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PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 58

58. Where any watercourse or open ditch lying near to or forming the boundary
between the district of any [district council] and any adjoining district is
foul and offensive, so as injuriously to affect the district of such [district
council], any justice having jurisdiction in such adjoining district may, on
the application of such [district council], summon the [district council] of
such adjoining district to appear before a court of summary jurisdiction to
show cause why an order should not be made by such court for cleansing such
watercourse or open ditch, and for executing such permanent or other
structural works as may appear to such court to be necessary; and such court,
after hearing the parties, or ex parte in case of the default of any of them
to appear, may make such order with reference to the execution of the works,
and the persons by whom the same shall be executed, and by whom and in what
proportions the costs of such works shall be paid, and also as to the amount
thereof, and the time and mode of payment, as to such court may seem
reasonable.

Ss.59, 60 rep. by SRO (NI) 1973/285; 1978 NI 19 art.87(2) sch.7

Ss.6175 rep. by SLR (NI) 1954; 1972 NI 16 art.63(3) sch.19; 1973 NI 2
art.60(2) sch.4; SLR 1976. S.76 rep. by 1947 c.10 (NI) s.35(3) sch.5

S.77 rep. by 1973 NI 2 art.60(2) sch.4. S.78 rep. by 1972 c.5 (NI) s.31(2)

© 1878 Crown Copyright

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