Towns Nuisances Prevention Act (1887)

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TOWNS NUISANCES PREVENTION
THE TOWNS NUISANCES PREVENTION ACT
ARRANGEMENT OF SECTIONS
1. Short title.
2. Interpretation.
3. Power to abate forthwith any imminently dangerous nuisance.
4. Power to declare land to be a public nuisance on certificate of
5. Procedure if nuisance not abated.
Conditional order for sale.
6. Powers of the Court in dealing with conditional order.
7. Power to grant further time.
8. Publication of conditional order of sale
9. Powers of Council after conditional order.
10. Absolute order of sale binds all interests.
11. Provision for expenses of the Council.
12. Investment of purchase money.
13. Application for payment out of money invested.
14. Disposal of interest.
15. Disposal of principal if no order for payment within three years.
16. Notice of application for payment.
17. Costs of litigated claims to money.
18. Offences as to notices and orders and possession of lands sold.
19. Prohibition of certain kinds of fences.
20. When building, wall or land within the limits of any town may
be declared a public nuisance.
21. When premises fronting on the sea may be declared a nuisance.
When Parish Council may execute the necessary work to abate
nuisance.
22. Penalty when owner or occupier of premises having a foreshore
wall refuses or neglects to keep the same in proper and
sanitary repair.
Parochial Officer.
!%XIEDULES
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TOWNS NUISANCES PREVENTION 3
THE TOWNS NUISANCES PREVENTION ACT Cap. 385.
[21st May, 1887.1
1. This Act may be cited as the Towns Nuisances shorttitle.
Prevention Act.
2. In this Act “Council” means the Parish Council of Interpretation.
any parish wherein the thing or property declared or
liable to be declared a public nuisance under this Act is
situated, and in the cases of the parishes of Kingston and
St. Andrew, shall include the Council of the Kingston and
St. Andrew Corporation, appointed and constituted under
the Kingston and St. Andrew Corporation Act.
3. Whenever the Council shall be of opinion that any Powerto
house, wall, fence, or other erection or building, is so withany
dilapidated as to be immediately dangerous, it shall be ~ ~ $ ~ ~ lawful for the said Council, notwithstanding anything n u l s a n ~ ~
herein contained to the contrary, and without prejudice
to the other powers of the sa:d Council under this Act,
to cause the same to be pulled down forthwith and without
notice, and to take any measure in relation thereto, as the
said Council shall think expedient for preventing or
removing all danger to the public, to the inmates, or to
any neighbours, or to any adjoining building.
And the owner, and the said land, and all things and
materials thereon, shall be liable to pay and satisfy all
expenses to which the Council shall have been put; and the
Council may cause the materials pulled down to be sold
at such time and in such manner as they may think fit,
and the proceeds to apply in payment of the expense
incurred in removing and abating such nuisance, and any
surplus to pay over to the owner, if known, and if the
owner be unknown to lodge in the Treasury to the credit
abate forth-
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4 TOWNS NUISANCES PREVENTION
Power to
dec`are land
to be a
nuisance on
certificate of
Parochial
Officer.
pubhc
Schedule A.
Procedure
if nuisance
not abated.
of the parish; and if claimed by the owner, or any person
equitably entitled to the possession of the property, within
twelve months of such lodgment, to pay to such person,
but otherwise the inoney to become the property of the
parish.
4. Whenever any lot, piece or parcel, of land situated
within the limits of any town is certified by the City
Engineer, or Superintendent of Parochial Roads and
Works, to be wholly unenclosed or not sufficiently enclosed,
or any land has standing on it any house, erection or
building, which is certified as aforesaid to be so
dilapidated as to be dangerous to the public, or to the
neighbours, or to persons who may enter it, or to
adjoining buildings, it shall be lawful for the Council of
the parish within which such town is situated, by resolution
to declare such lot, piece or parcel of land, a public
nuisance. And thereupon, or at any time thereafter, the
said Council shall give notice thereof, and require the
abatement of such nuisance. Such notice shall be in
writing, and shall be in the form or to the effect of the
notice given in Schedule A, and shall be signed by the
Chairman and Secretary or Clerk of the said Council, and
be posted on some conspicuous part of the said land, and
if the same be occupied a copy of such notice shall also
be delivered to the person, or one of the persons, apparently
in possession or occupation thereof.
5. Unless such land be sooner well and sufficiently
cleaned and enclosed, or such house, erection or building,
be sooner removed or repaired, as may respectively be
required or indicated in such notice, it shall be lawful for
the said Council, at any time after the expiration of
fourteen days to be computed from the time of posting
such notice, to apply to the Supreme Court or Resident
Magistrate`s Court ex parte by summons, for an order that
the land referred to in such notice as having been declared
a public nuisance be sold. And the Court shall have
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TOWNS NUISANCES PREVENTION 5
power and is hereby required in such case to make a Conditional
conditional order that the same be sold accordingly. order for
sale.
6. Such order shall, in the first instance, be condi- Powemof
tioned that if any person having, or claiming to have, any dealingwith
estate, interest, charge or lien, in or upon the said land shall order.
within three months, or such other time as may be limited
therein, or further time as the Court may appoint, abate
the nuisance to the satisfaction of the Council, and pay all
costs, charges and expenses incurred by the Council, or
enter an appearance in the said Court, and show either
that the alleged nuisance does not exist or that it has
been abated, then and in such case the order shall be
vacated, otherwise it shall be lawful for the Court, on
proof of the publication, posting and delivering (if
requisite) of the said conditional order in accordance with
the directions hereinafter contained to make the said
order absolute for the sale of the said lot, piece or parcel
of land.
the Court in
conditional
7. The Court shall have power, from time to time, by Powerto
grant order to enlarge the time limited in the said conditional further
order for sale, and to rescind or vary any order granting time*
further time, on such terms as may appear just.
8. Every conditional order for sale shall, within three Publication
months from the date thereof, or within such further time :$$$;dcr
as the Court may appoint, be published twice in an Island o f d c
newspaper, and for six consecutive weeks in the Gazette,
and be posted and delivered in such cases and in such
manner as is prescribed in section 4 with regard to
the notices therein mentioned.
9. After such conditional order, if no appearance Powereor
shall be entered, the Council may cause the said land to be z:;tncleaned
and well and sufficiently enclosed, or such house,
erection or building, to be removed or repaired.
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6 TOWNS NUISANCES PREVENTION
Absolute 10. When an absolute order for the sale of any land
salebinds has been made, all persons claiming to be interested in
all interests. such land, whether they are within or without the jurisdiction
of the Court (including persons under disability),
shall be bound by the proceedings as if they had been h
all respects duly served with the conditional order for
sale.
And it shall be lawful for the said Council to sell the
same, with ZII buildings and materials thereon, by public
auction, to the highest and best bidder; and the Court
shall, at the request of the Council, expressed as in manner
ScheduleB. in Schedule B provided, and without any other order or
formality, give the purchaser a title therefor, in or to
the effect of the Form in Schedule B, and which title shail
be subject to stamp duty, and shall give to the purchaser
an indefeasible estate of inheritance in the land SO
purchased, and shall discharge the same from all former
and other estates, rights, titles, charges and incumbrances
whatsoever, of Her Majesty, and of all persons whomsoever,
and no title given under this Act shall be set aside on
the ground of any irregularity or want of jurisdiction.
order of
Provision
cOuncil.
11. All costs, charges and expenses, incurred or laid
out by the Council in or about the cleaning and enclosing
of the land, or the removal or repairs of the house, erection
or building, if the absolute order for sale be not made
shall be ordered to be paid to the Council by the owner or
other person claiming to be interested; and default in
payment of such costs shall entitle the Council to procure
an absolute order for sale; and if an absolute order for
sale be made all such costs, charges and expenses, and
all costs, charges and expenses, in and about any sale,
and in and about any proceeding or measure taken by the
Council in execution or in intended execution of any of the
powers under this Act, or under any order of Court, or
otherwise howsoever in relation to the premises, shall be
a first charge on the proceeds of such sale.
for expenses
of the
-
me inclusion of this page iti rytb+d by L.N. 48@/1973l
l2. The purchase money on every such last mentioned Investment
of purchase sale shall be paid by the purchaser into the Savings Bank money.
of this Island forthwith, or at such time as the Court shall
direct, and shall be carried to an account, to bear interest,
to be opened in the name of the Council, to the credit in
each case of the land (describing the same by its Ebuttals,
or in any other way the Court shall think fit), and the
Court may make such orders as to such purchase money,
and the payment out, as by this Act empowered.
13. Any person may, within three years after such Application
for payment investment of the purchase money, apply to the Court for outof
payment out to such person of the said money, and on gz&.
such application (of which the Council which procured the
sale shall get notice) if the Court be satisfied that fie
person applying was legally or equitably entitled to the
lands sold, make such order as to the money invested as
may seem right, regard being had to the title of parties
to the land so converted.
Such investment shall be deemed to have been made
upon the day appointed for the first payment where more
than one payment shall be directed.
14. Until the principal money shall be paid out as Disposal
of intern1 aforesaid, the interest shall be paid, or PLU annually on
the thirtieth day of September in each year, to the credit
of the parish which procured the sale.
15. If no order has been made under section 13 within Dispqdof
such three years, then the Council which procured the sale a p o ” ~ ~ ~ ~ &
shaIl be entitled to an order to have the said money paid gcg~-
out to it. years.
16. Before any order for payment shall be made (except ~ ~ t i ~ ~ f
orders for payment to the Council, which may be made :::$On
without notice), the person intending to apply for the men‘
same shall cause a notice of his intended application to
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8 TOWNS NUISANCES PREVENTION
costs of
li tigated
claims to
money.
Offences as
to notice
and orders
and possession
of
lands sold.
Prohibifion
of Certain
kinds of
fences.
When
buildin
within the
limits of
any town
may be
declared a
public
nuisance.
wall orfm d
be given to the Council which procured the sale, and also
to be published for three consecutive weeks in the Gazette.
17. In all cases of litigated claims to any such money
the Court may make such order as to costs, and direct
them to be paid out of the Fund, or by either party, or
otherwise, as the Court may deem equitable.
18. Any person damaging, destroying, obliterating or
tearing, or pulling down, any notice or order under this
Act, or any copy thereof, shall be liable, for each offence,
to a penalty not exceeding ten dollars, on summary
conviction.
And any person refusing to quit any land sold under
the provisions of this Act, or to give up possession thereof
to the purchaser thereof, or to his servants or agents, shall
be liable, on conviction in like manner, to a penalty not
exceeding forty dollars nor less than twenty dollars, and,
in default of payment, to imprisonment for a term not
exceeding six calendar months.
19. It shall not be lawful to enclose any land, within
such limits of any town as may be fixed under the provisions
of the Parish Councils Act for the purposes of
this section, by any penguin, or dildo, or other growing
or quick set fence; and every such fence may be pulled
down and removed by the Council without notice, and the
person or persons erecting such fence shall be liable to a
penalty not exceeding ten dollars.
20. If the City Engineer or Superintendent of Parochial
Roads and Works certifies-
(a) that any building or wall situated within the
limits of any town is in a ruinous state; or
(b) that any land situated within the limits of any
town has on it any unsightly ruins,
it shall be lawful for the Council of the parish within which
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TOWNS NUISANCES PREVENTION 9
such building, wall or land is situated by resolution to
declare such building, wall or land a public nuisance and
thereupon the said Council shall give notice thereof and
require the abatement of such nuisance in the manner
prescribed by section 4 and all the provisions of this Act
shall apply to the said building, wall or land in the same
manner as if the same were land declared by resolution of
the Council to be a public nuisance within the meaning of
section 4.
21.-(1) If the Medical Officer (Health) for the parish me!
of Kingston or the Chief Medical Officer (Health) in a frontingon
parish other than Kingston certifies that the foreshore of e&$g:i
any premises fronting on the sea, from which any wharf, anuisance.
jetty or other building is extended into or over the sea,
is insanitary in consequence of the absence of a wall along
the frontage or in consequence of the ruinous or
dilapidated condition or irregular construction of any such
wall already existing, it shall be lawful for the Council of
the parish within which such premises are situated by
resolution to declare such premises a nuisance and thereupon
the Council shall give notice thereof and require the
abatement of such nuisance in the manner prescribed by
section 4.
premises
(2) In requiring the abatement of the nuisance, it
shall be lawful for the Council to require the construction
along the foreshore of such premises of a substantial wall
of a design to be approved by the Council, having its outer
footing below the level of low water and its alignment
as shall be prescribed by the Council, and the filling up of
the land behind such wall to a level, to be approved by
the Council :
Provided that before the owner of any premises shall
be required to build a foreshore wall under the provisions
of this section the Council shall have prepared a general
plan showing the alignment on which the required
me inclusion of this page is authorized by L.N. 480/1973]
When
Parish
CounciI may
execute the
necessary
work to
abate
nuisance.
Penalty
when owner
or occupier
of premises
having a
foreshore
wall refuses
or neglects
to keep the
same in
proper and
sanitary
repsur.
TOWNS NUISANCES PREVENTION
foreshore walls and all other foreshore walls that may
then or in future be required to be erected, shall be laid
out, and that such plan shall have been submitted to and
approved by the Minister.
(3) Unless such nuisance be sooner well and
sufficiently abated in the manner indicated in such notice
it shall be lawful for the Council at any time after the
expiration of sixty days to be computed from the time
of posting such notice to enter on the premises and execute
the necessary works and the Council may recover the
expenses thereby incurred from the owner of the premises
as a civil debt and until recovery of such expenses the same
shall subject to any charge for property tax due to
the Consolidated Fund be a charge on the premises in
respect of which they were incurred in priority to all other
charges and mortgages thereon.
22. If the owner or occupier of any premises having a
foreshore wall refuses or neglects to keep the same in
proper and sanitary repair as may be reasonably required
by a Council, he shall be guilty of an offence, and shall be
liable on summary conviction before a Resident Magistrate
to a penalty not exceeding ten dollars and in default of
payment to imprisonment for a term not exceeding fourteen
days and the offence shall be a continuing offence.
x ,
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TOWNS NUISANCES PREVENTION 11
SCHEDULE A (Section 4)
This notice was posted on the day of , 19 .
Take notice that this lot, piece or parcel of land containing from
east to west feet, and from north to south feet,
be the same more or less, and butting and bounding (here describe
land), was on the day of , 19 , by
resolution of the Kingston and St. Andrew Corporation (or the
Parish Council of the parish of ) declared a public
nuisance and that, unless the same be well and sUaciently cleaned
and enclosed (or unless the houses, erections and buildings thereon be
removed or repaired-as the case may be) within fourteen days after
the posting of this notice, an application will be made to a Judge of
the Supreme Court or a Resident Magistrate’s Court for an order for
the sale of such land under the provisions of the Towns Nuisances
Prevention Act. Further particulars may be obtained by any person
interested in this land on application at the office of the Kingston
and St. Andrew Corporation (or the Parish Council of the parish
of , as the case may be) at (state
the situation of the ofice.)
Dated this day of , 19 .
A.B. (Mayor).
(Chairman).
(Secretary).
SCHEDULE B (Section 10)
C.D., (Clerk).
In the Court
Whereas the land hereafter described (or described in the plan
hereto annexed) was, under the provisions of the Towns Nuisances
Prevention Act, pursuant to the absolute order for sale made herein
by (Mr. Justice or the Resident Magistrate’s Court) on
the day of 19 , sold at public auction to
(A.B.) of for the sum of , which sum
(he) has duly paid into the Savings Bank of this Island, it is witnessed
that (the land in the plan hereto annexcd-or otherwise described)
together with all buildings and erections thereon and all rights and
appurtenances thereto, are absolutely sold and hereby conveyed. for
the consideration aforesaid, unto the said A.B. and his heirs.
Witness
this day of * 19 .
(Seal of Court.)
Parish Council, of the parish of
above title be executed by this Honourable Court.
It is the request of the Kingston and St. Andrew Corporation (or
) that the
Dated this day of 19 .
A.B. (Mayor).
C.D.. (Clerk).
(Chairman).
(Secretary).
phe inclusion of this page is authorized by L.N. 480119731

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