PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 253 Restriction on recovery of penalties.

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PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 253

Restriction on recovery of penalties.

253. Where any nuisance under this Act appears to be wholly or partially
caused by the acts or defaults of two or more persons, it shall be lawful for
the [district council] or other complainant to institute proceedings against
any one of such persons, or to include all or any two or more of such persons
in one proceeding; and any one or more of such persons may be ordered to abate
such nuisance, so far as the same appears to the court having cognizance of
the case to be caused by his or their acts or defaults, or may be prohibited
from continuing any acts or defaults which, in the opinion of such court,
contribute to such nuisance, or may be fined or otherwise punished,
notwithstanding that the acts or defaults of any one of such persons would not
separately have caused a nuisance; and the costs may be distributed as to such
court may appear fair and reasonable.

Proceedings against several persons included in one complaint shall not abate
by reason of the death of any among the persons so included, but all such
proceedings may be carried on as if the deceased person had not been
originally so included.

Whenever in any proceeding under the provisions of this Act relating to
nuisances, whether written or otherwise, it becomes necessary to mention or
refer to the owner or occupier of any premises, it shall be sufficient to
designte him as the "owner" or "occupier" of such premises, without name or
further description.

Nothing in this section shall prevent persons proceeded against from
recovering contribution in any case in which they would not be entitled to
contribution by law.

S.254 rep. by 1969 c.30 (NI) s.132 sch.6

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Northern Irish Legislation

PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 253