Police Act for Hawke’s Bay Province




105

Every person discharging fire-arms in or across public streets, or in or across any public thoroughfare, without permission from the Superintendent and under such regulations as he shall see fit.

Every person who shall neglect to keep clean the chimney of any house or other building occupied by him, and situated within the limits of the Town of Napier.

II. Every person who shall commit any or either of the offences next herein-after specified shall for every such offence forfeit and pay any sum not exceeding Ten pounds : That is to say—

Every person who shall wilfully fire the bush, fern, scrub, flax, grass, or other vegetation, so as to endanger any property, on any land within the limits of the Town of Napier.

III. Upon complaint by the Police or any other person showing cause of complaint, of the existence of any common nuisance within the limits of the Town of Napier (whether by the exercise of any noisome or unwholesome trade, or by the keeping of any 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 the 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 any 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 Ten shillings nor exceeding Ten pounds.

IV. 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, wherever the same shall be alleged to exist, to cause such inspection to be made by any officer or constable of the Police Force.

V. Every person who shall commit any of the offences next hereinafter specified, shall for every such offence forfeit and pay a sum not less than Five pounds nor exceeding Twenty-five pounds.

Every person who shall wilfully destroy or damage any public building, erection, bridge, fence, port gate, bench, sewer, culvert, water-course, road, footway, or other public work.

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

Every person who shall dig or excavate, without due authority, upon or beneath the surface of any road or footway.

Every person who shall without due authority, encroach upon the limits of any road, street or public thoroughfare.

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

VI. 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.

VII. All complaints and information under this Act shall be made and lodged by any officer or constable of the Police Force, or by any other person showing cause of complaint.

VIII. All penalties imposed by this Act shall be recoverable in a summary way, pursuant to the ordinances of the Colony for the regulation of summary proceedings before Justices of the Peace.

IX. This Act shall come into operation within one month from the publication thereof in the Provincial Government Gazette.

X. This Act may be cited and referred to as the "Hawke’s Bay Police Act."



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Online Sources for this page:

VUW Te Waharoa PDF Hawke's Bay Provincial Gazette 1864, No 26





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⚖️ Police Act for Hawke’s Bay Province (continued from previous page)

⚖️ Justice & Law Enforcement
Police, Legislation, Offences, Penalties, Hawke’s Bay, Public Nuisances, Summary Proceedings