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Sections.

STREET NUISANCES AND OBSTRUCTIONS, &c.—

property obtained; in default, not exceeding an additional
30 days,

Bathing machines and bathing,

Hackney carriages,

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76

77

78 to 88

[Act not to extend to cities of Dublin, Cork, Limerick, and Londonderry, the town of Belfast.-Act has since been extended to some of these places.]

1

Penalties on persons assaulting Constables.

OBSTRUC

POLICE CLAUSES ACT.

10 & 11 Vic., c. 89.

The following are the principal sections of this Act, in reference to Street Nuisances and Obstructions, &c.

The Justice should be careful to see if the Act be in force in his district. Sections 6 to 19 have reference to appointment and duties of Constables hereunder :

20. Every person who assaults or resists, or who aids or incites any person to assault or resist, any Constable in the execution of his duty under the provisions of this or the special Act, shall for every such offence be liable to a penalty not exceeding £5, or, in the discretion of the Justice before whom he is convicted, may be imprisoned for any term not exceeding one month, with or without hard labour.

And with respect to obstructions and nuisances in the streets, be it enacted as follows:

21. Power to prevent obstructions in the streets during public NUISANCES. processions, &c.; penalty for offending 40s.

TIONS AND

Power to impound

stray cattle.

Power to sell stray cattle for penalty and expenses.

22. Power to regulate the route of persons driving stage carriages, &c., during divine service, on Sunday, Good Friday, Christmas day, and public fast-days; for offending, penalty not exceeding 40s.

23. Proprietors of stage carriages deviating from route by order, free from penalty.

24 If any cattle be at any time found at large in any street within the limits of the special Act, without any person having the charge thereof, any Constable or officer of police, or any person residing within the limits of the special Act, may seize and impound such cattle in any common pound within the said limits, or in such other place as the Commissioners appoint for that purpose, and may detain the same therein until the owner thereof pay to the Commissioners a penalty not exceeding 40s., besides the reasonable expenses of impounding and keeping such cattle.

25. If the said penalty and expenses be not paid within three days after such impounding, the pound-keeper, or other person appointed by the Commissioners for that purpose, may proceed to sell, or cause to be sold, any such cattle; but previous to such sale seven days notice thereof shall be given to or left at the dwellinghouse or place of abode of the owner of such cattle, if he be known, or if not, then notice of such intended sale shall be given by advertisement, to be inserted seven days before such sale in some newspaper published or circulated within the limits of the special Act; and the money arising from such sale, after deducting the said sums

and the expenses aforesaid, and all other expenses attending the impounding, advertising, keeping, and sale of any such cattle so impounded, shall be paid to the Commissioners, and shall be by them paid, on demand, to the owner of the cattle so sold.

26. Every person who releases or attempts to release any cattle Persons from any pound or place where the same are impounded under the guilty of pound-breach authority of this or the special Act, or who pulls down, damages, to be comor destroys the same pound or place, or any part thereof, with intent mitted for to procure the unlawful release of such cattle, shall, upon conviction three months of such offence before any two Justices, be committed by them to some common gaol or house of correction for any time not exceeding three months.

27. The Commissioners may purchase a piece of land within the Power to limits of the special Act, for the purpose of a pound for stray provide a animals, and may erect a pound thereon, and such pound when made shall be kept in repair by the Commissioners.

STREET NUISANCES.*

pound.

of the offen

28. Every person who in any street, to the obstruction, annoyance, Penalty on or danger of the residents or passengers, commits any of the follow-persons coming offences, shall be liable to a penalty not exceeding 40s. for each mitting any offence, or, in the discretion of the Justice before whom he is con- ces herein victed, may be committed to prison, there to remain for a period named. not exceeding fourteen days; and any Constable or other officer appointed by virtue of this or the special Act shall take into custody, without warrant, and forthwith convey before a Justice, any person who within his view commits any such offence; (that is to say,) Every person who exposes for show, hire, or sale (except in a Exposing market or market-place, or fair, lawfully appointed for that cattle for purpose), any horse or other animal, or exhibits in a caravan or sale; or otherwise any show or public entertainment, or shoes, bleeds, works in doing certain or farries any horse or animal (except in cases of accident), or streets. cleans, dresses, exercises, trains, or breaks, or turns loose any horse or animal, or makes or repairs any part of any cart or carriage (except in cases of accident, where repair on the spot is necessary):

Every person who suffers to be at large any unmuzzled ferocious Dogs. dog, or sets on or urges any dog or other animal to attack, worry, or put in fear any person or animal:

Every owner of any dog who suffers such dog to go at large, knowing or having reasonable ground for believing it to be in a rabid state, or to have been bitten by any dog or other animal in a rabid state:

Every person who, after public notice given by any Justice directing dogs to be confined on account of suspicion of canine madness, suffers any dog to be at large during the time specified in such notice:

cattle.

Every person who slaughters or dresses any cattle, or any part Slaughtering thereof, except in the case of any cattle overdriven which may have met with any accident, and which for the public safety or other reasonable cause ought to be killed on the spot.

* These offences are very similar to those set out in the "Towns Improvement Act."

Drivers' offences.

Furious driving.

Beasts of burden obstructing streets.

Carriage of timber, &c.

Horses, &c. on footways.

Exhibiting

wares on

footways.

Goods hanging from

shops, &c.

STREET NUISANCES-continued.
Every person having the care of any waggon, cart or carriage,
who rides on the shafts thereof, or who without having reins,
and holding the same, rides upon such waggon, cart, or car-
riage, or on any animal drawing the same; or who is at such a
distance from such waggon, cart, or carriage as not to have due
control over every animal drawing the same; or who does not,
in meeting any other carriage, keep his waggon, cart, or car-
riage to the left or near side; or who in passing any other
carriage does not keep his waggon, cart, or carriage on the
right or off side of the road (except in cases of actual necessity,
or some sufficient reason for deviation), or who, by obstructing
the street, wilfully prevents any person or carriage from pass-
ing him, or any waggon, cart, or carriage under his care:
Every person who at one time drives more than two carts or
waggons, and every person driving two carts or waggons who
has not the halter of the horse in the last cart or waggon
securely fastened to the back of the first cart or waggon, or
has such halter of a greater length from such fastening to the
horse's head than four feet:

Every person who rides or drives furiously any horse or carriage
or drives furiously any cattle:

Every person who causes any public carriage, sledge, truck, or barrow, with or without horses, or any beast of burden, to stand longer than is necessary for loading or unloading goods, or for taking up or setting down passengers (except hackney carriages, and horses and other beasts of draught or burden, standing for hire in any place appointed for that purpose by the Commissioners or other lawful authority), and every person who, by means of any cart, carriage, sledge, truck, or barrow, or any animal, or other means, wilfully interrupts any public crossing, or wilfully causes any obstruction in any public footpath or other public thoroughfare:

Every person who causes any tree or timber or iron beam to be drawn in or upon any carriage, without having sufficient means of safety guiding the same:

Every person who leads or rides any horse or other animal, or draws or drives any cart or carriage, sledge, truck, or barrow, upon any footway of any street, or fastens any horse or other animal so that it stand across or upon any footway:

Every person who places or leaves any furniture, goods, wares, or merchandise, or any cask, tub, basket, pail, or bucket; or places or uses any standing-place, stool, bench, stall or show-. board on any footway; or who places any blind, shade, covering, awning, or other projection over or along any such footway, unless such blind, shade, covering, awning, or other projection is eight feet in height at least in every part thereof from the ground:

Every person who places, hangs up, or otherwise exposes to sale any goods, wares, merchandise, matter, or thing whatsoever, so that the same project into or over any footway, or beyond the line of any house, shop, or building, at which the same are so exposed, so as to obstruct or incommode the passage of any person over or along such footway :

STREET NUISANCES-Continued.

Every person who rolls or carries any cask, tub, hoop, or wheel, Conveying or any ladder, plank, pole, timber, or log of wood, upon any goods, &c. footway, except for the purpose of loading or unloading any cart or carriage, or of crossing the footway:

on.

clothes on.

Every person who places any line, cord, or pole across any street, Hanging or hangs or places any clothes thereon: Every common prostitute or nightwalker loitering and impor- Prostitutes, tuning passengers for the purpose of prostitution:

&c.

profane

streets.

Every person who wilfully and indecently exposes his person: Every person who publicly offers for sale or distribution, or exhi- Offering obbits to public view, any profane, indecent, or obscene book, scene producpaper, print, drawing, painting, or representation, or sings any tions, &c., or profane or obscene song or ballad, or uses any profane or ob- conduct in scene language: Every person who wantonly discharges any fire-arms, or throws Bonfires, &c. or discharges any stone or other missile, or makes any bonfire, and or throws or sets fire to any firework: Every person who wilfully and wantonly disturbs any inhabitant, Runaway by pulling or ringing any door-bell, or knocking at any door, knocks, &c. or who wilfully and unlawfully extinguishes the light of any

fireworks.

lamp. Every person who flies any kite, or who makes or uses any slide Slides on ice. upon ice or snow:

screening lime, &c.

Every person who cleanses, hoops, fires, washes, or scalds any Scalding cask or tub, or hews, saws, bores, or cuts any timber or stone, casks, or slacks, sifts, or screens any lime : Every person who throws or lays down any stones, coals, slate, shells, lime, bricks, timber, iron, or other materials (except building materials, so enclosed as to prevent mischief to passengers:

Every person who beats or shakes any carpet, rug, or mat (ex- Shaking cept door-mats, beaten or shaken before the hour of eight in mats. the morning):

Every person who fixes or places any flower-pot or box, or other Pots, &c., on heavy article, in any upper window, without sufficiently guard windows. ing the same against being blown down:

houses.

Every person who throws from the roof or any part of any house Rubbish or other building any slate, brick, wood, rubbish, or other from tops of thing, except snow, thrown so as not to fall on any passenger: Every occupier of any house or other building, or other person, Allowing who orders or permits any person in his service to stand on the persons to sill of any window, in order to clean, paint, or perform any window-sill. other operation upon the outside of such window, or upon any house or other building within the said limits, unless such window be in the sunk or basement story:

stand on

Every person who leaves open any vault or cellar, or the en- Underground trance from any street to any cellar or room under ground, cellars, &c. without a sufficient fence or handrail, or leaves defective the door, window, or other covering of any vault or cellar; or who does not sufficiently fence any area, pit, or sewer left open; or who leaves such open area, pit, or sewer without a sufficient light after sunset to warn and prevent persons from falling thereinto.

Laying dirt on streets.

Pigsty near, &c.

Penalty on

drunken per

sons. &c., guilty of

riotous or indecent behaviour.

Fires.

Places of

STREET NUISANCES-continued.

Every person who throws or lays any dirt, litter, or ashes, or night soil, or any carrion, fish, offal, or rubbish, on any street, or causes any offensive matter to run from any manufactory, brewery, slaughter-house, butcher's shop, or dunghill into any street: provided always, that it shall not be deemed an offence to lay sand or other materials in any street in time of frost, to prevent accidents, or litter, or any other suitable materials to prevent the freezing of water in pipes, or in case of sickness, to prevent noise, if the party laying any such things causes them to be removed as soon as the occasion for them ceases.

Every person who keeps any pigsty to the front of any street, not being shut out from such street by a sufficient wall or fence, or who keeps any swine in or near any street, so as to be a common nuisance.

29. Every person drunk in any street, and guilty of any riotous or indecent behaviour therein, and also every person guilty of any violent or indecent behaviour in any police office or any police stationhouse within the limits of the special Act, shall be liable to a penalty not exceeding 40s. for every such offence, or, in the discretion of the Justice before whom he is convicted, to imprisonment for a period not exceeding seven days.

Sections 30 to 33 have reference to fires.

Sec. 34 provides penalties for publicans, &c., harbouring conpublic resort, stables while on duty.

&c.

Prostitutes,

bouring).

Sec. 35. Keeper of house, shop, room, or other place of public thieves (har- resort within limits of the special Act, for sale or consumption of refreshments of any kind, who knowingly suffers common prostitutes or reputed thieves to assemble at, and continue in his premises, shall for every such offence be liable to a penalty not exceeding £5.

Cock-fighting

Hackney carriages. { Bathing.

Recovery of

Sec. 36 provides penalties on persons keeping places for bearbaiting, cock-fighting, &c.

Sections 37 to 68 have reference to hackney carriages.

Sections 69 to 72 have reference to public bathing, providing of bathing machines, and preventing of indecent exposure.

Sec. 73. Clauses of "Railway Clauses Consolidation Act, 1845," penalties, &c. with respect to damages not specially provided for, and penalties, and to the determination of any other matter referred to Justices, incorporated with this Act, &c.

(Proceedings may be according to the Petty Sessions Act, and penalties recovered as therein provided.)

PROTECTION OF JUSTICES ACT.

12th Vic. Cup. 16.

Section,

"Every action hereafter to be brought against any Justice of the Peace in Ireland, in any of Her Majesty Superior Courts of Law at Dublin, for any act done by him in the execution of his duty, as such Justice, with respect to any matter within his jurisdiction as such Justice, shall be an action on the case as for a tort; and in the declaration it

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