354
Injury to trees, shrubs, turf, or fences.
Injury or obstruction to ways, seashore, navigation, &c.
Trespass on public lands, &c.
Indecency.
Whipping may be substituted in the case of offences against section 6 divisions 1 and 4.
Extension of penalties to accessories.
Incorporation with former ordinances.
ORDINANCE No. 12 of 1856.
Chinese Burials and Nuisances.
or Justices before whom any person shall be found guilty of any such offence, in lieu of all other punishment for the same, shall order him for every such offence to pay a penalty not exceeding one hundred dollars nor less than one dollar, that is to say;
1. The felling, cutting, destroying or injuring of any standing or growing tree, shrub, or underwood, any grass-sod or turf, or any fence or portion thereof (except in cases where any such offence shall be proved to have been committed with a felonious intention);
2. The doing any act whereby injury or obstruction, whether directly or consequentially, may accrue to a public road, path, or walk, or to the shore of the sea, or to navigation, mooring, or anchorage, transit or traffic, or whereby any other nuisance within the meaning of Ordinance No. 8 of 1856, sections 14, 15, and 16, whether directly or consequentially, may happen;
3. The trespassing, by man or beast, upon or in any messuage, tenement, cemetery, or land being vested in or under the control or management of any public officer, or department whatsoever; and
4. The obeying the calls of nature on any way or in any public exposed or other improper place, to the annoyance of others.
7. It shall be lawful for the Court or Justices before whom any person shall be found guilty of any offence against division 1 or division 4 of section 6 of this Ordinance, to order him, in lieu of all other punishment, to be once or twice publicly whipped, yet so as that no offender shall receive in all for any one such offence more than fifty blows nor less than five. [Repealed by Ordinance No. 3 of 1881.]
8. Upon proof made to the satisfaction of the Court or Justices that a person accused of any nuisance or offence under this Ordinance, or any of the said enumerated Ordinances, is in fact guilty of having procured, permitted, connived at, or continued any such nuisance or offence, or of having neglected or refused to perform any duty cast upon him by law for the prevention or repression of the same, the said Court or Justices shall find the said person guilty of the said nuisance or offence, and shall award against him the penalty or other punishment to which persons guilty of the said nuisance or offence are or shall be liable.
9. This Ordinance shall be read together with the Ordinances enumerated in section 1, and shall be incorporated therewith.
354
Injury to trees, shrubs, turf, or fen-
ces.
Injury or ob- struction to
ways, sea-
shore, naviga tion, &c.
Trespass on public lands, &c.
Indecency.
Whipping may be substituted in the case of
offences against section 6 älvi-
sions 1 and 4.
Extension of penalties to accessories.
Incorporation with former ordinances.
ORDINANCE No. 12 of 1856.
Chinese Burials and Nuisances.
or Justices before whom any person shall be found guilty of any such offence, in lieu of all other punishment for the same, shall order him for every such offence to pay a penalty not exceeding one hundred dollars nor less than one dollar, that is to say;
1. The felling, cutting, destroying or injuring of any standing or growing tree, shrub, or underwood, any grass-sod or turf, or any fence or portion thereof (except in cases where any such offence shall be proved to have been com mitted with a felonious intention);
2. The doing any act whereby injury or obstruction, whether directly or consequentially, may accrue to a public road, path, or walk, or to the shore of the sea, or to navigation, mooring, or anchorage, transit or traffic, or whereby any other nuisance within the meaning of Ordinance No. 8 of 1856, sections 14, 15, and 16, whether directly or conse- quentially, may happen;
3. The trespassing, by man or beast, upon or in any messuage, tenement, cemetery, or land being vested in or under the control or management of any public officer, or depart ment whatsoever; and
4. The obeying the calls of nature on any way or in any public exposed or other improper place, to the annoyance of others.
7. It shall be lawful for the Court or Justices before whom any person shall bè found guilty of any offence against division 1 or division 4 of section 6 of this Ordinance, to order him, in lieu of all other punishment, to be once or twice publicly whipped, yet so as that no offender shall receive in all for any one such offence more than fifty blows nor less than five. [Repealed by Ordinance No. 3 of 1881.]
8. Upon proof made to the satisfaction of the Court or Justices that a person accused of any nuisance or offence under this Ordinance, or any of the said enumerated Ordinances, is in fact guilty of having pro- cured, permitted, connived at, or continued any such nuisance or offence, or of having neglected or refused to perform any duty cast upon him by law for the prevention or repression of the same, the said Court or Jus- tices shall find the said person guilty of the said nuisance or offence, and shall award against him the penalty or other punishment to which per- sons guilty of the said nuisance or offence are or shall be liable.
9. This Ordinance shall be read together with the Ordinances enu- merated in section 1, and shall be incorporated therewith.
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