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SCHEDULE C.
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Sect. 279
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Forms.
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Form A.
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Form of Notice requiring Abatement of Nuisance.
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To [person causing the nuisance, or owner or occupier of the premises whereon the nuisance exists, as the case may be].
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Take notice that under the provisions of the Public Health (Ireland) Act 1878, the [describe the sanitary authority], 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 injurious to health; or for further instance, swine kept so as to be a nuisance or injurious to health], do hereby require you within from the service of this notice to abate the same, and for that purpose to [state any things required to be done or works to be executed].
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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.
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Dated this day of 18 .
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Signature of officer of
sanitary authority
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}
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Form B.
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Form of Summons.
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Summons.
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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 .
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County of [or borough of &c. or district of or as the case may be] to wit.
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{
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You are required to appear before [describe the court of summary jurisdiction], 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 that in or on the premises above mentioned
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[or in or on certain premises situated at No. 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 sanitary authority], 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].
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Dated this day of 18 .
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Signed ________________
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Justice.
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Form C.
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Form of Order for Abatement or Prohibition of Nuisance.
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To 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 .
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County of
[or borough, &c. of
or
district of
or as the case may be].
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{
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Whereas on the day of complaint was made before Esquire, one of Her Majesty’s justices of the peace acting in and for the county [or other jurisdiction] stated in the margin, [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,
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of [describe the sanitary authority] the following nuisance then existed [describing it]; and that the said nuisance was caused by the act or default of the owner [or occupier] of the said premises [or was caused by A.B.] [If the nuisance have been removed, say, the following nuisance existed on or about [the day the nuisance was ascertained to exist], and that the said nuisance was caused, &c., and although the same is now removed, the same or the like nuisance is likely to recur on the said premises].
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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.
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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 injurious 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 injurious to health as aforesaid.
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[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.]
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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 prohibtion be infringed, then we [or I] [order on sanitary authority to do works].
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Gived under the hands of us [or the hand of me, describing the court],
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This day of 18 .
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J.S.
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J.P.
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Form D.
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Form of Order for Abatement of Nuisance by Sanitary Authority.
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To the Town Council, &c., as the case may be
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County, &c,
to wit.
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}
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Whereas [recite complaint of nuisance as in last form].
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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 [sanitary authority, naming it,] forthwith to [here specify the works to be done].
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Given, &c. (as in last form).
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Form E.
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Form of Order to permit Execution of Works by Owner.
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County of
[or borough, &c.,]
to wit.
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{
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Whereas complaint hath been made to me, E.F. Esquire, one of Her Majesty’s justices of the peace in and for the county [or other jurisdiction, &c.]
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by A.B., owner, within the meaning of the Public Health (Ireland) Act, 1878, of certain premises [describe situation of premises so as to identify them], that C.D., the occupier of the said premises, doth prevent the said A.B. from obeying and carrying into effect the provisions of the said Act in this, to wit, that he the said C.D. doth prevent the said A.B. from [here describe the works generally according to circumstances, for instance, thus: constructing and laying down, in connexion with the said house, a covered drain, so as to communicate with a sewer, which the sanitary authority under the said Act of the district of 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.
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Given under my hand, this day of 18 .
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J.S.
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Form F.
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Order of Justice for Admission of Officer of Sanitary Authority.
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Whereas [describe the sanitary authority] 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.
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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 sanitary authority], or the officer of the said sanitary authority], to the said premises, for the purpose aforesaid.
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Given, &c. (as in last form).
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