Passed by the [Legislative] Council 14 November 1838
A list of offences, summarised.
It is not lawful to paste or otherwise affix any placard or other paper upon any wall house or building without consent of the owner or occupier
It is required that houses and buildings be fitted with gutters or otherwise constructed to prevent rain dripping from the eaves onto the foot-ways of any street
Anyone damaging any public building wall parapet sluice bridge road street or sewer shall pay the costs of repair
Damage to streets by hauling timber, stone or anything not a wheeled vehicle, including things dragging from or overhanging a carriage, shall pay damages and a forty shilling fine.
Anyone driving a cart with night soil or ammoniacal liquid on the street between 5 am and midnight, or causing any such cart to overturn or lose its load, can be apprehended by any person or persons and taken before a police magistrate.
Likewise, any person emptying or beginning to empty privies, or conveying nightsoil away from any house in the town, between 5am and midnight, can be apprehended by any constable or person and taken before a police magistrate.
Impairing the streets by digging or opening ditches or sewers is not permitted.
Yards must be kept clean.
Any privy hog-stye slaughter-house or place of melting tallow or fat or any other matter that is deemed a nuisance to the inhabitants shall be removed, or else.
Dogs and bitches must be under the control of a competent person and not permitted to be at large. Any dogs or bitches found at large will be destroyed if the owner doesn’t claim them within twenty-four hours, unless the owner’s is on the collar, in which case it is twenty -four hours from when then owner has been notified.
No bathing in Sullivan’s Cove, North Esk River above the Glebe.
Neither dead nor live animals may be thrown into the Derwent River or the Tamar River.
Exposure of his or her person is not permitted in any street or public place
It is not permitted to beat or dust carpets in public places, nor drive a carriage for the purpose of breaking a horse, nor ride or lead any horse for the purpose of breaking, nor exhibit an entire horse (except in places set aside for the purpose), nor throw away or leave behind any ashes, rubbish, offal, dung, soil, dead animal, blood or other filth in any carriage-way or foot-way, nor kill, slaughter, dress, scald any beast, swine, calf, sheep, lamb or other animal such that the blood runs on or over any street or public place, nor place or drive a wagon, cart, dray, sledge, other carriage, wheelbarrow, handbarrow, truck, cask or barrel on a foot-way, and any bows and arrows or kites being flown in a public place can be seized and destroyed. (Yes, that is all one point, XXII.)
Stall-boards, chopping blocks, show-boards, baskets, ware, merchandize, casks or other goods may not be placed on or over carriage and foot-ways. Timber, stone, bricks, lime and other building materials can’t be left on foot and carriage-ways, nor can they cause meat, offal or other matter to be hung or exposed from a house or over a carriage or foot-way.
Goods should not be hung outside shops because it encourages thieves.
Awnings must be at least seven foot above the foot-way.
Erection of hoarding and scaffolding needs a licence from the Town Surveyor, and if it’s not removed in time it’ll be pulled down and sold by the Crown. The same goes for enclosing an area for the purposes of using bricks and stone, or building construction.
Blasting of rocks and rocks in town needs written permission
Holes made in the ground, for foundations or any other purpose, must be enclosed and have a light burning between sunset and sunrise.
Rails and bars over any openings below the foot-ways must be kept in good order or securely covered, and any doors to cellars, coal-holes or other areas below the level of the foot-way should be kept closed when not in use and maintained in good order
Any new cellars, doors or windows in or beneath the surface of a foot-way need the Town Surveyor’s consent.
Wells should be kept covered except when drawing water, or for repairs or cleaning, when they should be railed off and a light kept burning.
Drivers of carts and carriage, and riders of horse, causing damage through negligence or wilful misconduct, including being too far away to control vehicle or animals, will be fined five pounds
Owners of carts must paint their initials, surnames and place of trade or abode on the off-side of the cart in large legible letter in white on black or black on white at least one inch in height.
Animals grazing or tethered in town will be impounded.
Dogs, bitches and goats shall not be harnessed to carts for the purpose of drawing them
Negligent or furious driving not permitted in town
Discharging fireworks or a firearm without lawful cause not permitted in town
Burning of shavings or other matters or things in the street is not permitted.
Carters who ply a cart or dray for hire need to be licensed
Convicts, whether holding a Ticket of Leave or in assigned to private or public service, are not permitted in the street between 8 pm and daybreak without a written pass from his or her master, mistress or overseer
Constables can apprehend any person found drunk, swearing, using obscene or indecent language, insulting passers-by or disturbing the peace in the street or public places within five miles of town, at any time of day
Any person with five miles of town assaulting or resisting a constable in the execution of his duty will be fined up to 10 pound and pay for any damage caused to the clothes of the constable
Licensed publicans shall not permit any constable to be in his house, shop or room when they are supposed to be on duty elsewhere
Houses, ships, stores and other places shall not be open for trading or dealing on the Lord’s Day (excepting bakers, pastry-cooks & confection prior to 10 am and between 1 and 3 pm; apothecaries and chemist at any time; and licensed publicans as allowed in the Licensing Act).
Playing games in public billiard rooms and other places of amusement is not permitted on Sunday. Any gatherings for the purposes of gambling or playing games on Sundays are to be dispersed, and any implements, instruments or animals being used are to be seized.
Convicts, whether holding a Ticket of Leave or not, are not permitted to play in public billiard rooms, or remain in such when other people are playing
Sailors guilty of disorderly conduct, drunkenness, insubordination or refusing to work can be apprehended on a complaint by the master of the vessel.
Any sailors deserting or absenting themselves from their ship can be apprehend and returned to their ship or, at the request of the master of the vessel, committed to gaol until the vessel is about to leave
Constables may go on board any ship where they suspect disorderly conduct is taking place and, with permission of the master of the vessel, apprehend any persons guilt of disorderly conduct, insubordination or refusing to work
Any sailors in a street or public place between 9 pm and sunrise must have a written pass from the master of the vessel to which he belongs, or a discharge from the last vessel to which he belonged.
The following are considered to be idle and disorderly persons for the purposes of this Act, and are liable to committed to hard labour in gaol for up to three months:
– wandering abroad or lodging in any barn, out-house, unoccupied building or the open air, not having a visible means of subsistence and not giving a good account of himself or herself
-wilfully exposing to view in any street road or public place any obscene print or picture
-begging or gathering alms in a public place, or causing or encouraging any child to do so
-gathering alms or endeavouring to procure charitable contributions under a false pretence
-wilfully and obscenely exposing his person in any street or place of public resort or in view therefore with intent to insult any female
-having in his or her possession any key, pick-lock, crow, jack bit, or other implement with intent to break into any dwelling house, warehouse, coach-house, stable or outbuilding, or having upon him or her any instrument with intent to commit any felonious act
-found in or upon dwelling house, warehouse, coach-house or out-house, or in any enclosed yard or garden for any unlawful purpose
*Common prostitutes wondering in the streets or public place and behaving in a riotous or indecent manner
*Suspected person or reputed thief frequenting any street, public place, quay, wharf, river or navigable stream or any avenue leading thereto with intent to commit felony