BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!

PUBLIC HEALTH (IRELAND) ACT 1878 PUBLIC HEALTH (IRELAND) ACT 1878 - LONG TITLE An Act to consolidate and amend the Acts relating to Public Health in Ireland.{1} [8th August 1878] Preliminary PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 1 1. This Act may be cited for all purposes as the Public Health (Ireland) Act, 1878. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 2 Interpretation. 2. In this Act, if not inconsistent with the context, the following terms have the meanings herein-after respectively assigned to them; (that is to say,) Definition rep. by SRO (NI) 1973/285 ["district" has the meaning assigned to it by section 1(3) of the Local Government Act (Northern Ireland) 1972; "district council" means a council established under the Local Government Act (Northern Ireland) 1972;] "Local Government Board" means the Local Government Board for Ireland: "Person" includes any body of persons, whether corporate or unincorporate: Definition rep. by SRO (NI) 1973/285 "Lands" and "premises" include messuages, buildings, lands, easements, and hereditaments of any tenure: "Owner" means the person for the time being receiving the rackrent of the lands or premises in connection with which the word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the same if such lands or premises were let at a rackrent: "Rackrent" means rent which is not less than two thirds of the full net annual value of the property out of which the rent arises as ascertained under the Acts relating to the valuation of rateable property in Ireland: "Street" includes any highway and any public bridge and any road, lane, footway, square, court, alley, or passage, whether a thoroughfare or not: "House" includes schools, and also factories and other buildings in which persons are employed, whatever their number may be "Drain" means any drain of and used for the drainage of one building only or of premises within the same curtilage, and made merely for the purpose of communicating therefrom with a cesspool or other like receptacle for drainage, or with a sewer into which the drainage of two or more buildings or premises occupied by different persons is conveyed: "Sewer" includes sewers and drains of every description, except drains to which the word "drain" interpreted as aforesaid applies, and except drains vested in or under the control of any authority having the management of roads and not being a sanitary authority under this Act: ["Slaughter-house" means any building, premises or place used in connection with the business of killing animals for the purpose of the flesh being used as butcher's meat:] ["Knacker's yard" has the meaning assigned to that term by section nine of the Slaughter of Animals Act (Northern Ireland), 1932:] Definitions spent "Labouring Classes Lodging Houses Acts" means the Labouring Classes Lodging Houses and Dwellings Act (Ireland), 1866, and the Labouring Classes Dwelling Houses Act, 1867: Definitions spent "Baths and Wash-houses Acts" means the Baths and Wash-houses (Ireland) Act, 1846: "Sanitary Acts" means all the above-mentioned Acts and the Acts mentioned in the Schedule A. to this Act annexed except the Burial Grounds Acts as herein-after defined, and includes any amendments of such Acts contained in this or any other Act; and, with respect to any urban sanitary district, includes any Act, local Act, or provisional order relating to the same subject matters as the above-mentioned Acts in force within such district: "Sanitary purposes" means any objects or purposes of the Sanitary Acts: "Burial Grounds Acts" means the Burial Grounds (Ireland) Act, 1856, as the same is amended by the 23 & 24 Vict. c.76: "Lands Clauses Acts" means and includes the Lands Clauses Consolidation Act, 1845, as the same is amended by the Lands Clauses Consolidation Acts Amendment Act, 1860; the Railways Act (Ireland), 1851; the Railways Act (Ireland), 1860; the Railways Act (Ireland), 1864, and the Railway Traverse Act: "Poor Law Acts" means the Poor Relief Ireland Act, 1838, and the Acts amending the same: Definitions rep. by SLR 1894 Definition spent "Court of quarter sessions" means the court of general or quarter sessions of the peace having jurisdiction over the whole or any part of the district or place in which the matter requiring the cognizance of general or quarter sessions arises, and when used in reference to any suit or proceeding prosecuted or taken in any borough in which there shall be a recorder having jurisdiction to hear appeals from rates, or from any order, conviction or judgment of any court of summary jurisdiction, includes the court of such recorder: ["Prejudicial to health" means injurious, or likely to cause injury to health.] Ss.37 rep. by 1898 c.37 s.110 sch.6 Pt.VI; 1972 c.9 (NI) s.149 sch.9 PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 8 Powers and duties of district councils. 8. Every [district council] shall within their district ... have, exercise, and be subject to all the powers, rights, duties, capacities, liabilities, and obligations exercisable by or attaching to [a district council] under this Act, .... Where the Baths and Wash-houses Acts and the Labouring Classes Lodging Houses Acts, or any of them, are in force within the district of any [district council], such [council] shall have all powers, rights, duties, capacities, liabilities, and obligations in relation to such Acts exercisable by or attaching to commissioners or persons acting in the execution of the said Acts, or any of them. Where the Baths and Wash-houses Acts are not in force within the district of any [district council], such [council] may adopt such Acts; .... ... Ss.9, 10 rep. by 1972 c.9 (NI) s.149 sch.9 PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 11 Sanitary officers. 11. ... every [district council] ... shall appoint such ... sanitary officers, ... as the Local Government Board shall in each case direct with such salaries or additional salaries as the said [district council] shall determine, with the approval of the Local Government Board; and the said Board shall assign to the ... sanitary officers, ... their respective duties and functions in the discovery or inspection or removal of nuisances, ..., or in generally aiding the administration of the sanitary laws within the district: Provided, that with regard to salaries or additional salaries whereof any portion is to be recouped to any local fund from moneys voted by Parliament, the amount of any new salary and the proportion between any existing salary, and the addition thereto, shall be approved by the Treasury. Every such salary or additional salary so determined or approved shall be payable from such local fund as the Local Government Board shall indicate as properly chargeable therewith, and such part thereof as Parliament shall from time to time determine shall be recouped to such local fund out of moneys to be voted by Parliament; and the Local Government Board shall have the same powers with regard to the qualification appointment duties regulation of salary and tenure of office of every sanitary officer as they have in the case of the medical officer of a dispensary district. Ss.1214 rep. by 1945 c.17 (NI) s.7(2); 1972 c.9 (NI) s.149 sch.9 Ss.1524 rep. by 1973 NI 2 art.60(2) sch.4 PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 25 Power of district council to enforce drainage of undrained houses. 25. Where any house within the district of a [district council] is without a drain sufficient for effectual drainage, the [district council] may by written notice require the owner or occupier of such house, within a reasonable time therein specified, to make a covered drain or drains emptying into any sewer which the [district council] are entitled to use, and which is not more than one hundred feet from the site of such house; but if no such means of drainage are within that distance, then emptying into such covered cesspool or other place not being under any house as the [district council] direct; and the [district council] may require any such drain or drains, cesspool or cesspools, to be of such materials and size, and to be so ventilated, and to be laid at such level, and with such fall as may appear to them to be necessary: Provided that where, in the opinion of the [district council], greater expense would be incurred in the construction of such cesspool or cesspools than in the making of a drain emptying into a sewer which they are entitled to use, the [district council] may require the owner or occupier to make such drain, notwithstanding that the sewer into which it is to empty is not within one hundred feet of the site of the house. If such notice is not complied with, the [district council] may, after the expiration of the time specified in the notice, do the work required, and may recover in a summary manner the expenses incurred by them in so doing from the owner, or may by order declare the same to be private improvement expenses. Provided that where, in the opinion of the [district council], greater expense would be incurred in causing the drains of two or more houses to empty into an existing sewer pursuant to this section, than in constructing a new sewer and causing such drains to empty therein, the [district council] may construct such new sewer, and require the owners or occupiers of such houses to cause their drains to empty therein, and may apportion as they deem just the expenses of the construction of such sewer among the owners of the several houses, and recover in a summary manner the sums apportioned from such owners, or may by order declare the same to be private improvement expenses. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 26 Power of district council to require houses to be drained into new sewers. 26. Where any house within the district of a [district council] has a drain communicating with any sewer, which drain, though sufficient for the effectual drainage of the house, is not adapted to the general sewerage system of the district, or is in the opinion of the [district council] otherwise objectionable, the [district council] may, on condition of providing a drain or drains as effectual for the drainage of the house, and communicating with such other sewer as they think fit, close such first-mentioned drain, and may do any works necessary for that purpose; and the expenses of those works, and of the construction of any drain or drains provided by them, under this section, shall be deemed to be expenses properly incurred by them in the execution of this Act. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 27 Penalty on building house without drains in any district. 27. It shall not be lawful in any ... district newly to erect any house or to rebuild any house which has been pulled down to or below the first floor, or to occupy any house so newly erected or rebuilt, unless and until a covered drain or drains be constructed, of such size and materials, in such manner, and at such level, and with such fall as may appear to the [district council] to be necessary for the effectual drainage of such house; and the drain or drains so to be constructed shall empty into some sewer which the [district council] are entitled to use, and which is within one hundred feet of some part of the site of the house to be built or rebuilt; but if no such means of drainage are within that distance, then shall empty into such properly constructed cesspool or other place, not being under any house, as the [district council] direct: Provided always, that the [district council] may, at the request of the owner of the house, permit such drain or drains to be disconnected from the interior of the house in such manner as it may think proper. Any person who causes any house to be erected or rebuilt or any drain to be constructed in contravention of this section shall be liable to a penalty not exceeding fifty pounds. S.27A rep. by 1973 NI 2 art.60(2) sch.4. S.28 rep. by 1964 c.27 (NI) s.43 sch. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 29 Penalty on unauthorised building over sewers and under streets. 29. Any person who ..., without the written consent of [the Ministry of Development] (1)Causes any building to be newly erected over any sewer of [the Ministry of Development]; or (2)Causes any vault, arch, or cellar to be newly built or constructed under the carriageway of any street, Ss.3033 rep. by 1973 NI 2 art.60(2) sch.4. S.34 rep. by SLR 1976. Ss.3537 rep. by 1973 NI 2 art.60(2) sch.4 Ss.3840 rep. by 1980 NI 11 art.64(2) sch.9 PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 41 Power to make byelaws respecting new buildings, &c. 41. ... [the Ministry of Development] may make byelaws with respect to the following matters; (that is to say,) (1)With respect to the level width and construction of new streets, and the provisions for the sewerage thereof, and the preventing of the opening thereof for public use until such byelaws have been complied with: Paras.(2)(3), definitions and paras.(4)(6) rep. by 1972 NI 19 art.16(2) sch.4 And they may further provide for the observance of such byelaws by enacting therein such provisions as they think necessary as to the giving of notices, as to the deposit of plans and sections by persons intending to lay out streets ..., as to inspection by [the Ministry of Development], and as to the power of such [Ministry] (subject to the provisions of this Act) to remove, alter, or pull down any work begun or done in contravention of such byelaws: Provided, that no byelaw made under this section shall affect any building erected before the passing of this Act. The provisions of this section and the two last preceding sections shall not apply to buildings belonging to any railway company and used for the purpose of such railway under any Act of Parliament. [Sections 91 to 93 of the Local Government Act (Northern Ireland) 1972 shall apply to the making of byelaws under this section and to the imposition of penalties in relation to such byelaws and the enforcement of such byelaws; and in relation to the application of these sections the sections shall apply with any necessary modifications.] PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 42 As to commencement of works and removal of works made contrary to byelaws. 42. Where a notice, plan, or description of any work is required by any byelaw made by [the Ministry of Development] to be laid before that [Ministry, the Ministry] shall, within one month after the same has been delivered or sent to [the Ministry], signify in writing their approval or disapproval of the intended work to the person proposing to execute the same; and if the work is commenced after such notice of disapproval, or before the expiration of such month without such approval, and is in any respect not in conformity with any byelaw of [the Ministry of Development, the Ministry] may cause so much of the work as has been executed to be ... removed. Where [the Ministry of Development] incur expenses in or about the removal of any work executed contrary to any byelaw, such [Ministry] may recover in a summary manner the amount of such expenses either from the person executing the works removed or from the person causing the works to be executed, at their discretion. Where [the Ministry of Development] may under this section ... remove any work begun or executed in contravention of any byelaw, or where the beginning or the execution of the work is an offence in respect whereof the offender is liable in respect of any byelaw to a penalty, the existence of the work during its continuance in such a form and state as to be in contravention of the byelaw shall be deemed to be a continuing offence, but a penalty shall not be incurred in respect thereof after the expiration of one year from the day when the offence was committed or the byelaw was broken. S.43 rep. by 1972 NI 19 art.16(2) sch.4 Penalty on building houses without privy accommodation. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 44 44. It shall not be lawful newly to erect any house, or to rebuild any house pulled down to or below the ground floor, without sufficient watercloset, earthcloset, or privy accommodation, and an ashpit furnished with proper doors and coverings. Any person who causes any house to be erected or rebuilt in contravention of this enactment shall be liable to a penalty not exceeding twenty pounds. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 45 Power of district council to enforce provision of privy accommodation for houses. 45. If a house within the district of a [district council] appears to such [council] to be without sufficient watercloset, earthcloset, or privy accommodation, and a properly constructed ashpit, the [district council] shall, by written notice, require the owner or occupier of the house, within a reasonable time therein specified, to provide sufficient watercloset, earthcloset, or privy accommodation, and an ashpit constructed as aforesaid, or either of them, as the case may require. If such notice is not complied with, the [district council] may, at the expiration of the time specified in the notice, do the work thereby required to be done, and may recover in a summary manner from the owner the expenses incurred by them in so doing, or may by order declare the same to be private improvement expenses: Provided, that where a watercloset, earthcloset, or privy has been and is used in common by the inmates of two or more houses, or if in the opinion of the [district council] a watercloset, earthcloset, or privy may be so used, they need not require the same to be provided for each house. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 46 As to earth closets. 46. Any enactment in force within the district of any [district council] requiring the construction of a watercloset shall be deemed to be satisfied by the construction, with the approval of the [district council], of an earthcloset. Any [district council] may, as respects any house in which any earthcloset is in use with their approval, dispense with the supply of water required by any contract or enactment to be furnished to any watercloset in such house, on such terms as may be agreed on between such [council] and the person providing or required to provide such supply of water. Any [district council] may themselves undertake, or contract with any person to undertake, a supply of dry earth or other deodorising substance to any house within their district for the purpose of any earthcloset. In this Act the term "earthcloset" includes any place for the reception and deodorization of f'cal matter constructed to the satisfaction of the [district council]. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 47 Other means of removing house refuse. 47. When on the representation of the [district council] of any district it shall appear to the satisfaction of the Local Government Board that in such district, or in any part thereof to be defined by the Local Government Board, a system has been established and is effectually carried out by which house refuse and f'cal matter is removed at short and regular intervals, and in such a manner as not to be a nuisance or injurious to health, or that no avoidable nuisance injurious to health or offensive to public decency exists in such district or part of such district, the Board may by order declare that the enactments with respect to waterclosets herein contained shall, so far as regards such district, or part of a district, be deemed to be satisfied; and such enactments shall, while such order shall remain in force, and to the extent and subject to any conditions therein prescribed, be deemed to be satisfied accordingly. Every such order may from time to time be varied or revoked by the Local Government Board. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 48 Privy accommodation for factories. 48. Where it appears to any [district council] that any house is used or intended to be used as a factory or building in which persons of both sexes are employed or intended to be employed at one time in any manufacture trade or business, the [district council] may, if they think fit, by written notice, require the owner or occupier of such house, within the time therein specified, to construct a sufficient number of ashpits, and of waterclosets, earthclosets, or privies, for the separate use of each sex. Any person who neglects or refuses to comply with any such notice shall be liable for each default to a penalty not exceeding twenty pounds, and to a further penalty not exceeding [two pounds] for every day during which the default is continued. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 49 Public necessaries. 49. Any [district council] may, if they think fit, provide and maintain, in proper and convenient situations, urinals, waterclosets, privies, and ashpits, and other similar conveniences for public accommodation. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 50 Drains, privies, &c. to be properly kept. 50. Every [district council] shall provide that all drains, waterclosets, sinks, lavatories, gully traps, earthclosets, privies, ashpits and cesspools within their district be constructed, trapped, covered, ventilated, and kept so as not to be a nuisance or [prejudicial to health]. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 51 Examination of drains, &c. on complaint of nuisance. 51. On the written application of any person to a [district council], stating that any drain, watercloset, earthcloset, privy, ashpit, or cesspool on or belonging to any premises within their district is a nuisance or [prejudicial to health] [or where ... the [district council] have reason to suspect that any such drain, watercloset, earthcloset, privy, ashpit, or cesspool is a nuisance or [prejudicial to health]], it shall be lawful for [such officer as may be authorised by a district council], after twenty-four hours' written notice to the occupier of such premises, or in case of emergency without notice, to enter such premises, with or without assistants, and cause the ground to be opened, and examine such drain, watercloset, earthcloset, privy, ashpit, or cesspool. If the drain, watercloset, earthcloset, privy, ashpit, or cesspool on examination is found to be in proper condition, he shall cause the ground to be closed, and any damage done to be made good as soon as can be, and the expenses of the works shall be defrayed by the person making the above-mentioned written application. If the drain, watercloset, earthcloset, privy, ashpit, or cesspool on examination appear to be in bad condition, or to require alteration or amendment, the [district council] shall forthwith cause notice in writing to be given to the owner or occupier of the premises requiring him forthwith or within a reasonable time therein specified to do the necessary works; and if such notice is not complied with, the person to whom it is given shall be liable to a penalty not exceeding [50p] for every day during which he continues to make default, and the [district council] may if they think fit, execute such works, and may recover in a summary manner from the owner the expenses incurred by them in so doing, or may by order declare the same to be private improvement expenses, as well as the expenses incurred in the previous examination. District council to provide for cleansing of streets and removal of refuse. [ PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 52 52. Every [district council] may, and when required by order of the Local Government Board shall, themselves undertake or contract for The removal of house refuse from premises; The cleansing of earthclosets, privies, ashpits, and cesspools; All matters collected by the [district council] or contractor in pursuance of this section may be sold or otherwise disposed of, .... If any person removes or obstructs the [district council] or contractor in removing any matters by this section authorised to be removed by the [district council], he shall for each offence be liable to a penalty not exceeding five pounds: Provided, that the occupier of a house within the district shall not be liable to such penalty in respect of any such matters which are produced on his own premises and are intended to be removed for sale or for his own use, and are in the meantime kept so as not to be a nuisance.][ PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 53 Penalty on neglect of district council to remove refuse, &c. 53. If a [district council] who have themselves undertaken or contracted for the removal of house refuse from premises, or the cleansing of earthclosets, privies, ashpits, and cesspools, fail, without reasonable excuse, after notice in writing from the occupier of any house within their district requiring them to remove any house refuse, or to cleanse any earthcloset, privy, ashpit, or cesspool belonging to such house or used by the occupiers thereof, to cause the same to be removed or cleansed, as the case may be, within seven days, the [district council] shall be liable to pay to the occupier of such house a penalty not exceeding [25p] for every day during which such default continues after the expiration of the said period.] PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 54 Power of district council to make byelaws imposing duty of cleansing, &c. on occupier. 54. [Where the [district council] do not themselves undertake or contract for The cleansing of footways and pavements adjoining any premises, The removal of house refuse from any premises, The cleansing of earthclosets, privies, ashpits, and cesspools belonging to any premises, [A district council] may also, and when required by order of the Local Government Board shall, make byelaws for the prevention of nuisances arising from snow, filth, dust, ashes, and rubbish, and for the regulation of the keeping of animals on any premises, or for the prevention of such keeping, so as to be [prejudicial to health]. S.55 rep. by 1978 NI 19 art.87(2) sch.7. S.56 rep. by 1967 c.36 (NI) s.33 sch.3 PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 57 Penalty in respect of certain nuisances on premises. 57. Any person who in any ... district (1)Keeps any swine or pig stye in any dwelling-house, or so as to be a nuisance to any person; or (2)Suffers any waste or stagnant water to remain in any cellar or place within any dwelling-house for twenty-four hours after written notice to him from the [district council] to remove the same; or (3)Allows the contents of any watercloset, privy, or cesspool to overflow or soak therefrom, Provision for obtaining order for cleansing offensive ditches lying near to or forming the boundaries of districts. 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) PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 79 Power to close polluted wells, &c. 79. On the representation of any person to any [district council] that within their district the water in any well, tank, or cistern, public or private, or supplied from any public pump, and used or likely to be used by man for drinking or domestic purposes, or for manufacturing drinks for the use of man, is so polluted as to be [prejudicial to health], such [council] may apply to a court of summary jurisdiction for an order to remedy the same; and thereupon such court shall summon the owner or occupier of the premises to which the well, tank, or cistern belongs, if it be private, and in the case of a public well, tank, cistern, or pump, any person alleged in the application to be interested in the same, and may either dismiss the application, or may make an order directing the well, tank, cistern, or pump to be permanently or temporarily closed, or the water to be used for certain purposes only, or such other order as may appear to them to be requisite to prevent injury to the health of persons drinking the water. The court may, if they see fit, cause the water complained of to be analysed at the cost of the [district council] applying to them under this section. If the person on whom an order under this section is made fails to comply with the same, the court may, on the application of the [district council], authorise them to do whatever may be necessary in the execution of the order, and any expenses incurred by them may be recovered in a summary manner from the person on whom the order is made. ... Powers of district council for lighting their district. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 80 80. Any [district council] may contract with any company or person authorised by or in pursuance of any Act of Parliament, or any order confirmed by Parliament, to supply gas for public and private purposes supplying gas within any part of the district of such [council], for the supply of gas, or other means of lighting the ..., markets, and public buildings in their district, and may provide such lamps, lamp-posts, and other materials and apparatus as they may think necessary for lighting the same. ... Where there is not any company or person (other than the [district council]) authorised by or in pursuance of any Act of Parliament, or any order confirmed by Parliament, to supply gas for public and private purposes supplying gas within any part of the district of such [council], such [council] may themselves undertake to supply gas for such purposes, or any of them, throughout the whole or any part of their district; and if there is any such company or person so supplying gas, but the limits of supply of such company or person include part only of the district, then the [district council] may themselves undertake to supply gas throughout any part of the district not included within such limits of supply. ... Power for sale of undertaking of gas company to district council. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 81 81. For the purpose of supplying gas within their district, or any part thereof, either for public or private purposes, any [district council] may (with the sanction of the Local Government Board) buy, and the directors of any gas company, in pursuance, in the case of a company registered under the Companies Act, 1862, of a special resolution of the members passed in manner provided by that Act, and in the case of any other company, of a resolution passed by a majority of three-fourths in number and value of the members present, either personally or by proxy, at a meeting specially convened with notice of the business to be transacted, may sell and transfer to such [council], on such terms as may be agreed on between such [council] and the company, all the rights, powers, and privileges and all or any of the lands, premises, works, and other property of the company, but subject to all liabilities attached to the same at the time of such purchase. Ss.82101 rep. by 1907 c.53 s.75(2); SLR (NI) 1954; 1963 c.26 (NI) s.40 sch.; 1967 c.36 (NI) s.33 sch.3; 1972 NI 14 art.109(3) sch.18; 1981 NI 3 art.163(2) sch.13 District council may provide public clocks. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 102 102. Any [district council] may from time to time provide such clocks as they consider necessary, and cause them to be fixed on or against any public building, or, with the consent of the owner or occupier, on or against any private building the situation of which may be convenient for that purpose, and may cause the dials thereof to be lighted at night, and shall keep such clocks when so fixed in good repair and keeping correct time, and may from time to time alter and remove any such clocks to such other like situation as they may consider expedient. District council may provide markets. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 103 103. Any [district council] shall have power, at a meeting specially convened for the purpose, of which not less than thirty days' public notice has been given, and at which not less than two-thirds of the members are present, and so that a clear majority of the entire body concurs, and that the Local Government Board, approves, to do the following things, or any of them, within their district: To provide a market-place and construct a market house and other conveniences for the purpose of holding markets; To provide houses and places for weighing carts: To make convenient approaches to such market: To provide all such matters and things as may be necessary for the convenient use of such market: To purchase or take on lease or otherwise land or the right to use land, and public or private rights in markets and tolls for any of the foregoing purposes: To take stallages, rents, and tolls in respect of the use by any person of such market: For the purpose of enabling any [district council] to establish or to regulate markets, there shall be incorporated with this Act the provisions of the Markets and Fairs Clauses Act, 1847, in so far as the same relate to markets; (that is to say,) With respect to the holding of the market or fair, and the protection thereof; and With respect to the weighing goods and carts; and With respect to the stallages, rents, and tolls: Provided, that all tolls leviable by [a district council] in pursuance of this section shall be approved by the Local Government Board. [A district council] may with respect to any market belonging to them make byelaws for any of the purposes mentioned in section forty-two of the Markets and Fairs Clauses Act, 1847, so far as those purposes relate to markets, and printed copies of any byelaw so made shall be conspicuously exhibited in the market. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 104 Power for sale of undertaking of market company to district council. 104. Any [district council] may purchase, and the directors of any market company, in pursuance, in the case of a company registered under the Companies Act, 1862, of a special resolution of the members passed in manner provided by that Act, and in the case of any other company, of a resolution passed by a majority of three-fourths in number and value of the members present, either personally or by proxy, at a meeting specially convened with notice of the business to be transacted, may sell and transfer to any [district council], on such terms as may be agreed on between the company and the [district council], all the rights, powers, and privileges, and all or any of the markets, premises, and things which at the time of such purchase are the property of the company, but subject to all liabilities attached to the same at the time of such purchase. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 105 1862 c.89 105. [Subject, as respects the slaughtering of cattle for human consumption, to the provisions of the Slaughter-houses Act (Northern Ireland), 1953,] any [district council] may, if they think fit, provide slaughter-houses, [and knackers' yards] and they shall make byelaws with respect to the management and charges for the use of any slaughter-houses [or knackers' yards] so provided. For the purpose of enabling any [district council] to regulate ... [... knackers' yards] within their district the provisions of the Towns Improvement Clauses Act, 1847, with respect to ... [... knackers' yards] shall be incorporated with this Act. Nothing in this section shall prejudice or affect any rights, powers, or privileges of any persons incorporated by any local Act in force at the time of the passing of this Act for the purpose of making and maintaining slaughter-houses [or knackers' yards]. ... 1847 c.34 [ PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 105A 105A. A [district council] empowered by any enactment (whether public general or local) (a)to establish and regulate markets; or (b)to provide and regulate slaughter-houses; and (c)to take stallages, rents or tolls in respect of the use of markets or slaughter-houses; (i)vary the amounts of any such stallages or rents; (ii)vary the kinds, descriptions, quantities or numbers of commodities or animals in respect of which such tolls may be taken; (iii)with the approval of the Ministry fix the tolls to be taken in respect of such markets or slaughter-houses.][ PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 105B Variation of certain stallages, rents and tolls. 105B. It is hereby declared that a power conferred in whatsoever words by any enactment (whether public general or local), including this Act, on any [district council] to take tolls or make charges in respect of the use of a slaughter-house includes power to make charges in respect of any services provided by the [council] at that slaughter-house.] PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 106 Slaughter-house tolls may include charges for services. 106. The owner or occupier of any [knacker's yard] licensed or registered under this Act shall, within one month after the licensing or registration of the premises, affix, and shall keep undefaced and legible on some conspicuous place on the premises, a notice with the words "Licensed [knacker's yard]," or "Registered [knacker's yard]," as the case may be. Any person who makes default in this respect, or who neglects or refuses to affix or renew such notice after requisition in writing from the [district council] shall be liable to a penalty not exceeding [#10]. Notice to be affixed on slaughter-houses. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 107 107. For the purposes of this Act, (1)Any premises in such a state as to be a nuisance or [prejudicial to health]: (2)Any pool, ditch, gutter, watercourse, privy, urinal, cesspool, drain, or ashpit so foul or in such a state as to be a nuisance or [prejudicial to health]: (3)Any animal so kept as to be a nuisance or [prejudicial to health]: (4)Any accumulation or deposit which is a nuisance or [prejudicial to health]: (5)Any house or part of a house so overcrowded as to be dangerous or [prejudicial to health] of the inmates, whether or not members of the same family: (6)Any factory, workshop, or workplace not kept in a cleanly state, or not ventilated in such a manner as to render harmless as far as practicable any gases, vapours, dust, or other impurities generated in the course of the work carried on therein that are a nuisance or [prejudicial to health], or so overcrowded while work is carried on as to be dangerous or [prejudicial to health] of those employed therein: [(7)Any trade, business, manufacture or process which is a nuisance, or which causes any grit or dust (being solid particles of any kind, other than such particles emitted from a chimney as an ingredient of smoke) or effluvia which is a nuisance to, or injurious to the health of, any of the inhabitants of the neighbourhood; (8)...] First. That a penalty shall not be imposed on any person in respect of any accumulation or deposit necessary for the effectual carrying on any business or manufacture if it be proved to the satisfaction of the court that the accumulation or deposit has not been kept longer than is necessary for the purposes of the business or manufacture, and that the best available means have been taken for preventing injury thereby to the public health: [Secondly. That in any proceedings in relation to a nuisance of the kind referred to in paragraph (7) of this section, it shall be a defence to prove that the best practicable means (within the meaning of the Clear Air (Northern Ireland) Order 1981) have been used for abating the nuisance or for preventing, or counteracting the effect of, the grit or dust or effluvia.] Para. spent 1981 NI 4 PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 108 108. It shall be the duty of every [district council] to cause to be made from time to time inspection of their district, with a view to ascertain what nuisances exist calling for abatement under the powers of this Act, and to enforce the provisions of this Act in order to abate the same .... PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 109 Duty of district council to inspect district for detection of nuisances. 109. Information of any nuisance under this Act in the district of any [district council] may be given to such [district council] by any person aggrieved thereby, or by any two inhabitant householders of such district, or by any officer of such [council], ... or by any constable or officer of the police force of such district. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 110 Information of nuisances to district council. 110. On the receipt of any information respecting the existence of a nuisance the [district council] shall, if satisfied of the existence of a nuisance, serve a notice on the person by whose act, default, or sufferance the nuisance arises or continues, or, if such person cannot be found, on the owner or occupier of the premises on which the nuisance arises, requiring him to abate the same within a time to be specified in the notice, and to execute such works and do such things as may be necessary for that purpose: Provided First. That where the nuisance arises from [any defect of a structural character, the notice shall be served on the owner of the premises]: Secondly. That where the person causing the nuisance cannot be found and it is clear that the nuisance does not arise or continue by the act, default, or sufferance of the owner or occupier of the premises, the [district council] may themselves abate the same without further order. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 111 District council to serve notice requiring abatement of nuisance. 111. If the person on whom a notice to abate a nuisance has been served makes default in complying with any of the requisitions thereof within the time specified, or if the nuisance, although abated since the service of the notice, is, in the opinion of the [district council], likely to recur on the same premises, the [district council] shall cause a complaint relating to such nuisance to be made before a justice, and such justice shall thereupon issue a summons requiring the person on whom the notice was served to appear before a court of summary jurisdiction. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 112 On non-compliance with notice, complaint to be made to justice. 112. If the court is satisfied that the alleged nuisance exists, or that although abated it is likely to recur on the same premises, the court shall make an order on such person requiring him to comply with all or any of the requisitions of the notice, or otherwise to abate the nuisance within a time specified in the order, and to do any works necessary for the purpose; or an order prohibiting the recurrence of the nuisance and directing the execution of any works necessary to prevent the recurrence; or an order both requiring abatement and prohibiting the recurrence of the nuisance. The court may by their order impose a penalty not exceeding [#200] on the person on whom the order is made, and shall also give directions as to the payment of all costs incurred up to the time of the hearing or making the order for abatement or prohibition of the nuisance. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 113 Power of court of summary jurisdiction to make order dealing with nuisance. 113. Where the nuisance proved to exist is such as to render a house or building, in the judgment of the court, unfit for human habitation, the court may prohibit the using thereof for that purpose until, in its judgment, the house or building is rendered fit for that purpose; and on the court being satisfied that it has been rendered fit for that purpose the court may determine its previous order by another, declaring the house or building habitable, and from the date thereof such house or building may be let or inhabited. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 114 Order of prohibition in case of house unfit for human habitation. 114. Any person not obeying an order to comply with the requisitions of the [district council] or otherwise to abate the nuisance, shall, if he fails to satisfy the court that he has used all due diligence to carry out such order, be liable to a penalty not exceeding [#400 and where a person is guilty of an offence against this section within one year after the conviction he shall be guilty of a further offence and shall be liable, in addition to that fine, to a fine not exceeding #50 for every day subsequent to the day on which he is first convicted of an offence under this section on which this section is contravened]; and any person knowingly and wilfully acting contrary to an order of prohibition shall be liable to a penalty not exceeding [#400 and where a person is guilty of an offence against this section within one year after the conviction he shall be guilty of a further offence and shall be liable, in addition to that fine, to a fine not exceeding #50 for every day subsequent to the day on which he is first convicted of an offence under this section on which this section is contravened]; moreover, the [district council] may enter the premises to which any order relates, and abate the nuisance, and do whatever may be necessary in execution of such order, and recover in a summary manner the expenses incurred by them from the person on whom the order is made. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 115 Penalty for contravention of order of court. 115. Where any person appeals against an order to the court of quarter sessions in manner provided by this Act, no liability to penalty shall arise, nor shall any proceedings be taken or work be done under such order, until after the determination of such appeal, unless such appeal ceases to be prosecuted. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 116 Appeal against order. 116. Whenever it appears to the satisfaction of the court of summary jurisdiction that the person by whose act or default the nuisance arises, or the owner or occupier of the premises is not known or cannot be found, then the order of the court may be addressed to and executed by the [district council]. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 117 In certain cases order may be addressed to district council. 117. Any matter or thing removed by the [district council] in abating any nuisance under this Act may be sold by public auction; and the money arising from the sale may be retained by the [district council], and applied in payment of the expenses incurred by them with reference to such nuisance, and the surplus (if any) shall be paid, on demand, to the owner of such matter or thing. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 118 Power to sell manure, &c. 118. The [district council], ..., shall be admitted into any premises for the purposes of examining as to the existence of any nuisance thereon ..., at any time between the hours of nine in the forenoon and six in the afternoon, or in the case of a nuisance arising in respect of any business, then at any hour when such business is in progress or is usually carried on. Where under this Act a nuisance has been ascertained to exist, or an order of abatement or prohibition has been made, the [district council], ..., shall be admitted from time to time into the premises between the hours aforesaid, until the nuisance is abated, or the works ordered to be done are completed, as the case may be. Where an order of abatement or prohibition has not been complied with, or has been infringed, the [district council], ..., shall be admitted from time to time at all reasonable hours, or at all hours during which business is in progress or is usually carried on, into the premises where the nuisance exists, in order to abate the same. If admission to premises for any of the purposes of this section is refused, any justice, on complaint thereof on oath by ... the [district council] (made after reasonable notice in writing of the intention to make the same has been given to the person having custody of the premises), may, by order under his hand, require the person having custody of the premises to admit the [district council], ..., into the premises during the hours aforesaid, and if no person having custody of the premises can be found, the justice shall, on oath made before him of that fact, by order under his hand, authorise the [district council], ..., to enter such premises during the hours aforesaid. Any order made by a justice for admission of the [district council], ..., on premises shall continue in force until the nuisance has been abated, or the work for which the entry was necessary has been done. [A district council may arrange for the discharge of any of their functions under this section by any of their officers.] PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 119 Power of entry of district council. 119. Any person who refuses to obey an order of a justice for admission of the [district council], or any of their officers, on any premises shall be liable to a penalty not exceeding five pounds. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 120 Penalty for disobedience of order. 120. All reasonable costs and expenses incurred in making a complaint, or giving notice, or in obtaining any order of the court or any justice in relation to a nuisance under this Act, or in carrying the same into effect, shall be deemed to be money paid for the use and at the request of the person on whom the order is made; or if the order is made on the [district council], or if no order is made, but the nuisance is proved to have existed when the complaint was made or the notice given, then of the person by whose act or default the nuisance was caused; and in case of nuisances caused by the act or default of the owner of premises, such costs and expenses may be recovered from any person who is for the time being owner of such premises: Provided, that such costs and expenses shall not exceed in the whole one year's rackrent of the premises. Such costs and expenses, and any penalties incurred in relation to any such nuisance, may be recovered in a summary manner or in the Civil Bill Court or in any superior court; and the court shall have power to divide costs, expenses and penalties between persons by whose acts or defaults a nuisance is caused as to it may seem just. Any costs and expenses recoverable under this section by a [district council] from an owner of premises may be recovered from the occupier for the time being of such premises; and the owner shall allow such occupier to deduct any moneys which he pays under this enactment out of the rent from time to time becoming due in respect of the said premises, as if the same had been actually paid to such owner as part of such rent: Provided, that no such occupier shall be required to pay any further sum than the amount of rent for the time being due from him, or which, after demand of such costs or expenses from such occupier, and after notice not to pay his landlord any rent without first deducting the amount of such costs or expenses, becomes payable by such occupier, unless he refuses, on application to him by the [district council], truly to disclose the amount of his rent and the name and address of the person to whom such rent is payable; but the burden of proof that the sum demanded from any such occupier is greater than the rent due by him at the time of such notice, or which has since accrued, shall lie on such occupier: Provided also, that nothing herein contained shall affect any contract between any owner or occupier of any house, building, or other property whereby it is or may be agreed that the occupier shall pay or discharge all rates, dues, and sums of money payable in respect of such house, building, or other property, or to affect any contract whatsoever between landlord and tenant. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 121 Costs and expenses of execution of provisions relating to nuisances. 121. Complaint may be made to a justice of the existence of a nuisance under this Act on any premises within [any district] by any person aggrieved thereby, or by any inhabitant of such district, or by any owner of premises within such district, and thereupon the like proceedings shall be had with the like incidents and consequences as to making of orders, penalties for disobedience of orders, appeal, and otherwise, as in the case of a complaint relating to a nuisance made to a justice by the [district council]: Provided that the court may, if it thinks fit, adjourn the hearing or further hearing of the summons for an examination of the premises where the nuisance is alleged to exist, and may authorise the entry into such premises of any constable or other person for the purposes of such examination: Provided also, that the court may authorise any constable or other person to do all necessary acts for executing an order made under this section, and to recover the expenses from the person on whom the order is made in a summary manner. Any constable or other person authorised under this section shall have the like powers and be subject to the like restrictions as if he were ... the [district council] authorised under the provisions of this Act relating to nuisances to enter any premises and do any act thereon. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 122 Power of individual to complain to justice of nuisance. 122. Where it is proved to the satisfaction of the Local Government Board that a [district council] have made default in doing their duty in relation to nuisances under this Act, the Local Government Board may authorise any officer of police... to institute any proceeding which the defaulting authority might institute with respect to such nuisances; and such officer may recover in a summary manner, or in the Civil Bill or any superior court, any expenses incurred by him, and not paid by the person proceeded against, from the defaulting authority: But such officer of police ... shall not be at liberty to enter any house or part of a house used as the dwelling of any person without such person's consent, or without the warrant of a justice, for the purpose of carrying into effect this enactment. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 123 Power of officer of police to proceed in certain cases against nuisances. 123. Any [district council] may, if in their opinion summary proceedings would afford an inadequate remedy, cause any proceedings to be taken against any person in any superior court of law or equity to enforce the abatement or prohibition of any nuisance under this Act, or for the recovery of any penalties from or for the punishment of any persons offending against the provisions of this Act relating to nuisances, ... PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 124 District council may take proceedings in superior court for abatement of nuisances. 124. Where a nuisance under this Act within the district of a [district council] appears to be wholly or partially caused by some act or default committed or taking place without their district, the [district council] may take or cause to be taken against any person in respect of such act or default any proceedings in relation to nuisances by this Act authorised, with the same incidents and consequences, as if such act or default were committed or took place wholly within their district; so, however, that summary proceedings shall in no case be taken otherwise than before a court having jurisdiction in the district where the act or default is alleged to be committed or take place. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 125 Power to proceed where cause of nuisance arises without district. 125. Where two convictions against the provisions of any Act relating to the overcrowding of a house have taken place in respect of the same house within a period of three months (whether the persons convicted were or were not the same) a court of summary jurisdiction may, on the application of the [district council] of the district in which the house is situated, direct the closing of the house for such period as the court may deem necessary. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 126 Provision in case of two convictions for overcrowding. 126. For the purpose of the provisions of this Act relating to nuisances any ship or vessel lying in any river, harbour, or other water within the district of a [district council] shall be subject to the jurisdiction of that [council] in the same manner as if it were a house within such district; and any ship or vessel lying in any river, harbour, or other water not within the district of a [district council] shall be deemed to be within the district of such [district council] as may have been or may be prescribed by the Local Government Board, and where no [district council] has been prescribed, then of the [district council] whose district nearest adjoins the place where such ship or vessel is lying. The master or other officer in charge of any such ship or vessel shall be deemed for the purpose of the said provisions to be the occupier of such ship or vessel. This section shall not apply to any ship or vessel under the command or charge of any officer bearing Her Majesty's commission, or to any ship or vessel belonging to any foreign government. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 127 Provision as to ships. 127. The provisions of this Act relating to nuisances shall be deemed to be in addition to and not to abridge or affect any right, remedy, or proceeding under any other provisions of this Act, or under any other Act not by this Act repealed, or at law or in equity: Provided, that no person shall be punished for the same offence both under the provisions of this Act relating to nuisances and under any other law or enactment. Provisions of Act relating to nuisances not to affect other remedies. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 128 128. Any person who, after the passing of this Act, establishes within the district of [a district council], without their consent in writing, any offensive trade; that is to say, the trade of Blood boiler, or Bone boiler, or Fellmonger, or Soap boiler, or Tallow melter, or Tripe boiler, or gut manufacturer, or [Any other trade, business or manufacture which the [district council] declare by order confirmed by the Local Government Board and published in such manner as the Board direct, to be an offensive trade], Restriction on establishment of offensive trade. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 129 129. Every [district council] shall from time to time, with the sanction of the Local Government Board, make byelaws with respect to any offensive trades established with their consent either before or after the passing of this Act, in order to prevent or diminish the noxious or injurious effects thereof. Ss.130. 131 rep. by 1964 c.16 (NI) s.44(1) sch.4. Ss.132136 rep. by 1958 c.27 (NI) s.73(1) sch.4 Pt.I. Ss.137139 rep. by 1890 c.34 s.5; 1967 c.36 (NI) s.33 sch.3. Ss.140156 rep. by 1948 c.3 (NI) s.83 sch.10; 1953 c.14 (NI) s.1(2); 1963 c.30 (NI) s.1; 1967 c.36 (NI) s.33 sch.3 Byelaws as to offensive trades. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 157 157. Any [district council] may, and if required by the Local Government Board shall, provide and fit up a proper place or places for the reception of dead bodies before interment (in this Act called a Mortuary), and may make byelaws with respect to the management and charges for the use of the same; they may also provide for the decent and economical interment, at charges to be fixed by such byelaws, of any dead body which may be received into a mortuary. S.158 rep. by 1949 c.1 (NI) s.34(4) sch.2 Pt.I; 1967 c.36 (NI) s.33 sch.3 PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 159 Power of district council to provide mortuaries. 159. Any [district council] may provide and maintain a proper place (otherwise than at a ... mortuary) for the reception of dead bodies during the time required to conduct any post-mortem examination ordered by a coroner or other constituted authority, and may make regulations with respect to the management of such place; and where any such place has been provided, a coroner or other constituted authority may order the removal of the body to and from such place for carrying out such post-mortem examination, such costs of removal to be paid in the same manner and out of the same fund as the costs and fees for post-mortem examinations when ordered by the coroner. Power of district council to provide places for post-mortem examinations. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 160 160. [The council for each district], ... shall be the burial board for such district, and such burial board shall, in carrying into execution the provisions of this Part of this Act, be subject to the control and direction of the Local Government Board .... PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 161 District council to be burial board. 161. Every burial ground heretofore vested in a board of guardians by the Commissioners of Church Temporalities in Ireland shall be transferred to and shall vest in the burial board as constituted by this Act of the district within which it is situate, subject to all rights, liabilities, and obligations affecting the same, and any burial ground hereafter to be vested by the said Commissioners in a burial board shall be vested by them in the burial board of the district in which such burial ground shall be situate, anything to the contrary heretofore enacted notwithstanding. All burial grounds and all property, real and personal, including all interests, rights, and easements in, to, and out of property, real and personal (including things in action), heretofore belonging to or vested in any burial board under the Burial Grounds Acts shall be transferred to and vest in the burial board (as constituted by this Act) of the district within which the same are situate, subject to all rights, debts, liabilities, and obligations affecting the same. Provided, that every burial ground heretofore acquired by any burial board under the provisions of the Burial Grounds Acts, or of any local Act, situate wholly or in part without the limits of the district of such burial board, shall for all the purposes of this Act be deemed to be situate wholly within the limits of the district of such burial board. All such property shall be held by such burial board upon trust for the district or several places respectively within its jurisdiction as a burial board under this Act. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 162 Vesting of burial ground by Church Temporalities Commissioners. 162. In case it shall appear to the Local Government Board, upon representation made to it or otherwise, that for the protection of public health the opening of any new burial ground in any city or town, or within any other limits in Ireland, save with the approval of the Local Government Board, should be prohibited, or that for such protection of public health, or for the maintenance of public decency, or to prevent a violation of the respect due to the remains of deceased persons, that burials in any city or town, or within any other limits, or in any burial ground or places of burial in Ireland, should be wholly discontinued, or should be discontinued subject to any exception or qualification, it shall be lawful for the Local Government Board to order that no new burial ground shall be opened in any city or town or within such limits, without such previous approval, or that after a time mentioned in the order burials in any such city or town, or within such limits, or in such burial grounds, or places of burial, shall be discontinued wholly or subject to any exceptions or qualifications mentioned in such order, and so from time to time as circumstances may require. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 163 On representation duly made, Local Government Board may restrain the opening of new burial grounds, and order discontinuance of burials in specified places. 163. When and so often as such representation shall have been made, or otherwise as occasion may require, it shall and may be lawful for the Local Government Board, if it shall think fit, to direct an inquiry to be made in the place or district in which any such burial ground or place of burial may be situate, in respect of any matter in relation thereto, after notice shall have been given of the time, place, and subject of such inquiry, such notice to be published once in the [Belfast Gazette], and affixed on the doors of the church and chapel of, or in some other conspicuous places within, the parish in which such burial ground may be situate, three weeks before the time of holding such inquiry; and it shall be lawful for one of the inspectors of the said Local Government Board to hold such inquiry, and upon receipt of the report of such inspector as to the result of such inquiry, and of the evidence, if any, taken thereon, it shall be lawful for the Local Government Board to act, and deal with, and make such order in the case, in such manner and in such form, and without further notice, as to them may seem meet; and at any time thereafter to vary such order as occasion may require, and every such order or amended order shall be deemed in all respects valid and effectual in law. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 164 Power to direct local inquiry. 164. It shall be lawful for the Local Government Board to postpone the time appointed by any order for the discontinuance of burials, or otherwise to vary any order made under this Act, (whether the time thereby appointed for the discontinuance of burials thereunder or other operation of such order shall or shall not have arrived,) as to the said board shall seem fit; and every order of the said board made for varying any order previously made under this Act shall be deemed valid and effectual in law. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 165 Local Government Board may postpone order for discontinuance of burials, &c. 165. No such order as aforesaid shall be deemed to extend to any burial ground of the people called Quakers, used solely for the burial of the bodies of such people, unless the same shall be expressly mentioned in such order, and nothing in this Act shall prevent the burial of the bodies of such people in any such burial ground in which for the time being interment is not required to be discontinued. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 167 Order not to extend to burial grounds of Quakers, unless expressly included. 167. If any person, after the time mentioned in any order under this Act for the discontinuance of burials, knowingly and wilfully buries any body, or in anywise acts or assists in the burial of any body, in or under any church, chapel, churchyard, burial ground, or place of burial or elsewhere, as the case may be, within the limits in which burials have by such order been ordered to be discontinued, in violation of the provisions of any such order, every person so offending shall, upon conviction thereof before a court of summary jurisdiction, forfeit a sum not exceeding ten pounds. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 168 Penalty on persons burying contrary to the provisions of orders. 168. Notwithstanding any such order as aforesaid where, by usage or otherwise, there is at the time of the passing of this Act any usage or right of interment in or under any church or chapel affected by such order, or in any vault of any such church or chapel, or of any churchyard or burial ground affected by such order, and where any exclusive right of interment in any such burial ground has been purchased or acquired before the passing of the Burial Grounds (Ireland) Act, 1856, it shall be lawful for the Local Government Board, from time to time, on application being made to it, and on being satisfied that the exercise of such right is not injurious to health, to grant a license for the exercise of such right, during such time and subject to such conditions and restrictions as the said board may think fit; but such license shall not prejudice or in any way affect the authority of any person who if this Act had not been passed might have prohibited or controlled interment under such right, nor dispense with any consent which would have been required under such right, nor otherwise give to such right any greater force or effect than the same would have had if this Act had not been passed. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 169 1856 c.98 169. Where by any such order as aforesaid it is ordered that no new burial ground shall be opened in any city or town or within any limits in such order mentioned, without the previous approval of the Local Government Board, no new burial ground or cemetery shall be provided and used in such city or town or within such limits without such previous approval. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 170 New burial grounds not to be opened contrary to order. 170. Where by usage or otherwise any grave, vault, or place of interment in any burial ground or cemetery has been the burying place of and used as such by any family, no corpse of any person not having been a member of such family shall be buried in such grave, vault, or place of interment without the consent in writing of some immediate relative of the member of such family last interred therein; and if any person shall knowingly act or assist in any burial contrary to the provisions of this section, every such person shall be liable, on summary conviction before a court of summary jurisdiction, to a penalty not exceeding ten pounds; and upon any complaint made under this section it shall be lawful for the court to make such order for the exhumation and re-interment of such corpse so buried as to such court shall seem fit. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 171 No corpse to be buried in private grave without consent. 171. No animal of any description shall be allowed to graze or to be within the limits of any burial ground having a sufficient fence; and it shall be lawful for a court of summary jurisdiction to order the owners of any animal or animals so found within such burial ground to pay as a fine a sum not exceeding [10p] and not less than [5p] for each animal so found as aforesaid, and to levy and dispose of said fine in the same manner as fines for trespass of cattle are now levied and disposed of under the provisions of the law at present in force in Ireland. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 172 No animal to be allowed to graze in burial places. 172. In any district in which no burial ground has been closed ... the burial board shall, on the requisition in writing of ten or more persons assessed for the relief of the poor in such burial board district, or upon the requisition in writing of any two or more members of the burial board, [arrange for the convening of] a special meeting of the burial board for determining whether a burial ground shall be provided under this Act for the burial board district or any part thereof; and if a majority of such meeting shall resolve that a burial ground shall be provided under this Act, such new burial ground shall be provided, in the same manner as if an old burial ground had been closed as hereinafter directed. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 173 Upon requisition, meeting of board to be convened to determine whether burial ground shall be provided. 173. Whenever any burial ground shall have been closed in any burial board district, by order, the burial board may, if it shall seem necessary or expedient, forthwith proceed to provide a suitable and convenient burial ground in place thereof, and to make arrangements for facilitating interments therein, under the provisions of this Act. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 174 When burial grounds are closed by order, board to provide suitable burial grounds, &c. 174. A burial ground may be provided under this Act, either within or without the limits of the burial board district, and such burial ground shall, for the purposes of this Act, be considered as if the same was within such limits; but no ground not already used as or appropriated for a cemetery shall be appropriated as a burial ground, or as an addition to a burial ground, under this Act, nearer than one hundred yards to any dwelling-house, without the consent in writing of the owner, lessee, and occupier of such dwelling-house. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 175 Consent of owners of houses to new burial grounds, where necessary. 175. It shall be lawful for the burial board to contract for and purchase or take any lands, and buildings thereon, for the purpose of forming a burial ground, or for making additions to any burial ground formed or purchased under the Burial Grounds Acts or this Act, as such board may think fit, or to purchase from any company or persons entitled thereto any cemetery or cemeteries or part or parts thereof, subject to the rights in vaults and graves and other subsisting rights which may have been previously granted therein: Provided always, that it shall be lawful for such board, in lieu of providing any such burial ground, to contract with any such company or persons entitled as aforesaid for the interment in such cemetery or cemeteries, and either in any allotted part of such cemetery or cemeteries or otherwise, and upon such terms as the burial board may think fit, of the bodies of persons who would have had rights of interment in the burial grounds of such district or place. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 176 Board may purchase land for cemeteries, or contract with cemetery companies. 176. Where any burial ground is closed under the provisions of the Burial Grounds Acts or this Act, and a new burial ground provided in place thereof, the whole burthen upon and liabilities attaching to the burial ground so closed shall be transferred to and become burthens upon the burial ground provided in place thereof, and the revenues of the new burial ground shall be liable for the same in like manner as the revenues of the burial ground so closed were liable. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 177 Liabilities of old burial grounds transferred to new burial grounds. 177. The general management, regulation, and control of the burial grounds provided under the Burial Grounds Acts or this Act shall, subject to the provisions of this Act and the regulations to be made thereunder, be vested in and exercised by the respective burial boards providing the same: Provided always, that any question which shall arise touching the fitness of any monumental inscription placed or proposed to be placed in any part or portion of such grounds shall be determined by the proper ministers of the religious denomination to which such part or portion shall have been allotted: Provided also, that at the burials of the bodies of members of any church or religious denomination, burial service according to the respective rites of such church or denomination may be performed or celebrated by the proper ministers of such church or denomination. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 178 Management to be vested in burial boards. 178. Any burial board, under such restrictions and conditions as they think proper, may sell the exclusive right of burial, either in perpetuity or for a limited period, in such parts of any burial ground provided by such board as may be appropriated to that purpose, and also the right of constructing any chapel, vault, or place of burial, with the exclusive right of burial therein, in perpetuity or for a limited period, and also the right of erecting and placing any monument, gravestone, tablet, or monumental inscription in such burial ground, subject to the provisions hereinbefore contained: Proviso rep. by 1962 c.12 (NI) s.32 sch. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 179 Boards may sell exclusive rights of burial, and rights to erect monuments, &c. 179. Any burial board may make such arrangements as they may from time to time think fit for regulating and facilitating the conveyance of the bodies of the dead from the place of death to any burial ground subject to the provisions of this Act and subject thereto and to the regulations to be made thereunder; and it shall be lawful for any of the aforesaid cemetery companies from whom the burial board shall have made any such purchase, or with whom the burial board shall have made any such contract as herein-before provided, to undertake any such arrangement, and to carry the same into effect subject to the provisions and regulations aforesaid. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 180 Boards may make arrangements for facilitating the conveyance of bodies to burial grounds. 180. It shall be lawful for any burial board, subject to the provisions of this Act and the regulations to be made thereunder, to hire, take, or lease, or otherwise to provide, fit and proper places in which bodies may be received and taken care of previously to interment, and to make arrangements for the reception and care of the bodies to be deposited therein; and for providing such places such boards may exercise all the powers vested in them under this Act for providing burial grounds. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 181 Places may be provided for reception of bodies until interment. 181. It shall be lawful for the Local Government Board from time to time to make such rules and regulations in relation to the burial grounds and places of reception of bodies previous to interment under this Act as may seem proper for the protection of the public health and the maintenance of public decency, and for the proper registry of interments, and to provide for the imposition and recovery of penalties, not exceeding ten pounds for each offence, for the breach or non-observance of such regulations; and the burial boards, and all other persons having the care of such burial grounds and places for the reception of bodies, shall conform to and obey such regulations. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 182 Local Government Board may make regulations as to burial grounds, &c. 182. No funeral procession, or carriage in such procession, and no foot passenger, shall, while going to or returning from the place of interment on the occasion of any interment, be liable to any toll or pontage. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 183 Exemption of burials from toll. 183. It shall be lawful for any burial board to enclose, lay out, and embellish any burial ground, subject to the jurisdiction of such board, in such manner as may be fitting or proper: Provided always, that in all cases in which a burial board shall provide a new burial ground under this Act, it shall be lawful for such burial board, with the sanction of the Local Government Board, to divide such new burial ground or some part thereof into certain parts and proportions, to be allotted in such manner as to the Local Government Board shall seem fit, for the burial of the members of any particular religious denomination; and each such allotment shall, as the case may require, be consecrated according to the rites and by the proper ministers of the respective religious denominations for which each such allotment is so set apart. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 184 Board may lay out and embellish burial ground. 184. It shall be lawful for any burial board to contract for and purchase any lands, and buildings thereon, for the purpose of making additions to any burial ground, although such burial ground shall not have been formed or purchased under the authority of this Act or any other Act of Parliament, provided that such burial ground is not attached or contiguous to any church or chapel or place of worship actually used for divine worship, nor is situate in a private demesne; and such burial board shall have and may exercise, with respect to the acquisition and management of such additions, all the powers and authorities and be subject to all the provisions contained in this Act with respect to the acquisition and management of the new burial grounds. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 185 Provisions of Act extended to additions to existing burial grounds. 185. When any burial ground not being attached or contiguous to any such church, chapel, or place of worship, nor situate, as aforesaid, is without any sufficient fence, or is not kept in decent order, the burial board for the district within which such burial ground shall be situated may, by notice in writing to the owner of such burial ground, require him properly to fence the same or put the same in decent order within a time to be specified in such notice, not being less than six calendar months, and if such notice be not complied with within the time specified in such notice, the said burial board may securely fence such burial ground, and put the same into decent order, and the expense thereof shall be deemed part of the expenses incurred by the burial board in the execution of this Act; and whenever it shall be necessary for obtaining convenient access for the purposes aforesaid, the said owner, or the burial board, and all persons authorised by them, may for the purpose of such access enter upon any lands adjoining the burial ground, doing no unnecessary damage, and any person injured by such entry shall be compensated in the manner provided by this Act in that behalf: Provided always, that if any dispute shall arise between the burial board and the owners as to the necessity of such notice, or the sufficiency of his compliance with the same, or upon any ground connected with the work so required to be done, such dispute shall be referred to the Local Government Board, whose decision shall be final. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 186 When burial ground not fenced or kept in decent order by owner, burial board may serve a notice requiring the same to be fenced, &c. 186. When such owner cannot be ascertained, or notice as aforesaid cannot be served, such burial board may give notice, by public advertisement in some newspaper circulating in the [district] wherein such burial ground is situated, of their intention to fence such burial ground, or put the same in decent order, as the case may be, and after the expiration of a time to be specified in such notice, not being less than six calendar months, may proceed to fence such burial ground, or put the same in decent order; and when such notice shall have been given or advertisement published and the expense of fencing of such burial ground or putting the same in decent order shall have been defrayed by such burial board, as herein-before mentioned, such burial ground shall be under the control and management of such burial board, and they shall be deemed the owners thereof until such time as they shall have been reimbursed by the owner thereof the expense so incurred by them, with interest thereon at the rate of five pounds per centum per annum. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 187 After six months from service of notice, &c. burial board empowered to fence burial ground, and keep the same in order, and take the management. 187. When the owner of any burial ground shall be desirous of putting the same under the management of the burial board of the district, it shall be lawful for such burial board to accept the management thereof, and thereupon the said burial board shall be deemed the owners thereof, and shall have and exercise all the powers and authorities of this Act, with respect to the same, until the owner, his heirs or assigns, shall repay to the said burial board all expenses incurred by them in securely fencing such burial ground or putting the same into decent order, with interest thereon at the rate of five pounds per centum per annum. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 188 Burial boards may accept the management of burial grounds. 188. Every burial board under this Act may, ..., fix and receive such fees and payments in respect of interments in any burial ground provided by such board as they shall think fit, and from time to time revise and alter such fees and payments; and a table showing such fees and payments shall be printed and published, and shall be affixed and at all times continued on some conspicuous part of such burial ground. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 189 Board to fix payments for interments in burial grounds. 189. Minutes of all proceedings of the burial board under this Act, with the names of the members who attend each meeting, shall be kept; and the burial board shall provide and keep books in which shall be entered true and regular accounts of all sums of money received and paid by such board for or on account of the purposes of this Act, and of all liabilities incurred by them for such purposes, and of the several purposes for which such sums of money are paid and such liabilities incurred; and all such books shall at all reasonable times be open to the examination of every member of the burial board and of every person liable to pay poor rates in respect of property within the district, without fee, who may take copies of or extracts from such books, or any part thereof, without paying for the same. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 190 Minutes of proceedings of board to be entered in a book. Board to keep accounts, which shall be open to inspection. 190. A burial board may appoint and may remove at pleasure a clerk and such other officers and servants as shall be necessary for the business of the board in respect of or for the purposes of their burial ground, and may appoint reasonable salaries, wages, and allowances for such clerk, officers, and servants, and, when necessary, may hire a sufficient office for transacting the business of such burial board; and the provisions and clauses of the Commissioners Clauses Act, 1847, with respect to the "appointment and accountability of the officers of the commissioners," shall, so far as the same are not varied by or inconsistent with the provisions of this Act, be incorporated therewith; and the commissioners in the said Act shall signify the "burial board" under this Act. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 191 1847 c.16 191. All burials within any burial ground provided under this Act shall be registered in a register book to be provided by the burial board providing such ground, and kept for that purpose; and such register book shall be so kept by some officer appointed by the said board to do that duty; and in such register book shall be distinguished in what parts of the burial ground the several bodies (the burials of which are entered in such register book), are buried; and such register book, or copies or extracts thereof, or any document purporting to be a copy or extract thereof, shall be received in all courts as evidence of the burials entered therein .... PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 192 Register of burials in every ground provided under this Act to be kept by burial board. 192. Subject to the provisions of this Act, it shall be lawful for [a district council] to appropriate for the purposes of burial grounds under this Act any land ... vested in any trustees, or others for the general benefit of the [district], or any specific charity: Provided always, that when any land so appropriated shall be subject to any charitable use such land shall be taken on such conditions only as the [High Court of Justice in Northern Ireland], in the exercise of its jurisdiction over charitable trusts, shall appoint and direct. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 193 District council may appropriate lands for purposes of Act. 193. The provisions of the Cemeteries Clauses Act, 1847, with respect to the protection of the cemetery, shall be incorporated with this Act, and be applicable to any burial ground under this Act; and the words "the Company" in the Cemeteries Clauses Act, 1847, shall signify the "burial board" under this Act. S.194 rep. by 1972 NI 16 art.63(3) sch.19 PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 195 Certain provisions of 1847 c.65 incorporated with this Act. 195. It shall be lawful for any burial board, with the sanction of the Local Government Board, and subject to regulations approved of by the said board, to let any land purchased by and vested in them under this Act, and which has not been consecrated, and in which no body has been at any time interred, and which is not for the time being required for the purposes of a burial ground, in such manner and on such terms as such board may see fit; but so, nevertheless, that power shall be reserved to such board to resume any such land which may be required for the purposes aforesaid, upon giving six months notice. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 196 Burial board may let land not required for burials. 196. In every case in which any order has been or shall hereafter be issued for the discontinuance of burials in any churchyard or burial ground not vested in any other person or persons, the burial board shall maintain such churchyard or burial ground in decent order, and also do the necessary repair of the walls and other fences thereof; and any costs and expenses incurred in so doing shall be deemed to be expenses of the burial board, and shall be defrayed accordingly, unless there shall be some other fund legally chargeable with such costs and expenses. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 199 Burial board to keep in order closed burial grounds, &c. 199. The provisions of this part of this Act shall not apply to any private and exclusive family mausoleum or burial place not being within the limits of any public burial ground. Ss.200, 201 rep. by 1966 c.38 (NI) s.28 sch.3; 1972 c.9 (NI) s.149 sch.9. Ss.202204 rep. by 1934 c.22 (NI) s.46 sch.3; 1973 NI 2 art.60 (2) sch.4 S.205 rep. by 1972 c.9 (NI) s.149 sch.9. S.206 rep. by 1898 c.37 s.110 sch.6 Pt.VI PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 207 Not to apply to private mausoleums. 207. The Local Government Board may, on the application of any [district council] acting as a burial board, by a provisional order, transfer any burial ground to which this Act applies from any burial board to any other burial board, and provide for the rights of all persons interested therein, and for the discharge of any liabilities and the adjustment of any claims affecting the same, and may make all such other provisions as may be proper for carrying such transfer into effect. S.208 rep. by 1972 c.9 (NI) s.149 sch.9 PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 209 Transfer of burial grounds. 209. The Local Government Board may from time to time cause to be made such inquiries as are directed by this Act, and such inquiries as they see fit in relation to any matters concerning the public health in any place, or any matters with respect to which their sanction, approval, or consent is required by this Act. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 210 Power of Local Government Board to direct inquiries. 210. The Local Government Board may make orders as to the cost of inquiries or proceedings instituted by, or of appeals to the said Board under this Act, and as to the parties by whom ... such costs shall be borne; and every such order may be made a rule of one of the superior courts of law on the application of any person named therein. S.211 rep. by 1896 c.54 s.15 PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 212 Orders as to cost of inquiries. 212. All orders made by the Local Government Board in pursuance of this Act shall be binding and conclusive in respect of the matters to which they refer, and shall be published in such manner as that Board may direct. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 213 Orders of Local Government Board under this Act. 213. Inspectors of the Local Government Board shall, for the purposes of any inquiry directed by the Board, have, in relation to witnesses and their examination, the production of papers and accounts, and the inspection of places and matters required to be inspected, similar powers to those conferred upon Poor Law inspectors by the Poor Law Acts. Powers of inspectors of Local Government Board. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 214 214. With respect to provisional orders authorised to be made by the Local Government Board under this Act, the following provisions shall apply: (1)The Local Government Board shall not make any provisional order under this Act unless public notice of the purport of the proposed order has been previously given by advertisement in two successive weeks in some newspaper or newspapers circulating in the district or districts to which such provisional order relates: (2)Before making any such provisional order, the Local Government Board shall consider any objections which may be made thereto by any persons affected thereby, and in cases where the subject matter is one to which a local inquiry is applicable, shall cause to be made a local inquiry, of which public notice shall be given in manner aforesaid, and at which all persons interested shall be permitted to attend and make objections: (3)The Local Government Board may submit to Parliament for confirmation any provisional order made by it in pursuance of this Act, but any such order shall be of no force whatever unless and until it is confirmed by Parliament: (4)If while the Bill confirming any such order is pending in either House of Parliament, a petition is presented against any order comprised therein, the Bill, so far as it relates to such order, may be referred to a Select Committee, and the petitioner shall be allowed to appear and oppose as in the case of private bills: (5)Any Act confirming any provisional order made in pursuance of any of the Sanitary Acts or of this Act, and any Order in Council made in pursuance of any of the Sanitary Acts, may be repealed, altered, or amended by any provisional order made by the Local Government Board and confirmed by Parliament: (6)The Local Government Board may revoke, either wholly or partially, any provisional order made by them before the same is confirmed by Parliament, but such revocation shall not be made whilst the Bill confirming the order is pending in either House of Parliament: (7)The making of a provisional order shall be a prima8 facie evidence that all the requirements of this Act in respect of proceedings required to be taken previously to the making of such provisional order have been complied with: (8)Every Act confirming any such provisional order shall be deemed to be a public general Act. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 215 As to provisional orders made by Local Government Board. 215. The reasonable costs of any [district council] in respect of provisional orders made in pursuance of this Act, and of the inquiry preliminary thereto, as sanctioned by the Local Government Board, whether in promoting or opposing the same, shall be deemed to be expenses properly incurred for purposes of this Act by the [district council] interested in or affected by such provisional orders, and such costs shall be paid accordingly; .... Costs of provisional order. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 216 216. In case of dispute as to the amount of any compensation to be made under the provisions of this Act (except where the mode of determining the same is specially provided for), and in case of any matter which by this Act is authorised or directed to be settled by arbitration, then, unless both parties concur in the appointment of a single arbitrator, each party shall appoint an arbitrator to whom the matter shall be referred. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 217 Mode of reference to arbitration. 217. With respect to arbitrations under this Act, the following regulations shall be observed; (that is to say,) (1)Every appointment of an arbitrator under this Act when made on behalf of the [Ministry of Development or a district council] shall be under their common seal, and on behalf of any other party under his hand, or if such party be a corporation aggregate under their common seal: (2)Every such appointment shall be delivered to the arbitrators, and shall be deemed a submission to arbitration by the parties making the same: (3)After the making of any such appointment the same shall not be revoked without the consent of both parties, nor shall the death of either party operate as a revocation: (4)If for the space of fourteen days after any matter by this Act authorised or directed to be settled by arbitration has arisen, and notice in writing by one party who has duly appointed an arbitrator has been given to the other party, stating the matter to be referred, and accompanied by a copy of such appointment, the party to whom notice is given fails to appoint an arbitrator, the arbitrator appointed by the party giving the notice shall be deemed to be appointed by and shall act on behalf of both parties: (5)If before the determination of any matter so referred any arbitrator dies or refuses or becomes incapable to act, the party by whom such arbitrator was appointed may appoint in writing another person in his stead; and if such party fails so to do for the space of seven days after notice in writing from the other party in that behalf, the remaining arbitrator may proceed ex parte; and every arbitrator so appointed shall have the same powers and authorities as were vested in the arbitrator in whose stead the appointment is made: (6)If a single arbitrator dies or becomes incapable to act before the making of his award, or fails to make his award within twenty-one days after his appointment, or within such extended time (if any) as may have been duly appointed by him for that purpose, the matters referred to him shall be again referred to arbitration under the provisions of this Act, as if no former reference had been made: (7) Where there is more than one arbitrator, the arbitrators shall, before they enter on the reference, appoint by writing under their hands an umpire, and if the person appointed to be umpire dies or becomes incapable to act, the arbitrators shall forthwith appoint another person in his stead; and if the arbitrators neglect or refuse to appoint an umpire for seven days after being requested so to do by any party to the arbitration, the Local Government Board [or where the Ministry of Development is a party to the arbitration, the Ministry of Finance] shall, on the application of any such party, appoint an umpire: (8)If the arbitrators fail to make their award within twenty-one days after the day on which the last of them was appointed, or within such extended time (if any) as may have been duly appointed by them for that purpose, the matters referred shall be determined by the umpire: (9)The time for making an award by arbitrators under this Act shall not in any case be extended beyond the period of two months from the date of submission, and the time for making an award by an umpire under this Act shall not in any case be extended beyond the period of two months from the date of the reference of the matters to him: <(10)Before any arbitrator or umpire enters on a reference under this Act he shall make and subscribe the following declaration before a justice of the peace; (that is to say,) ", A.B. do solemnly and sincerely declare that I will faithfully and honestly, and to the best of my skill and ability, hear and determine the matters referred to me under the Public Health (Ireland) Act, 1878. <(11)Such declaration shall be annexed to the award when made; and any arbitrator or umpire who wilfully acts contrary to such declaration shall be guilty of a misdemeanour: <(12)Any arbitrator, arbitrators, or umpire appointed by virtue of this Act may require the production of such documents in the possession or power of either party as he or they or he may think necessary for determining the matters referred, and may examine the parties or their witnesses on oath: <(13)The costs of and consequent upon the reference shall be in the discretion of the arbitrator or arbitrators, or (in case the matters referred are determined by an umpire) of the umpire: <(14)Any submission to arbitration under the provisions of this Act may be made a rule of any of the superior courts, on the application of any party thereto: <(15)The award of arbitrators or of an umpire under this Act shall be final and binding on all parties to the reference. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 218 Regulations as to arbitration. 218. All questions referable to arbitration under this Act may, when the amount in dispute is less than twenty pounds, be determined at the option of either party before a court of summary jurisdiction, but the court may, if it thinks fit, require that any work in respect of which the claim of the [Ministry of Development or a district council] is made and the particulars of the claim be reported on to them by any competent surveyor, not being [an officer] of the [Ministry of Development or the district council]; and the court may determine the amount of costs incurred in that behalf, and by whom such costs or any part of them shall be paid. Ss.219224 rep. by 1972 c.9 (NI) s.149 sch.9 PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 225 Claims under #20 may be referred to court of summary jurisdiction. 225. ... any [district council] may cause any regulations made by them under this Act to be published in such manner as they see fit. Ss.226228 rep. by 1972 NI 16 art.63(3) sch.19 S.229 rep. by 1972 NI 16 art.63(3) sch.19 PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 230 As to regulations of district council. 230. Where the occupier by whom any private improvement rate is paid holds the premises in respect of which the rate is made at a rent not less than the rackrent, he shall be entitled to deduct three-fourths of the amount paid by him on account of such rate from the rent payable by him to his landlord, and if he hold at a rent less than the rackrent he shall be entitled to deduct from the rent so payable by him such proportion of three-fourths of the rate as his rent bears to the rackrent; and if the landlord from whose rent any deduction is so made is himself liable to the payment of rent for the premises in respect of which the deduction is made, and holds the same for a term of which less than twenty years is unexpired (but not otherwise), he may deduct from the rent so payable by him such proportion of the sum deducted from the rent payable to him as the rent payable by him bears to the rent payable to him, and so in succession with respect to every landlord (holding for a term of which less than twenty-three years is unexpired) of the same premises both receiving and liable to pay rent in respect thereof: Provided, that nothing in this section shall be construed to entitle any person to deduct from the rent payable by him more than the whole sum deducted from the rent payable to him. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 231 Proportion of private improvement rate may be deducted from rent. 231. At any time before the expiration of the period for which any private improvement rate is made, the owner or occupier of the premises assessed thereto may redeem the same, by paying to the [district council] the expenses in respect of which the rate was made, or such part thereof as may not have been defrayed by sums already levied in respect of the same: Provided, that money paid in redemption of any private improvement rate shall not be applied by the [district council] otherwise than in defraying expenses incurred by them in works of private improvement or in discharging the principal of any moneys borrowed by them to meet those expenses, whether by means of a sinking fund or otherwise. Ss.232236 rep. by 1898 c.37 s.110 sch.6 Pt.VI; 1936 c.10 (NI) s.14(1); SLR (NI) 1954; 1972 c.9 (NI) s.149 sch.9; 1972 NI 16 art.63(3) sch.19 Ss.237243 rep. by 1934 c.22 (NI) s.46 sch.3; 1946 c.4 (NI) s.24(3); 1949 c.21 (NI) s.23 sch.; 1972 c.9 (NI) s.149 sch.9 PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 244 Redemption of private improvement rates. 244. Where any person has advanced money for any expenses which by this Act are, or by the [district council] may be, declared to be private improvement expenses, the [district council], on being satisfied by the report of a competent person or otherwise that the money advanced by such person has been duly expended, may issue a grant in the form in the Schedule (B) to this Act to such person of a yearly rentcharge issuable out of the premises, in respect whereof such advance has been made, or out of such part thereof, to be specified in such grant, as the [district council] may think proper and sufficient. Such rentcharge shall be personal estate, and shall begin to accrue from the date of completion of the works on which the money advanced has been expended, and shall be payable by equal half-yearly payments during a term not exceeding thirty years, in such manner that the whole of the sum advanced, with the costs of preparing the said grant, together with interest thereon respectively, at a rate not exceeding six pounds per centum per annum on the sum from time to time remaining unpaid, shall be repaid at the end of the said term. The provisions of this Act with respect to deduction from the rent of a proportion of private improvement rates, and with respect to redemption of private improvement rates, shall, mutatis mutandis, apply to rentcharges granted under this section. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 245 Rentcharge may be granted in respect of advances made for private improvements. 245. Rentcharges issued in pursuance of this Act, and transfers thereof, shall be registered in the same manner respectively as mortgages and transfers are required to be registered under the provisions of this Act. S.246 rep. by 1897 c.51 s.12(4) sch.2; 1953 c.13 (NI) s.4 sch. S.247 rep. by 1896 c.54 s.29; SLR (NI) 1954; 1972 c.9 (NI) s.149 sch.9. S.248 rep. by 1972 c.9 (NI) s.149 sch.9 Rentcharges may be registered. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 249 249. All offences under this Act, and all penalties, forfeitures, costs, and expenses under this Act directed to be recovered in a summary manner, or the recovery of which is not otherwise provided for, may be prosecuted and recovered in manner directed by the Summary Jurisdiction Acts before a court of summary jurisdiction .... PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 250 Summary proceedings for offences, penalties, &c. 250. Any complaint or information made or laid in pursuance of this Act shall be made or laid within six months from the time when the matter of such complaint or information respectively arose. The description of any offence under this Act in the words of this Act shall be sufficient in law. Any exception, exemption, proviso, excuse, or qualification, whether it does or does not accompany the description of the offence in this Act, may be proved by the defendant, but need not be specified or negatived in the information; and, if so specified or negatived, no proof in relation to the matters so specified or negatived shall be required on the part of the informant. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 251 General provisions as to summary proceedings. 251. Proceedings for the recovery of any penalty under this Act shall not, except as in this Act is expressly provided, be had or taken by any person other than by a party aggrieved, or by the [district council] of the district in which the offence is committed, [or by the Ministry of Development] without the consent in writing of the Attorney General for Ireland: Provided, that such consent shall not be required to proceedings which are by the provisions of this Act relating to nuisances or offensive trades authorised to be taken by a [district council] in respect of any act or default committed or taking place without their district, or in respect of any house, building, manufactory, or place situated without their district. S.252 rep. by 1954 c.9 (NI) s.29 sch.7 PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 253 Restriction on recovery of penalties. 253. Where any nuisance under this Act appears to be wholly or partially caused by the acts or defaults of two or more persons, it shall be lawful for the [district council] or other complainant to institute proceedings against any one of such persons, or to include all or any two or more of such persons in one proceeding; and any one or more of such persons may be ordered to abate such nuisance, so far as the same appears to the court having cognizance of the case to be caused by his or their acts or defaults, or may be prohibited from continuing any acts or defaults which, in the opinion of such court, contribute to such nuisance, or may be fined or otherwise punished, notwithstanding that the acts or defaults of any one of such persons would not separately have caused a nuisance; and the costs may be distributed as to such court may appear fair and reasonable. Proceedings against several persons included in one complaint shall not abate by reason of the death of any among the persons so included, but all such proceedings may be carried on as if the deceased person had not been originally so included. Whenever in any proceeding under the provisions of this Act relating to nuisances, whether written or otherwise, it becomes necessary to mention or refer to the owner or occupier of any premises, it shall be sufficient to designte him as the "owner" or "occupier" of such premises, without name or further description. Nothing in this section shall prevent persons proceeded against from recovering contribution in any case in which they would not be entitled to contribution by law. S.254 rep. by 1969 c.30 (NI) s.132 sch.6 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[ PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 258 Recovery of expenses from owners. 258. A district council may authorise any of their officers in writing to attend and assist in any prosecution instituted by the council.] S.259 rep. by 1972 c.9 (NI) s.149 sch.9 PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 260 District councils may authorise officers to attend and assist in prosecutions. 260. Proceedings for the recovery of demands within the jurisdiction of the Civil Bill Court, which [the Ministry of Development or district councils] are empowered to recover in a summary manner, may, at the option of the [the Ministry or the councils], be taken in the Civil Bill Court as if such demands were debts within the cognizance of such court. S.261 rep. by SRO (NI) 1973/285; SL(R) 1976. S.262 rep. by SLR 1976. S.263 rep. by 1893 c.61 s.2 sch. S.264 rep. by 1972 c.9 (NI) s.149 sch.9 S.265 rep. by SLR (NI) 1954 PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 266 Demands may be recovered in Civil Bill Court. 266. Notices, orders, and other such documents under this Act may be in writing or print, or partly in writing and partly in print; .... PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 267 Notices, &c. may be printed or written. 267. Notices, orders, and any other documents required or authorised to be served under this Act may be served by delivering the same to or at the residence of the person to whom they are respectively addressed, or where addressed to the owner or occupier of premises, by delivering the same or a true copy thereof to some person on the premises, or if there is no person on the premises who can be so served, by fixing the same on some conspicuous part of the premises; they may also be served by post by prepaid letter, and if served by post shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of post, and in proving such service it shall be sufficient to prove that the notice, order, or other document was properly addressed and put into the post. Any notice by this Act required to be given to the owner or occupier of any premises may be addressed by the description of the "owner" or "occupier" of the premises (naming them) in respect of which the notice is given, without further name or description. Service of notices. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 268 268. Where any person deems himself aggrieved by the decision of the [district council] in any case in which the [district council] are empowered to recover in a summary manner any expenses incurred by them, or to declare such expenses to be private improvement expenses, he may, within twenty-one days after notice of such decision, address a memorial to the Local Government Board stating the grounds of his complaint, and shall deliver a copy thereof to the [district council]; the Local Government Board may make such order in the matter as to the said Board may seem equitable, and the order so made shall be binding and conclusive on all parties: Provided, that if such order should repeal, in whole or in part, the decision appealed against, the Local Government Board, before making such order, shall afford to the [district council] opportunity of giving such evidence as it may desire in support of its decision. Any proceedings that may have been commenced for the recovery of such expenses by the [district council] shall, on the delivery to them of such copy as aforesaid, be stayed; and the Local Government Board may, if it thinks fit, by its order direct the [district council] to pay to the person so proceeded against such sum as the said Board may consider to be a just compensation for the loss, damage, or grievance thereby sustained by him. 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 PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 272 Appeal to quarter sessions. 272. Any person who wilfully obstructs any member of [a district council], or any person duly employed [by a district council or the Ministry of Development] in the execution of this Act, ..., shall, ..., be liable for every such offence to a penalty not exceeding [#20]. Where the occupier of any premises prevents the owner thereof from obeying or carrying into effect any provisions of this Act, any justice to whom application is made in this behalf shall, by order in writing, require such occupier to permit the execution of any works required to be executed, provided that the same appear to such justice to be necessary for the purpose of obeying or carrying into effect the provisions of this Act; and if within twenty-four hours after the making of the order such occupier fails to comply therewith, he shall be liable to a penalty not exceeding [#20]. If the occupier of any premises, when requested by or on behalf of [a district council] [or the Ministry of Development] to state the name of the owner of the premises occupied by him, refuses or wilfully omits to disclose or wilfully mis-states the same, he shall (unless he shows cause to the satisfaction of the court for his refusal) be liable to a penalty not exceeding [#20]. S.273 rep. by 1977 NI 4 art.13(6) sch.2. Ss.274, 275 rep. by 1972 c.9 (NI) s.149 sch.9 PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 276 Penalty on obstructing execution of Act. 276. Where in any local Act the consent, sanction, or confirmation of the Lord Lieutenant, the chief secretary, or the Privy Council is required with respect to the borrowing of any money, to the giving effect to any byelaws, or to the appointment of any officer for sanitary purposes, the consent, sanction, or confirmation of the Local Government Board shall be required instead of that of the authorities above named. ... The powers vested in or exercisable by one of Her Majesty's Principal Secretaries of State under the Markets and Fairs Clauses Act, 1847, so far as the same relate to Ireland, are hereby transferred to the Local Government Board, or may in Ireland be exercised by the Local Government Board. If any question arises as to what are sanitary purposes within the meaning of this section, the determination of the Local Government Board on such question shall be conclusive. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 277 1847 c.14 277. Upon the application of any authority from whom or to whom any powers, rights, duties, capacities, liabilities, obligations, and property, or any of them, are transferred or alleged or claimed to be transferred in pursuance of the Sanitary Acts or this Act, upon the passing of this Act, or at any time thereafter by the operation of this Act, or of any provisional order made under the authority of this Act, or of any person affected by such transfer, the Local Government Board may by order settle any doubt or difference and adjust any accounts arising out of or incidental to such powers, rights, duties, capacities, liabilities, obligations, or property, or to the transfer thereof, and direct the parties by whom and to whom any moneys found to be due are to be paid, and the mode of raising such moneys; and any provisions contained in any order so made shall be deemed to have been made in pursuance of and to be within the powers conferred by this section, subject to this proviso, that where any such order directs any ... act or thing to be done which the party required to make or do would not, apart from the provisions of this Act, have been enabled to make or do by law, such order shall be provisional only until it has been confirmed by Parliament. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 278 Settlement of differences arising out of transfer of powers or property to district council. 278. In the construction of the provisions of any Act incorporated with this Act the term "the special Act" includes this Act, and in the case of the Lands Clauses Acts any provisional order confirmed by Parliament and authorising the purchase of lands otherwise than by agreement under this Act; the term "the limits of the special Act" means the limits of the district; and the [district council] shall be deemed to be "the promoters of the undertaking," "the commissioners," or "the undertakers," as the case may be. All penalties incurred under the provisions of any Act incorporated with this Act shall be recovered and applied in the same way as penalties incurred under this Act. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 279 As to construction of incorporated Acts. 279. The schedules to this Act shall be read and have effect as part of this Act. The forms contained in Schedule C to this Act, or forms to the like effect, varied as circumstances may require, may be used and shall be sufficient for all purposes. S.280 rep. by SLR (NI) 1954; 1972 c.9 (NI) s.149 sch.9 PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 281 Construction of schedules. 281. Nothing in this Act shall be construed to authorise any [district council] (1)To use, injure, or interfere with any sluices, floodgates, sewers, groynes or sea defences, or other works already or hereafter made under the authority of any commissioners of sewers appointed by the Crown, or any sewers or other works already or hereafter made and used by any body of persons or person for the purpose of draining, preserving or improving land under any local or private Act of Parliament, or for the purpose of irrigating land; or (2)To disturb or interfere with any lands or other property vested in the [Secretary of State for Defence] for the time being; or (3)To interfere with any river, canal, dock, harbour, lock, reservoir, or basin, so as to injuriously affect the navigation thereon, or the use thereof, or to interfere with any towing-path so as to interrupt the traffic thereof, in cases where any body of persons or person are or is by virtue of any Act of Parliament entitled to navigate on or use such river, canal, dock, harbour, lock, reservoir, or basin, or to receive any tolls or dues in respect of the navigation thereon or use thereof; or (4)To interfere with any watercourse in such manner as to injuriously affect the supply of water to any river, canal, dock, harbour, reservoir, or basin, in cases where any such body of persons or person as last aforesaid would, if this Act had not been passed, have been entitled by law to prevent or be relieved against such interference; or (5)To interfere with any bridges crossing any river, canal, dock, harbour, or basin, in cases where any body of persons or person are or is authorised by virtue of any Act of Parliament to navigate or use such river, canal, dock, harbour, or basin, or to demand any tolls or dues in respect of the navigation thereon or use thereof; or (6)To execute any works in, through, or under any wharves, quays, docks, harbours, or basins, to the exclusive use of which any body of persons or person are or is entitled by virtue of any Act of Parliament, or for the use of which any body of persons or person are or is entitled by virtue of any Act of Parliament to demand any tolls or dues, Saving for works and property of certain authorities, and for navigation and water rights, &c. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 282 282. Where any matters or things proposed to be done by any [district council], and not being within the prohibition aforesaid, interfere with the improvement of any river, canal, dock, harbour, lock, reservoir, basin, or towing-path which any body of persons or person are or is entitled by virtue of any Act of Parliament to navigate on or use, or in respect of the navigation whereon or use whereof to demand any tolls or dues, or interfere with any works belonging to such river, canal, dock, harbour, or basin, or with any land necessary for the enjoyment or improvement thereof, the [district council] shall give to such body of persons or person a notice specifying the particulars of the matters and things so intended to be done. If the parties on whom such notice is served do not consent to the requisitions thereof, the matter in difference shall be referred to arbitration; and the following questions shall be decided by such arbitration; (that is to say,) (1)Whether the matters or things proposed to be done by the [district council] will cause any injury to such river, canal, dock, harbour, basin, towing-path, works, or land, or to the enjoyment or improvement of such river, canal, dock, harbour, or basin as aforesaid: (2)Whether any injury that may be caused by such matters or things, or any of them, is or is not of a nature to admit of being fully compensated by money. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 283 Reference to arbitration in case of works not within preceding section. 283. The result of any such arbitration shall be final, and the [district council] shall do as follows; (that is to say,) (1)If the arbitrators are of opinion that no injury will be caused, the [district council] may forthwith proceed to do the proposed matters and things: (2)If the arbitrators are of opinion that injury will be caused, but that such injury is of a nature to admit of being fully compensated by money, they shall proceed to assess such compensation; and on payment of the amount so assessed, but not before, the [district council] may proceed to do the proposed matters and things: (3)If the arbitrators are of opinion that injury will be caused, and that it is not of a nature to admit of being fully compensated by money, the [district council] shall not proceed to do any matter or thing in respect of which such opinion may be given. PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 284 Effect of arbitration. 284. No transfer of powers and privileges under this Act shall deprive any body of persons or person authorised by virtue of any Act of Parliament to navigate on any river or canal, or to demand for their or his own benefit in respect of such navigation any tolls or dues, of such powers and privileges as are vested in them by any Act of Parliament in relation to such river or canal. Ss.285287 rep. by 1973 NI 2 art.60(2) sch.4 PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 288 Provision as to transfer of powers, &c. 288. Nothing in this Act shall be construed to extend to any mines so as to interfere with or to obstruct the efficient working of the same; nor to the smelting of ores and minerals, nor to the calcining, puddling, and rolling of iron and other metals, nor to the conversion of pig iron into wrought iron, so as to obstruct or interfere with any of such processes respectively. S.289 rep. by SRO (NI) 1973/285. S.290 rep. by 1973 NI 2 art.60(2) sch.4. S.291 rep. by SLR 1883 PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 292 Saving for mines, &c. 292. Where within the district of a [district council] any local Act is in force, providing for purposes the same as or similar to the purposes of this Act, proceedings may be instituted at the discretion of the [council] or person instituting the same, either under the local Act or this Act, or under both, subject to these qualifications: (1)That no person shall be punished for the same offence both under a local Act and this Act; and (2)That the [district council] shall not, by reason of any local Act in force within their district, be exempted from the performance of any duty or obligation to which they may be subject under this Act. 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).

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/nie/legis/num_act/pha1878182.txt

	[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/pha1878182.txt

Statutes of Northern Ireland