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PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 51

Examination of drains, &c. on complaint of nuisance.

51. On the written application of any person to a [district council], stating
that any drain, watercloset, earthcloset, privy, ashpit, or cesspool on or
belonging to any premises within their district is a nuisance or [prejudicial
to health] [or where ... the [district council] have reason to suspect that
any such drain, watercloset, earthcloset, privy, ashpit, or cesspool is a
nuisance or [prejudicial to health]], it shall be lawful for [such officer as
may be authorised by a district council], after twenty-four hours' written
notice to the occupier of such premises, or in case of emergency without
notice, to enter such premises, with or without assistants, and cause the
ground to be opened, and examine such drain, watercloset, earthcloset, privy,
ashpit, or cesspool. If the drain, watercloset, earthcloset, privy, ashpit, or
cesspool on examination is found to be in proper condition, he shall cause the
ground to be closed, and any damage done to be made good as soon as can be,
and the expenses of the works shall be defrayed by the person making the
above-mentioned written application. If the drain, watercloset, earthcloset,
privy, ashpit, or cesspool on examination appear to be in bad condition, or to
require alteration or amendment, the [district council] shall forthwith cause
notice in writing to be given to the owner or occupier of the premises
requiring him forthwith or within a reasonable time therein specified to do
the necessary works; and if such notice is not complied with, the person to
whom it is given shall be liable to a penalty not exceeding [50p] for every
day during which he continues to make default, and the [district council] may
if they think fit, execute such works, and may recover in a summary manner
from the owner the expenses incurred by them in so doing, or may by order
declare the same to be private improvement expenses, as well as the expenses
incurred in the previous examination.

District council to provide for cleansing of streets and removal of refuse.

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