Page:Public General Statutes 1896.djvu/464

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444

Ch. 54.

Public Health (Ireland) Act, 1896.

59 & 60 Vict.

authority would have of issuing precepts, or otherwise requiring payment from such other authorities.

(3.) Any precepts issued by the authority so authorised as aforesaid for raising the sum due to them may be enforced in the same manner in all respects as if they had been issued by the defaulting authority.

(4.) The authority so authorised as aforesaid may, in making an estimate of the sum to be raised for the purpose of paying the debt due to them, add such sums as they think sufficient, not exceeding ten per cent, on the debt due, and may defray thereout all costs, charges, and expenses (including remuneration to any persons they may employ) to be incurred by such authority by reason of the default of the defaulting authority; and the authority so authorised as aforesaid shall apply all moneys raised by them in payment of the debt due to them, and such costs, charges, and expenses as aforesaid, and shall render the balance, if any, remaining in their hands after such application to the defaulting authority.

Power of Board to enforce Performance of Duty by defaulting Local Authority.

Proceedings on complaint to Board of default of local authority 15.—(1.) Where complaint is made to the Local Government Board that a sanitary authority has made default in providing their district with sufficient sewers, or in the maintenance of existing local authority. sewers, or in providing their district with a supply of water, in cases where danger arises to the health of the inhabitants from the insufficiency or unwholesomeness of the existing supply of water, and a proper supply can be got at a reasonable cost, or that a local authority has made default in enforcing any provisions of the Public Health (Ireland) Acts, 1878 to 1890, or this Act, which it is their duty to enforce, the Local Government Board, if satisfied, after due inquiry, that the authority has been guilty of the alleged default, shall make an order limiting a time for the performance of their duty in the matter of such complaint If such duty is not performed by the time limited in the order, such order may be enforced by writ of Mandamus, or the Local Government Board may appoint some person to perform such duty, and shall by order direct that the experses of performing the same, together with a reasonable remuneration to the person appointed for superintending such performance, and amounting to a sum specified in the order, together with the costs of the proceedings, shall be paid by the authority in default; and any order made for the payment of such expenses and costs may be removed into the Queens Bench Division of the High Court, and be enforced in the same manner as if the same were an order of such Division.

(2.) Any person appointed under this section to perform the duty of a defaulting sanitary authority shall, in the performance and for the purposes of such duty, be invested with all the powers of such authority other than the powers of levying rates; and the Local Government Beard may by order change any person so appointed.

(3.) Section two hundred and eleven of the principal Act is hereby repealed.