BUILDINGS . [ 15 of 1889. ] 1139
Abatement of nuisances.
78. In every case of a nuisance under this ordinance, the Notice of of
Surveyor General shall in the first instance serve a notice in the existence
nuisance.
form contained in schedule E, to this ordinance on the owner
of the building or work in respect of which complaint is made
and such notice shall specify the nature of the nuisance and the
manner and the time in which it is to be abated, and in the case
of refusal or neglect to comply with the requirements of such
notice, the Surveyor General shall summons such owner before a
Magistrate, who may make an order directing such owner,
whether he appear or not to the summons, to abate such nui
sance within a time to be fixed by such Magistrate.
79. In case the said nuisance shall not be abated within the Magistrate's
order to abate
time limited it shall be lawful for a Magistrate, to make an nuisance.
order empowering the Surveyor General to abate the nuisance ;
and all expenses incurred by the Surveyor General in causing
such nuisance to be abated as aforesaid , shall be paid by the
owner without prejudice ( in the case of ruinous or dangerous
buildinys) to the right of such owner to recover the amount
of such expenses from any lessce or other person liable for the
same .
80. Whenever the demolition of any building or work shall Recovery of
take place under any such order as provided in the preceding spennenof
abatement of
section , it shall be lawful for the Surveyor General in case of nuisanceby
non -payment of the said expenses by the owner, to sell and materials.
sale of
dispose of the materials thereof, and out of the monies arising
from such sale or disposition , to retain or pay the said expenses ;
and the surplus, if any, shall be paid to such owner .
81. It shall be lawful for a Magistrate to order such owner Distress in
to pay all expenses incurred by the Surveyor General in the paym case ent
of non
of
abating of any nuisance in the manner aforesaid , and in case of expenses .
non -payment, by warrant under his hand and seal , to cause the
same to be levied by distress and sale of the goods and chattels
of such owner .
Existing
82. Nothing herein contained shall affect any other existing remedy not
remedy for the abatement of nuisances. affected.
Service of Notices, Summons, or Orders.
83. Àny notice, summons, or order, under the provisions Service of
hereinbefore contained as to nuisances, may be served on the notice, &c.
owner of any premises, by leaving the same with any occupier
of such premises, or with some inmate of his abode, or if there
is no occupier, by putting up such notice, summons, or order
on a conspicuous part of the premises to which the samne relates.
But if the place of residence within the Colony, of the owner, or