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PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 118

Power to sell manure, &c.

118. The [district council], ..., shall be admitted into any premises for the
purposes of examining as to the existence of any nuisance thereon ..., at any
time between the hours of nine in the forenoon and six in the afternoon, or in
the case of a nuisance arising in respect of any business, then at any hour
when such business is in progress or is usually carried on.

Where under this Act a nuisance has been ascertained to exist, or an order of
abatement or prohibition has been made, the [district council], ..., shall be
admitted from time to time into the premises between the hours aforesaid,
until the nuisance is abated, or the works ordered to be done are completed,
as the case may be.

Where an order of abatement or prohibition has not been complied with, or has
been infringed, the [district council], ..., shall be admitted from time to
time at all reasonable hours, or at all hours during which business is in
progress or is usually carried on, into the premises where the nuisance
exists, in order to abate the same.

If admission to premises for any of the purposes of this section is refused,
any justice, on complaint thereof on oath by ... the [district council] (made
after reasonable notice in writing of the intention to make the same has been
given to the person having custody of the premises), may, by order under his
hand, require the person having custody of the premises to admit the [district
council], ..., into the premises during the hours aforesaid, and if no person
having custody of the premises can be found, the justice shall, on oath made
before him of that fact, by order under his hand, authorise the [district
council], ..., to enter such premises during the hours aforesaid.

Any order made by a justice for admission of the [district council], ..., on
premises shall continue in force until the nuisance has been abated, or the
work for which the entry was necessary has been done.

[A district council may arrange for the discharge of any of their functions
under this section by any of their officers.]


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