the-ordinances-of-the-legislative-counci-1890 — Page 390

354 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 ;

Injury to 1. The felling, cutting, destroying or injuring of any standing
trees, shrubs,
turf, or fen or growing tree, shrub, or underwood , any grass - sod or
ces.
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 ) ;
Injury or ob 2. The doing any act whereby injury or obstruction , whether
struction to
ways , sea directly or consequentially, may accrue to a public road ,
shore, naviga
tion, &c. 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 ;
Trespass on 3. The trespassing, by man or beast, upon or in any messuage,
public lands,
&c. tenement, cemetery, or land being vested in or under the

control or management of any public officer, or depart
ment whatsoever ; and
Indecency. 4. The obeying the calls of nature on any way or in any public
exposed or other improper place , to the annoyance of others .
Whipping may 7. It shall be lawful for the Court or Justices before whom any person shall be
be substituted
in the case of found guilty of any offence against division 1 or division 4 of section 6 of this Ordinance,
offences against
section 6 divi to order him, in lieu of all other punishment, to be once or twice publicly whipped, yet
sions 1 and 4.
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 [ Repealed by Ordinance No. 3 of 1881. ]
Extension of 8. Upon proof made to the satisfaction of the Court or Justices
penalties to
accessories. 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.
Incorporation 9. This Ordinance shall be read together with the Ordinances enu
with former
ordinances. merated in section 1 , and shall be incorporated therewith .