the-ordinances-of-the-legislative-counci-1890 — Page 383

ORDINANCE No. 8 OF 1856. 347


Buildings and Nuisances.


conveniencies for the temporary reception and collection of sewage, dung, soil, filth,
dust, ashes, and rubbish, yet so as not to occasion annoyance or nuisance ; And all
such matters so received or collected therein shall be vested in and may be disposed of
at the discretion of and by the Surveyor General ; And all the proceeds (if any) of
such as shall in any wise be so disposed of shall be paid into the Colonial Treasury on
account of the Crown.

11. Every work whatsoever hereafter to be commenced, resumed, prosecuted, or Works contra
vening this
finished in contravention of this Ordinance shall be deemed a nuisance. Ordinance to be
deemed a
nuisance.
12. Every building, or part of a building, being in a ruinous or dangerous Ruinous build
ings to be
condition, shall be deemed a nuisance. deemed nuis
ances.
13. Every building erected or to be hereafter erected of any inflammable material, Buildings erected
of inflammable
materials to be
in such wise as to endanger any neighbouring building, shall be deemed a nuisance. deemed nuis
ances.
14. Every deposit or accumulation of decaying, noisome, noxious , or offensive Deposits or accu
mulations of
matter, in, on, or under any tenement, Crown land, or way, or water, or drain or sewer, decaying matter,
&c., tobe deemed
nuisances.
whereby the health of the Queen's subjects may be endangered, shall be deemed a
nuisance.

15. Every projection from or over any building which shall cause annoyance or Projections from
buildings to be
obstruction to any way or to the passengers thereon, and every encroachment on, over, deemed nuis
ances.
or under any way or any Crown land shall be deemed a nuisance.

16. Every work which would be deemed a nuisance in England if begun , con Nuisances by the
law of England
ducted, or completed there, shall within this Colony be deemed a nuisance. shall be deemed
nuisances here.
17. The Surveyor General shall summon every person guilty of any of the nuisances Summary pro
ceeding in cases
hereinbefore enumerated before a Stipendiary Magistrate, or any two Justices of the of nuisance.

Peace who shall thereupon proceed in a summary way to enquire into and adjudicate
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
noval ;
pay the charges and expenses of or incident to such abatement, demolition , or remo
And the said Magistrate, Justices, or Justice shall order and compel all persons who
shall have been found guilty of any such nuisance , after such adjudication as aforesaid ,
to satisfy all charges and expenses of or incident to the abatement, demolition, or
removal thereof, and for which no other or no sufficient satisfaction is hereby provided,
and shall thereupon, by warrant under his or their hand and seal, or hands and seals,
cause the same to be levied by distress and sale of the goods and chattels of the said
persons respectively in case of default in payment.

18. In the event of the insufficiency of any distress to be made under this Ordi House property
to be liable for
nance, the house of the defaulter shall be subject and liable to defray the deficiency ; and deficiency of
distress.
a Stipendiary Magistrate or Justice of the Peace upon the application of the Surveyor