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PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 42

Appeals.

42.(1) Where any person deems himself aggrieved by any requirement of the
[district council] under section thirty-nine of this Act, or objects to the
reasonableness of any expenses wholly or partially recoverable from him under
that section, that person may, within fourteen days after the service of
notice of the requirement or of a demand for payment of the expenses, appeal
to a court of summary jurisdiction, and the court may make such order in the
matter as to them may seem equitable, and the order so made shall be binding
and conclusive on all parties:

Provided nevertheless that the right of appeal, subsequent to the service of a
demand for payment, shall be restricted to the ground of the reasonableness of
the amount of the expenses, and the appellant shall be precluded from raising
at that stage any other question.

(2) Pending the decision of the court upon the appeal the [district council]
shall not be empowered to execute any works to which the notice relates, and
any proceeding which may have been commenced for the recovery of the expenses
shall be stayed.


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© 1907 Crown Copyright

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