and violent;

(8) Is drunk in any street or place of public resort and guilty of Being drunk any violent or indecent behaviour therein;—or (9) Is guilty of any violent or indecent behaviour in any police Behaving office, or station house, or lock-up house, or in any build- violently in police station; ing used as a police office, station, or lock-up house ;-or (10) Commits any nuisance in any street or place of public resort, Committing or in any place declared an open space under section nuisance; twenty-three of this Ordinance, or in any place being an appurtenance of or adjoining a dwelling house;-or

in Churches;

(11) Behaves irreverently or indecently in or near any Church, Behaving Chapel, or other building appropriated for religious wor- irreverently ship;-or (12) Wilfully defaces or removes any public lawful notice or Wilfully deposting bill from any building or place where such notice facing public or bill may lawfully be affixed,

notices;

he shall for each offence, in addition to any liability for damage at Penalty; the suit of any person aggrieved, incur a fine not exceeding forty shillings, or in default of payment be imprisoned with or without hard labour for a period not exceeding four weeks;

Any person found committing any offence punishable under this Apprehension section, may be taken into custody without warrant by any Con- of offenders. stable or person whom he may call to his aid, or by the owner or occupier of the property on or with respect to which the offence is committed, or by his servant, or any person authorized by him, and may be detained until he can be delivered into the custody of a Constable, who shall carry such person as soon as conveniently may be before some District Commissioner to be dealt with according to law: Provided that no person arrested under this enactment shall be detained by any Constable or other person longer than necessary for bringing him before the District Commissioner who shall hear and adjudicate on the complaint.

29. Whoever discharges any fire-arms, or throws or sets fire to Discharging any firework, in any street, or in any house or building or within fire-arms, &c. prohibited; the curtilage thereof, he shall for each offence, in addition to any Penalty; liability for damage at the suit of any person aggrieved, incur a fine which may extend to ten pounds, or in default of payment, be imprisoned with or without hard labour for a period which may extend to three months, and may be taken into custody without warrant as in the case of persons contravening the last preceding section;

house in

If it is proved that a fire-arm has been discharged in or within Liability of the curtilage of any house or building, and the person doing so has occupier of not been identified or discovered, the occupier of such house or which firebuilding, if within the premises at the time the offence was com- arms dismitted, shall be liable for each offence to a fine which may extend charged. to ten pounds, or in default of payment, to be imprisoned with or without hard labour for a period which may extend to thirty days.

Power to impound stray cattle;

Power to sell stray cattle;

Disposal of proceeds of sales.

Penalty for pound breach.

Owners of stray cattle

may be fined.

Furious dogs; penalty on

owner.

Rabid dogs at

Stray Cattle.

*30. If any cattle are found at large in any street to which this enactment at any time applies without any person having the charge thereof any Constable or person assisting him may seize and impound such cattle in any common pound provided by the Surveyor with the approval of the Governor, and may detain the same therein until the owner thereof pay to the Treasury a penalty not exceeding two shillings for each head of cattle, besides the expenses of keeping the same at rates not exceeding six pence a day for each head of swine, and one shilling a day for each head of other cattle;

If the said penalty and expenses are not paid within four days after such impounding, the pound keeper or other person appointed by the Surveyor for that purpose may sell or cause to be sold any such cattle; but previous to such sale six days' notice thereof shall be given or left at the dwelling house of the owner of such cattle if he is known, or if not then notice of the intended sale shall be conspicuously posted in some usual place for the posting of public notices in the town or place where the cattle was seized;

The money arising from such sale, after deducting the said penalty and expenses, shall be paid to the Treasurer and be by him paid on demand to the owner of the cattle so sold.

31. Whoever releases or attempts to release any cattle from any pound or place where the same are impounded under the authority of this Ordinance, or who pulls down, damages, or destroys the said pound or place, or any part thereof, with intent to procure the unlawful release of such cattle, shall incur a penalty not exceeding five pounds.

32. It shall be lawful, in lieu of impounding the cattle found at large as aforesaid, to summon the owner thereof before the District Commissioner, who may on conviction impose a fine on such owner for each animal so found not exceeding two shillings besides costs of the summons and service thereof.

† 33. If any dog either at large in any street or public place or in charge of any person shall attack, worry, or put in fear any person, or any horse or other animal, the owner of such dog shall incur a fine which may extend to ten shillings, and such dog may, by order of the Court making the conviction, be destroyed.

34. It shall be lawful for any Constable to destroy any dog large may be going at large which shall be reasonably suspected to be in a rabid destroyed; state, or which shall have been bitten by any other dog reasonably suspected to be in a rabid state, and the owner or person in charge

penalty on

owner

* Rules passed August 7th, 1888.

† Refer to No. 7 of 1890, and Order of 18th April, 1891.

No. 10

Towns Police and Public Health.

1878

of such dog who shall permit the same to go at large shall incur a fine which may extend to ten pounds.

Unlawful drumming, &c.

without

35. It shall not be lawful for any person, without the permission Beating in writing of the Commissioner of Police, or the District Com- drums, &c. missioner in the case of an outstation, to assemble or be in any street, house, building, garden, yard, or other place beating any unlawful; drum, gong, tomtom or other instrument, or dancing thereto, and any Constable by himself, or with such assistance as he may take to his aid, may warn the persons so unlawfully assembled to depart, and for this purpose may enter any such house, building, garden, yard, or place in which persons are assembled as aforesaid; ing to desist; Whoever, after being so warned, shall not depart forthwith Penalty on (except the persons actually dwelling in such house or building) persons refusmay be apprehended without warrant by any Constable or person acting in his aid, and shall incur a fine which may extend to ten shillings;

house, &c. The occupier of such house, building, garden, yard, or place, Penalty on who shall have permitted such persons unlawfully to assemble or be occupier of therein as aforesaid, shall incur a fine which may extend to forty shillings, and every drum, gong, tomtom or other such instrument found in the premises shall be liable to forfeiture.

drumming, 36. Any Court may prohibit during the hours of its sitting and Court may at any place within a radius of three hundred yards from the build- prohibit ing where such sitting is held any beating of drums, gongs, &c. during tomtoms, or other instruments, or other loud noises of any kind or its sittings. description, and whosoever, being required by any Constable or officer of the Court to desist from beating drums, gongs, tomtoms, or other instruments, or from making any other noise as aforesaid, fails to comply with such requisition, shall for every offence incur a penalty not exceeding forty shillings, and may be apprehended by any Constable without warrant.

Abatement of Fires.*

may order

37. If any house or building catches or is on fire, it shall be Officers of lawful for any officer of Police of rank not lower than Assistant Police, &c. Commissioner, or any District Commissioner, or Surveyor, to order demolition or with the purpose of staying the spreading or communication of the unroofing of fire that any near or adjacent houses or premises to which the fire buildings: is likely to communicate shall be demolished, or the roofs thereof broken down, or the thatch or other inflammable roofing pulled or broken from the roofs, or other suitable means used for interrupting the communication; but no order for the demolition of

*See No. 9 of 1897.

Execution of orders; penalty on obstruction;

No com

any house or premises, or for breaking down the roof, or pulling the roofing material therefrom shall be given, unless the officer is present at the fire, and satisfied to the best of his judgment upon personal view, that such order appears necessary for staying the progress or communication of the fire:

Such orders may be carried out by any Constable or other person, and if any person obstructs in any manner of way the execution of any such order, he shall be punished with fine which may extend to ten pounds, or with imprisonment with or without hard labour which may extend to sixty days, or with both:

No occupier, or owner, or other person interested in any house pensation due or premises so demolished or unroofed, or from which the roofing materials shall have been pulled as aforesaid, shall be entitled on account thereof to compensation of any sort whatsoever.

to owners,

&c. of houses so demolished. Penalty on

in extinguish ing fires.

38. Whoever being called by any Justice of the Peace, District persons refus- Commissioner, or Surveyor, or by any Constable to assist in ing to assist extinguishing or staying the progress of any fire refuses or delays to do so, or fails to use his best endeavours in carrying out the directions given for that purpose by any Justice, District Commissioner, Surveyor, or Constable, shall be liable to a fine which may extend to five pounds.

When slaughter house provided cattle not to be slaughtered elsewhere.

Regulations for slaughter houses;

Penalties on

breach of regulations.

SLAUGHTER HOUSES.

39. When the Governor provides any public slaughter house for any town or place, it shall not be lawful unless by the license of the Health Officer to slaughter any cattle, or dress any carcase for the food of man, within the limits for which such slaughter house is provided, except in such slaughter house; and any person contravening this enactment shall incur a penalty which may extend to forty shillings for every offence.

40. The Governor may by Rules to be made in the manner provided in section sixty-seven, make, and revoke, or alter Regulations for all or any of the following purposes:

With respect to the management of slaughter houses, and the charges for the use thereof;

For preventing cruelty in slaughter houses;

For keeping slaughter houses in a cleanly and proper state, and providing them with a sufficient supply of water;

For regulating the butchers, labourers, and others resorting to or employed about slaughter houses;

and may annex and appoint penalties on persons breaking any of such regulations, or wilfully obstructing any person acting in the execution thereof, not exceeding for any one offence the sum of forty shillings, and, in the case of continuing breaches or offences, not exceeding the sum of ten shillings for every day such breach or offence is continued after a conviction therefor.

KEEPING SWINE.

swine within

41. It shall be lawful for the Governor, with the advice and Power to forconsent of the Executive Council to declare by Proclamation which bid keeping shall be published in the Gazette, that it shall be unlawful to limits to be keep any Swine within fixed limits, which shall be set out in such defined in Proclamation from and after a day to be named therein which order. shall not be less than Three months from the date thereof, where- Swine and upon any Swine being found within the limits defined in such places in which kept to order, together with the place or places in which the same are kept, be nuisances. shall be deemed to be nuisances within the meaning of this Ordinance. (10 of 1883, s. 2.)

UNSOUND MEAT, &c.

&c.;

42. Any Health Officer, or person authorized by the Governor Officers of to act as Inspector of Provisions, in any place to which this enact- health to ment at any time applies, may at all reasonable hours inspect and inspect meat, examine any animal, carcase, meat, poultry, game, fish, vegetables, corn, bread, flour, or other provisions exposed for sale, or deposited in any place for the purpose of sale, or of preparation for sale, and intended for the food of man, the proof that the same was not exposed or deposited for any such purpose, or was not intended for the food of man, resting with the party charged, and if any such animal, carcase, meat, poultry, game, fish, vegetables, corn, bread, flour, or other provisions appear to such Health Officer or Inspector to be diseased or unsound, or unwholesome, or unfit for the food of man, he may seize and carry away the same in order to its being brought before a Justice of the Peace, or the District Commissioner of the District:

If it appears to the Justice of the Peace, or District Commis- Unsound sioner that any animal, carcase, meat, poultry, game, fish, vege- meat, &c. to tables, corn, bread, flour or other provisions so seized is diseased or penalty on unsound, or unwholesome, or unfit for the food of man, he shall owner, &c.; condemn the same and order it to be destroyed, or so disposed of as to prevent it from being exposed for sale, or used for the food of man; and the person to whom the same belongs, or did belong at the time of exposure for sale, or in whose possession or premises the same was found, shall be liable to a penalty not exceeding ten shillings for every article condemned;

Any person who in any manner prevents any Health Officer, Penalty on or Inspector of Provisions, from entering any premises and inspect- hindering ing any animal, carcase, or provisions as aforesaid, exposed or inspection, &c. deposited for the purpose of sale or of preparation for sale, and intended for the food of man, or who obstructs or impedes any such Health Officer, or Inspector of Provisions, or his assistant, when carrying into effect the provisions of this Ordinance, shall be liable to a penalty not exceeding five pounds.

43. On complaint made on oath by a Health Officer, or by an Search Inspector of Nuisances, or by any Constable, any Justice of the warrants;