Order of Court on complaint. Penalty for nuisance existing is in the opinion of the inspector of nuisances, health officer or Director of Works, likely to recur on the same premises, he shall take proceedings before a Court. (3.) If the Court is satisfied that the alleged nuisance exists, or that although abated it is likely to recur on the same premises, the Court shall make an order on the person in default, requiring him to comply with all or any of the requisitions of the notice, or otherwise to abate the nuisance within the time specified in the order, or such time as the Court may deem sufficient, or an order prohibiting recurrence of the nuisance, or an order both requiring abatement and prohibiting the recurrence of the nuisance. (4.) The Court may impose a fine of twenty shillings on the person on whom the order is made in respect of the before order. nuisance existing previously to the order. Penalty for contravention of order. Power to abate nuisance where owner or occupier not known. Power of entry to examine or abate nuisances. (5.) Whoever disobeys an order requiring abatement or prohibiting the recurrence of the nuisance, shall, if he fails to satisfy the Court that he has used all due diligence to carry out the order, be liable to a fine of five shillings per day during his default; and whoever acts knowingly and wilfully contrary to an order of prohibition shall be liable to a fine of twenty shillings per day during such contrary action. Moreover, the inspector of nuisances or health officer or Director of Works or their assistants may enter the premises to which the order relates and abate the nuisance, and do whatever may be necessary in execution of the order, and recover the expenses incurred by them as a debt from the person on whom the order is made. 31. Where it appears to the satisfaction of the Court that the person by whose act or default the nuisance arises, or the owner or occupier of the premises, is not known or cannot be found, then the necessary work for abating such nuisance may be executed by the inspector of nuisances or health officer or Director of Works. 32. (1.) Any inspector of nuisances, health officer or Director of Works, or any person or persons authorized in writing by any health officer or Director of Works, together with any assistant or assistants bearing any official badge or token, may enter and inspect any premises at any time between six in the morning and six in the evening, for the purpose of examining as to the existence or continuance of any nuisance therein, or of abating any nuisance. refused or for admission (2.) If admission to premises for any of the purposes of If admission this section is refused, any District Commissioner may, by premises order under his hand, require the person having custody of vacant order the premises to admit the inspector of nuisances, or health to be made. officer or Director of Works, or any persons employed as aforesaid, into the premises during the hours aforesaid; and if no person having custody of the premises is found, the District Commissioner may authorize the aforesaid persons, or any of them, if necessary, to break and enter such premises; and any such order shall continue in force until the nuisance has been abated, or the work for which the entry was necessary has been done. officer or (3.) Whoever refuses admission to any inspector of Penalty for nuisances or other person as aforesaid, or obstructs him in obstructing or hinders him from making any such entry or inspection disobeying or abatement of nuisance, or disobeys any such order as aforesaid, shall be liable to a fine of five pounds. order. houses unfit habitation. 33. (1.) Where any house or building, by reason of Prohibition any nuisance, or of its insecurity and liability to fall down of use of in whole or in part, is in the judgment of the Court unfit for human for human habitation, the Court may prohibit the using thereof for that purpose until in its judgment the house or building is rendered fit for habitation; and if necessary, may authorize any constable to remove the inhabitants therefrom. of prohibition. (2.) Whoever inhabits or uses any house or building in Penalty for contravention of such prohibition shall be liable to a fine contravention of ten shillings, and to a further fine of five shillings for each day that such act of contravention is continued. drinking 34. Any pigeons or other birds that foul any water Birds fouling intended to be supplied to man, or any surface or ground water may be from which such water is or may be collected, or any well, destroyed. stream, tank, reservoir, aqueduct, pond or place where such water is or may be, or any conduit communicating therewith, may be destroyed by the owner or occupier of the premises upon which such fouling takes place. 35.-(1.) The Governor in Council may from time to Rules may time make and, when made, revoke or alter rules,-* be made; (a) imposing on the occupiers of any premises the For removal *For rules as to rubber refuse, see Appendix, p. 1155. of house refuse; Or as to animals kept on premises; Or for keeping open spaces clear. Penalty. removal therefrom of soil, ashes or refuse of any kind at such intervals and to such receptacles or places as he thinks fit; or (b) for the prevention of the keeping of animals on any premises so as to be a nuisance or injurious to health; or (c) imposing on the chiefs, captains and inhabitants of any town the duty of cleansing and keeping clear the open spaces within or around or adjacent to such town, or any of them, from weeds, grass, prickly pear, wild bush and other vegetation, and from rubbish and deposits of any kind. (2.) Whoever makes default in complying with any such rule shall be liable to a fine of ten shillings, and to a further fine of two shillings a day during the continuance of the default after conviction. Cleansing and premises on notice. X. INFECTIOUS DISEASES. 36.-(1.) Where any health officer considers that the disinfecting cleansing and disinfecting of any house or part thereof, or of any articles therein, would tend to prevent or check infectious disease, it shall be his duty to give notice to the occupier or owner requiring him to cleanse and disinfect such house, or part thereof or articles. Penalty on failure to notice. (2.) If the person to whom notice is given fails to comply comply with therewith, he shall be liable to a fine of five shillings for every day during which he continues to make default; and the health officer may cause such house, or part thereof, and articles, to be cleansed and disinfected, and may recover the expenses from the occupier or owner in default. Letting infected houses. Explanation as to innkeeper. 37.-(1.) Whoever knowingly lets, either for hire or otherwise, any house, room, or part of a house in which any person has been suffering from any dangerous infectious disorder, without having such house, room, or part of a house, and all articles therein, properly disinfected to the satisfaction of the Health Officer, shall be liable to a fine of ten pounds: (2.) For the purposes of this section the keeper of an inn shall be deemed to let for hire part of a house to any person admitted as a guest into such inn. 38. Whoever persons or (1.) While suffering from any dangerous infectious Infected disorder wilfully exposes himself without proper things not to precautions against spreading the disorder in be exposed. any street, public place, shop, inn or public conveyance; or (2.) Being in charge of any person so suffering, so (3.) Gives, lends, sells, transmits, or exposes without (4.) Being in charge of a public conveyance shall not shall be liable to a fine of five pounds. removal hospital in certain cases. 39.-(1.) Where any suitable hospital or place for the Order for reception of the sick is provided, any person who is suf- of infected fering from any dangerous infectious disorder, and is persons to without proper lodging or accommodation, or is lodged in a house so overcrowded that, in the opinion of the health officer, his continuance therein may probably lead to the spread of the disorder, may with the consent of the superintending authority of such hospital or place, be removed thereto by order of a District Commissioner. (2.) Whoever wilfully disobeys or obstructs the execution Penalty for of such order, shall be liable to a fine of five pounds. disobeying order. Council may &c. 40. (1.) The Governor in Council may from time to Governor in time make, and when made revoke or alter, rules for the make rules as treatment of persons affected with small-pox, cholera, yellow to epidemics, fever, or any other epidemic, endemic, or infectious disease, or to prevent the spread of any such disease, and may declare by what authority such rules shall be enforced and executed. (2.) Whoever wilfully neglects or refuses to obey or carry Penalty for out, or obstructs the execution of, any such rule shall be disobeying liable to a fine of twenty pounds. rules. XI. DOGS. License to keep dog. Form of license. Badge to be supplied with given up on expiration of license. 41. Every person who keeps a dog shall pay for it an annual duty of two shillings and sixpence and shall take out an annual license to keep it. 42. Dog licenses shall be in such form as the Treasurer shall direct, and shall be granted at Accra by the Treasurer and in other districts by the District Commissioner; and every license shall commence on the day on which it is granted and shall terminate on the 31st of December following; but no license shall be granted on payment of a less sum than the duty for a whole year. 43. Every person taking out a dog license shall be suplicense, and plied by the officer granting it with a metal badge to be worn by the dog for which the license is taken out; and at the expiration of any license the person to whom the badge was supplied along with it shall on demand deliver up the badge to the Treasurer or District Commissioner; and whoever refuses or neglects without sufficient excuse to deliver up such badge as aforesaid shall be liable to a fine of five shillings. Register of licenses. Penalty for without a 44. Every officer authorized to grant dog licenses shall keep a register of all such licenses granted by him, specifying the name and place of abode of every person licensed and the number of dogs which each person is licensed to keep. 45. Whoever keeps a dog without having a license for keeping a dog it in force, or keeps a greater number of dogs than he is licensed to keep, shall for every such offence be liable to a fine of twenty shillings for each dog so kept. license. Who to be deemed 46. Every person in whose custody, charge or posseskeeper of dog. Sion, or in whose house or premises, any dog is found or seen shall be deemed to be the person who keeps such dog, unless the contrary be proved. Penalty for license. 47. Whoever, having a dog license in force, refuses or not producing neglects without sufficient excuse to produce and deliver it to be examined and read by any constable or any inspector of nuisances within a reasonable time after request by such officer, shall be liable to a fine of twenty shillings. |