430
Effect of
46
-
(d) that the premises are unfit, and not reasonably capable of being made fit, for human habitation.
(3) If the said arbitrators or umpire are satisfied by such evidence such evidence then the compensation shall—
on com-
pensation,
Vacancies
among arbitrators.
Contraven tions.
Penalty for building nuisance.
Penalty for refusing to obey magis
trate's order or for
obstructing Building Authority.
Penalty for other contra-
ventions.
Liability of secretary or manager of company,
(a) in cases (a) and (b), so far as it is based on rental, be based on the rental which would have been obtainable if the premises had not been occupied either as a brothel, or as a gaming house or for any illegal purpose, or had not been illegally crowded; and
over-
amount
of
on the (b) in case (c), be based
estimated as the value of the premises if the nuisance had been abated or if they had been put into reasonably good repair, after deducting the estimated expense abating the nuisance, or of putting them into such repair, as the case may be; and (c) in case (d), be based on the value of the land, and of the materials of the buildings thereon.
a
156. During the pendency of any proceedings before the arbitrators, if either of them shall from any cause be unable to act, his place, if he is person appointed by the Governor, shall be filled by some other person so appointed, and if he is a person appointed by a claimant, shall be filled by some other person so appointed.
Contraventions and Penalties.
or
this
omission 157. Every act, failure, neglect, whereby any requirement or provision of Ordinance is contravened, and every refusal to comply with any of such requirements or provisions, shall be deemned & contravention of this Ordinance.
38
158. Every person who architect, engineer, clerk of works, contractor, foreman, or workman is responsible, either alone or jointly with others, for the existence of any nuisance as defined by this Ordinance, and also the owner occupier or tenant of any building or works on which any such nuisance exists shall upon summary conviction be liable to a fine not exceeding five hundred dollars, and to a further fine not exceeding twenty dollars for every day that the nuisance remains unabated.
159. Every person who refuses to obey the order of any magistrate made under the provisions of this Ordinance, or who, without reasonable excuse, refuses to permit the Building Authority, or any officer deputed by such Authority, to enter or inspect any building or works in the performance of his duties under this Ordinance, and every person who obstructs or hinders the Building Authority, or such officer as aforesaid, in the execution of the powers vested in him by this Ordinance or by any order of a magistrate, shall upon summary conviction liable to a fine not exceeding five hundred dollars.
be
160. Every person who contravenes any of the provisions of this Ordinance in respect of which con- travention no special penalty is otherwise provided shall upon summary conviction be liable to a fine not exceeding one hundred dollars.
161. Where a contravention of any of the pro- visions of this Ordinance is Comunitted by any company, corporation or firm, the secretary, manager or any partner thereof may be summoned and shall be held liable for such contravention and the consequences thereof.
47
162. Where proceedings under this Ordinance are Proceedings competent against several persons in respect of the against joint act or default of such persons,
it shall be several sufficient to proceed against one or more of them without proceeding against the others.
case
Special powers of magistrate,
persons.
to order
removal of
163. It shall be lawful for a magistrate in any Power of
in which it is proved to his satisfaction magistrate that any cockloft, partition, or shop-division is not in accordance with the provisions of this illegal Ordinance, to order either in addition to or in structures. substitution for any penalty specified in this Ordin- ance, the immediate demolition, removal, and des- truction thereof or of any portion thereof by any officer deputed by the Building Authority and no compensation shall be payable to any person in respect of any damage done thereto by such demoli- tion, removal, and destruction.
164. (1) If admission to premises for any of the Power of purposes of this Ordinance is refused, any magistrate to authorise
magistrate on complaint thereof on oath by any officer authorised officer to by this Ordinance to enter and inspect premises enter and (made after reasonable notice in writing of the inspect intention to make the same has been given to the premises. person having custody of the premises, if such person there be) may, by erder under his band, the require the person having the custody of premises to admit any officer entitled under this Ordinance to inspect the same into the premises during the hours prescribed by this Ordinance, and if no such person can be found the magistrate shall, on oath before him of that fact, by order under his hand, authorise any such officer to enter the premises during the prescribed hours.
(2) After a magistrate's order has been obtained under this section, any officer authorised to inspect premises under this Ordinance may, if necessary, break into the premises named in the order.
(3) Any order made by a magistrate under this section shall continue in force until the nuisance bas been abated or the work for which the entry was uocessary has been done.
Authority
165. Every application for modification of or Power of exemption from any of the provisions of sections Building 70, 73, 82, 85, 86, 95 and 121. which the Governor in to grant Council is by any of such sections empowered to modification grant, shall be made to the Building Authority in the or exemption first instance, and may be granted by him either in certain wholly or in part and with or without conditions; and cases.
as
a certificate under the hand of the Building Authority to the effect that any such modification or exemption has been granted by him shall be valid and effectual for all purposes as if such modification or exemption had been granted by the Governor in Council.
to
Appeal to the Governor in Council.
166. Whenever any person is dissatisfied with the Appeal to exercise of the discretion of any person
whom Governor in discretionary power is given under this Ordinance Council against respect of any act, matter, or thing, which is by this decision of Ordinance made subject to the exercise of the any person discretion of such authority, or with any action or entrusted decision of any such person either as to the carrying with powers out of or the meaning of any of the provisions of this Ordinance. Ordinance, or whenever any of the provisions of this Ordinance are, owing to special conditions, undesir able, the person so dissatisfied may, unless proceed- ings have already been taken before a magistrate in
under this
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