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PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 293

Saving for proceedings under local Acts.

293. All powers given by this Act shall be deemed to be in addition to and not
in derogation of any other powers conferred by Act of Parliament, law, or
custom, and such other powers may be exercised in the same manner as if
this Act had not passed; and nothing in this Act shall exempt any person from
any penalty to which he would have been subject if this Act had not passed.

Provided, that no person who has been adjudged to pay any penalty in pursuance
of this Act shall for the same offence be liable to a penalty under any other
Act.

S.294 rep. by SLR 1883

Schedule A rep. by SLR 1898

Forms 1, 2 rep. by 1972 c.9 (NI) s.149 sch.9

By virtue of the Public Health (Ireland) Act, 1878, we the being the [district
council] under that Act for the district of do hereby declare and absolutely
order that the inheritance of the [dwelling-house, shop, lands, and premises,
as the case may be], situated in street in the parish of within the said
district, and now in the occupation of , shall be absolutely charged with the
sum of pounds, paid by of for the improvement by drainage and water supply [as
the case may be] of the same dwelling-house, shop, lands, and premises [as the
case may be], together with interest for the same from the date hereof at
pounds per centum per annum, until full payment thereof; and also all costs
incurred by the said , his executors, administrators, or assigns, under this
security, shall be fully paid and satisfied: And we hereby further declare
that the said principal and interest moneys shall be paid and payable by the
owner or occupier of the said premises to the said , his executors,
administrators, and assigns, in manner following; (that is to say,) the
interest on such principal sum of pounds, or on so much thereof as shall from
time to time remain due and payable under this order, shall be paid and
payable by equal half-yearly payments whilst payable on the day of and the day
of in every year, the first payment thereof to be made on the day of next, and
such principal sum of pounds shall be paid and payable by equal annual
instalments on the day of in each of the next succeeding years, towards the
discharge of the same principal sum, until the whole shall be fully satisfied
and discharged.

[To be sealed with the common seal of the [district council].]

To [person causing the nuisance, or owner or occupier of the premises whereon
the nuisance exists, as the case may be].

Take notice that under the provisions of the
Public Health (Ireland) Act, 1878, the [describe the [district council]],
being satisfied of the existence of a nuisance at [describe premises or place
where the nuisance exists], arising from [describe the cause of nuisance, for
instance, want of a privy or drain; or, for further instance, a ditch or drain
so foul as to be a nuisance or[prejudicial to health]; or for further
instance, swine kept so as to be a nuisance or [prejudicial to health]], do
hereby require you within from the service of this notice to abate the same,
and for purpose to [state any things required to be done or works to be
executed].

If you make default in complying with the requisitions of this notice, or if
the said nuisance, though abated, is likely to recur, a summons will be issued
requiring your attendance to answer a complaint which will be made to a court
of summary jurisdiction for enforcing the abatement of the nuisance, and
prohibiting a recurrence thereof, and for recovering the costs and penalties
that may be incurred thereby.

Dated this day of 18.

To the owner or occupier of [describe premises], situated at [insert such a
description as may be sufficient to identify the premises], or to A.B. of

of summary jurisidiction], at the petty sessions [or

court] holden at on the day of

next, at the hour of in the

noon, to answer the complaint this day made to

me by than in or on the premises above

in the street in the parish of or such other description or reference as may
be sufficient to identify the premises], in the district, under the
Public Health (Ireland) Act, 1878, of [describe the [district council]], the
following nuisance exists [describing it, as the case may be], and that the
said nuisance is caused by the act or default of the occupier [or owner] of
the said premises, or by you A.B. [or in case the nuisance be discontinued,
but likely to be repeated, say, there existed recently, to wit, on or about
the day of on the premises, the following nuisance [describe the nuisance],
and that the said nuisance was caused &c., and although the same has since the
said last-mentioned day been abated or discontinued, there is reasonable
ground to consider that the same or the like nuisance is likely to recur on
the said premises].

Dated this day of 18.

Justice.FORM C6Form of Order for Abatement or Prohibition of NuisanceBTo the
owner [or occupier] of [describe the premises], situated [give such
description as may be sufficient to identify the premises], or to A.B. of , ,

day of complaint was

made before Esquire, one of Her Majesty's

justices of the peace acting in and for the

or[or as the case may be,] by that in or on

certain premises situated at in the district

under the Public Health (Ireland) Act, 1878,

And whereas the owner [or occupier] within the meaning of the said
Public Health (Ireland) Act, 1878, [or the said A.B.], hath this day appeared
before us [(or me) describing the court], to answer the matter of the said
complaint [or in case the party charged do not appear, say, and whereas it
hath been this day proved to our (or my) satisfaction that a true copy of a
summons requiring the owner [or occupier] of the said premises [or the said
A.B.] to appear this day before us [or me] hath been duly served according to
the said Act.

Now on proof here had before us [or me] that the nuisance so complained of
doth exist on the said premises, and that the same is caused by the act or
default of the owner [or occupier] of the said premises [or by the said A.B.],
we [or I], in pursuance of the said Act, do order the said owner [or occupier,
or A.B.] within [specify the time] from the service of this order or a true
copy thereof according to the said Act [here specify any things required to be
done or works to be executed, as, for instance, to provide for the cleanly and
wholesome keeping of, or, to remove the animal kept so as to be a nuisance or
[prejudicial to health]; or, for further instance, to cleanse, whitewash,
purify, and disinfect the said dwelling-house; or, for further instance, to
construct a privy or drain, &c.; or, for further instance, to cleanse or to
cover or to fill up the said cesspool, &c.], so that the same shall no longer
be a nuisance or [prejudicial to health] as aforesaid.

[And if it appear to the court that the nuisance is likely to recur on the
premises, say [And we] [or I] being satisfied that, notwithstanding the said
cause or causes of nuisances may be removed under this order, the same is or
are likely to recur, do therefore prohibit the said owner [or occupier, or
A.B.,] from [here insert the matter of the prohibition, as, for instance,]
from using the said house or building for human habitation until the same, in
our [or my] judgment, is rendered fit for that purpose.

In case the nuisance were removed before complaint, say, Now on proof here had
before us [or me] that at or recently before the time of making the said
complaint, to wit, on as aforesaid, the cause of nuisance complained of did
exist on the said premises, but that the same hath since been removed, yet,
notwithstanding such removal, we [or I], being satisfied that it is likely
that the same or the like nuisance will recur on the said premises, do hereby
prohibit [order of prohibition]; and if this order of prohibition be
infringed, then we [or I] [order on [district council] to do works].

Given under the hands of us [or the hand of me, describing the court],

This day of 18.

To the Town Council, &c., as the case may be.

And whereas it hath been now proved to our [or my] satisfaction that such
nuisance exists, but that no owner or occupier of the premises, or person
causing the nuisance, is known or can be found [as the case may be]: Now we
[or I], in pursuance of the said Act, do order the said [[district council],
naming it,] forthwith to [here specify the works to be done].

Given, &c., (as in last form).

Esquire, one of Her Majesty's justices of the peace

in and for the county [or other jurisdiction, &c.]

are entitled to use, such sewer being within one hundred feet of the said
premises]: And whereas the said C.D., having been duly summoned to answer the
said complaint, and not having shown sufficient cause against the same, and it
appearing to me that the said works are necessary for the purpose of enabling
the said A.B. to obey and carry into effect the provisions of the said Act, I
do hereby order that the said C.D. do permit the said A.B. to execute the same
in the manner required by the said Act.

Given under my hand, this day of 18.

WHEREAS [describe the [district council]] have by their officer [naming him]
made application to me, A.B., one of Her Majesty's justices of the peace
having jurisdiction in and for [describe the place], and the said officer has
made oath to me that demand has been made pursuant to the provisions of the
Public Health (Ireland) Act, 1878, for admission to [describe situation of
premises so as to identify them], for the purpose of [describe the purpose, as
the case may be], and that such demand has been refused.

Now, therefore, I the said A.B. do hereby require you [name the person having
custody of the premises] to admit the said [name the [district council]], [or
the officer of the said [district council]], to the said premises, for the
purpose aforesaid.

Given, &c., (as in last form).

Section 279.

© 1878 Crown Copyright

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