[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 255

Proceedings in certain cases against nuisances.

255. Where [the Ministry of Development or a district council] have incurred
expenses for the repayment whereof the owner of the premises for or in respect
of which the same are incurred is made liable under this Act or by any
agreement with the [Ministry of Development or the distrct council], such
expenses may be recovered, together with interest at a rate not exceeding five
pounds per centum per annum, from the date of service of a demand for the same
till payment thereof, from any person who is the owner of such premises when
the works are completed for which such expenses have been incurred; and until
recovery of such expenses and interest the same shall be a charge on the
premises in respect of which they were incurred. In all summary proceedings by
[the Ministry of Development or a district council] for the recovery of
expenses incurred by them in works of private improvement, the time within
which such proceedings may be taken shall be reckoned from the date of the
service of notice of demand.

Where such expenses have been settled and apportioned by [the Ministry of
Development or a district council] as payable by such owner, such
apportionment shall be binding and conclusive on such owner, unless within
three months from service of notice on him by [the Ministry of Development or
a district council], of the amount settled to be due from such owner, he shall
by written notice dispute the same.

[The Ministry of Development or a district council] may, by order, declare any
such expenses to be payable by annual instalments within a period not
exceeding thirty years, with interest at a rate not exceeding five pounds per
centum per annum, until the whole amount is paid; and any such instalments and
interest, or any part thereof, may be recovered in a summary manner from the
owner or occupier for the time being of such premises, and may be deducted
from the rent of such premises, in the same proportions as are allowed in the
case of private improvement rates under this Act.

S.256 rep. by 1964 c.21 (NI) s.172 sch.7. S.257 rep. by 1972 c.9 (NI) s.149
sch.9[

© 1878 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/pha1878182/s255.html