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PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 46

Provision for filling up cesspools, &c.

46. If it shall appear to the [district council] ... that any cesspool or
other receptacle used or formerly used as a receptacle for excreta or other
obnoxious matter, or for the whole or any part of the drainage of a house, or
that any ashpit or any well or disused well belonging to any such house or
part of a house is prejudicial to health, or otherwise objectionable for
sanitary reasons, and that it is desirable that the same should be filled up
or removed, or so altered as to remove any such objection as aforesaid, the
[council] may, if they think fit, by notice in writing, require the owner or
occupier of such house or part of a house within a reasonable time, to be
specified in the notice, to cause such cesspool, receptacle, ashpit, or well
to be filled up or removed, and any drain communicating therewith to be
effectually disconnected, destroyed, or taken away, or to cause such cesspool,
receptacle, ashpit, or well to be so altered as to remove any such objection
as aforesaid.

Where it appears that any such cesspool, receptacle, ashpit, or well is used
in common by the occupiers of two or more houses, or parts of houses, the
notice for filling up or removal of any such cesspool, receptacle, ashpit, or
well may be served on any one or more of the owners or occupiers of such
houses, and it shall not be necessary to serve such notice on all such owners
or occupiers.

If default is made in complying with the requisitions of a notice under this
section the [district council] may themselves carry out the requisitions, and
may recover the expenses incurred by them in so doing from the owners or
occupiers in default in a summary manner as a civil debt, or, where the owners
are the persons liable, as private improvement expenses are recoverable under
the Public Health (Ireland) Acts, 1878 to 1900.


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© 1907 Crown Copyright

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