Limerick Corporation v Dante and Others

JurisdictionIreland
CourtDistrict Court (Ireland)
Judgment Date01 January 1958
(Dist. Ct.),
Limerick Corporation
and
Dante and Others

Notices to be served - On whom notices must be served - Power of surveyor on apportionment - Appeal to arbitrator - Power of arbitrator -Appeal to Department of Local Government -Time for commencing proceedings - Plans not according to scale required by section - Public Health (Ireland) Act, 1878, s. 28 - Matters which may be raised before District Court.

Held (1) Failure to serve a preliminary notice on all frontagers under s. 28 of the Public Health (Ireland) Act, 1878, is no defence to summary proceedings brought by a local authority against individual frontagers on whom notice had been served. (2) The requirement as to the scale of deposited plans in s. 28 of the Public Health (Ireland) Act, 1878, is directory only and not mandatory. Quaere: Whether "Reps"of a deceased owner is a sufficient description of an...

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