✨ Local Board Regulations
299
Board may remove such matter or thing,
or make good such street or footway, and
may recover the expense of so doing from
the person so making default before any
Justice.
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When any building materials, rubbish 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 a 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 sufficiently
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. -
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. -
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. -
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 lawful for the Board to give notice to the
owner of such house or building to remove such house or such part thereof as
shall so have been erected or placed with
such precautions for the safety of passengers 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 expenses of so doing from the said owner. -
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 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 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 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 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. -
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
of having been so found at large have
been impounded by the Board the amount
of such penalty and the costs if adjudged
respectively before the release or sale of
such cattle shall be added to the pound
fees and charges payable in respect of
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✨ LLM interpretation of page content
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Lower Hutt Local Board Bye-Laws for Sanitation and Public Health
(continued from previous page)
🏘️ Provincial & Local GovernmentBye-Laws, Sanitation, Public Health, Lower Hutt Local Board
Wellington Provincial Gazette 1874, No 34