the-ordinances-of-the-legislative-counci-1890v2 — Page 393

PUBLIC IIEALTH . [ 24 of 1887. ] 983

recur on the same premises, the board shall cause a complaint
relating to the non -compliance with the said notice, or to such
nuisance, to be made before a Magistrate ; and such Magistrate
shall, thereupon, issue a sumnons, requiring the person on
whom the notice was served to appear before him .
22. If the Magistrate is satisfied that the requirement ofthe Power of Ma
board is legal, or that the alleged nuisance exists, or that, make order
although the said nuisance is abated , it is likely to recur on the dealing
nuisance.with
same premises, the Magistrate shall make an order on such [ Ibid .
person , requiring him to comply with all , or any, of the requisi- sec. 96.)
tions of the notice, or otherwise to abate the nuisance, within a
time specified in the order, and to do any works necessary for
that purpose; or an order prohibiting the recurrence of the
nuisance, and directing the execution of the works necessary to
prevent the recurrence ; or an order both requiring abatement
and prohibiting the recurrence of the nuisance .
The Magistrate may, by his order, impose a penalty not ex
ceeding twenty -five dollars, on the person on whom the order
is made, and shall also give directions as to the payment of all
costs incurred up to the time of the hearing or making the
order for obeying the requirements of the bye- law, for abate
ment or prohibition of the nuisance, as the case may be.
23. Where the nuisance proved to exist is such as to render Order of pro
a house or building, in the judgment of the Magistrate, unfit hibition and
for human habitation, the Magistrate may prohibit the using house unfitfor
human habi
thereof for that purpose, until, in his judgment, the house or tation .
building is rendered fit for that purpose; and, on the Magis- [97.Ibid.
)
sec.
trate being satisfied that it has been rendered fit for that pur
pose, he may determine his previous order by another, declaring
the house or building habitable, and , from the date thereof, such
house, or building may be let or inhabited.
24. Any person not obeying an order to comply. with the Penalty for
requisitions of the board , and failing to satisfy the Magistrate contravention
that he has used all due diligence to carry out such ordler, shall Magistrate.
be liable to a penalty not exceeding ten dollars per day, during
his default; and any person knowingly and wilfully acting
contrary to an order of prohibition, shall be liable to a penalty
not exceeding twenty -five dollars per day, during such con
trary action ; moreover, the Board may enter the premises to
which any order relates, and abate the nuisance, and do what
ever may be necessary in execution of such order, and recover,
in a surnmary manner, the expenses incurred by them from the
person on whom the order is made.
25. Any member, or officer of the board duly authorised by Seizure of
the said board in writing, may, at any time between the hours unwholesome
food .