Page 44S

Penalties and Regulations

1. That any person or persons engaged in horse-racing, furious riding or driving, or who carelessly allow horses to stray unprotected through any of the surveyed streets or roads within the Municipality, shall be liable to a penalty not exceeding Five Pounds.

   Pack horses, after being loaded, not to remain in public streets and places.

2. As soon as the owner or driver of any pack-horses shall have completed the loading or unloading of his animals, he shall within a reasonable time remove the same from the public streets, and in no wise suffer said horses or animals to loiter about the streets or be fastened up therein, or be liable to a penalty not exceeding Five Pounds.

   Drays and wagons not to remain in public streets and places.

3. Any carter or bullock-driver having completed the loading or unloading of his dray, waggon, or bullock-dray, shall at once remove the same from the public streets, or be liable to a penalty not exceeding Five Pounds.

Bye-Law No. VI.

A Bye-law to Regulate the Driving of Horses and Horned Cattle through the Town of Naseby.

1. No loose horse or unyoked horned cattle, whether intended for sale or slaughter, or when passing from one part of the country to another, or for any other purpose whatsoever, shall be driven along, across, into, or through any terrace, square, street, lane, court, alley, or any inhabited portion of the town of Naseby, excepting between the hours of eight of the clock at night or nine of the clock in the morning: Provided that nothing herein contained shall be held to extend to any milch cow or to horned cattle in yoke, when going to or returning from depasturing or watering.

   If any cattle shall be found upon any land not being a common, and such that there is no fence, whether upon the same land or any other dividing such first-mentioned land from the streets, public or private, of the town, or any of them, without any person having charge of such cattle, the owner of such cattle shall forfeit a sum not exceeding twenty shillings for every head of such cattle, and the proper officer of the Council may seize such cattle and place the same at some neighbouring place of safe custody; and any Justice, if such owner be not known, upon proof of the issue of a summons in the usual form, addressed to such owner as “owner” only, without otherwise naming or describing him, such cattle and the place of seizure being truly described, and of the publication of such summons in some newspaper circulating in the town, may, after the expiration of twenty-four hours from such publication, proceed with respect to such owner appearing as if personal service of a summons, stating his name, had been effected, or if such owner appear, then as in other cases and the Justice may order the cattle to be sold and the money arising from the sale, after deducting the said penalty and the costs awarded, and the reasonable expenses to be estimated and assessed by the Justice of seizing, keeping, and selling the said cattle, shall be paid, if demanded within one month, to the owner of such cattle, and if not so demanded, then to the Borough fund; and if the said money shall not be sufficient for all the purposes aforesaid, the amount whereby the same falls short, or if no such sale be ordered, the whole of the said amount may be recovered from the said owner, if and when known, in like manner as other penalties and sums adjudged or ordered to be paid by Justices are by law to be recovered; and if in the case of any information under this regulation the owner be not known, then the provisions of the last preceding regulation so far as necessary to the adjudicating Justice jurisdiction shall apply : The said cattle shall, in all cases, be deemed and taken to mean asses, mules, horses and their kind, cows and their kind, and swine.

2. It shall not be lawful to break in any horse or other animal in any street, whether public or private, or in any public place save such public places as from time to time may be appointed by some regulation of the Council in that behalf, which the Council are hereby authorised to make; or by locking the wheels of any cart or other vehicle, or otherwise to test or try any horse or animal so as to obstruct or injure any street or public place.

3. Any goats found astray on the public streets, or in or on enclosed premises or on a common, will be liable to be summarily destroyed.

   Any person committing any act against anything contained in this Bye-Law, or refusing or neglecting to comply with any directions or regulations contained therein, for each such act, neglect, or refusal shall, on conviction before any Resident Magistrate or two or more Justices of the Peace, pay a penalty not exceeding Five Pounds.

Bye-Law No. VII.

Nuisance.

1. No person shall bathe in any reservoir or waterworks supplying the town or any portion thereof, or shall wash, throw or cause to enter therein any animal, whether dead or alive, or throw therein any rubbish.

2. No person shall commit any nuisance, or indecently expose his or her person in any street, road, or public highway, or in view thereof, or in any place of public resort.

Bye-Law No. VIII.

A Bye-Law for the Regulation of Drains, &c.

1. Whosoever being supplied with water by the Council from any waterworks or pumps of or belonging to or under the control or management of the Council, or having access to any such waterworks or pumps for the taking of water therefrom, shall wilfully or negligently suffer any water to run to waste from any pipe or conduit from or by which he shall be so supplied, or to which he shall have such access, shall be liable to a penalty not exceeding Ten Pounds.

2. Whosoever shall obstruct or damage any culvert, sewer or drain belonging to or under the control of the Council, shall be liable to a penalty not exceeding Five Pounds.

Bye-Law No. IX.

A Bye-Law for the Regulation of Foul Chimneys, &c.

1. Every person who wilfully sets or causes to be set on fire any chimney, flue, smoke-vent, or stove-pipe, herein called in common “chimney,” shall be liable to a penalty of not less than Forty Shillings nor more than Five Pounds : Provided always that nothing herein contained shall exempt the person so setting or causing to be set on fire any chimney from liability to be informed against or prosecuted before any Criminal Court for such act as an indictable offence.

2. If any chimney accidentally catch or be on fire, the person occupying or using the premises in which such chimney is situated shall forfeit a sum not exceeding Forty Shillings : Provided always that such forfeiture shall not be incurred if such person prove to the satisfaction of the Justice before whom the case is heard that such fire was in nowise owing to the omission, neglect, or carelessness, whether with respect to cleansing such chimney or otherwise, of himself or his servant.

Ringing fire-bell.

3. Any person or persons ringing the fire-bell without due cause shall be liable to a penalty not exceeding Forty Shillings.