[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> PUBLIC HEALTH (IRELAND) ACT 1878

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 120

Penalty for disobedience of order.

120. All reasonable costs and expenses incurred in making a complaint, or
giving notice, or in obtaining any order of the court or any justice in
relation to a nuisance under this Act, or in carrying the same into effect,
shall be deemed to be money paid for the use and at the request of the person
on whom the order is made; or if the order is made on the [district council],
or if no order is made, but the nuisance is proved to have existed when the
complaint was made or the notice given, then of the person by whose act or
default the nuisance was caused; and in case of nuisances caused by the act or
default of the owner of premises, such costs and expenses may be recovered
from any person who is for the time being owner of such premises: Provided,
that such costs and expenses shall not exceed in the whole one year's rackrent
of the premises.

Such costs and expenses, and any penalties incurred in relation to any such
nuisance, may be recovered in a summary manner or in the Civil Bill Court or
in any superior court; and the court shall have power to divide costs,
expenses and penalties between persons by whose acts or defaults a nuisance is
caused as to it may seem just.

Any costs and expenses recoverable under this section by a [district council]
from an owner of premises may be recovered from the occupier for the time
being of such premises; and the owner shall allow such occupier to deduct any
moneys which he pays under this enactment out of the rent from time to time
becoming due in respect of the said premises, as if the same had been actually
paid to such owner as part of such rent:

Provided, that no such occupier shall be required to pay any further sum than
the amount of rent for the time being due from him, or which, after demand of
such costs or expenses from such occupier, and after notice not to pay his
landlord any rent without first deducting the amount of such costs or
expenses, becomes payable by such occupier, unless he refuses, on application
to him by the [district council], truly to disclose the amount of his rent and
the name and address of the person to whom such rent is payable; but the
burden of proof that the sum demanded from any such occupier is greater than
the rent due by him at the time of such notice, or which has since accrued,
shall lie on such occupier:

Provided also, that nothing herein contained shall affect any contract between
any owner or occupier of any house, building, or other property whereby it is
or may be agreed that the occupier shall pay or discharge all rates, dues, and
sums of money payable in respect of such house, building, or other property,
or to affect any contract whatsoever between landlord and tenant.

© 1878 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/pha1878182/s120.html