No. 10 Towns Police and Public Health. 63. All penalties, forfeitures, costs and expenses, the recovery of Recovery of which is not otherwise provided for, shall be recoverable upon penalties; summary trial and conviction and upon non-payment the same shall be enforced under the provisions of the Criminal Procedure Ordinance, 1876, or any enactment amending or extending the same any District Commissioner within the District, or any two Justices of the Peace authorized by the Governor to sit in Petty Sessions in any place or District, shall, in such place or District, have jurisdiction in all such proceedings; The term for which any person may be imprisoned in default of Limitation of payment of any penalty under this Ordinance shall not, except Imprisonwhere otherwise herein expressed, exceed thirty days. ment. 64. Where any nuisance under this Ordinance appears to be Joinder of proceedings wholly or partially caused by the acts or defaults of two or more parties in persons, it shall be lawful for the complainant to institute pro- for nuisance. ceedings against any one of such persons, or to include all or any two or more of such persons in one proceeding, and any one or more of such persons may be ordered to abate such nuisance, so far as the same appears to the Court to be caused by his or their acts or defaults, or may be prohibited from continuing any acts or defaults which the Court finds as matter of fact contribute to such nuisance, or may be fined or otherwise punished, notwithstanding that the acts or defaults of any one of such persons would not separately have caused a nuisance; and the costs may be distributed as to the Court may appear fair and reasonable. 65. Where in any proceeding under this Ordinance an inmate Burden of of any house is summoned or otherwise dealt with as the occupier proof in of such house, if he alleges that he is not the occupier the proof of certain cases. such allegation shall be upon the person making it. Protection of Officers. Health 66. No suit shall be commenced against any Health Officer, Notice of Surveyor, or Inspector of Nuisances, or person acting in his aid, action against or any other person employed under the authority of the Governor in carrying this Ordinance into effect for anything done or omitted to be done under this Ordinance, until the expiration of one month after notice in writing has been served on him, clearly stating the cause of action, the name and place of abode of the intended Plaintiff, and of his Attorney or Agent in the cause, if any; On the trial of any such action, the Plaintiff shall not be per- Evidence mitted to go into evidence of any cause of action which is not stated limited to in the notice so served; and unless such notice is proved, the Court notice; shall find for the Defendant; subject in Every such action shall be commenced within three months Limitation as after the cause of action shall have arisen; to time; The Plaintiff shall not recover if tender of sufficient amends is Plaintiff may made within one month after notice of action, or before action tender amends, &c.; Defendant to recover costs if judgment for him. Power of making Rules. brought, by or on behalf of the Defendant. The Defendant may, by leave of the Court after action brought, and before trial, pay into Court such sum of money as he may think proper; If a verdict passes or judgment is given for the Defendant, or if the Plaintiff be nonsuited or discontinues the action, the Defendant shall be entitled to full costs of suit. Supplemental. 67. In addition to the power of making Rules with relation to the particular matters in respect of which it is herein before provided that Rules may be made, it shall be lawful for the Governor, by any order approved by resolution of the Legislative Council, to make such other Rules, consistent with this Ordinance, and subject to the provisions thereof, for further or better carrying into effect any of the purposes of this Ordinance as he may from time to time deem necessary, and to annex and appoint a penalty which may extend to ten pounds in respect of the breach of any such Rule, or any act of wilful obstruction of the execution thereof, and in the case of a continuing breach or offence a further penalty which may extend to twenty shillings for each day that any offence or default is continued after conviction therefor every such order shall come into operation upon the publication thereof in the Gazette, or at such time thereafter as shall be in such order provided, and shall have the like force and effect for all purposes as if the same had been made by Ordinance, subject to disallowance by Her Majesty. Towns Police and Public Health Ordi to Lagos. ORDERS and RULES under Ordinance No. 10 of 1878. 13th day of January, 1879.* Whereas by the "Towns Police and Public Health Ordinance,' it was, amongst other things, enacted that it shall be lawful for nance applied the Governor by proclamation made by and with the consent of the Legislative Council, to order at any time as he may think desirable, that the said Ordinance as respects the whole or one or any more of its provisions, should, from a date mentioned in such proclamation, apply to any town or place or part thereof, within the Colony of Lagos, or within the protected territories; And whereas it has seemed desirable that the said Ordinance should apply to the town of Lagos: Now, therefore, His Excellency, by and with the consent of the Legislative Council, and in the exercise of the power in that behalf Suspended as to ss. 44 to 53. See Ord. No. 5 of 1899, s. 55. in the said Ordinance contained, doth by this present proclamation order and direct that the said Ordinance as respects the whole of its provisions shall from the first day of February, one thousand eight hundred and seventy-nine, apply to and be deemed to apply to the town of Lagos. 5th day of November, 1880. Health Ordi Whereas by the "Towns Police and Public Health Ordinance," Towns Police it was amongst other things enacted, that it shall be lawful for the and Public Governor by proclamation made by and with the consent of the nance applied Legislative Council, to order at any time as he may think desirable, to Eastern that the said Ordinance as respects the whole or any one or more of its provisions, should, from a date mentioned in such proclamation, apply to any town or place or part thereof, within the Colony of Lagos, or within the protected territories; ; And whereas it has seemed desirable that the said Ordinance should apply to the Eastern and Western Districts of the said Colony; and Western Districts. Now, therefore, His Excellency, by and with the consent of the Legislative Council, and in exercise of the power in that behalf in the said Ordinance contained, doth by this present proclamation order and direct that the said Ordinance as respects the whole of its provisions shall, from the first day of December, one thousand Date. eight hundred and eighty, apply to and be deemed to apply to the Eastern and Western Districts of the aforesaid Colony of Lagos. 2nd day of December, 1882. 1. The public slaughter house provided for the town and Island Slaughter of Lagos, situated at Itolo, Offin, Lagos, shall be open for the House Rules. slaughter of animals, and the dressing of carcases for the food of man, every day in the year between the hours of 3 a.m. and 7 a.m., and at no other time. 2. No person shall be permitted to make use of the said slaughter house for the above recited purposes until he has paid the following charge or charges: (a) For each ox, heifer, bull, cow, horse, ass or mule, the sum of one shilling; (b) For each pig or sheep, the sum of sixpence; (c) For each goat, the sum of threepence. 3. The said charges shall be paid to the person appointed by the Governor to receive them. 4. The Health Officer or Inspector of Nuisances shall have power to direct the manner in which an animal shall be slaughtered so as to prevent any unnecessary cruelty, and any such directions Cleaning of roadways. shall be obeyed by any person using the slaughter house as aforesaid. 5. Every person who shall make use of the said slaughter house shall keep the same in a perfectly clean state, and shall, before leaving, brush, sweep, and clean away all dirt, offal, filth, and rubbish from such slaughter house, and thoroughly wash, cleanse, and wipe dry the same, so that no blood, water, or dirt shall be left or seen therein, and all such dirt, offal, filth, rubbish, and sweepings shall by such person immediately thereupon be conveyed to and deposited in such place as may be selected and appointed by the Health Officer or Inspector of Nuisances. 6. Every person who makes default in complying with any of the foregoing Rules, or wilfully obstructs any person acting in the execution thereof, shall be liable to a penalty 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. 7. Any complaint or information founded upon a breach of any of the foregoing Rules shall be made or laid within two months from the time when the matter of such complaint or information arose and not afterwards, and such complaint or information may be made or laid by the Health Officer or Inspector of Nuisances, or such other person as the Governor shall for that purpose appoint. 8. All penalties, costs, and expenses for the breach of any of the foregoing Rules shall be recoverable according to the provisions of the Towns Police and Public Health Ordinance, 1878." 66 3rd day of April, 1883. Whereas by the "Towns Police and Public Health Ordinance, 1878," it is enacted that the Governor in Council may make Rules imposing on the occupiers of any premises the cleansing of footways and roadways adjoining such premises; Now, the Governor, by and with the advice of the Executive Council, and in accordance with the provisions of the said recited Ordinance, doth order, and it is hereby ordered as follows: 1. Every owner or occupier of any land, house, yard, store, shop, shed, stable, cowhouse, or other building, and every owner of any parcel of land whereupon no building is erected, or where the building thereon is unoccupied, shall clear and keep free from all dirt, underbush, underwood, weeds, high grass, filth or rubbish, rags, broken bottles, refuse of any description, or any offensive matter (filling up all holes with stones, gravel, or other like materials), the streets or roads at the front, back, or either side thereof, with the drains, gutters, or channels thereon; Provided always, that when there shall be two lots of land contiguous to any road, street, drain, gutter, or channel, and facing each other, the occupiers of such lots or portions of lots shall be responsible for keeping clean and in order as above provided for only half of the street or the road and the drain, gutter, or channel, nearest to his or her lot. This Rule shall apply to those places in which the "Towns Police Application and Public Health Ordinance" is in force. 26th day of April, 1888. of rule. Whereas it is expedient that for better carrying into effect the Town of purposes of the Towns Police and Public Health Ordinance, 1878, Lagos divided the capital town of Lagos should be divided into the Districts into Districts. hereinafter mentioned; Now I, Cornelius Alfred Moloney, Governor and Commander-inChief of the Colony of Lagos, under and by virtue of the powers vested in me in that behalf, and with the approval, signified by resolution, of the Legislative Council of the said Colony, do hereby order that, for the purposes of the Towns Police and Public Health Ordinance, 1878, the capital town of Lagos shall, subject to the provisions of the said Ordinance and the Rules under the said Ordinance from time to time made and now in force, from the publication hereof be divided into and be deemed to consist of the following four Districts, viz. : CENTRAL STATION. DISTRICT A. BEATS A, B, C, D, E, F, G, H, I, J, K. That portion of the capital town of Lagos which is bounded on the DISTRICT B. OLOWOG BOWO STATION. BEATS A, B, C, D, E, F, G, H, I. That portion of the capital town of Lagos, which is bounded on the North by Alakoro and the Lagoon round Itolo Peninsula, on the South by the Lagoon from Martin Street, to the Lagos Warehouse Company, on the East by Martin Street, and on the West by the Lagoon. That portion of the capital town of Lagos, which is bounded on the L. D D |