execute all such works with respect to such building or land as may be necessary for carrying into effect the provisions of this Act and if after the expiration of ten days from the date of such order such occupier continued to refuse to permit such owner to execute such works such occupier shall for every day during which he so continues to refuse be liable to a penalty not exceeding five pounds and every such owner during the continuance of such refusal shall be discharged from any penalties to which he might otherwise have become liable by reason of his default in executing such works.

9.—Other Matters.

378.—Every offence hereby or by any bye-law made hereunder punishable by a penalty Recovery of shall be prosecuted and all fines or penalties imposed by this Act or any bye-law made here- penalties. under shall be recoverable in a summary way before any two justices of the peace in the manner provided by “The Justices of the Peace Act 1866” or by any Act for the time being in force for the like purposes as those of the said last-mentioned Act.

379. Any justice or resident magistrate and any judge of any district court and any judge of Justices, judges etc., to hear and determine notwithstanding liability to be rated etc.

The Supreme Court notwithstanding that such justice resident magistrate or judge is or is liable to be rated within any borough under any of the provisions in this Act contained or is a resident or is owner or occupier of land within any such borough may hold any court or do any act matter or thing or adjudicate in the recovery of rates and in appeals against rates and in revising lists of voters and may hear and determine informations and complaints and hear and adjudicate upon all other matters and things which such justice resident magistrate judge of a district court or a judge of a Supreme Court might hold do or adjudicate upon if he had not been liable to be so rated or had not been such resident owner or occupier.

380. In all cases in which no provision or no sufficient provision is in the opinion of the Governor made by this Act it shall be lawful for the Governor from time to time for the purpose of facilitating or more effectually carrying into execution any of the objects thereof to make and prescribe all such regulations and orders either general or applicable to particular cases only as he shall think fit and such regulations and orders from time to time to revoke or alter as to the Governor shall appear to be requisite.

381. The council shall for the purposes of this Act have power by themselves or their Powers of entry by officers of council. officers to enter at all reasonable hours in the daytime into and upon any building or land within the borough for the purpose of executing any work or making any inspection authorised to be executed or made by them under this Act without being liable to any legal proceedings on account thereof. Provided always that except herein otherwise provided the council or their officers shall not make any such entry upon occupied premises unless with the consent of the occupier until after the expiration of twenty-four hours’ notice for that purpose given to the occupier.

382. Every person who shall at any time obstruct the council or any person employed Obstructing council or officers. by them in the performance of any thing which they are respectively empowered or required to do by this or any other Act shall be liable to a penalty not exceeding five pounds.

383. The council may direct any prosecution for any public nuisance whatsoever created Council may direct prosecutions etc. or permitted or suffered within the borough and may order proceedings to be taken for the recovery of any penalties and for the punishment of any person offending against the provisions of this Act and may order the expenses of such prosecution or other proceedings to be paid out of the borough funds.

384. Whenever any day provided or appointed by or under this Act for any purpose shall Sundays etc. in any year happen on a Sunday Good Friday or Christmas Day or any proclaimed Fast Day then such provision and appointment shall take effect as for the following day.

385. Where under this Act any act matter or thing is to be done by a Superintendent of a Superintendent to act with advice of Executive province if by any Act or Ordinance of such province for the time being in force it is provided that the Superintendent thereof shall in the administration of the affairs of such province act by and with the advice and consent of an Executive Council such Superintendent in doing any act or matter or thing hereunder or exercising any power conferred on him hereby shall act by and with the advice and consent of an Executive Council in the same manner as if such act matter or thing were to be done under an Act or Ordinance of the Legislature of such province and if any Superintendent shall fail or neglect to do any act matter or thing or to make any appointment which under this Act is to be done or made by him the Governor may on the petition of the council of the borough do such act matter or thing or make such appointment (as the case may be) and if at the time being there shall be no councillors of such borough in office under this Act the Governor may do any such act matter or thing or make any such appointment as aforesaid without any petition whatever and in any such case if by this Act a time is fixed at or within or before which any such act matter or thing or appointment is to be done or made and the Superintendent shall have failed or neglected as aforesaid to do such act matter or thing or make such