Penalty on hindering execution of warrant. Peace or District Commissioner may grant a warrant to enter any building, or part of a building, in which such complainant has reason for believing that there is kept or concealed any animal, carcase, meat, poultry, game, fish, vegetables, corn, bread, flour, or other provisions intended for sale for the food of man, which is diseased, unsound, or unwholesome, or unfit for the food of man ; and to search for, seize, and carry away any such animal, or other article, in order to have the same dealt with by a Justice of the Peace, or District Commissioner under the provisions of this Ordi nance: Any person who obstructs any such officer in the performance of his duty under such Search Warrant, shall, in addition to any other punishment to which he may be subject, be liable to a penalty not exceeding ten pounds, or to be imprisoned with or without hard labour for a period not exceeding sixty days. NUISANCES.* Definition of nuisances. Duty of Nuisances. Information 44. For the purposes of this Ordinance 1. Any house or premises in such a state as to be a nuisance or injurious to health, 2. Any pool, ditch, gutter, watercourse, privy, urinal, cesspool, drain, or ashpit so foul or in such a state as to be a nuisance or injurious to health, 3. Any animal so kept as to be a nuisance or injurious to health, 4. Any accumulation or deposit which is a nuisance or injurious to health, 5. Any growth of weeds, prickly pears, long grass, or wild bush of any sort in any garden or yard, shall be deemed to be nuisances liable to be dealt with in the manner provided by this Ordinance. 45. It shall be the duty of every Inspector of Nuisances to make from time to time inspection of his district, with a view to ascertain what nuisances exist calling for abatement under this Ordinance, and to enforce the provisions of this Ordinance. 46. Information of any nuisance may be given by any person of nuisances. aggrieved thereby, or by any Constable. Notice to abate nuisance. 47. Whenever an Inspector of Nuisances or any Surveyor or Health Officer receives information of, or otherwise has reason to suppose the existence of any nuisance, he shall personally, or by some messenger authorized by him, visit the premises where such supposed nuisance exists, and shall notify to the person by whose act, default or sufferance the nuisance arises or continues, or the occupier or owner of the premises, requiring him to abate the same. See No. 5 of 1899, No. 10 Towns Police and Public Health. 1878 complaint to 48. If the person to whom such notice shall have been given On nonmakes default in complying with any of the requisitions thereof compliance within the time specified by the notice, or within five days if the Court; time was not specified, or fails to satisfy the Inspector of Nuisances, or Health Officer, or Surveyor, that he has used all due diligence to carry out the requisition, or if the nuisance, although abated since the date of the notice, is in the opinion of the Inspector of Nuisances, Health Officer, or Surveyor, likely to recur on the same premises, he shall take proceedings before a Court; If the Court is satisfied that the alleged nuisance exists, or that Order of although abated it is likely to recur on the same premises, the Court on Court shall make an order on the person in default, requiring him complaint; to comply with all or any of the requisitions of the notice, or otherwise to abate the nuisance within the time specified in the order, or such time as the Court may deem sufficient, or an order prohibiting recurrence of the nuisance, or an order both requiring abatement and prohibiting the recurrence of the nuisance; The Court may impose a penalty not exceeding twenty shillings Penalty for on the person on whom the order is made in respect of the nuisance nuisance; existing previously to such order; contravention of order of Any person not obeying an order requiring abatement or pro- Penalty for hibiting the recurrence of the nuisance, shall, if he fails to satisfy day the Court that he has used all due diligence to carry out such Court. order, be liable to a penalty not exceeding five shillings per during his default, and any person acting knowingly and wilfully contrary to an order of prohibition, shall be liable to a penalty not exceeding twenty shillings per day during such contrary action: Moreover, the Surveyor, or Inspector of Nuisances or his assistants may enter the premises to which the order relates, and abate the nuisance, and do whatever may be necessary in execution of such order, and recover the expenses incurred by them as a debt from the person on whom the order is made. 49. Where it appears to the satisfaction of the Court that the person by whose act or default the nuisance arises, or the owner or occupier of the premises is not known or cannot be found, then the necessary work for abating such nuisance may, subject to any order of the Governor, be executed by the Inspector of Nuisances, or Surveyor. abate nuisance where owner Power to known. or occupier of premises not houses unfit * 50. Where any house or building, by reason of any nuisance, Prohibition or of its insecurity and liability to fall down in whole or in part, is in case of in the judgment of the Court unfit for human habitation, the for human Court may prohibit the using thereof for that purpose until in its habitation; judgment the house or building is rendered fit for habitation; and if necessary, may authorize any Constable to remove the inhabitants therefrom; of prohibition. Any person inhabiting or using any house or building in contra- Penalty on vention of this enactment shall incur a penalty not exceeding ten contravention See No. 5 of 1889, s. 69. Power of entry to exa nuisances; shillings, and a further penalty not exceeding five shillings for each day that such act of contravention is continued. 51. Any Surveyor, or Health Officer, or Inspector of Nuisances, mine or abate or any persons employed by them or by any of them, such last mentioned persons showing any badge, or token, or written notice of such employment, shall be admitted into any premises, for the purpose of examining as to the existence or continuance of any nuisance therein, at any time between the hours of six in the morning and six in the afternoon, and also for the purpose of abating any nuisance; If admission refused or premises vacant order for admission to be made; Duration of order; Penalty on disobeying order. to be fouled. If admission to premises for any of the purposes of this section is refused, any Justice of the Peace, or District Commissioner, may, by order under his hand, require the person having custody of the premises to admit the Surveyor, Health Officer, or Inspector of Nuisances, or any person employed by them, or by any of them as aforesaid, into the premises during the hours aforesaid, and if no person having custody of the premises is found, the Justice of the Peace or District Commissioner shall authorize the aforesaid persons, or any of them, if necessary, to break and enter on such premises; Any such order shall continue in force until the nuisance has been abated, or the work for which the entry was necessary has been done; Any person who refuses to obey such order, or who obstructs the Surveyor, or Inspector of Nuisances, or any person employed by them, or by any of them, in any act authorized by this Ordinance, shall be liable to a penalty not exceeding five pounds. Penalty for 52. Whoever by any act or default causes or suffers to be causing water brought or to flow into any well, stream, tank, reservoir, aqueduct, pond, or place used or intended for supplying water to man, or into any conduit communicating therewith, any substance, or does any act whereby the water in or which may enter such well, stream, tank, reservoir, aqueduct, pond, or place is fouled, shall forfeit, for every such offence, a sum not exceeding ten pounds, and a further sum not exceeding forty shillings for every day during which the offence is continued after conviction: such penalties shall not be recoverable unless sued for during the continuance of the offence, or within one month after it has ceased. Provisions relating to nuisances not 53. The provisions of this Ordinance relating to nuisances shall be deemed to be in addition to, and not to abridge or affect any to affect other right, remedy, or proceeding under any other provision of this Ordinance, or under any other Ordinance, or at law, or in equity; Provided that no person shall be punished for the same offence both under the provisions of this Ordinance relating to nuisances and under any other law or enactment. remedies; Proviso. No. 10 Towns Police and Public Health. 1878 INFECTIOUS DISEASES. premises on 54. Where any Health Officer or Surveyor considers that the Cleansing and cleansing and disinfecting of any house or part thereof, and of any disinfecting articles therein, would tend to prevent or check infectious disease, notice. it shall be the duty of such Health Officer or Surveyor to give notice to the occupier or owner of such house, or part thereof, requiring him to cleanse or disinfect such house, or part thereof, and articles. notice. If the person to whom notice is so given fails to comply there- Penalty on with, he shall be liable to a penalty of not less than one shilling failure to and not exceeding five shillings for every day during which he comply with continues to make default, and the Officer of Health, or any Inspector of Nuisances, or Surveyor, may cause such house, or part thereof, and articles, to be cleansed and disinfected, and may recover the expenses from the occupier or owner in default. in which in 55. Any person who knowingly lets, either for hire or other- Prohibition on wise, any house, room, or part of a house in which any person has letting houses been suffering from any dangerous infectious disorder, without fected persons having such house, room, or part of a house, and all articles therein have lived. properly disinfected to the satisfaction of a Health Officer or Surveyor, shall be liable to a penalty not exceeding ten pounds: For the purposes of this section the keeper of an inn shall be deemed to let for hire part of a house to any person admitted as a guest into such house. 56. Any person who Prohibition on exposure of (1.) While suffering from any dangerous infectious disorder infected per- (2.) Being in charge of any person so suffering so exposes such sufferer, or (3.) Gives, lends, sells, transmits, or exposes without previous shall be liable to a penalty not exceeding five pounds. a 57. Any person who, while suffering from any such disorder, to Penalty. son entering Penalty on infected perpublic conveyance without to person in information charge. 58. Every person in charge of a public conveyance shall imme- Disinfection diately provide for the disinfection of such conveyance after it has of public to his knowledge conveyed any person suffering from a dangerous conveyances. Removal of infected persons to Hospital in certain cases. Governor in Council to make regulations as to epidemics. Penalty on disobeying regulations. infectious disorder, and if he fails to do so, he shall be liable to a penalty not exceeding five pounds. 59. Where any suitable Hospital or place for the reception of the sick is provided, any person who is suffering from any dangerous infectious disorder, and is without proper lodging or accommodation, or is lodged in a house so overcrowded as that in the opinion of the Health Officer the continuance of such sick person therein may probably lead to the spread of the disorder, may, with the consent of the superintending authority of such Hospital or place, be removed thereto by order of any District Commissioner, or Justice of the Peace: Any person who wilfully disobeys or obstructs the execution of such order shall be liable to a penalty not exceeding five pounds. *60. The Governor in Council may from time to time make, alter, and revoke such regulations as to him may seem fit with a view to the treatment of persons affected with small-pox, cholera, yellow fever, or any other epidemic, endemic, or infectious disease, and preventing the spread of small-pox, cholera, yellow fever, and such other diseases, and may declare by what authority or authorities such regulations shall be enforced and executed. Any person wilfully neglecting or refusing to obey or carry out, or obstructing the execution of any regulation made under this section shall be liable to a penalty not exceeding twenty pounds. Governor in Council may make Rules as to notices, &c. : Service until Limitation of time for prosecutions. MISCELLANEOUS. Notices and Orders. 61. The Governor in Council may make Rules as to the form and method of service of notices and orders under this Ordinance, and in what cases, and for what purposes, notice to the Chief, Captain, or Headman of any place, or part thereof, may be deemed to be notice to the native inhabitants of the same: Subject to such Rules, and until such Rules are made, any notice or order served in the manner prescribed for the service of summonses and other documents by the Supreme Court Ordinance 1876, and the Schedules thereto, shall be sufficiently served. Prosecution of Offences. 62. Any complaint or information in pursuance of this Ordinance shall be made or laid within two months from the time when the matter of such complaint or information arose, and not afterwards. Regulations as to Small Pox, made 1st July, 1891. And see Vaccination Ordinance, No. 11 of 1873. |