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PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 269

Appeal in certain cases to Local Government Board.

269. Where any person deems himself aggrieved ... by any order, conviction,
judgment, or determination of or by any matter or thing done by any court of
summary jurisdiction, such person may appeal therefrom, subject to the
conditions and regulations following:

(1)The appeal shall be made to the next court of quarter sessions for the
county, division, or place in which the cause of appeal has arisen, holden not
less than twenty-one days after ... the decision of the court from which the
appeal is made:

(2)The appellant shall within fourteen days after the cause of appeal has
arisen, give notice to the other party and to the authority or court of
summary jurisdiction by whose act he deems himself aggrieved of his intention
to appeal and of the ground thereof:

(3)The appellant shall, immediately after such notice, enter into a
recognizance before a justice of the peace, with two sufficient sureties,
conditioned personally to try such appeal, and to abide the judgment of the
court thereon, and to pay such costs as may be awarded by the court, or give
such other security by deposit of money or otherwise as the justice may allow:

(4)Where the appellant is in custody the justice may, on the appellant
entering into such recognizance or giving such other security as aforesaid,
release him from custody:

Para.(5) rep. by SRO (NI) 1973/285

(6)In the case of other appeals the court of appeal may, if it thinks fit,
adjourn the appeal, and on the hearing thereof may confirm, reverse, or modify
the decision of the court of summary jurisdiction, or remit the matter to the
court of summary jurisdiction with the opinion of the court of appeal thereon,
or make such other order in the matter as the court thinks just. The court of
appeal may also make such order as to costs to be paid by either party as the
court thinks just:

(7)The decision of the court of appeal shall be binding on all parties:
Provided, that the court of appeal may, if such court thinks fit, state the
facts specially for the determination of a superior court.

Ss.270, 271 rep. by 1964 c.14 (NI) s.18 sch.; 1972 c.9 (NI) s.149 sch.9

© 1878 Crown Copyright

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