It shall be lawful for the Council to make regulations from time to time for appointing the hours during which it shall not be lawful to drive into or through the municipality, or such parts thereof as shall by boundaries be set forth in such regulation, any cattle intended for sale, slaughter, or shipment, or travelling from one part of Western Australia or of any other colony to any other part, and to provide, if they shall see fit, in such regulations separately with respect to Sundays and week days; and if any person shall drive any such cattle contrary to such regulation, he shall forfeit for every head of cattle so driven a sum not exceeding Twenty shillings; provided that nothing herein contained shall apply to horses driven in harness or to oxen in the yoke.

42.

Municipalities.

TENTH SCHEDULE

42. Breaking in, etc., horses in streets.-It shall not be lawful to break in any horse or other animal in any street, public or private, or in any public place, save such public places as from time to time may be appointed by some regulation of the Council in that behalf, which regulation the Council are hereby authorised to make, or by locking the wheels of any cart or other vehicle, or otherwise to test or try any horse or other animal so as to obstruct or injure any street or public place; and any person offending against this section shall forfeit a sum not exceeding Five pounds.

(9.) UNDERMINING STREETS.

43. Court may restrain undermining of street.-Upon application of the Council in that behalf, and hearing of the parties, it shall be lawful for the Local Court or Justices having jurisdiction at the place (subject to and in accordance with the provisions of any law now or hereafter in force relating to the management of and the administration of justice in regard to mining interests) by order under his hand, to enjoin any person named in such order from mining under any street or road, whether public or private; and if any person shall disobey such order, he shall be liable to be dealt with in like manner as persons disobeying other like orders of such Court are by law liable to be dealt with.

PART II. WATERWORKS, DRAINS, ETC. 1. Polluting water, reservoirs, etc.-Whosoever shall bathe in any fresh water stream, reservoir, conduit, aqueduct, or other waterworks belonging to or under the management or control of the Council, or shall wash, cleanse, throw, or cause to enter therein any animal, whether alive or dead, or any rubbish, filth, stuff, or thing of any kind whatsoever, or shall cause, or permit, or suffer to run, or be brought therein, the water of any sink, sewer, drain, engine, or boiler, or other filthy, unwholesome, or impure water, or shall do anything whatsoever whereby any water or waterworks belonging to the Council, or under their management or control, shall be fouled, obstructed, or damaged, shall for every such offence forfeit, on conviction, a sum not exceeding Ten pounds, and a further sum not exceeding Twenty shillings for each day while such offence is continued after written notice in that behalf.

2. Wilful waste of water.-Whosoever being supplied with water by the Council from any waterworks of or belonging to or under the control or management of the Council, or having access to any such waterworks for the taking of water therefrom, shall wilfully or negligently suffer any water to run to waste from any pipe or conduit from or by which he shall be so supplied, or to which he shall have such access, shall, on conviction, forfeit and pay for every such offence a sum not exceeding Ten pounds.

3. Damming up water without consent.-Whosoever shall, without the consent in writing of the Council, construct or place any dam or embankment in or across any river, creek, or natural water-course, or permanently obstruct the same in any way, shall, on conviction, forfeit a sum not exceeding Twenty pounds, and a further sum not exceeding Five pounds for every day after such conviction during which such dam or embankment or any part thereof shall continue.

4. Diverting water from reservoirs of Council in certain cases.--In any case in which the Council has the exclusive right of collecting for the supply of any reservoir or waterworks belonging to the Council, or under their management or control, the storm-water having fallen on

[ocr errors]

continued.

any gathering ground, whosoever shall by any means whatsoever divert any such water from the course of its natural flow, so that the same shall tend to flow else. where than to such reservoir or waterworks, or some water-course leading thereto, or shall flow to the same respectively in a foul state, shall forfeit, on conviction, a sum not exceeding Fifty pounds, and a further sum not exceeding Ten pounds for every day after such conviction during which such water so tends to flow or flows, as the case may be.

5. Shooting or fishing in or near reservoir.--It shall be lawful for the Council from time to time to make regulations for prohibiting or regulating the shooting of waterfowl and the taking of fish upon or in or within one-quarter of a mile of any stream, reservoir, or other waterworks belonging to or under the management or control of the Council; and every person who shall offend contrary to any such regulation shall, on conviction, forfeit and pay for every such offence a sum not exceeding Five pounds.

6. Obstructing, etc., culverts, etc.-Whosoever shall obstruct or damage any culvert, sewer, or drain, belonging to or under the control of the Council, shall forfeit a sum not exceeding Ten pounds, and shall pay to the Council, by way of compensation for any such damage, such further sum not exceeding Ten pounds, as the convicting Justice shall order.

PART III.--WHARVES, ETC.

1. Application of this Part.-This Part shall apply only to such wharves, jetties, and piers as belong solely to and are under the sole management or control of the Council, and as are not within the operation of any Act relating to ports or harbours.

2. Regulations.--It shall be lawful for the Council from time to time to make regulations for all or any of the purposes following, that is to say:

(a.) For limiting the time during which goods shall be suffered to remain upon such wharf, jetty, or pier, according to the nature of such goods:

(b.) Tolls.--For appointing the rates and tolls to be paid in respect of goods landed, shipped, or deposited upon or from such wharf, pier, or jetty:

(c.) For appointing the parts and the extent of such wharf, pier, or jetty on which it shall be lawful to deposit goods:

And every person who shall place or keep any goods contrary to any such regulation shall, on conviction, forfeit a sum not exceeding Five pounds for such offence, and a further sum not exceeding Forty shillings for every day after such conviction during which such goods or any of them shall so remain.

3. Offences by masters, etc., of ships, boats, etc.--If any master or person in charge of any ship or boat do not, on being thereto required by the proper officer of the Council, remove his ship or boat from the wharf, pier, or jetty, or from one part to another part thereof, or if any such master or person, or the owner of any ship or boat, cause or suffer such wharf, pier, or jetty to be damaged by contact of such ship or boat therewith or otherwise, every such master, owner, or person shall forfeit a sum not exceeding Ten pounds, and such further sum, by way of compensation, to the Council for any such damage as the convicting Justice shall on the hearing order. PART

Municipalities.

TENTH SCHEDULE-continued.

PART IV.-PLACES OF IMPROVEMENT AND

RECREATION, ETC.

(1.) PUBLIC LIBRARIES AND MUSEUMS.

1. Misconduct, etc., in library or museum.-Every person who shall, being intoxicated, enter or remain in any public library, mechanics' institute or museum belonging to or under the control or management of the Council, or who shall use therein any abusive, improper, or unbecoming language, or who shali by unnecessarily loud talking or any unnecessary noise, or otherwise disturb or annoy the persons using or resorting to such library, institute or museum, or who shall without lawful excuse, but without felony, remove any property from such library, institute or museum, shall forfeit a sum not exceeding Ten pounds, and every such person may be forthwith removed by any officer of the Council in charge of such library, institute or

museum.

2. Regulations.--It shall be lawful for the Council from time to time to make regulations for the proper management and control of every such library, institute and museum, and every person offending against any such regulation shall forfeit a sum not exceeding Five pounds.

(2.) PUBLIC GARDENS.

3. Hours.--The gardens, parks and reserves under the management or control of the Council, and ground appertaining thereto, herein called the gardens, may be opened from sunrise to sunset on each day of the week.

4. Injury to things in gardens.--No person shall pluck any of the flowers, or walk on the beds or borders, or climb upon or get over the fences, or remove any of the tallies, or disturb, damage, or destroy any property or thing in the gardens.

5. Shooting, etc.-No person shall carry firearms through the gardens, or shoot, snare, or destroy any wild fowl, either in the gardens or in or on any water adjacent thereto, or bathe within such distance from such gardens as shall be fixed by any regulation of the Council to be made in that behalf in such water.

6. Driving carts.-No cart or other vehicle used for the conveyance of goods shall, without the authority of the proper officer of the Council, be driven through the gardens.

7. Supplying plants, etc.-Such plants, seeds, or cuttings, as are commonly purchasable at nursaries in Western Australia, shall not be supplied from the gardens to any person, unless in exchange, or for public institutions or for benevolent purposes.

8. Interrupting workmen.--No visitor shall interrupt the gardeners or labourers by conversation or otherwise.

9. Dogs. All dogs and goats, and all poultry, found within the gardens shall be destroyed, and the owner shall make compensation, to be recovered before any Justice, for any damage done.

10. Regulations.-In addition to the provisions herein contained, it shall be lawful for the Council from time to time to make such regulations for the proper maintenance and management of the gardens as shall seem to them fit.

11. Penalties.-Any person offending against this by-law or any such regulation shall forfeit a sum not exceeding Ten pounds.

[ocr errors]

1.

PART V.-BUILDINGS, ETC., FOR PUBLIC
MEETINGS, ETC.

Public buildings, etc., to be registered.--Every occupier of any hall or other building used for public meetings, or of any such building or any ground in which public amusements are conducted, shall register at the office of the Council such building or ground, together with the situation and description thereof, and the purpose for which the same is to be kept, and the name of such occupier; and every person who causes, and every occupier of any such premises who permits any public meeting to be held, or any public amusement to be conducted in or on any such premises, not being registered for the purpose, or without such certificate of registration as hereinafter mentioned having been obtained for the same, shall forfeit for every such offence a sum not exceeding Ten pounds.

2. Certificate of registration, etc.-The Council, upon the written application of any such occupier as aforesaid stating the particulars aforesaid, may, if upon inspection by the proper officer the premises shall have been found to be secure and proper for the purpose stated, and if the Council shall see fit, cause the premises to be registered in a registry book to be kept for the purpose stated; and shall thereupon grant to the applicant a certificate of such registration of such premises in the appointed form; and the Council may at any time suspend for a stated period the effect of or cancel any such registration, and shall forthwith give notice of such suspension or cancellation to the occupier of the registered premises, and during such suspension or after such cancellation such premises shall be deemed to be unregistered in respect of the purpose mentioned in the certificate of registration, and such certificate shall be of no force or virtue.

3. Inspection. The proper officer of the Council may at all reasonable times enter and inspect any such registered premises as aforesaid.

4. Regulations.-It shall be lawful for the Council from time to time to make regulations for appointing the times and hours during or at which respectively any such registered building or ground shall be used for the purpose for which it is registered, or shall be closed; and every occupier of any such premises, who permits the same to be used for such purpose during or at any other time, or after any such hour respectively, shall, for every such offence, forfeit a sum not exceeding Ten pounds.

PART VI.-FIRE PREVENTION.

(1.) FOUL CHIMNEYS.

1. Wilfully Setting fire to chimneys.-Every person who wilfully sets or causes to be set on fire any chimney-flue, smoke-vent, or stove-pipe, herein called in common "chimney," shall forfeit a sum not exceeding Five pounds; provided always that nothing herein contained shall exempt the person so setting, or causing to be set on fire, any chimney from liability to be informed against or prosecuted before any Court having criminal jurisdiction for such act as for an indictable offence.

2. Negligently suffering chimney to be on fire.-If any chimney accidentally catch or be on fire, the person occupying or using the premises in which such chimney is situated shall forfeit a sum not exceeding Forty shillings; provided always that such forfeiture shall not be incurred if such person prove to the satisfaction of the Justice before whom the case is heard that such fire

was

« PreviousContinue »