CO129-448 - Governor Sir May - 1918 [4-6] — Page 494

C

24.

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av.25.26

Lof Paw. 25

491

Section 17 raises the penalty for unlawful possession to $250 or three months imprisonment with or without hard labour.

25. Section 19 makes the occupier of any premises on or from which any offence under section 3(1) or section 13 of the principal Ordi- nance is committed liable to the same penalty as the actual offender. The offences chiefly concerned are the throwing of rubbish and other offensive matter from houses into the public street, or on to Govern- ment or private property, and themaking of noises at night. In such

cases it is practically impossible to discover the actual offender un- less the occupier is prepared to give him up. On the other hand, it is probably easy in most cases for the occupier to ascertain who was the actual culprit, and in many cases the culprit is under the control

of the occupier. It seems therefore to be a case in which the

Occupier may fairly be made liable.

26.

Section 20 makes contractors liable for the acts of their em-

ployees in the three following cases; -

(a) allowing materials to fall from buildings to the danger

of the public;

(b) opening trenches in the street without authority, or

failing to fence and light such trenches;

As

(c) depositing material on Crown land without a permit.

As regards (a) above, it is possible in nearly all cases for the con-

tractor to make such provision by way of screens, etc.. a to obviate

the possibility of materials falling on to the public street.

regarde the first part of (b), it is most unlikely that the workmen

would open a roadway except under the express instructions of the

contractor employing him,

As regards (o) it is the duty of the

contractor to make arrangements for the disposal of building rubbish,

etc., and if he fails to do so and permits his coolies to dispose of

it as they think fit, he cannot well complain if he is held responsible.