ORDINANCE No. 8 of 1856.
Buildings and Nuisances.
conveniencies for the temporary reception and collection of sewage, dung, soil, filth, dust, ashes, and rubbish, yet so as not to occasion annoyance or nuisance; And all such matters so received or collected therein shall be vested in and may be disposed of at the discretion of and by the Surveyor General; And all the proceeds (if any) of such as shall in any wise be so disposed of shall be paid into the Colonial Treasury on account of the Crown.
11. Every work whatsoever hereafter to be commenced, resumed, prosecuted, or finished in contravention of this Ordinance shall be deemed a nuisance.
12. Every building, or part of a building, being in a ruinous or dangerous condition, shall be deemed a nuisance.
13. Every building erected or to be hereafter erected of any inflammable material, in such wise as to endanger any neighbouring building, shall be deemed a nuisance.
14. Every deposit or accumulation of decaying, noisome, noxious, or offensive matter, in, on, or under any tenement, Crown land, or way, or water, or drain or sewer, whereby the health of the Queen's subjects may be endangered, shall be deemed a nuisance.
15. Every projection from or over any building which shall cause annoyance or obstruction to any way or to the passengers thereon, and every encroachment on, over, or under any way or any Crown land shall be deemed a nuisance.
16. Every work which would be deemed a nuisance in England if begun, conducted, or completed there, shall within this Colony be deemed a nuisance.
17. The Surveyor General shall summon every person guilty of any of the nuisances hereinbefore enumerated before a Stipendiary Magistrate, or any two Justices of the Peace who shall thereupon proceed in a summary way to enquire into and adjudicate upon the premises after the manner of other summary proceedings before Justices of the Peace; And where he or they shall adjudicate any one person to have been guilty of any of the said nuisances, he or they or any other Justice of the Peace shall, upon the application of the Surveyor General, order him or any other proper officer to abate, demolish, or remove the said nuisance, and to sell and dispose of the materials thereof (if any) and out of the monies arising by such sale or disposition (if any) to retain or pay the charges and expenses of or incident to such abatement, demolition, or removal; And the said Magistrate, Justices, or Justice shall order and compel all persons who shall have been found guilty of any such nuisance, after such adjudication as aforesaid, to satisfy all charges and expenses of or incident to the abatement, demolition, or removal thereof, and for which no other or no sufficient satisfaction is hereby provided, and shall thereupon, by warrant under his or their hand and seal, or hands and seals, cause the same to be levied by distress and sale of the goods and chattels of the said persons respectively in case of default in payment.
18. In the event of the insufficiency of any distress to be made under this Ordinance, the house of the defaulter shall be subject and liable to defray the deficiency; and a Stipendiary Magistrate or Justice of the Peace upon the application of the Surveyor
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Works contravening this Ordinance to be deemed a nuisance.
Ruinous buildings to be deemed nuisances.
Buildings erected of inflammable materials to be deemed nuisances.
Deposits or accumulations of decaying matter, &c., to be deemed nuisances.
Projections from buildings to be deemed nuisances.
Nuisances by the law of England shall be deemed nuisances here.
Summary proceeding in cases of nuisance.
House property to be liable for deficiency of distress.