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thing, or to make good any footway or
street shall fail so to do, whether or not
such person shall have been convicted or
not of any offence under this subdivision,
the Board may remove such matter or
thing, or make good such street or foot-
way, and may recover the expense of so
doing from the person so making default
before any Justice.

38. When any building materials rub-
    bish or other things are laid, or any hole
    made in any street or footway, whether
    the same be done by order or authority
    of the Board or not, the person causing
    such materials or other things to be laid
    or such hole to be made, shall at his own
    expense cause sufficient light to be fixed
    in a proper place upon or near the same,
    and continue such light every night from
    sunset to sunrise while such materials or
    hole remain, and such person shall cause
    at his own expense such materials or
    other things and such hole to be suffi-
    ciently fenced and enclosed until such
    materials or other things are removed or
    the hole filled up or otherwise made secure, and every such person who fails so
    to light fence or enclose such materials
    or other things or such hole shall for
    every such offence forfeit a sum not exceeding ten pounds, and a further sum
    not exceeding forty shillings for every
    day while such default is continued.

39. In no case shall any such building
    materials or other things, or such hole as
    last mentioned respectively, be allowed to
    remain an unnecessary time under a
    penalty not exceeding ten pounds, to be
    paid for every such offence by the person
    who whether by order or authority of the
    Board or not, causes such materials or
    other things to be laid, or such hole to be
    made, and in any such case the proof that
    the time has not exceeded the necessary
    time shall be upon the person so causing
    such materials or other things to be laid
    or causing such hole to be made.

40. If any person shall erect or place
    any house or other building or any part
    thereof over or across any public street
    footway or channel, he shall forfeit a sum
    not exceeding twenty pounds, and a further sum not exceeding five pounds for
    every day while the same shall so continue.

41. If any house or other building or
    any part thereof shall, before the coming
    into operation of this subdivision, have
    been erected or placed in upon over or
    across the public highway, or any public
    street or footway marked or set out as
    such, in such manner as to be a common
    nuisance to the highway, or as to encroach
    on such street or footway, it shall be law-
    ful for the Board to give notice to the
    owner of such house or building to re-
    move such house or such part thereof as
    shall so have been erected or placed with
    such precautions for the safety of pas-
    sengers and for the proper securing of so

much (if any) of such house or building
as is to remain thereafter as the Board
shall see fit, and such owner shall within
twenty-eight days after the service of
such notice upon him remove such house
or part according to the tenor of such
notice, and if such owner shall fail within
the said period of twenty-eight days to
remove such house or part or shall not
comply with the requirements of the said
notice, he shall forfeit a sum not exceeding ten pounds, and a further sum not
exceeding five pounds for every day
while such default is continued, and the
Board may if they shall see fit remove
such house or part and recover the ex-
penses of so doing from the said owner.

42. 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, whether
    public or private of the district, 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 Board
    may seize such cattle and place the same
    at some neighbouring place of safe cus-
    tody, 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 therein, and of the publication
    of such summons in some newspaper
    commonly circulating in the district,
    may after the expiration of twenty-four
    hours from such publication, proceed
    with respect to such owner not 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 ex-
    penses 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 the
    cattle, and if not so demanded then to
    the Treasurer of the Board on account of
    the said Board, 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 recovered.

43. If any cattle be at any time found
    in any street without any person having
    the charge thereof the owner of such
    cattle shall forfeit for every head of such
    cattle a sum not exceeding twenty shillings, and if such cattle shall by reason