Auckland Provincial Gazette – 1858 – No. 9

Page 41

✨ Legal ordinance text



41

of hogs or of any privy, stye, or receptacle for filth of any
kind or otherwise howsoever such nuisance shall arise.) And
also upon like complaint that any chimney within the said
limits is dangerous to neighbouring buildings (whether by
reason of its insufficient construction or elevation, or by want
of repair), it shall be lawful for the Resident Magistrate acting
within the district, or for two Justices of the Peace, to issue a
notice requiring the occupier, or if there shall be no occupier
then requiring the owner of the land, or property on which
such nuisance or defective chimney shall exist to abate such
nuisance, or to alter, raise, or repair such chimney, (as the case
may require) within a reasonable time to be specified in such
notice. And the said Resident Magistrate or Justices shall
cause every such notice to be forthwith served on such occupier
or owner, or to be affixed in some conspicuous situation on such
property; and in case and so often as such occupier or owner
shall disobey any such notice he shall for every such offence
forfeit and pay a sum not less than two pounds nor exceeding
ten pounds.

  1. For the purpose of ascertaining the existence of any
    such nuisance or the state of any such chimney, it shall be
    lawful for the said Resident Magistrate or Justices, or either of
    them, to inspect the property whereon the same shall be alleged
    to exist or to cause such inspection to be made by any Officer
    or Constable of the Armed Police Force.

  2. Every person who shall commit any of the offences next
    hereinafter specified, shall, for every such offence, forfeit and
    pay a sum not exceeding twenty pounds. That is to say,

  3. Every person who shall wilfully destroy or damage any
    public building, erection, bridge, fence, post, gate,
    bench, sewer, culvert, watercourse, road, footway, or
    other public work.

  4. Every person who shall remove, without due authority,
    any soil, stone, or other material used in the formation
    of any road or footway.

  5. Every person who shall dig or excavate, without due au-
    thority, upon or beneath the surface of any road or
    footway.

  6. Every person who shall without due authority, encroach
    upon the limits of any road, street, or public tho-
    roughfare.

  7. Every person who shall wilfully and wantonly remove
    any survey mark set up by any Government Surveyor
    or other public authority.

  8. Nothing in this Act shall be construed to take away or
    repeal any liability or penalty which at Common Law, or by
    virtue of any Statute, Ordinance, or Act, in force within the
    Province, shall attach to or be incurred in respect of any such
    offence as aforesaid.



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PDF — PDF Auckland Provincial Gazette 1858, No 9




✨ LLM interpretation of page content

⚖️ Persons failing to abate nuisances or repair chimneys after notice, liable to fine (continued from previous page)

⚖️ Justice & Law Enforcement
Nuisance, Chimney repair, Resident Magistrate, Justices of the Peace, Penalties, Armed Police Force, Public property damage, Survey marks