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PUBLIC HEALTH ACTS AMENDMENT ACT 1907

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - LONG TITLE

An Act to amend the Public Health Acts.{1}
[28th August 1907]
PART I

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 1

1. This Act is divided into Parts as follows:

Short title, construction, and extent of Act.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 2

2.(1) This Act shall be construed as one with the Public Health
(Ireland) Acts, 1878 to 1900.

(2) Part I of this Act shall extend to ... Ireland ... and all
or any of the remaining Parts or all or any of the sections
thereof shall extend to any district to which all or any of those
Parts or sections are applied by an Order of the Local Government
Board for Ireland or of the Chief Secretary as the case may be.

(3) This Act may be cited as the Public Health Acts Amendment Act,
1907, and this Act and the Public Health (Ireland) Acts, 1878 to
1900 may together be cited as the Public Health (Ireland) Acts,
1878 to 1907.

(4) Any byelaws made under any enactment for which any provisions
of this Act are substituted shall remain in force as if the
byelaws had been made under the corresponding provisions of this
Act.

Subs.(5) rep. by SLR 1927

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 3
Applications of Parts or section of Act.

3.(1) The Local Government Board for Ireland may, on the application
of a [district council], by Order to be published in such manner
as the Local Government Board for Ireland direct, declare any Part
or any section of this Act to be in force in the district of the
[council] ..., and may declare any enactments in any local Act,
which appear to the Local Government Board for Ireland to contain
provisions similar to or inconsistent with any such Part or section,
to be no longer in force in that district ...

(2) The [district council] shall, two weeks at least before applying
for an Order, give notice of their intention to make such
application by advertising the same once at least in one or more
of the newspapers circulating in their district in each of two
successive weeks, and no order shall be made under this section
until proof of such advertisement has been given to the satisfaction
of the Local Government Board for Ireland and until at least one
month has elapsed after the date of such advertisement.

(3) Any such Order may specify conditions subject to which any Part
or any section of this Act shall be in force in the district ...,
and where, in the opinion of the Local Government Board for Ireland
the circumstances so require, any such Order may, in relation to
that district ..., declare any Part or any section of this Act to
be in force subject to such necessary adaptations as are specified
in the Order.

A statement of the effect of each Order specifying conditions or
adaptations as aforesaid shall be published in the Belfast Gazette
as well as in any other manner directed by the Local Government
Board for Ireland.

(4) In regard to Part VII (Police) ... of this Act, the Chief
Secretary shall be deemed to be substituted in this section for the
Local Government Board for Ireland.

S.4 rep. by SRO (NI) 1973/285

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 5
Enquiries by Local Government Board.

5.(1) The Local Government Board for Ireland may direct any
enquiries to be held by their inspectors which they may deem
necessary in regard to the exercise of any powers conferred upon
them under this Act, and the inspectors of the Local Government
Board for Ireland shall for the purposes of any such enquiry have
all such powers as they have for the purposes of enquiries directed
by that Board under the Public Health (Ireland) Act, 1878.

(2) The [district council] shall pay to the Local Government Board
for Ireland any expenses incurred by that Board in relation to any
enquiries referred to in this section, including the expenses of any
witnesses summoned by the inspector holding the inquiry, and a sum
to be fixed by the a Board not exceeding [#3.15] a day for the
services of such inspector.

(3) The Chief Secretary may order that a local enquiry be held in
regard to the exercise of any powers conferred on him under this
Act. The person holding any such enquiry shall receive such
remuneration as the Chief Secretary may determine, and that
remuneration and the expenses of the local enquiry shall be paid by
the [district council].

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 6
Legal proceedings, &c.

6. Offences under this Act or under any byelaw made under the
powers of this Act or under the powers of the Public Health
(Ireland) Act, 1878 or any enactment amending or extending that Act,
may be prosecuted, and penalties, forfeitures, costs, and expenses
recovered, in like manner and subject to the same provisions as
offences which may be prosecuted, and penalties, forfeitures, costs,
and expenses which may be recovered, in a summary manner under the
Public Health (Ireland) Acts, 1878 to 1900.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 7
Appeals to county courts.

7.(1) Except where this Act otherwise expressly provides any person
aggrieved

(a)By any order, judgment, determination, or requirement of a
[district council or the Ministry of Development] under this Act;

(b)By the withholding of any order, certificate, licence, consent, or
approval, which may be made, granted, or given by a [district
council or the Ministry of Development] under this Act;

Para.(c) rep. by SLR 1980

(2) Where any person deems himself aggrieved by the decision of the
[district council or the Ministry of Development] in any case in
which the [district council or the Ministry of Development], under
this Act, are empowered to recover in a summary manner any expenses
incurred by them, or to declare the expenses to be private
improvement expenses, section two hundred and sixty-eight of the
Public Health (Ireland) Act, 1878 shall apply as it applies to
cases under that Act, and subsection (1) of this section shall not
apply in any such case, whether arising under the Public Health
(Ireland) Act, 1878 or under this Act; but nothing in this
subsection shall extend to any case in which an appeal to a court
of summary jurisdiction in relation to any requirement of a
[district council or the Ministry of Development], or to any such
expenses, is expressly authorised by this Act.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 8
More than one sum in one summons.

8. Any information, complaint, warrant or summons made or issued for
the purpose of this Act or of the Public Health (Ireland) Acts,
1878 to 1900 may contain in the body thereof or in a schedule
thereto several sums.

S.9 rep. by 1972 c.9 (NI) s.149 sch.9

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 10
Compensation, how determined.

10. Where any compensation, costs, damages or expenses is or are by
this Act directed to be paid, and the method for determining the
amount thereof is not otherwise provided for, such amount shall in
case of dispute be ascertained in the manner provided by the Public
Health (Ireland) Acts, 1878 to 1900.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 11
Powers of Act cumulative.

11. All powers given to a [district council or the Ministry of
Development] under this Act shall be deemed to be in addition to
and not in derogation of any other powers conferred upon such
[district council or the Ministry of Development] by any Act of
Parliament, law, or custom, and such other powers may be exercised
in the same manner as if this Act had not been passed.

Nothing in this Act shall exempt any person from any penalty to
which he would have been liable if this Act had not been passed,
but no person shall be liable, except in the case of a daily
penalty, to more than one penalty in respect of the same offence.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 12
Crown rights.

12. Nothing in this Act affects prejudicially any estate, right,
power, privilege, or exemption of the Crown, and in particular
nothing herein contained authorises any [district council or the
Ministry of Development] to take, use, or in any manner interfere
with any portion of the shore or bed of the sea or of any river,
channel, creek, bay, or estuary, or any land, hereditaments,
subjects, or right of whatsoever description belonging to His Majesty
in right of His Crown, and under the management of the
Commissioners of Woods or of the Board of Trade respectively without
the consent in writing of the Commissioners of Woods or the Board
of Trade as the case may be, on behalf of His Majesty first had
and obtained for that purpose (which consent the said Commissioners
and Board are hereby respectively authorised to give).

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 13
Interpretation.

13. In this Act, if not inconsistent with the context,

Definitions rep. by SRO (NI) 1973/285

The expression "daily penalty" means a penalty for each day on
which an offence is continued after conviction therefor:

["district council" means a council established under the Local
Government Act (Northern Ireland) 1972:]

The expressions "lands," "premises," "owner," "street," "house,"
"drain," and "sewer" have respectively the same meaning as in the
Public Health (Ireland) Acts, 1878 to 1900:

Definitions rep. by 1958 c.27 (NI) s.73(1) sch.4 Pt.I; SRO (NI)
1973/285, SLR 1976

The expressions "the commencement of this Part" and "the commencement
of this section" used in relation to any Part or section of this
Act mean respectively the date at which, by an Order made by the
Local Government Board for Ireland or by the Chief Secretary as the
case may be, in pursuance of this Act, and subject to any
conditions or adaptations specified in that Order, the Part or
section is declared to be in force:

Other expressions to which a special meaning is assigned by the
Public Health (Ireland) Act, 1878 have respectively the same meaning
in this Act as they have in that Act.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 14
Application of Act to Ireland.

14. In the application of this Act to Ireland the following
modifications shall have effect:

(1)This Act may be cited with the Public Health (Ireland) Acts,
1878 to 1900, as the Public Health (Ireland) Acts, 1878 to 1907:

Para.(2) rep. by SLR 1976

(3)The Local Government Board for Ireland shall be substituted for
the Local Government Board:

(4)The Chief Secretary shall be substituted for the Secretary of
State:

Para.(5) rep. by SLR 1976

(6)The [Belfast Gazette] shall be substituted for the London Gazette:

(7)A court of summary jurisdiction ... shall be substituted for a
petty sessional court:

(8)The Public Health (Ireland) Acts, 1878 to 1900, shall be
substituted for the Public Health Acts, the Public Health (Ireland)
Acts, 1878 to 1907, shall be substituted for the Public Health
Acts, 1875 to 1907, and the Public Health (Ireland) Act, 1878,
shall be substituted for the Public Health Act, 1875, and in
particular references in this Act to the sections of the Public
Health Act, 1875, mentioned in the first column of the schedule to
this Act shall be construed as references to the corresponding
sections of the Public Health (Ireland) Act, 1878, mentioned in the
second column of that schedule:

Para.(9) rep. by SRO (NI) 1973/285

<(10)The provision with respect to section twenty-eight of the Town Police Clauses Act, 1847, shall extend to section seventy-two of the Towns Improvement (Ireland) Act, 1854.

Deposit of plan to be of no effect after certain intervals.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 15

15. The deposit of any plans or sections of any street ..., in
pursuance of any byelaw in force ..., may, by notice in writing to
the person by whom the plans or sections have been deposited, be
declared by the [Ministry of Development] to be of no effect if
the work to which the plans or sections relate is not commenced

As to plans and sections deposited before the commencement of this
section, within three years from that date;

As to plans and sections deposited on or after the commencement of
this section, within three years of the deposit of the plans and
sections.

When the deposit of any plans and sections has been declared to be
of no effect, a fresh deposit shall be necessary before the work
to which they relate is commenced.

The [Ministry of Development] shall give notice of the provisions of
this section to every person intending to lay out a new street ...
in relation to which plans and sections have been deposited before
the commencement of this section, but the laying out of which
street ... shall not have been commenced, and shall attach a
similar notice to the approval of every such intended work in
relation to which plans and sections have been deposited subsequent
to the commencement of this section.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 16
As to plans deposited with Ministry of Development.

16. The [Ministry of Development] may retain any drawings, plans,
elevations, sections, specifications, and written particulars,
descriptions or details, deposited with and approved by them in
pursuance of any enactment for the time being in force ... or of
any byelaw thereunder.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 17
Power to vary position or direction and to fix beginning and end
of new streets.

17.(1) The [Ministry of Development] may, on the deposit of a plan
and sections of a new street in pursuance of a byelaw ..., by
order vary the intended position, direction or termination, or level
of the new street so far as is necessary for the purpose of
securing more direct, easier, or more convenient means of
communication with any other street or intended street, or for the
purpose of securing an adequate opening at either end of the new
street, or of securing compliance with any enactment or byelaw ...
for the regulation of streets and buildings.

The [Ministry of Development] may also by their order fix the
points at which the new street shall be deemed to begin or end,
and the limits of the new street as determined by the points so
fixed shall have effect for the purposes of the Public Health
(Ireland) Acts, 1878 to 1907, and of any byelaws made under those
Acts ....

(2) The powers of the [Ministry of Development] under this section
shall not be exercisable in any case in which it is shown, to
their satisfaction, that compliance with their order will entail the
purchase of additional lands by the owner of the lands on which
the new street is intended to be laid out, or the execution of
works elsewhere than on those lands.

(3) Where the [Ministry of Development] make an order under this
section a person shall not lay out or construct the new street
otherwise than in compliance with the order. If any person acts in
contravention of this provision, he shall be liable to a penalty
not exceeding five pounds, and to a daily penalty not exceeding
[#2].

(4) The [Ministry of Development] shall pay compensation to any
person injuriously affected by the exercise by the [Ministry] of
their powers under this section.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 18
Crossing for cattle, &c. over footways.

18. The provision and use of new means of access for any cattle,
any beast of draught or burden, any waggon, cart, or other wheeled
carriage exceeding four feet in width or two hundred-weight in
weight, to or from any premises fronting, adjoining, or abutting on
any street which has become a highway repairable by the inhabitants
at large, may, where that provision involves passage across or
interference with any such part of the street as comprises a kerbed
or paved footway, be allowed by the [Ministry of Development]
subject to the following conditions (that is to say):

(a)Every person who intends to provide the new means of access
shall give notice in writing of his intention to the [Ministry],
and shall at the same time submit, for the approval of the
[Ministry], a plan showing the position, gradient, and mode of
construction of the intended means of access;

(b)When the plan, with or without amendment, has been approved by
the [Ministry], the person may, upon receiving notice of their
approval, proceed to execute the necessary works, but those works
shall be executed under the supervision and to the reasonable
satisfaction of the [Ministry], and in accordance with the plan as
approved by the [Ministry];

(c)after the completion of the works the new means of access may
be used, subject to the conditions which, in pursuance of any
provisions of the law relating to highways, attach to the use for
the like purpose of any carriage-way forming part of a highway
repairable by the inhabitants at large.

S.19 rep. by 1964 c.27 (NI) s.43 sch.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 20
Recovery of damages caused to footways by excavations.

20. If the footway of any street repairable by the inhabitants at
large be injured by or in consequence of any excavations or other
works on lands adjoining thereto, the [Ministry of Development] may
repair or replace the footway so injured, and all damages and
expenses of or arising from such injury and repair or replacement
shall be paid to the [Ministry] by the owner of the lands on
which such excavations or other works have been made, or by the
person causing or responsible for the injury.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 21
Power to alter names of streets.

21. The [district council] may, with the consent of two-thirds in
number and value of the ratepayers in any street, alter the name
of such street or any part of such street. The [council] may cause
the name of any street or of any part of any street to be
painted or otherwise marked on a conspicuous part of any building
or other erection.

Any person who shall wilfully and without the consent of the
[district council], obliterate, deface, obscure, remove, or alter any
such name, shall be liable to a penalty not exceeding [#20].

S.22 rep. by 1973 NI 21 art.72(2) sch.3. Ss.2325 rep. by 1972 NI
19 art.16(2) sch.4

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 26
Entrances to courts, &c. not to be closed.

26. After the commencement of this section the entrances to any
court shall not, except with the consent of the [district council],
be closed or narrowed or otherwise altered or affected by any
permanent structure so as to impede the free circulation of air,
and the height of any such entrance shall not, except with that
consent, be lowered. The consent of the [district council], under
this section may be given, subject to compliance with such
conditions as the [district council] by their consent prescribe, with
respect to the formation or provision of any other sufficient
opening or means of access, or with respect to the provision of
other sufficient means of securing free circulation of air throughout
the court.

Nothing in this section shall have effect in relation to any court
which by reason of its situation, use, architectural features, or
other characteristics is, either wholly or in part, necessary for or
ancillary to the ornament or amenity of any lands or premises.

Any person offending against this section shall be liable to a
penalty not exceeding five pounds and to a daily penalty not
exceeding [#1].

S.27 rep. by 1972 NI 19 art.16(2) sch.4. Ss.28, 29 rep. by 1980
NI 11 art.64(2) sch.9

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 30
Dangerous places to be repaired or enclosed.

30. With respect to the repairing or enclosing of dangerous places
the following provisions shall have effect (namely):

(1)If in any situation fronting, adjoining, or abutting on any
street or public footpath, any building, wall, fence, steps,
structure, or other thing, or any well, excavation, reservoir, pond,
stream, dam or bank is, for want of sufficient repair, protection,
or enclosure dangerous to the persons lawfully using the street or
footpath, the [district council] may, by notice in writing served
upon the owner, require him, within the period specified in the
notice and herein-after in this section referred to as the
"prescribed period", to repair, remove, protect, or enclose the same
so as to prevent any danger therefrom:

(2)If, after service of the notice on the owner, he shall neglect
to comply with the requirements thereof within the prescribed period,
the [district council] may cause such works as they think proper to
be done for effecting such repair, removal, protection, or enclosure,
and the expenses thereof shall be payable by the owner, and may be
recovered summarily as a civil debt.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 31
Fencing lands adjoining streets.

31. If any land (other than land forming part of any common)
adjoining any street is allowed to remain unfenced or if the fences
of any such land are allowed to be or remain out of repair, and
such land is, owing to the absence or inadequate repair of any
such fence, a source of danger to passengers, or is used for any
immoral or indecent purposes, or for any purpose causing
inconvenience or annoyance to the public, the Local Government Board
for Ireland, on the application of the [district council] may by
Order empower the [council] to proceed under this section, and, in
that case, at any time after the expiration of fourteen days from
the service upon the owner or occupier of notice in writing by the
[council] requiring the land to be fenced or any fence of the land
to be repaired, the [council] may cause the land to be fenced or
may cause the fences to be repaired in such manner as they think
fit, and the reasonable expenses thereby incurred shall be
recoverable from such owner or occupier summarily as a civil debt.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 32
Hoards to be securely erected.

32.(1) A person shall not use any hoarding or similar structure
which is in, or abuts on, or adjoins any street, for any purpose,
unless it is securely fixed to the satisfaction of the [district
council].

(2) If any person acts in contravention of this section he shall
be liable, in respect of each offence, to a penalty not exceeding
[#100] and to a daily penalty not exceeding [#2].

S.33 rep. by 1972 NI 19 art.16(2) sch.4

S.34 amends s.51 of 1878 c.52

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 35
As to nuisances.

35. For the purposes of the Public Health (Ireland) Act, 1878

(1)Any cistern used for the supply of water for domestic purposes
so placed, constructed, or kept as to render the water therein
liable to contamination, causing or likely to cause risk to health;

(2)Any gutter, drain, shoot, stack-pipe, or down-spout of a building
which by reason of its insufficiency or its defective condition
shall cause damp in such building or in an adjoining building; and

(3)Any deposit of material in or on any building or land which
shall cause damp in such building or in an adjoining building so
as to be dangerous or [prejudicial to health];

Rain-water pipes not to be used as soil pipes.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 36

36. No pipe used for the carrying off of rain water from any roof
shall be used for the purpose of carrying off the soil or drainage
from any privy or water closet. Any person who shall offend against
this section shall be liable to a penalty not exceeding five pounds
and to a daily penalty not exceeding [#2].

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 37
Water or stack pipes not to be used as ventilating shafts.

37. No water pipe, stack-pipe, or down-spout in existence at the
commencement of this section, used for conveying surface water from
any premises, shall be used or be permitted to serve or to act as
a ventilating shaft to any drain. Any person who shall offend
against this section after fourteen days from the service upon him
by the [district council] of notice of such offence shall be liable
to a penalty not exceeding [#2] and to a daily penalty not
exceeding [#1].

S.38 rep. by 1973 NI 2 art.60(2) sch.4

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 39
Provision and conversion of closet accommodation.

39.(1) In this section unless the context otherwise requires

The expression "closet accommodation" includes a receptacle for human
excreta, together with the structure comprising such receptacle and
the fittings and apparatus connected therewith;

The expression "pail closet" means closet accommodation including a
moveable receptacle for human excreta;

The expression "water-closet" means closet accommodation used or
adapted or intended to be used in connection with the water
carriage system, and comprising provision for the flushing of the
receptacle by means of a fresh water supply, and having proper
communication with a sewer;

The expression "slop-closet" means closet accommodation used or
adapted or intended to be used in connection with the water
carriage system, and comprising provision for the flushing of the
receptacle by means of slops or waste liquids of the household or
rain water, and having proper communication with a sewer;

The expression "a sufficient water supply and sewer" means a water
supply and a sewer which are sufficient and reasonably available for
use in, or in connection with, the efficient flushing and cleansing
of, and the efficient removal of excreta from such number of proper
and sufficient water-closets and slop-closets, or from such one or
more of either class of closet as, in pursuance of this section,
may be required to be provided in any particular case.

(2) Within one month after the deposit of any plan by a person
intending to erect a new building, the [district council], where
there are a sufficient water supply and sewer, may by written
notice to that person require the new building to be provided with
such number of proper and sufficient water-closets and slop-closets,
or with such one or more of either class of closet, as the
circumstances of the case may render necessary.

Any person who fails to comply with any requirement of the
[district council] under this subsection shall be liable to a
penalty not exceeding five pounds and to a daily penalty not
exceeding [#2].

(3) If, ..., the [district council] are satisfied that sufficient
closet accommodation has not been provided at or in connection with
a building, and the case is not one in which sufficient closet
accommodation can be provided by the alteration of any existing
closet accommodation in pursuance of this section, the [district
council], where there are a sufficient water supply and sewer, may
by written notice to the owner or owners of the building require
the building to be provided with such number of proper and
sufficient water-closets and slop-closets, or with such one or more
of either class of closet, as the circumstances of the case may
render necessary.

If the owner or owners of the building fail to comply with any
requirements of the [district council] under this subsection, the
[council] may, at the expiration of a time which shall be specified
in the notice and shall be not less than fourteen days after the
service of the notice, do the work required by the notice, and may
recover summarily as a civil debt from the owner or owners the
expenses incurred by the [council] in so doing.

(4) The [district council], where there are a sufficient water
supply and sewer, may by written notice to the owner or owners of
a building require any existing closet accommodation (other than a
water-closet or a slop-closet) provided at or in connection with the
building to be altered, so as to be converted into a water-closet
or slop-closet.

If the owner or owners of the building fail to comply with any
requirements of the [district council] under this subsection, the
[council] may, at the expiration of a time which shall be specified
in the notice and shall not be less than fourteen days after the
service of the notice, do the work required by the notice.

Where in pursuance of this subsection any work of alteration is
done by the [district council] in default of the owner or owners
in respect of a pail closet, the expenses of the work shall be
borne by the [council], and where in pursuance of this subsection
any work of alteration is done by the [council] in default of the
owner or owners in respect of any existing closet accommodation
other than a pail closet, one half of the expenses of the work
shall be borne by the [council], and the remainder of the said
expenses shall be borne by the owner or owners and shall be
recoverable summarily as a civil debt.

Every notice in pursuance of this subsection shall state the effect
of the subsection.

(5) Nothing in this section shall have effect with respect to a
slop-closet, unless or until the Local Government Board for Ireland
have been satisfied by the [district council], and have by order
declared that the circumstances of the district of the [council] are
such as to render it necessary or expedient that this section shall
have effect with respect to a slop-closet.

Any order in pursuance of this subsection shall be published in
such manner as the Local Government Board for Ireland direct.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 40
Payment for works of common benefit.

40.(1) Where under section thirty-nine of this Act the [district
council] do any work for the common benefit of two or more
buildings belonging to different owners, the expenses, which under
that section are recoverable by the [council] from the owners, shall
be paid by the owners of those buildings in such proportions as
shall be determined by the [council], or in case of dispute by a
court of summary jurisdiction .

(2) Any moneys expended by the [district council] for the purposes
of section thirty-nine of this Act shall, so far as they are not
recoverable from the owner or owners, be part of the expenses of
the [council] in the execution of the Public Health (Ireland) Act,
1878.

(3) The [district council] may by order declare any expenses
incurred by them under section thirty-nine of this Act, which are
recoverable summarily as a civil debt from the owner or owners, to
be expenses to which the provisions of section two hundred and
fifty-five of the Public Health (Ireland) Act, 1878 shall apply, and
thereupon those provisions shall apply, with the necessary
modifications, as if they were herein re-enacted and in terms made
applicable to the said expenses.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 41
Entry on premises.

41. [A district council may arrange for the discharge of any of
their functions under this Act by any of their officers], and the
provisions of sections one hundred and eighteen and one hundred and
nineteen of the Public Health (Ireland) Act, 1878 shall, with the
necessary modifications, apply to ... admission.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 42
Appeals.

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

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

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

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 43
District council may require removal or alteration of urinals.

43.(1) If any urinal or other sanitary convenience opening on any
street (whether erected before or after the commencement of this
section) is so placed or constructed as to be a nuisance or
offensive to public decency, the [district council] by notice in
writing, may require the owner to remove it within a reasonable
time fixed by the [council].

(2) If the owner fails to comply with the notice, he shall be
liable to a penalty not exceeding [#1] and to a daily penalty not
exceeding [50p].[

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 44
Compulsory provision of urinals and sanitary conveniences.

44.(1) Where any inn, public-house, beer-house, eating-house,
refreshment-house, or place of public entertainment, whether built
before or after the commencement of this section, has belonging or
attached thereto no urinal, or a urinal which in the opinion of
the [district council] is not proper or sufficient, the [council]
may, by notice in writing, require the owner or occupier of the
premises to provide and maintain thereon one or more than one
proper and sufficient urinal suitably placed.

(2) Where any sports ground has belonging thereto no sanitary
conveniences, or sanitary conveniences which in the opinion of the
[district council] are not proper or sufficient, the [council] may
by notice in writing require the owner or occupier to provide and
maintain thereon one or more than one proper and sufficient sanitary
convenience suitably placed. In this sub-section the expression
"sports ground" means any lands, premises or place provided and
maintained by any person or body of persons (whether corporate or
unincorporate) for the purpose of exhibitions of games or sports
ordinarily played or contested out of doors between two or more
persons or groups of persons, where payments are charged for
admission thereto.

(3) If the owner or occupier fails within a reasonable time to
comply with a notice under this section, he shall be liable in
respect of each offence to a penalty not exceeding [#1] and to a
daily penalty not exceeding [50p].

(4) Notwithstanding anything in sub-section (2) of section two of
this Act, this section shall have effect in the area of every
[district council] in Northern Ireland.]

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 45
Testing of drains on report of defects.

45.(1) If ... the [district council] ... has reasonable grounds for
believing that any drains of any building are so defective as to
be [prejudicial] or dangerous to health, the [council] may ... apply
the smoke or coloured water test, or other similar test (not
including a test by water under pressure), to the drains, subject
to the condition that either the consent of the owner or occupier
of the building must be given to the application of the test, or
an order of a court of summary jurisdiction having jurisdiction in
the place where the building is situated must be obtained,
authorising the application of the test.

(2) If on the application of the test the drains are found to be
defective, the [district council] may, by notice specifying generally
the defect, require the owner of the premises to do all works
necessary for remedying it within a reasonable time named in the
notice, and if the owner fails so to do the work the [council]
may themselves do the work, and the expense of so doing the work
may either be recovered from the owner of the building summarily as
a civil debt or may be declared by the [council] to be private
improvement expenses, and may be recoverable accordingly.

(3) The owner and occupier of any building shall give all
reasonable facilities for the application of any test which has been
consented to or authorised in pursuance of this section, and, if
the owner or occupier fails to do so, he shall be liable in
respect of each offence to a penalty not exceeding [#2] and to a
daily penalty not exceeding [#1].

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 46
Provision for filling up cesspools, &c.

46. If it shall appear to the [district council] ... that any
cesspool or other receptacle used or formerly used as a receptacle
for excreta or other obnoxious matter, or for the whole or any
part of the drainage of a house, or that any ashpit or any well
or disused well belonging to any such house or part of a house is
prejudicial to health, or otherwise objectionable for sanitary
reasons, and that it is desirable that the same should be filled
up or removed, or so altered as to remove any such objection as
aforesaid, the [council] may, if they think fit, by notice in
writing, require the owner or occupier of such house or part of a
house within a reasonable time, to be specified in the notice, to
cause such cesspool, receptacle, ashpit, or well to be filled up or
removed, and any drain communicating therewith to be effectually
disconnected, destroyed, or taken away, or to cause such cesspool,
receptacle, ashpit, or well to be so altered as to remove any such
objection as aforesaid.

Where it appears that any such cesspool, receptacle, ashpit, or well
is used in common by the occupiers of two or more houses, or
parts of houses, the notice for filling up or removal of any such
cesspool, receptacle, ashpit, or well may be served on any one or
more of the owners or occupiers of such houses, and it shall not
be necessary to serve such notice on all such owners or occupiers.

If default is made in complying with the requisitions of a notice
under this section the [district council] may themselves carry out
the requisitions, and may recover the expenses incurred by them in
so doing from the owners or occupiers in default in a summary
manner as a civil debt, or, where the owners are the persons
liable, as private improvement expenses are recoverable under the
Public Health (Ireland) Acts, 1878 to 1900.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 47
Public conveniences and lavatories.

47. [Subject to the approval of the Ministry of Development as road
authority] the [district council] may provide and maintain in proper
and convenient situations sanitary conveniences in or under any
street repairable by the inhabitants at large, and may provide and
maintain in proper and convenient situations lavatories in or under
any such street for the use of the public, and may employ and pay
attendants and make reasonable charges for the use of any sanitary
conveniences (other than a urinal) or of any lavatory so provided.
The [district council] may make byelaws for the management of the
sanitary conveniences and lavatories, and as to the conduct of
persons frequenting the same.

The [district council] may let any such sanitary conveniences and
any such lavatories for such periods, at such rents, and subject to
such conditions as to the charges to be made for the use thereof
and otherwise, as they think proper.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 48
Removal of trade refuse.

48. If the [district council] are required by the owner or occupier
of any premises to remove any trade refuse (other than sludge), the
[council] shall do so, and the owner or occupier shall pay to them
for doing so a reasonable sum, to be settled in case of dispute
by order of a court of summary jurisdiction; and if any question
arises in any case as to what is to be considered as trade
refuse, that question may be decided on the complaint of either
party by a court of summary jurisdiction, whose decision shall be
final.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 49
Summary power to provide sinks and drains for buildings.

49. In addition to all other powers vested in a [district council,
the council,] if it shall appear to them ..., that any building
built before or after the commencement of this section of this Act
is not provided with a proper sink or drain or other necessary
appliances for carrying off refuse water from such building, may
give notice in writing to the owner or occupier of such building
requiring him in the manner and within the time to be specified in
such notice, not being less than twenty-eight days, to provide such
sink, drain, or other appliances. If the owner or occupier makes
default in complying with such requirement to the satisfaction of
the [district council] within the time specified in such notice, he
shall be liable to a penalty not exceeding five pounds and to a
daily penalty not exceeding [#2] and in case of default the
[district council] may, if they think fit, themselves provide such
sink, drain, or other appliances, and the expenses incurred by them
in so doing shall be repaid to them by such owner or occupier,
and may be recovered summarily as a civil debt.

S.50 rep. by 1948 c.3 (NI) s.83 sch.10 Pt.IIB

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 51
Power to declare a business to be an offensive business.

51.Subs.(1) amends s.128 of 1878 c.52

(2) The [district council] may make byelaws with respect to any
trade which is an offensive trade under section one hundred and
twenty-eight of the Public Health (Ireland) Act, 1878, as amended by
this Act, whether established before or after the commencement of
this Act, in order to prevent or diminish any noxious or injurious
effects of the trade.

Part IV (ss.5268) rep. by 1948 c.3 (NI) s.83 sch.10 Pt.IIA, B;
1958 c.27 (NI) s.73(1) sch.4 Pt.I; 1967 c.36 (NI) s.33 sch.3

Part V (ss.6975) rep. by 1972 NI 14 art.109(3) sch.18

Powers as to parks and pleasure gardens.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 76

76.(1) The Local Government Board for Ireland, for the purposes of
this section, may make rules prescribing restrictions or conditions
subject to which any powers conferred by the section shall with
respect to any area in a public park or pleasure ground be
exercisable in relation to the enclosure or setting apart of the
area, or in relation to the use of the area as the site of a
building or convenience.

Subject to the restrictions or conditions prescribed by rules made
under this section, the [district council] shall, in addition to any
powers under any general Act, have the following powers with respect
to any public park or pleasure ground provided by them or under
their management and control, namely, powers

(a)To enclose during time of frost any part of the park or ground
for the purpose of protecting ice for skating, and charge admission
to the part inclosed, but only on condition that at least
three-quarters of the ice available for the purpose of skating is
open to the use of the public free of charge;

(b)To set apart any such part of the park or ground as may be
fixed by the [district council], and may be described in a notice
board affixed or set up in some conspicuous position in the park
or ground for the purpose of cricket, football, or any other game
or recreation, and to exclude the public from the part set apart
while it is in actual use for that purpose;

(c)To provide any apparatus for games and recreations, and charge
for the use thereof, or let the right of providing any such
apparatus for any term not exceeding three years to any person;

Paras.(d) and (e) rep. by 1966 c.38 (NI) sch.28 sch.3

(f)To place, or authorise any person to place, chairs, or seats in
any such park or ground, and charge for, or authorise any person
to charge for, the use of the chairs so provided;

(g)To provide and maintain any reading rooms, pavilions, or other
buildings and conveniences, and to charge for admission thereto,
subject in the case of reading rooms to the limitation that such a
charge shall not be made on more than twelve days in any one
year, nor on more than four consecutive days;

Para.(h) rep. by 1966 c.38 (NI) s.28 sch.3

(i)To provide and maintain refreshment rooms in any such park, and
either manage them themselves, or, if they think fit, let them to
any person for any term not exceeding three years.

Subs.(2) rep. by SRO (NI) 1973/285; subs.(3) spent

(4) No power given by this section shall be exercised in such a
manner as to contravene any covenant or condition subject to which
a gift or lease of a public park or pleasure ground has been
accepted or made, without the consent of the donor, grantor, lessor,
or other person or persons entitled in law to the benefit of such
covenant or condition.

S.77 rep. by 1972 c.9 (NI) s.149 sch.9

Regulations as to street traffic.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 78

78. The [Ministry of Development] may from time to time make
regulations with respect to such streets, to be specified in the
regulations, as are specially liable to be obstructed by reason of
the amount and nature of the traffic:

(a)Prescribing the line to be kept at any street crossing by all
persons riding or driving;

(b)Requiring the drivers of heavy and slow-moving vehicles to keep
their vehicles to a particular portion of the street.

All regulations under this section shall be subject to the approval
of the Chief Secretary.

Any person who shall contravene any such regulation, after warning
given by word or signal by a police constable stationed in the
street to direct the traffic, shall be liable to a penalty not
exceeding [#2].

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 79
Dangerous riding and driving.

79. Every person who shall ride or drive so as to endanger the
life or limb of any person or to the common danger of the
passengers in any thoroughfare shall be liable to a penalty not
exceeding [#2] and may be arrested without warrant by any constable
who witnesses the offence.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 80
As to leading or driving animals.

80. The [district council] may, by order, prescribe the streets in
which, and the manner according to which, the leading or driving of
animals shall be permitted within their district, provided that the
route or routes which it shall be lawful for the [council] so to
prescribe shall not be such as would prevent the passage of cattle
between any market on the one hand, and any railway station or
landing wharf in the district or any place beyond the district on
the other hand, when such animals are merely passing between such
market and railway station, landing wharf, or other place aforesaid,
and the [council] shall be bound to allow at all times a
reasonably short and efficient route or routes for the passage of
such animals. Provided also that any such order shall only operate
between the hours of nine in the morning and nine in the evening,
and shall not prevent the owner of any animals driving the same to
or from his own premises, and nothing in this enactment contained
shall authorise the [district council] to interfere with the leading
or driving of any animals to any duly licensed slaughter-house.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 81
Extending definition of public place and street for certain purposes.

81. Any place of public resort or recreation ground belonging to,
or under the control of, the [district council], and any unfenced
ground adjoining or abutting upon any street in [a] district shall
... be deemed to be a street PS0800[for the purposes of section
twenty-nine of the Town Police Clauses Act, 1847, and also]PS1000
for the purposes of so much of section twenty-eight of that Act as
relates to the following offences:

Every person who suffers to be at large any unmuzzled ferocious
dog, or urges any dog or other animal to attack, worry, or put in
fear any person or animal:

Every person who rides or drives furiously any horse or carriage,
or drives furiously any cattle:

Every common prostitute or night walker loitering and importuning
passengers for the purpose of prostitution:

Every person who wilfully and indecently exposes his person:

Every person who publicly offers for sale or distribution, or
exhibits to public view, any profane, indecent, or obscene book,
paper, print, drawing, painting, or representation, or sings any
profane or obscene song or ballad, or uses any profane or obscene
language:

Every person who wantonly discharges any firearm or discharges any
missile or makes any bonfire:

Every person who throws or lays any dirt, litter, ashes, or night
soil, or any carrion, fish, offal, or rubbish, on any street.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 82
Byelaws as to sea-shore.

82. The [district council] for the prevention of danger, obstruction,
or annoyance to persons using the sea-shore may make and enforce
byelaws to

(1)Regulate the erection or placing on the sea-shore, or on such
part or parts thereof as may be prescribed by such byelaws, of any
booths, tents, sheds, stands, and stalls (whether fixed or movable),
or vehicles for the sale or exposure of any article or thing, or
any shows, exhibitions, performances, swings, roundabouts, or other
erections, vans, photographic carts, or other vehicles, whether drawn
or propelled by animals, persons or any mechanical power, and the
playing of any games on the seashore and generally regulate the
user of the seashore for such purposes as shall be prescribed by
such byelaws;

(2)Regulate the user of the seashore for riding and driving;

(3)Regulate the selling and hawking of any article, commodity, or
thing on the seashore;

(4)Provide for the preservation of order and good conduct among
persons using the seashore. Provided that no byelaws affecting the
foreshore below high-water mark shall come into operation until the
consent of the Board of Trade has been obtained.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 83
Byelaws as to promenades.

83. The [district council] may, for the prevention of danger,
obstruction, or annoyance to persons using the esplanades or
promenades within the district, make byelaws prescribing the nature
of the traffic for which they may be used, regulating the selling
and hawking of any article, commodity, or thing thereon, and for
the preservation of order and good conduct among the persons using
the same.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 84
Licences to porters.

84.(1) The [district council] may from time to time grant to any
person whom they think fit a licence to carry on the calling of a
luggage porter, light porter, public messenger, or commissionaire, and
may charge a fee of [5p] for any such licence.

(2) The [district council] may from time to time make byelaws for
regulating the conduct of any persons so licensed and for fixing
the charges to be made by them.

(3) Every such licence may be granted for a year or for any less
period according as the [district council] may think fit, and may
be suspended or revoked or endorsed by the [council] for a breach
of such byelaws or whenever they shall deem such suspension or
revocation or endorsement to be necessary or desirable in the
interests of the public: Provided that the existence of this power
to suspend or revoke or endorse a licence shall be plainly set
forth in the licence itself.

(4) Every such licence whensoever issued shall expire on the
thirty-first day of March next following the date of its issue, and
may contain conditions as to the badge which the holder of any
such licence shall wear.

(5) If any person while unlicensed represents himself to be
licensed, or wears any badge for the purpose of representing himself
as licensed to carry on any of the callings specified in this
section, he shall be liable to a penalty not exceeding [#1].

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 85
Registries for servants.

85.(1) Every person who shall carry on, for the purpose of private
gain, the trade or business of keeper of a female domestic
servants' registry shall register his name and place of abode, and
also the premises in which such trade or business is carried on,
in a book to be kept at the offices of the [district council] for
the purpose.

(2) The [district council] may make byelaws prescribing the books to
be kept and the entries to be made therein, and any other matter
which the [council] may deem necessary for the prevention of fraud
or immorality in the conduct of such trade or business, and for
regulating any premises used for the purposes of or in connection
with such trade or business.

(3) The person registered shall keep a copy of the byelaws made by
the [district council] under this section hung up in a conspicuous
place in the registered premises.

(4) [The district council] shall at all reasonable times be afforded
by the person registered full and free power of entry into the
registered premises for the purpose of inspecting the registered
premises and the books required to be kept by such person.

(5) Any person carrying on such trade or business as aforesaid
whose name, place of abode, and premises in which such trade or
business is carried on have not been registered in accordance with
subsection one of this section, or whose registration has been
cancelled or suspended as herein-after provided, or acting in
contravention of any of the provisions of this section or of any
byelaw made thereunder, shall be liable to a penalty not exceeding
five pounds and to a daily penalty not exceeding [#2], and the
court may (in lieu of or in addition to imposing a penalty) order
the suspension or cancellation of the registration.

(6) The [district council] shall give public notice of the
provisions of this section by advertisement in two newspapers
circulating in the district, and by handbills and otherwise in such
manner as they think sufficient.

[(7) The district council may arrange for the discharge of any of
its functions under this section by any of its officers and
arrangements made under this subsection shall include provision for
any officer of the district council, seeking to exercise any power
of entry into registered premises in pursuance of the arrangements,
to exhibit his authority if required to do so.]

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 86
As to dealers in old metal and marine stores.

86.(1) Every person who shall carry on business as a dealer in old
metal or as a marine store dealer shall register his name and
place of abode and every place of business, warehouse, store, and
place of deposit occupied or used by him for the purpose of such
business, in a book to be kept for the purpose at the offices of
the [district council].

(2) Every person carrying on business as aforesaid shall correctly
enter in a book to be kept by him for that purpose the
description and price of all articles purchased or otherwise acquired
by him, and the name, address, and occupation of the persons from
whom the same were purchased or otherwise acquired.

(3) Every person who shall carry on such business without having so
registered or without keeping such book and making such entries as
required by this section shall be liable to a penalty not exceeding
five pounds and to a daily penalty not exceeding [#2].

(4) [The district council] shall have free access at all reasonable
times to every such place of business, warehouse, store, and place
of deposit, to inspect the same and the books by this section
required to be kept, and every person who shall prevent, hinder, or
obstruct [the council] shall be liable to a penalty not exceeding
five pounds.

(5) The [district council] shall give public notice of the
provisions of this section by advertisement in two newspapers
circulating in the district, and by handbills and otherwise in such
manner as they think sufficient.

[(6) The district council may arrange for the discharge of any of
its functions under this section by any of its officers and
arrangements made under this subsection shall include provision for
any officer of the district council, seeking to exercise any power
of entry into registered premises in pursuance of the arrangements,
to exhibit his authority if required to do so.]

Part VIII (ss.8790) rep. by 1947 c.10 (NI) s.35(3) sch.5

Part IX (s.91) rep. by 1973 NI 21 art.72(2) sch.3

Bathing places.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 92

92. The [district council]

(a)may make byelaws with regard to any public bathing, whether from
bathing machines or not, for any of the purposes mentioned in
section sixty-nine of the Town Police Clauses Act, 1847, and also
for the purpose of regulating the hours of bathing and enforcing
the provision and maintenance of any life-saving apparatus or other
means of protecting bathers from danger by persons providing
accommodation for public bathing; and

(b)may, if they think fit, provide and maintain on or at any place
within their district, which abuts on the sea or any river,
bathing-sheds or other conveniences with all necessary appliances, and
may charge for the use thereof.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 93
Provision of life-saving appliances.

93. The [district council] of any district may provide and maintain
life-saving appliances at any place in their district where they
think those appliances are likely to be of use.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 94
Power to license pleasure boats.

94.(1) The [district council] may grant upon such terms and
conditions as they may think fit licences for pleasure boats and
pleasure vessels to be let for hire or to be used for carrying
passengers for hire, and to the [persons in charge of or
navigating] such boats and vessels, and may charge annual fees for
such licences, for a boat or vessel a fee not exceeding the sum
of [25p], and for a boatman or other person a fee not exceeding
the sum of [5p].

(2) Any such licence may be granted for such period as the
[district council] may think fit, and may be suspended or revoked
by the [council] whenever they shall deem such suspension or
revocation to be necessary or desirable in the interests of the
public: Provided that the existence of the power to suspend or
revoke the licence shall be plainly set forth in the licence
itself.

(3) No person shall let for hire any pleasure boat or pleasure
vessel not so licensed or at any time during the suspension of the
licence for the boat or vessel, nor shall any person carry or
permit to be carried passengers for hire in any pleasure boat [or
a vessel unless

(a)the boat or vessel is so licensed and the licence is not
suspended; and

(b)the person in charge of the boat or vessel and any other person
navigating it is so licensed and his licence is not suspended and
the conditions of his licence are complied with.]

(4) A licence under this section shall not be required for any
boat or vessel duly licensed by or under any regulations of the
Board of Trade [or for a person in charge for navigating such a
boat or vessel.]

(5) No person shall carry or permit to be carried in any pleaure
boat or pleasure vessel a greater number of passengers for hire
than shall be specified in the licence applying to such boat or
vessel, and every owner of any such boat or vessel shall, before
permitting the same to be used for carrying passengers for hire,
paint or cause to be painted, in letters and figures not less than
one inch in height and three-quarters of an inch in breadth, on a
conspicuous part of the said boat or vessel, his own name and also
the number of persons which it is licensed to carry, in the form
"Licensed to carry persons."

(6) Every person who shall act in contravention of the provisions
of this section shall for each offence be liable to a penalty not
exceeding [#50] [so, however, that a person shall not be guilty of
an offence under this subsection by reason of his failure to comply
with such conditions as are mentioned in subsection (3)(b) if it is
shown that there is reasonable excuse for the failure.]

(7) Any person deeming himself aggrieved by the withholding,
suspension, or revocation of any licence under the provisions of
this section may appeal to a court of summary jurisdiction held
after the expiration of two clear days after such withholding,
suspension, or revocation: Provided that the person so aggrieved
shall give twenty-four hours' written notice of such appeal, and the
ground thereof, to the [district council], and the court shall have
power to make such order as they see fit and to award costs, such
costs to be recoverable summarily as a civil debt.

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 95
Restrictions on use of appropriated lands.

95. ... [A district council] shall not, on any lands ...
appropriated, create or permit any nuisance; and ... the local
authority shall not, on any such lands, ... construct any cemetery,
burial ground, destructor, ... unless, after local inquiry and
consideration of any objections made by persons affected, the Local
Government Board for Ireland, subject to such conditions as they
think fit, authorise the work or construction.

Nothing in this section shall affect any rights acquired before the
commencement of this section under any judgment or order of a court
of competent jurisdiction, or under any agreement in writing, but if
a dispute, one of the parties to which is a local authority,
arises under such an agreement as to any such right, the dispute
shall, if either party so require, be settled by the Local
Government Board for Ireland as if it were a doubt or difference
within the meaning of section two hundred and seventy-seven of the
Public Health (Ireland) Act, 1878, and the Local Government Board
for Ireland may for that purpose deal by Order with any matters
which may be dealt with by an Order or Provisional Order under the
said section.$$#

EVICTED TENANTS (IRELAND) ACT 1907

EVICTED TENANTS (IRELAND) ACT 1907 - LONG TITLE

An Act to facilitate the provision of Land for certain Evicted
Tenants in Ireland and for other purposes connected therewith, and
to make provision with respect to the tenure of office by the
Estates Commissioners.
[28th August 1907]
Ss.116 rep. by SLR 1927; SLR 1950; SLR 1973

EVICTED TENANTS (IRELAND) ACT 1907 - SECT 17
Expenses of improvement in case of land sold to evicted tenant by
owner of estate.

17.Subs.(1) rep. by SLR 1950

(2) The annuity payable in respect of an advance made in pursuance
of this section shall, in accordance with regulations made by the
Treasury, be consolidated and made payable with the purchase annuity
payable in respect of the purchase money of the parcel of land.

S.19 rep. by SLR 1927

EVICTED TENANTS (IRELAND) ACT 1907 - SECT 20
Short title, &c.

20. This Act may be cited as the Evicted Tenants (Ireland) Act,
1907, and shall be construed as one with Part One of the Irish
Land Act, 1903, in this Act referred to as "the Act of 1903," and
may be cited with the Land Purchase Acts.

Schedule rep. by SLR 1950