QUATRE BORNES REGULATIONS 1897GN 8111897 (Lane 111629) ‑ sections 8 and 164 ‑ 8 April 1897 PRELIMINARY DEFINITION OF TERMS In the present regulations, the following words and expressions shall have the meanings hereinafter assigned to them "town" means the town of Quatre Bornes as defined in the Local Government Act; "Council" means the Municipal Council of Quatre Bornes; "public way" means any road which the public have or shall have right to use and includes all public places, highways, thoroughfares, carriageways, cartways, horseways, footways, cause‑ ways, and lanes. MANAGEMENT AND MAINTENANCE OF PUBLIC WAYS 9. A fine not exceeding 100 rupees shall be awarded against­ (1) Any person who obstructs a public way by leaving thereon, or causing another person to leave thereon, any material or thing whatsoever which may hinder or impede free and safe passage on the same; provided that this regulation shall not be applicable to any person who so obstructs a public way by order, or with the authority, of the Council. (2) Any person who, except by order or with the authority of the Council, makes or causes another person to make an excavation in a public way, or who does any act by which such public way may be injured or the level thereof altered. (3) Any person who, having been authorised by the Council to place any materials on a public way, or to make an excavation in such public way, neglects to have the said materials or the said excavation properly fenced off, and to have a light placed on, or by the side of, the same from sunset to sunrise. (4) Any person who, except by order or with the authority of the Council, injures, fills up, or obstructs, or causes another person to injure, fill up, or obstruct any ditch, or drain, or gutter, along any public way or who does any other act by which such ditch, drain or gutter may be injured. (5) Any person who encroaches on a public way by means of trees or bushes planted upon his property, or by erecting any building, fence, enclosure or work of any description. (6) Any person who, having been authorised by the Council to construct or establish enclosures or make excavations on or in a public way, does not, after completion of the works, remove the said enclosures, or fill in the said excavations in such a manner as to restore the said public way to its original condition. (7) Any person who erects a privy or causes a privy to be erected along a public way, or in view thereof. (8) Any person who, having erected a privy or caused a privy to be erected, along a public way, or in view thereof, maintains it in the same place, after he has been ordered by the Council to remove it therefrom. (9) Any person who places upon a window, balcony, or elsewhere, any article the fall of which may hurt persons passing by. (10) The owner or occupier of any premises who neglects to destroy the weeds growing on the footway along such premises, or who, if there be no footway along such premises, neglects to keep clean at all times the slope extending from his enclosure (wall or hedge) down to the gutter or ditch exclusively. (11) Any person occupying any property within the limits of the town, or the owner, if the property be not occupied, who neglects or refuses to trim the hedges of bamboo or other similar plants bordering on a public way, so as to prevent encroachment either on the footway, gutter, ditch or public way, and so as to leave the said footway, gutter, ditch and public way, entirely free at all times; care being taken to cut the said hedges or plants in a perpendicular line to the inward edge of the footway. (12) Any person who allows bamboo hedges at any time to grow to a height of more than three metres from the level of the public way, and the hedges of the bamboo flora, or bamboo balai (melica latifolia) now existing, to a height of more than two metres from the level of the public way. (13) Any person who does not cause the trees growing on his premises and projecting on a public way to be lopped, so as to admit of a free passage perpendicular to the inward edge of the footway, and to prevent them from being noxious to the preservation of the public way. (14) Any person who, when trimming hedges, trees or shrubs, places or causes another person to place on the footway, or public way within the same day, or for more than three days in succession, more than one cartload of the cuttings of such hedges, shrubs or trees. (15) Any person who, without the permission of the Council, erects, fixes, or sets up, or causes to be erected fixed, or set up, on a public way, any tent, rope, stake or post. (16) Any person who, without the permission of the Council, sets up, or causes another person to set up, any prop or enclosure, encroaching on a public way, or any shed, table for exposing goods, trapdoor, or other work calculated to obstruct the said public way. (17) Any person who leaves, or causes another person to leave, in a public way or in any field, or open yard, any crowbar, weapon or other instrument, of which any improper use may be made by malefactors. (18) Any person who does not fasten the shutters of his house or outhouses, or the gate of his enclosure, in such manner as people passing by may not be obstructed or hurt by the same. 1 (19) The owner or occupier of any premises who neglects to cause the footway along his premises to be swept, and to collect the sweepings together, in sufficient time for the removal thereof by the carts used for that purpose. All sweepings and house‑refuse must be placed before eleven a.m. near the public roadway adjoining every dwelling situate in the town; and no such sweepings or house‑refuse shall be so placed after eleven a.m., nor in places inaccessible to the scavenging carts, nor on Sundays. If such sweepings and house‑refuse are placed in any box, bag or other receptacle, the contractor shall be bound to empty those receptacles into his carts and to leave them on the spot, and the owner or occupier shall be bound to remove them within an hour after the passing of the scavenging carts. (20) Any person who deposits, or causes another person to deposit, in a public way any rubbish or other thing which the contractor for cleaning the town is not bound to remove or which is of such a nature as to obstruct free passage on the said public way. (21) Any person who throws or deposits or who causes another person to throw or deposit, filth or any other noxious thing into or near any stream, canal, running water, fountain or public reservoir. (22) Any person who throw is or deposits or who causes another person to throw or deposit, in a public way, any dung, filth, offal, or other offensive matter whatsoever. (23) Any person who throws, o. causes another person to throw, in a public way, any fruit, rind, fruit stone, waste vegetable or such other refuse. (24) Any person who allows any fetid or filthy water to run or flow on a footway, or public way,from his premises. (25) Any person who, though authorised by the Council to spring a mine, does so without taking all requisite precautions to protect passers‑by and the neighbourhood, and without giving three minutes' previous notice of the firing, even if no harm or injury should ensue therefrom to persons or property. (26) Any person who lets off any fireworks or ignites any explosive substance upon a public way or upon either side thereof, or who does either of the said acts in such proximity to a public way as to cause injury to any person or property, or to any carriage travelling along the public way, or to startle or injure any animal upon the same. (27) Any person who destroys, breaks, injures or removes any lantern or lamp hung up by authority upon or near to any public way, or who extinguishes the light of such lantern or lamp without authority from the Council or the person in charge thereof. (28) Any person who, except by order or with the authority of the Council, breaks, cuts, throws, or pulls down, or injures any sign‑post, stake, barrier, parapet, plate, bearing the name of a public way, or other works of any description placed on, above or near any public place for the public convenience or who effaces, changes, alters or destroys any of the letters or marks inscribed or painted on any such article or work. (29) Any person who interferes in any manner with works performed by the Council, or by its order or with its authority, on a public way, either in connection with the repairing of the said way or for any other purpose. (30) Any person who allows an animal belonging to him to stray on any public way. CONSTRUCTION OF FOOTWAYS AND OF CAUSEWAYS IN FRONT OF TENEMENTS 10. The Council shall determine the line of all footways according to the title deeds of the proprietors or to the lawful width of the street. 11 . Any proprietor who shall be desirous to have a footway constructed at his own expense must previously ask the Council to fix the line, dimension and level thereof, and must have such footway made in accordance therewith and within the period which shall be assigned to him by the Council. 12. No proprietor shall place before the entrance of his premises a causeway in stone or other material without being authorised to do so by the Council. 13. Any person having before his door a causeway, in stone or other material, placed over the road drain so as to obstruct the course of the water in the said drain, shall be bound to have the said causeway removed, upon notice to that effect being given to him by the Council; and he shall be allowed to have the same rebuilt, provided the drain be not obstructed in any manner. 14. Any person who commits a breach of any of the provisions contained in regulations 10 to 13' shall be liable to a fine not exceeding 100 rupees. LAYING OUT OF STREETS AND PUBLIC WAYS 15. Any proprietor desirous to erect any building whatsoever at the legal distance of a public way, or to alter or repair any building existing at such legal distance, shall be bound to apply to the Council for leave to do so. 16. No person shall be allowed to raise a balcony, shed, pentice or any construction projecting over the public road, without the authority of the Council. 17. Any person desirous to enclose with hedges of bamboo or other plants. the frontage of the property owned or occupied by him, shall be bound before he makes such enclosure, if the property borders on a public way, to ask the Council to lay out the line of the said public way, and to authorise him to plant such hedges, and he shall further be bound to plant such hedges one metre and thirty centimetres (four feet) at least inside the boundary line of his property in order that such hedges may not, in course of time, encroach on the width of the gutter, ditch, footway, or public way. 18. It shall not be lawful to enclose the frontage of a property bordering on a public way with hedges of melica latifolia commonly called bamboo flora or bamboo balai. 19. Any person desirous to enclose with any wall, fence, quickest hedge, palisade, or enclosure of any description, the frontage of the property owned or occupied by him, shall be bound, before he does so, if such property borders on a public way, to ask the Council to lay out the line of such public way, and he shall not make any such enclosure until the paid line has been laid out. 20. Any person who commits a breach of, any of the provisions contained in regulations 15 to 19 shall be liable to a fine not exceeding 100 rupees.  

64 Powers of inspectors

(1) subject to subsection (2), every Inspector of a local authority
(a) shall have the powers, privileges and immunities and perform the duties of a police officer in the execution of all summonses and orders issued in relation to any offence against a law relating to a local authority or an offence committed within the limits of the boundaries of the towns, districts and villages as under any enactment specified in the First Schedule;
(b) may seize any article or animal which is the subject or matter of an offence under any enactment relating to a local authority where (i) the seizure is necessary for the purpose of establishing the offence; or
(ii) the article or animal is liable to confiscation;
(c) may, without warrant, arrest any person for any offence under any enactment relating to a local authority where the person
(i) not being known to him, refuses to give his name and address or gives a name and address which he has reason to consider to be false; or
(ii) runs away or attempts to run away, rescues any article way obstructs, [sic] hinders, opposes or molests the inspector;
(d) shall wear such uniform, and carry such staff or other insignia of office as the local authority shall, with the approval of the Minister, determine.

(2) (a) Any offender who is arrested pursuant to subsection 1(1)
(b) When the person arrested is not released, he shall be taken as soon as possible before a Magistrate.
(c) shall be taken forthwith to the nearest police station and the officer for the time being in charge of the station, if he is satisfied with respect to the name, position and place of abode of the person arrested, may release him provisionally after recording all the particulars concerning the case in the occurrence book of the station.