DOI Page / Citation link:
https://doi.org/10.11588/diglit.34369#0148
ACT XXI.
Effect of probates
and letters granted to
Actnottoextendto
the property of British
subjects.
Magistrate to issue
injunction.
Enforcement of such
injunction.
138
[A.D. 1841.
who has obtained a certificate, the executor or administrator, as the case
maybe.
XIV. And it is hereby declared and enacted, that all probates and
letters of administration granted by any of her Majesty's courts in cases in
which any assets belonging to deceased persons were, at the time of their
deaths, within the local jurisdiction of the court granting the probate or
letters of administration, shall have the effect of probate and letters of
administration, granted in respect of the property of British subjects, but
for the purpose of the recovery of debts only, and the security of debtors
paying the same; except so far as is in this Act provided.
XV. And it is hereby provided, that nothing in this Act contained shall
be held to extend to the property of any person usually designated as a
British subject.
A.D. 1841. ACT XXI.
AN AcTjfbr .- PASSED
.NwaoMraA/d ^ q/" m CoMMcz/, (PA q/
1841.
I. It is hereby enacted, that it shall be lawful for any magistrate, when
the public benefit and comfort are in question, to cause unlawful obstruc-
tions and nuisances to be removed from thoroughfares and public places,
and to suppress or cause to be removed to a different place, trades or
occupations injurious to the health or comfort of the community, and to
prevent such construction of buildings and such disposal of combustible
substances as may appear to him likely to occasion conflagration, and to
cause the removal of buildings in such state of weakness, as, by the pro-
bability of their falling, may appear to him to expose individuals to
danger.
II. And it is hereby enacted, that, in exercising the authority conferred
by the above section, the magistrate shall, after holding such inquiry as may
satisfy him of the necessity of proceeding under this Act, issue an injunc-
tion, which, if practicable, shall be served personally on the parties con-
cerned ; but if such service shall be impracticable or very inconvenient,
the injunction shall be notified by oral proclamation, and a written notice
thereof shall be set up at such place or places as may be best adapted for
conveying information to the parties concerned. And in case such injunc-
tion be not obeyed, the magistrate may compel observance thereof by
force, and punish disobedience by fine not exceeding two hundred rupees,
or by imprisonment without labour for any period not exceeding one
month ; and if the magistrate finds it necessary to incur expense in removing
noxious or dangerous articles or buildings, it shall be lawful for him to
Effect of probates
and letters granted to
Actnottoextendto
the property of British
subjects.
Magistrate to issue
injunction.
Enforcement of such
injunction.
138
[A.D. 1841.
who has obtained a certificate, the executor or administrator, as the case
maybe.
XIV. And it is hereby declared and enacted, that all probates and
letters of administration granted by any of her Majesty's courts in cases in
which any assets belonging to deceased persons were, at the time of their
deaths, within the local jurisdiction of the court granting the probate or
letters of administration, shall have the effect of probate and letters of
administration, granted in respect of the property of British subjects, but
for the purpose of the recovery of debts only, and the security of debtors
paying the same; except so far as is in this Act provided.
XV. And it is hereby provided, that nothing in this Act contained shall
be held to extend to the property of any person usually designated as a
British subject.
A.D. 1841. ACT XXI.
AN AcTjfbr .- PASSED
.NwaoMraA/d ^ q/" m CoMMcz/, (PA q/
1841.
I. It is hereby enacted, that it shall be lawful for any magistrate, when
the public benefit and comfort are in question, to cause unlawful obstruc-
tions and nuisances to be removed from thoroughfares and public places,
and to suppress or cause to be removed to a different place, trades or
occupations injurious to the health or comfort of the community, and to
prevent such construction of buildings and such disposal of combustible
substances as may appear to him likely to occasion conflagration, and to
cause the removal of buildings in such state of weakness, as, by the pro-
bability of their falling, may appear to him to expose individuals to
danger.
II. And it is hereby enacted, that, in exercising the authority conferred
by the above section, the magistrate shall, after holding such inquiry as may
satisfy him of the necessity of proceeding under this Act, issue an injunc-
tion, which, if practicable, shall be served personally on the parties con-
cerned ; but if such service shall be impracticable or very inconvenient,
the injunction shall be notified by oral proclamation, and a written notice
thereof shall be set up at such place or places as may be best adapted for
conveying information to the parties concerned. And in case such injunc-
tion be not obeyed, the magistrate may compel observance thereof by
force, and punish disobedience by fine not exceeding two hundred rupees,
or by imprisonment without labour for any period not exceeding one
month ; and if the magistrate finds it necessary to incur expense in removing
noxious or dangerous articles or buildings, it shall be lawful for him to