Section 6. Whoever sets fire to or burns any fittraw or other matter, or lights - any bon-fire, or wantonly dis

6. Whoever sets fire to or burns any fittraw or other matter, or lights - any bon-fire, or wantonly discharges any fire-arm or airLighting fires and discharging puur;, firegun, or lets off or throws any fire-work, or sends up any works, &c. " hre-balloon. . . XXIV. Within such parts of the said Suburbs or Stfatioil as shall be from Beating drums, tomtime to time defined by the laldagisirat*e with the sanction toms, &c. of the Lieutenant Govenior of BengaI, whoever bests s (9mxm or tom-tom, or blows a horn or trumpet, or beats or sounds any metal instrument or utensil, between the hours of ten at night and four in the morning, in any public street, road, or thoroughfare, so `as` to disturb the repose sf the inhabitants, except when permitted by the Xagistrats on occasions of festivals and ceremonies, shall be liable to a fine not exceedi~lg twenty Rupees. XXB. Whoever , ACT No* XXI OF 18;Yn XXV. Whoever deposits, or perlaits his servants to deposit, any d~xsh, Depositing dirt on dirt, dung, ashes, garden, kitchen or° stable refuse, or filth street, &c. of any kind, or any animal matter, or any broken glass or earthen-ware, or other rubbish, in any sheet, or on any public quay - jetty, ghant, or landing place, except in such places and `in` such manner alad at such hours as shall be fixed by the Magistrate; or throws or puts, or permits his servants to throw or put, any such substances into any public.. sewer or drain, OP into any drain co~nrnumicating thcrewith-shall be ,~~+~v.;,;:9~,p$v<,+* , . . i , . .g'.E& : : , ~o&~exE~eBl$$ . , - - , `&g~~~Pee~~;:~j~i1jjpfd$i,;&$ij1fi,9:` , - . ;; %, ; , && `a` < . :.; . ?., ".~;- .;:;.7w. ,;. . ,.,.,+?. v . 2.; ,, ,,:s .j:$y;s)$$ $ .., ,":.&;< :.&;< ; .:.- '>' '>' , . .j:$y;s)$$ $ .., ,":.&;< :.&;< ; .:.- '>' '>' XXVI. TiPhoever causes or allows the water of amg. sink or sewey, ~ l lsewerage ~ ~ to i[or ] ~ [8 ~ y ] ~ other offensive llcltaid matter, belonging to him or flow on streets. being on his land, to rnn, drain, or be thrown or put upon any street 1; or causes or allows any offeosive matter from any sewer or privy t o run, drain, or be thrown into a surface drain in any street-shall be liable to a fine not exceeding ten Rupees. XXVIL. ,Whoever builds any wall, or erects or sets up &nay. 'fence, obstructions rail, post, or other obstruction or encroachment, in any in Or public street or road, or in or over any open drain, sewer, or aqueduct along the side of any such street or road after the passing of this Act, shall be liable do a fine not exceeding one hundred Rupees ; and the Magistrate shall have power to remove any such Power to remove. obstruction or encroachnent;; and the expense of such removal shall be paid by the person erecting the same, and shall. be recoverable as hereinafter provided. `s` any alteration in the pavement or other maierials, or in the fences or posts of Taking up pzvements. any public street, without the consent in writing of the Xagisdrate, or without other lawful authority, shall be liable to a fine not exceeding fifty Rupees, XXHX, The Magistrate may give notice in writing to the owner or occupier of any house or building Lo remove or dter any Putme projectio~s from houses to be yeprojection, encroachment, or obstruction, whicl~, after moved. the passing of this Act, ahall be erected or placed again& or in front of such house or boilding, if the same overhangs, or jats into, cjr in any way projects or encroaches upon, or is an obstruction to the safe and convenient passage along any public street, or obstructs or projects, or encroaches into or upon any uncovered aqueduct, drain, or server - in such street; and such owner or occupier shall, wiF11in fourteen days after the service of such notice upon him, remove such projection, encroachment, or obstmction, or alter the same in such manner as shall have been directed by theMagistrate ; and in defhult thereof, shall be liable to a fine not exceedinp proejection, encroachment, or obstruction ; " and the expense of such removal sh>l be paid b+ the owner dr occupier o making default, and shall be : `B` `1` recoveribleias he einafter p!ovided, `.i` XXX. The Magistrate may cause any such projection, encroachment, Removal of existing k or obstruction erected or placed against or in front of any projectionsfrom houses. house or building, in an; public street before the passing or" this Ad, to be removed or altered as he shall thiiak fit ; provided that he give notice of such intended removal or alteration Notice of removal. to the occupier of the house or bulidiilg against or in front of which such projection, eacroachmept; or obstruction shall 'be, thirty days before such alteration or removal is begun ; and if such projection, encroachment, or obstixction shall have been lawfully to be made. I made, he shall nna1ie reasonable compensation to every person who suffers damage by such removal or alter~tion. XXSL. \Vhen any house `or` building, any part of which projects 130uses projectingb'e- $, beyond the regular line of a public street, or beyond the yoncl!ke of street when kdzer, don'a to be set[front of the hoilse ][or ][building ][on ][either side thereof, ] IJZCIL I has been taken down in order to be re-built or altered, i) the I3agistrate may raquii-e the same to be set back to or towards the lins of the street or the line `cd` the adjoining houses or buildings, and shall make reasonable compensation to the owner of any such house ox building for any damage he may the~eby sustain. If any dispute shall arise touching the amount of cclmpensation io be' alL9lowed under th.is oh the precedirmg sectioa, the same shall be set'~1ed in the manner provided by the laws in force f ~ r the settlenleiat of diaptea respecting eompemaation for lands take;: fcr public purposes XXXIT. The ! ACT No. XXI OF 1857. XXXII. The Magistrate may give notice to the owller or occupier of any land to cut a,nd trim any hedges and trees Power to trill1 hedges a11.d trees borcleriug overhanging any public road or street, so as to ron.ds.. obstruct the passage or to cause ctanlage thereto ; and in the event df such notice not being complied with wiihin eight days-,. from the date thereof, Lke Magistrate may cause the said hedges andtrees to be cut and trim~ued in the manner required ; and the expense incurred he Magistrate in respect 'cher ecoverabr& as- 42.er&$n,xfteT 13~5) - X.XXIII. If, in any street, any house, building, or wall, cr ally thing Houses in a ruinous affixed thereon, be deemed by the Xagistrate to be in `a` and dangerous state. ruinous state or likely to fall, or in any way dangerous to the ii~habitants of such house or building, or to the neighbou.ring houses or buildings, or the occupiers thereof, or to passengers, he may cause notice in writing to be given to the owner, if he be known and resident within the limits of his jurisdiction, and may dso cause such notice to be put on the door or other conspicvlous part of the said premises, or otherwise to be givert t o the occupier tl~ereof (if any), requiring such owner or occupier forthwith to take down, secure, or repair such honse, buildiilg, wall, or thing affixed thereon, as the case shall require ; and if such owner or occupier do not begin to repair, -take down, or securg the same within three days after such notice, complete such work with due diligence, the Magistrate may cause all or 80 mucl[z of such house, building, wall, or thing, as he shall thinls. necessary, to be taken down, repaired, - or otherwise secured ; and all the expenses sl~u34. be pbd by the owner of the premises, and aha11 be recoverable from Barn as hereinafter provided. XXXHV. If any such honse, build-ing, or wall, or any part of the same, sale of materids of be pulled down by virtue of the powers aforesaid, the r~lii~ous l~ouses. Magistrate may sell the materials there06 * or of so much of the same as shall be taken down, and apply the proceeds of such sale in payment of the expenses incurred, and sl-rall restore any overplus arising from such sale to the owner of such house, building, or wall or% demand. The T&ngistrate, although he sell such materials for the purposes aforesaid, shall have the same remedies for compelling the payment of so much of the said ACT No, XXI os 1857. said expenses as m y remain due after the application of the proceeds of such sale, `.as` by :.$hisgulch :are given t o him for?;e~mpelling: 0hepayment,bf wll~le of the sadid expenses, XXXV. Whoever, ,being the occupier of a. house in or near any - Penalty on occupier street, keeps or allows to be kept for more than twentyof a ]louse not remov- four hours, or otherwise than in some proper receptacle, ing filth. any dirt, dung, bones, ashes, night-soil, filth, or any noxious or bffensive$mattey, id or upon the robf -bf such house, 02 in ahy out- r 8 house, yard, or ground attached to and occupied with such house, or suffera such' receptacle to be in a filthy or noxious state, or neglects to employ proper means to reiilove the filth therefrom, and to cleanse and purify the same, shall be liable to a fine not exceeding fifty Bupees, - XXXVI. \FTlhoever, being the owner or occupier of any house, building, or land, in or near a n y street, whether tenantablz or otherFilthy houses, &c. wise, suffers the same to be `in` n filthy and unwholesome state, or overgrown with rank and noisoine vegetation, shall be liable to a fine not exceeding fifty Rupees, and to a fine not exceeding five Eupees for every day after conviction for such offence during which the ogence is continued. eing the owner or kkeper of any Cattle, Sheep, or Pigs, auRers the stall, pen, or place in which tlaey are Penalty for keeping . sheep-pen, kc., in a kept, in or near any street, to be in a fibhy or noxious , filthy state. state, or neglects to employ proper means to remo.sYe the filth therefrom, shall be liable a fine not exceeding twenty Rupees. XXXVIII, - The Magistrate may license, such necessaries for public Licellsing of public acc~mmodation as he, from time to time, may think proper; necessaries. , and whoever keeps any public necessary without such license, or, having a Ecense fhr a public necessary, suffers the same to be in a filthy or noxious state, or neglects to employ proper means for cleansing the same, shall b&liable to a fine not exceeding fifty Rupees ; and the license may be cancelled. XXXIX. Whoever, being the owner of any private drain, privy, or cesspool, neglects or refuses, after warning from the Penalty for keepiyg private drain, `&o., u1` Nagistrate, to keep the same in a proper state, shd% be improper state. liable t o a fine no% exceeding fifty Rupees, + 1 XL. Whoever bathes in any public tank, the water `of` whicl~ shall have been cleclmed by the Nagisirate to be appropriated to the Fouling water bydoiliestic use of the inhabitants ; or v~ashes, or causes to Bathing. Wa,slshing. be washed therein, any horse, d-og, or other animal, or any wool, cloth, or wearing apparel, or any ~xtensils for cooking or o'cher purposes, or leather, or the s!;in of any animd, or other foul or offensive thing ; o r tllro~~s, pnts, or casts, or causes to enter therein, other unwholesome or ogensive liquid matter or thing - belonging to him or flowing from any honse or building or from any ground occupied by him ; or does any thing whatsoever whereby any such water shall be `in` any degree fouled or corrupted-shall be liable to a fine not exceeding RRy Rupees. I XLI. When any tank or other excavation containing waste or stagnant water, the same being within any private enclosure, Power to fill up unwholesome tanlis 0-u appears to tlie Magistrate to be injurious to health, or to be private premises. offensive to the neighbourhood, it shall be la~vful for the Magistrate to require, by notice in writing, the owner of the premises to cleanse or fill up such tank or excavation ; and if he do not begin to cleanse or fill up the same within one weel< after such notice, and do not complete such work with due diligence, the Nagistrate, his o%cers, and workmen, may enter into the said premises and do all necessary acts for the purpose aforesaid as he shall think A t ; and the expense incurred thereby shall be paid by the owner of such premises, and shall be recoverable 2,s hereinafter provided. 1 The Magistrate may, from time to t h e as he shall see fit, drain off into any sewers, xad cleanse and fill up, or otherwise Power to drab off aTld cleanse stagnallt abate, any stagnaJnt pool, ditch, tank, pond, or other receppools in open places. tacle of water (the sanie not being within any private enclosure) which shall appear to him to be useless or unnecessary, or likely to prove injurious to the health of the inhabitants, whe-hher .&he same be the private property of ally person or o-tl~erwise. d XLIIT, No - . , . ACT Xo. XXI OF 9857d XLIICI. No person intending to build, or take down, alter, or repair any for lightbuilding, shall deposit any building materials, or make a materials or d e ~ ~ " t s buildillg escavahole in any street? without the permission of the Ma gistions. trate ; and when such permissioll is granted to any peison, he shall, at his own expense, cause such materials or such hole to Be sufficiently fenced and enclosed until the materials are removed, or the hole is filled up or otherwise made secure, and shall cause the same to be suifikiently lighted - - during the night ; and whoever deposits materials or niakes a hole without @@: . . . 8 . . @.i,$,i,;ir;${, ./ . / 1;; ::i;;j.3: :, :; , 2i;p>: .., <, ..Y,i:>$: ?.;.. !~~~&gx~~;~j;;~;;i!$;&.~g: ,, ? $< . l,if,,?t3Lt. ;%i&g.!.~r$enclg,;e&::@2, iQ `i&~~$;*d~i~$96i$p2%i~:~~J3!:$252,<~k~i9?iz5i::.:?.y?!?;:` -. <.... "" . `..,a,` . . . .-: ,.< 4..'..i.s.,2 $;$%$,:Lii%:k? j :.!l or docis not: remove `.duch` matersals orfill up 3s6ch1101e when the permission has been ~vithclrawn, shall be liable to a fine not exceeding fifty Rupees, and a Iu'urther fine not fifty Rupees 9' lor every ,day while the offence is contihours9 notice from the Nagistraie. XLHV. If any building, tank, well, or hole, or other place, be, for want 9f sufficient repair, protection, or enclosure, dangerous Places dangerous to , passengers to be reto passengers, the Magistrate shan cause the same to be paired or enclosed. repaired, protected, or e~zclosed, so as t'o prevent danger therefrom ; and the expenses of such repair, protection, or enclosure, slzall be paid by the owner of the property so repaired, protected, or enclosed, and shall be recoverable as hereindter provided. XLT. No place, w6ch is not used as a slaughter-house at the time of Penalty for esta-[the passing of this Act, shall be so used without a license ] blishhlg a slaughter- `ih` writing from the Magistrate ; and whoever uses as a house without license, , after passing of hct. slaughter-house any place not so used at the time of the ' passing of ibis Act, without such license, shall be liable to a fine not exceeding one hundred Rupees, and a fine not exceeding fifty Rupees for every day after the conviction for sucli offence during which the said offence is continued. XLVL Every,owner or occupier of any slaughter-house, or of any market or shop for the sde of but*cher3s meat, fish, or vegetaPenalty for keeping slaughter-house in im-[bles, shall keep the same in ][a ][cleanly and proper state, and ] proper state. shdl admit at all reasonable hours any person authorized by the PdIagistrate to enter and inspect the same ; ' and the owner or occupier of any sucli slaughter-liouse, market, or shop, which shall not be kept in a cleanly and proper state, shall be liable for every default to a fine not exceeding twe1ity Rupees. XLVEH. Within ACT No. XXL OF 1857* XLVilI. Within the limits which shall be prescribed for the purposes of Penalty for establish-[this Section by the Lieutenant-Governor of Bellgal, no ] `in,` gerons trades offensive and within danplace shall he newly used, except; under license from the certaiu limits. Magistrate, for any of the following purposes, naniely, for - - - melting tallow-or for boiling offal or blood-or as a soap-house-oil-boiling %vholesome sinells arise-or as a yard or depBt for hay, straw, wood, or coal ; and wlioe-aer, without a license, uses any such place lor se~ch purpose, shall be liable to a fine not exceeding two hundred Rupees, aiid a fine not exceeding fifty Rupees for every day after the conviction for sucli offence during whicll the said b~ence i~ continued. h X 8 `1` XLVITI. No burial or burning pound, whether public or lrri-aate, shal xo burial or b-7m;np be made or formed after the passing of this Act, otherwise pla~eheucefortll to be than by or under the authority of the Lieutenaiit-Governole constrncted w i t h o u t e v e of i s t e of Bengal, witliout - a license from the Magistrate ; and whoelTer shall bury or burn, or cause, permit, or suffer to be buried or burlied, any corlrse in any burial or burnine ground, made or formed without such license9 sliall be liable to a fine not exceeding two hundred 13upees. XLIX. If, upon the evidence of conipe'cent persons, it &all appear to tlie Magistrate that any burial or burning ground is in Magistrate may order certain burial or burnS U C ~ 8 state as to be dangerous to the health of persons ingplaces to be closed. living in the neighbolarhood thereof, and also `Lhat` a convenient place for interment or burning, ar the case may be. exists within a convenient distalice and is available, the Magistrate, witli the sanction of the Lieutenant-Governor of Bengal previously obtained, may, by notification to be affixed on some conspicuous part of the ground, appoint a time, not b r i q bss than two months, for the closing of such burial or burning ground ; and who- ever, zfter tlie time so appointed, buries or burns, or causes or permits to be buried or burned, any corpse therein, slia11 be liable to a fine not exceeding one hundredi Rupees. Penalty for, burying or burning m such places. L. It shdl be lawful for the T&a,gis.trate, by order in writing to be affixed at the principal Police Stations and also to be publirlied dogs. in some pul3lic newspaper> t'o appoint froin time to time S t r a ~ dogs. certain - ACT No. XX'I OF 1857 certain preiods within which ally dogs, found straying in the streets or bej70ild the enclosures of the houses of the owners of such dogs, may be clestroyed. LI. Any Police Officer may arrest without a ~varrant Police O%cer may arrest witlio~~t lvarrant any p e r ~ ~ n couwrnltting in his view any offence against this on view of offence. , Act, if the name and address of such person be unknown ' LIH. Any Police Officer may take into custody, avithout warrant, any person who is cliarged with cornmi'cting an aggravated Police Officer m a y talr e i n t o custody, assault, in every case in which he shall have good reason mithont warrant, persoils charged with ag-[to believe that such assault has been committed, although ] gravated re- , not in his view, and that, by reason of the recent eommiscently committed. i sion of tlie offence, a warrait codd not have been obtained for tlie apprehension of the offender. LIIL. Every person taken into custody without a warrant by a Police into[Officer under this Act shall be taken to the nearest Police ] by a Police Office, in order th't such person may be detained until he can be brought before the Magistrate, or until he shall Police Office until before a enter into recognizances, with or without sureties, for his Persoils taken into cnstody by a Police OEcer without warrant may be detained in Police Office until brought before a >fagistrate or bailed. >fagistrate or bailed. appearance before the Hagistrate. Any person so detained and not entering into recognizances sliall be carried before the Nagistrate witliin twenty-four BOLI~ from the time of his being taken into custody. , I LIT* IJpon'my information or complaint laid before the Nagistrate of 211y offence comlnitted against this Act, the Magistrate niay Yroced~~re on infor- on information or colnplaint sumn1on the person charged to appear at a time to be menlaid before the &lagisa t of an tloned in the suminons ; or, if he see sufficient cause for so against Shis Act. doing, may issue a warrant for his apprehension, The provisions of the general Regulations of the Bengal Code and Acts of the Goveriinient of India for the time being in force, relative to the issue and service of summonses and warrants, to the summons, tittendance, and examination of witnesses, and generaally to the trid of cases, to the recovery of fines and penalties, and to appeals against orders and sentences passed by a 9iagistrattte, shall be applicd3le to all eases mder this Act. Provided that, in Yroced~~re on infor- on information or colnplaint laid before the &lagisa t of an against Shis Act. all ACT Wo. XXI OF 1857, of this Act- LV: In all cases where any costs or espenses are by this Act directed to , nec6vcrg of c0s.t~ &! . be.ipafH, the ainoullt of the sam&,..,.:qha,ll expenses. determined by the NIagistrat,e ; anh tie that PLW-~OS~, summon the parties, andexamine &em and tlie witnesses 011 their behalf; and such a~nouni, together with the costs of the enquiry, shall be recoverable in the same manner as fines nlay be recovered. Any Joint 3!Iagistrate or Depl~ty IVIagistrate duly authorized -to exercise -the powers of a Nagistrate, and any Assistant Jurisdiction. vested with special powers, may, in cases referred to him by the Nagistrate, exercise all t11e powers vested in a &fagistrate by trhis Act. `r ,` L'BBH, A11 Rnes imposed and levied under this Act shall be applied ill aid of any fund aplilicaln!e to Bolice and Conservancy purApplication of fines. poses in t11e said Bub~~rbs or $tation ; and all costs and expenses which the Magistrate is hereby authorized to incur, shall be pz~id from md repaid - to such fund; or, if thme be no such fund, all such fines as ilforesaid shall be applied by the Nagistrzte to the cleansing or otherwise .improving of the said Suburbs or Station. I I LVIIZ. With respect to all n1a.ttep.s expressly provided for by this Act? and within the limits subject to the same, the provisions .%ct to supersede the provisions of ~ cXXI t of .&his Act shall be held to supersede the provisions of `of` 1841. Act XXI of 1844. LIX. In[bile ][construction ][of ][.this ][Act, ][words importing the singular ] number shall include the plural number, and words imhterpretation. porting the plural number shall include the singular number ; words inlporting the rna.sculine gender shall. include females. `cz` $GEEDELE $GEEDELE ACT No. XXI OF 1867.