708047-1869-GOVERNMENT-NOTIFICATION — Page 6

THE HONGKONG GOVERNMENT GAZETTE, 18TH SEPTEMBER, 1869.

visions any Contracts heretofore made for Works and in Force at contrary to the Passing of this Ordinance, unless the same have heretofore thisOrdinance, received the Sanction of the Surveyor General.

void.

XXXIV. No Remedies for Breaches of Contract committed by Saving of Crown Lessees or others now vested in the Crown or its Officers Crown shall be prejudiced by this Ordinance.

Remedies.

Place and

XXXV. It shall not be lawful to construct, reconstruct, or (if Every House now in the Course of Construction or Reconstruction) to complete to have a any House without a sufficient and safe Place for lighting of Fires Cooking and cooking of Food, and any Person offending against this Sec- Ashpit. tion shall for every such Offence forfeit and pay to the Crown a Penalty. Penalty not exceeding Fifty Dollars.

of Cook-

XXXVI. All Cook-houses shall be paved with Stone, Bricks, As to Tiles or Chunam on Ground Floors and Two Courses of Square Construction Tiles or Bricks on Upper Floors and shall be provided with pro-houses. perly constructed Brick Fire Places with Smoke Flues carried up above the Roof.

require the

Deficiencies in

XXXVII. The Surveyor General shall in Case any House The Surveyor whether now existing or hereafter to be constructed or recon- General shall structed shall not be provided or shall be imperfectly provided owner or with any of the Works in the last Two immediately preceding Occupier of Sections specified, or with One or more proper Drain or Drains to any House to the said House of at least Six Inches in Diameter, give written make good all Notice of every shel Deficiency to the Owner or Occupier of the Works of that said House, thereby requiring him to provide for and make good kind and cause the said Deficiency forthwith or within some specified and rea- them to be sonable Term to the Satisfaction of the Surveyor General: and made good. in Case the said Owner or Occupier shall not obey or comply with the said Requirement, the said Surveyor General shall cause the said Works to be executed, and may recover the Charges and Expenses thereof together with his Costs of Procedure by sum- mary Application to a Stipendiary Magistrate, or any Two Jus- tices, who shall, in Case of Default in Payment thereof, levy the Amount so recovered by Warrant of Distress, and Sale upon the Goods and Chattels of such Owner or Occupier, without Prejudice to the Right of either Party to recover over, retain, or deduct against the other the Amount so paid or recovered.

XXXVIII. Every Work whatsoever hereafter to be com- Works menced, resumed, prosecuted, or finished in Contravention of contravening this Ordinance shall be deemed a Nuisance.

this Ordinance. to be deemed a Nuisance.

XXXIX. Every Building, or Part of a Building, being in a Ruinous ruinous or dangerous Condition, shall be deemed a Nuisance.

Buildings to be deemed Nuisances.

XL. All Earthworks, Masonry Works, Brickworks or other As to Works whatsoever being in a ruinous or dangerous Condition Earthworks, shall be deemed a Nuisance.

&c.

XLI. Every Building erected or to be hereafter erected of any Buildings inflammable Material, in such Wise as to endanger any neigh erected of bouring Building, shall be deemed a Nuisance.

inflammable Materials to be deerned Nuisances,

XLII. Every Deposit or Accumulation of decaying, noisome, Deposits or noxious, or offensive Matter, in, on, or under any Tenement, Accumula- Crown Land, or in any Way, Water, Drain, or Sewer, whereby tious of the Health of the Inhabitants may be endangered, shall be decaying

deemed a Nuisance.

Matter, &c., to be deemed Nuisances. Projections

XLIII. Every unauthorized Projection from or over any Build- ing which shall cause Annoyance or Obstruction to any Way or from Buildings to the Passengers thereon, and every unauthorized Encroachment to be deemed on, over, or under any Way or any Crown Land shall be deemed Nuisances, a Nuisance.

XLIV. The Dressing of Stone required in the Erection of As to Dressing Buildings, within the Districts of Victoria except so far as is of Stone for necessary, shall be deemed a Nuisance. The Surveyor General Buildings. shall in each Case determine how far it is necessary that the Stone should be dressed on the Spot.

Nuisance.

XLV. The Surveyor General shall summon every Person guilty Summary of any of the Nuisances hereinbefore enumerated before a Stipen- Proceeding in diary Magistrate, or any Two Justices of the Peace who shall Cases of thereupon proceed in a summary Way to enquire into and adju- dicate 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

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