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the appeal and that the appeal was not brought merely for the purpose of delay, and, if the appeal is dismissed, the count heating the appeal may itself impose such fine as if it were a court before which proceedings could be taken for the recovery of such fine;
(b) in the event of an appeal against a nuisance order which
requires the execution of structural work, no work shall, save | as hereinafter mentioned, be done under the order until after the determination or abandonment of the appeal:
Provided that, if the court by which the order was made is of opinion that the continuance of the nuisance to which it relates will be injurious or dangerous to bealth and that the immediate abatement thereof will not cause any injury which cannot be compensated by damages, the court may, notwith- standing that the appeal is pending, authorize the Authority immediately to abale the nuisance, so, however, that—
() if the appeal is allowed, the Authority shall pay to the person against whom the order was made the amount of any damage sustained by him by reason of the abatement of the nuisance by the Authority: and
() if the appeal is dismissed or abandoned, the Authority may recover from the said person the expenses incurred by it in abating the nuisance.
(9) Any matter or thing removed by the Authority in abating, or doing what is necessary to prevent the recurrence of, a nuisance to which this section applies may be sold by public auction, or, if the Authority thinks the circumstances of the case require it, may be other wise sold, or may be disposed of without sale.
The money arising from the sale of any matter or thing under this subsection may be retained by the Authority and applied in payment of the expenses incurred by it in connexion with the nuisance and the surplus (if any) shall be paid, on demand, to the owner of the matter or thing.
Pawer to
128. (1) Save as otherwise expressly provided, where, under the close premises
provisions of this Ordinance, the use of any premises or vessel requires used in contravention to be registered, licensed or permitted, the court, on application being of provisions made by the public officer or public body by whom or by which the of Ordinance. use of the same is required to be registered, licensed or permitted and on proof that such premises or vessel are or is used without registration. licence or permit or, being registered, Licensed or permitted, are or is used in contravention of any suspension thereof or in contravention of any of the provisions of this Ordinance, shall make an order closing such premises or vessel, either wholly or in part, or prohibiting the use thereof for all or any purposes:
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Provided that, where the premises or vessel are or is used for the purpose of human habitation, no such order shall be made so as to prevent such habitation by reason only of the user being without registra- tion, licence or permit or in contravention of any of the requirements thereof or any suspension thereof.
(2) Any order made under the provisions of subsection (1) shall remain in force in respect of such premises or vessel until, on application by such public officer or public body or by any person having an interest in such premises or vessel, the court is satisfied that either the use of such premises or vessel has been registered, licensed or permitted or such suspension has been cancelled or the provisions of this Ordin- ance have been complied with, as the case may be, or that such premises or vessel will be used in future for some other purpose.
(3) Any person who contravenes any order of the court made under the provisions of subsection (1) shall be guilty of an offence.
129. Save as otherwise expressly provided by this or some other Authority enactment, where it appears to any public officer or public body who may render
Services, etc. or which is an Authority for the purposes of any of the provisions of
on request. this Ordinance expedient for carrying out the purposes of this Ordinance, such public officer or public body may in his or its discretion and at the toquest of any person, undertake on behalf of such person any work or render any service, and may recover the cost thereof from such person in the manner provided by section 130.
dane or
130. (1) In any case where under the provisions of this Ordinance Recovery of any public officer or public body is entitled to recover the cost of any cost of works works done or any fee or any charge for any service rendered, such services officer or body may certify the sum which is due and the names of the rendered by persons liable therefor, and may by such certificate apportion such sun between such persons:
Provided that, where the public body is the Urban Council, such sertificate shall be signed by the Director of Urban Services or a public officer duly authorized by him in that behalf.
(2) In the case of any works done or services rendered, such Sam may include—
(a) the cost of labour, transport or materials supplied by or at the request of such public officer or public body for the purpose of carrying out such works or rendering such services; and (b) supervision and departmental charges.
(3) A copy of any such certificate shall be served upon each person named therein.
(4) Where the payment of any sum claimed is in default, such public officer or public body, and, where the public body is the Urban
public officers or public
bodies