Local Government Act, 1925

Local Government Act, 1925 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1925 Local Government Act, 1925 Local Government Act, 1925 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 5 of 1925. LOCAL GOVERNMENT ACT, 1925. ARRANGEMENT OF SECTIONS PRELIMINARY. Section 1. Definitions. 2. Application to County and City of Dublin. PART I. ABOLITION OF RURAL DISTRICT COUNCILS. 3. Abolition of rural district councils. 4. Continuance of pending actions and contracts. 5. Public bodies elected by rural district councils. 6. Periodical payments by rural district councils. 7. Poor law guardians to be elected where no county scheme. 8. Rural district councils before the appointed day. PART II. PUBLIC HEALTH. 9. County to be one rural sanitary district except in certain cases. 10. Duties of county councils as sanitary authorities to be performed by boards of health. 11. Borrowing powers of county councils. 12. Incorporation of boards of health and regulation of their proceedings. 13. Appointment of committees of boards of health. 14. Finance of boards of health. 15. Committees of county councils to be abolished. 16. Application of adoptive Acts in portions of county health districts. 17. Adoptive acts to apply throughout Saorstát Eireann. 18. Duties of the Minister in relation to health. 19. Consultative councils. 20. Tents and vans used for human habitation. 21. County medical officers of health. 22. One sanitary officer to be a veterinary surgeon. 23. Amendment of the Public Health (Regulations as to Food) Act, 1907. PART III. ROADS. 24. Maintenance and construction of roads. 25. Certain roads may be declared to be public roads. 26. Abandonment of roads. 27. Expenses of maintenance, etc., of roads. 28. Power to revoke orders declaring main roads. 29. Closing roads temporarily. 30. Provisions as to borrowing. 31. Bridges (Ireland) Acts, 1813-1875. 32. Power to dig for road materials and make drains. 33. Buildings and structures obstructing view on roads. 34. Hedges and trees prejudicial to roads. 35. Petrol pumps on roads. 36. Regulations in regard to roads. 37. Validation of certain direct labour schemes. 38. Duration of direct labour schemes. 39. Recovery of penalties under Roads Act, 1920. 40. Speed of vehicles on highways. 41. Amendment of Section 8 of the Development and Road Improvement Funds Act, 1909. PART IV. SUPERANNUATION, ETC. 42. Definitions. 43. Rights of existing officers. 44. Compensation to be granted for loss of office. 45. “Existing” officers within the meaning of the Local Government (Ireland) Act, 1898. 46. Bonus on cost of living. 47. Contributions by local bodies under which an officer has held office other than the local body granting compensation. 48. Offices not under a local authority, which may be held by pensionable officers. 49. Employment of pensioners of local bodies by other local bodies. 50. Payment of allowances and gratuities. 51. Officers of local bodies appointed to civil service. 52. Prohibition of alienation of pensions. 53. Superannuation of employees. 54. Consent of Minister required to grant of allowances to certain asylum employees. 55. Officers of abolished committees of county infirmaries and county fever hospitals. 56. Compensation for loss of emoluments on transfer of duties. PART V. MISCELLANEOUS AND GENERAL. 57. Membership of county councils. 58. Appointment of committees of county councils. 59. Amendment of the Public Health and Local Government Conferences Act, 1885. 60. Disqualification of members of local authorities. 61. Responsibilities of members and officers of local authorities. 62. Non-payment of surcharges. 63. Payment of travelling expenses to members of certain local authorities. 64. Meeting of local authorities abandoned for want of quorum. 65. Libraries. 66. Library authority may provide lectures, etc., in schools. 67. Advertisement of health and pleasure resorts. 68. Acquisition of land by local authorities. 69. Rating of new buildings. 70. Member of local authority may not be employed by that or another local authority. 71. Officers of local authorities to make declaration on appointment or increase of remuneration. 72. Power to dissolve a local authority. 73. Delegation of powers. 74. Power to add urban districts to county health districts. 75. Amendment of section 60 of the Towns Improvement (Ireland) Act, 1854. 76. Amendment of National Insurance Act, 1911. 77. Amendment of section 9 of the Local Government (Ireland) Act, 1898. 78. Subscription by county council to funds of general council. 79. Lunatic Asylums to be styled "mental hospitals". 80. Salary of surgeon to county infirmary. 81. Provisions in relation to transferred powers and duties. 82. Transfer of officers. 83. Relinquishment of office. 84. Collection and expenditure of current rates. 85. Amendment of Local Elections Postponement Acts, 1922 to 1924. 86. Powers of Minister. 87. Repeals. 88. Short title and construction. FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE FIFTH SCHEDULE SIXTH SCHEDULE SEVENTH SCHEDULE Acts Referred to Local Government (Temporary Provisions) Act, 1923 No. 9 of 1923 Electoral Act, 1923 No. 12 of 1923 Juries (Amendment) Act, 1924 No. 18 of 1924 Local Elections Postponement (Amendment) Act, 1924 No. 39 of 1924 Local Elections Postponement Act, 1922 No. 4 of 1922 Number 5 of 1925. LOCAL GOVERNMENT ACT, 1925. AN ACT TO AMEND THE LAW RELATING TO LOCAL GOVERNMENT AND FOR OTHER PURPOSES CONNECTED THEREWITH. [26th March, 1925.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— PRELIMINARY. Definitions. 1.—In this Act, unless the context otherwise requires— the expression “the Minister” means the Minister for Local Government and Public Health; the expression “prescribed” means prescribed by the Minister; the expression “county” does not include a county borough; the word “road” means any public road and includes any bridge, pipe, arch, gulley, footway, pavement, fence, railing or wall (where such fence, railing or wall was erected by or was liable to be maintained by the County Council or Grand Jury) forming part thereof; the expression “main road” means any road which the Minister, by his order, declares to be a main road; the expression “urban road” means any road in an urban district except a main road; the expression “county road” means any road in a county except main roads and urban roads; the expression “county scheme” has the same meaning as in the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923); the expression “direct labour scheme” means and includes any declaration prepared by the council of a county under the provisions of Article 25a of the Procedure of Councils Order, 1899, specifying the roads in a rural district to be maintained by direct labour, and the scheme formulated for carrying such declaration into effect; the expression “local authority” includes— (i) a county council, county or other borough council, urban district council, rural district council, board of guardians, or the commissioners of any town, (ii) any public body which is established by or in pursuance of any statute to perform any of the functions of any of the above named bodies, (iii) any committee or joint committee of or appointed by any of the said authorities; the expression “board of health” includes both a board of public health and a board of health and public assistance; the word “powers” includes rights, jurisdictions, capacities, privileges, and immunities; the word “duties” includes responsibilities and obligations; the expression “powers and duties” includes all powers and duties conferred or imposed by or arising under any Local Act; the expression “the appointed day” means the 1st day of October, 1925; the word “maintenance” when used in relation to any road, includes the widening or other reasonable improvement of such road, and cognate words shall be construed accordingly. Application to County and City of Dublin. 2.—The following portions of this Act, that is to say, the whole of Part I , sections 9 to 16 , and section 21 in Part II , sections 24 , 26 , 27 and 30 in Part III , and sections 57 , 63 , 74 , 81 and 82 in Part V shall not apply to the County or the City of Dublin. PART I. ABOLITION OF RURAL DISTRICT COUNCILS. Abolition of rural district councils. 3.—(1) On and after the appointed day all rural district councils shall cease to exist, and upon the appointed day the powers and duties (subject to the provisions of this Act), and the property, debts, and liabilities of the council of every rural district within a county, shall be transferred to the council of such county, and the council of such county shall be the successors of the council of such rural district. (2) Any debt or liability of a rural district council which is transferred to the council of a county by this section shall be paid or defrayed by means of the same rate by means of which such debt or liability would have been discharged before the passing of this Act, and the area of charge for the expenses of discharging such debt or liability shall be determined in accordance with the rules set out in the First Schedule to this Act. (3) If any debt or liability (whether existing on or arising after the appointed day) transferred by this section to the council of a county relates to or is connected with any property transferred by this section to that council, such debt or liability shall so far as possible be paid or defrayed out of any profit or revenue received out of such property. Continuance of pending actions and contracts. 4.—(1) If at the time when any powers, duties, property, or liabilities are transferred to a county council by this Act, any action or proceeding or any cause of action or proceeding is pending or existing in relation to such powers, duties, property, or liabilities by or against or on behalf of the body from which the same are so transferred, such action or proceeding, or cause of action or proceeding shall not abate or be prejudicially affected by such transfer, but shall continue by or against or on behalf of the county council or (in the case of powers or duties exercised through a board of health or of property transferred to a board of health under this Act), the board of health to or by whom the same are transferred or to be exercised. (2) All contracts, deeds, bonds, agreements, and other instruments relating to any powers, duties, property, or liabilities transferred to a county council by this Act and the terms or provisions of which are not fully executed or completed at the date of such transfer, shall be of as full force and effect against or in favour of such county council or (in the case of powers or duties exercised through a board of health or of property transferred to a board of health under this Act) the board of health to or by whom the same are transferred or to be exercised, and may be enforced against or by such county council or board of health as fully and effectually as if such county council or board of health had been named as a party thereto instead of the body from which such powers, duties, property, or liabilities are transferred. Public bodies elected by rural district councils. 5.—(1) Any joint board, committee, or authority, all of whose members were, prior to the passing of this Act, elected or appointed by the councils of rural districts situate in the same county health district shall, from and after the appointed day, cease to exist, and the powers, duties, property, and liabilities of such joint board, committee, or authority shall be transferred to the council of the county in which such county health district is situate, and such powers and duties shall be exercised and performed by such county council through and by the board of health for such county health district. (2) The members of any public body in office on the appointed day who were appointed or elected by the council of a rural district shall cease to hold office on the appointed day, and where, prior to the passing of this Act, it was the duty of the council of a rural district in a county to elect members of any public body, it shall, on and after the appointed day, be the duty of the council of such county to elect such members of such public body. This sub-section shall not apply to any public body to which the first sub-section of this section applies. Periodical payments by rural district councils. 6.—Whenever under any enactment passed prior to the passing of this Act the council of a rural district is empowered or directed (as the case may be) to make any periodical payment in respect of any port, fishery, drainage works, burial works, or other similar matter, the council of the county in which such rural district is situate shall be empowered or directed (as the case may require) to make such payment and the amount thereof shall be charged upon the area upon which such amount would have been charged immediately before the passing of this Act. Poor law guardians to be elected where no county scheme. 7.—In every county health district in a county to which for the time being no county scheme relates, poor law guardians shall after the appointed day be elected on the like days and in the same manner in all respects as members of rural district councils were immediately before the passing of this Act required by law to be elected. Rural district councils before the appointed day. 8.—(1) No elections of rural district councillors shall be held after the passing of this Act. (2) On the day which shall be prescribed by the Minister for the holding of the next statutory election of county councillors after the passing of this Act all rural district councils shall cease to function and the property and the several powers and duties of every rural district council shall be transferred to the council of the county in which the rural district was situate and shall be vested in and exercised and performed by such county council until the appointed day. (3) In the case of the council of a county to which for the time being no county scheme relates or to which a joint county scheme for such county and an adjoining county borough relates, the powers and duties transferred by this section to such council shall until the appointed day be exercised and performed by a board established for the purpose in the like manner as a board of public health would be established in that county under this Act after the appointed day. (4) In the case of the council of a county to which a county scheme (other than a joint scheme for such county and an adjoining county borough) relates the powers and duties transferred by this section to such council shall until the appointed day be exercised and performed by the body to whom under such county scheme is entrusted the administration of the relief of the poor in the area in which the rural district was situate. (5) The Minister may by order do all such things and make all such regulations as in his opinion shall be necessary for the proper preservation and management of the property and the performance and exercise of the powers and duties transferred by this section and generally for giving full effect to this section during the period between the date on which the rural district councils shall cease to function under this section and the appointed day. PART II. PUBLIC HEALTH. County to be one rural sanitary district except in certain cases. 9.—(1) On and after the appointed day, and subject to the provisions of sub-section (2) of this section, the area of every county, with the exception of those portions (if any) of that area which are included in urban districts, shall for all purposes form one rural sanitary district or rural district within the meaning of the Public Health (Ireland) Acts, 1878 to 1919, and the council of such county shall be the sanitary authority for such rural sanitary district or rural district, and such rural sanitary district or rural district shall be called by the name of “The County Health District of____________” (with the addition of the name of the county). (2) At the request of the council of any county, the Minister may by order direct that there shall be in such county two or more rural sanitary districts, and in such case the Minister by his said order shall after consultation with the council of such county determine the boundaries of such rural sanitary districts, and the council of such county shall be the sanitary authority for each such rural sanitary district, and each such rural sanitary district shall be called by the name of “The County Health District of___________” (with the addition of the name of the county and of such distinguishing name as the Minister shall direct). Duties of county councils as sanitary authorities to be performed by boards of health. 10.—(1) In every county health district— (a) in a county to which for the time being no county scheme relates, or (b) adjoining a county borough and situate in a county to which a joint county scheme for such county borough and county relates, the powers and duties of the council of such county as sanitary authority for such district shall, save as is otherwise provided by this Act, be exercised and performed through and by a board to be established in such county health district and to be called the board of public health. (2) In every county health district in a county to which a county scheme for the time being relates other than those referred to in paragraph (b) of sub-section (1) of this section, the powers and duties of the council of such county as sanitary authority for such district shall, save as is otherwise provided by this Act, be exercised and performed through and by the body to whom under such county scheme is entrusted the administration of the relief of the poor in such county health district, and such body shall be known as the board of health and public assistance for such county health district. (3) Any property transferred to the council of a county by this Act may be transferred by such council by order under their seal to the board of public health or the board of health and public assistance of any county health district in such county, and every such order shall operate as an effective conveyance of such property according to the terms of such order, but such order shall not require to be stamped as a conveyance or transfer of property. Borrowing powers of county councils. 11.—(1) The borrowing powers of a county council as rural sanitary authority for a county health district under the Public Health (Ireland) Acts, 1878 to 1919, shall be exercised directly by such county council, and shall not be delegated by virtue of this Act or otherwise to a board of health. (2) Moneys borrowed before the appointed day by the council of a rural district and the liability for which is transferred by this Act to a county council, and moneys borrowed after the appointed day by such county council as sanitary authority for a county health district, shall not be reckoned as part of the total debt of such county council for the purpose of the limitation on borrowing imposed by sub-article (2) of Article 22 of the Schedule to the Local Government (Application of Enactments) Order, 1898. Incorporation of boards of health and regulation of their proceedings. 12.—(1) Every board of health shall be a body corporate and shall have perpetual succession and a common seal, with power to acquire and hold land for the purpose of their powers and duties. (2) The constitution, proceedings, and accounts of boards of health, and the tenure of office of the members thereof, shall be regulated by the Rules contained in the Second Schedule to this Act. (3) The provisions of this section shall apply to every board of health and public assistance in the performance of their duties under a county scheme in the same manner as they apply to such board in the performance of their duties under this Act notwithstanding anything to the contrary in such county scheme. Appointment of committees of boards of health. 13.—(1) A board of health may from time to time appoint such and so many committees as they think fit for purposes connected with the exercise or performance of any of the powers, duties and functions transferred to the board by or under this Act which in the opinion of the board would be better or more conveniently regulated or managed by or through a committee. (2) A committee appointed under this section may be either a general committee empowered to exercise or perform powers, duties, and functions in relation to the whole of the county health district or a local committee empowered to exercise or perform powers, duties, and functions in relation to a limited portion only of the county health district. (3) Every committee appointed under this section shall consist of not less than three members, and may be composed either wholly of members of the board of health or partly of such members and partly of other persons. (4) The acts of every committee appointed under this section shall be subject to confirmation by the board of health, save that the board may with the sanction of the Minister empower any particular committee to do any act (including the institution of legal proceedings) within the authority conferred on the committee by the board which the board itself could lawfully do. (5) The quorum, procedure, and place of meeting of any committee appointed under this section, and the area (if any) within which any such committee is to exercise its functions, shall be such as may be appointed by regulations to be made by the board of health with the approval of the Minister. (6) Save as is authorised by this section, it shall not be lawful for a board of health to delegate any of its powers or duties to a committee. (7) The provisions of this section shall apply to every board of health and public assistance in the performance of their duties under a county scheme in the same manner as they apply to such board in the performance of their duties under this Act notwithstanding anything to the contrary in such county scheme. Finance of boards of health. 14.—(1) A board of health shall be subject to such conditions or restrictions in relation to expenditure as the county council may impose with the consent of the Minister. (2) The money required to meet the expenses of a board of health in the exercise and performance of their powers and duties under this Act shall be supplied by the county council to the board of health on an annual estimate and demand by the board of health, and shall be estimated, demanded, and paid in the same manner as the expenses of a rural district council have been heretofore estimated, demanded, and paid, or in such other manner as may be prescribed. (3) The expenses of a board of health incurred in the performance of the duties of the county council as sanitary authority for a county health district shall be raised by the county council in such county health district by means of the poor rate. (4) Section 232 of the Public Health (Ireland) Act, 1878 , shall be amended by the substitution for the areas situated in a rural sanitary district therein defined as contributory places for the purposes of the said Act, of the following areas:— (a) the townland, (b) the dispensary district, (c) the area of any rural district as constituted immediately before the appointed day, (d) such portions of any of the above-mentioned areas as may be determined by the Minister. Committees of county councils to be abolished. 15.—On and after the appointed day, the committees appointed by county councils and mentioned in the Third Schedule to this Act shall cease to exist, and the powers, duties, property, and liabilities of every such committee shall be transferred to the council of the county by which such committee was appointed, and such powers and duties in so far as they relate to any county health district shall be exercised and performed by and through the board of health for such county health district, and in so far as they relate to any urban district shall be exercised and performed by and through the board of health for the county health district adjoining such urban district, or where there are more than one such county health districts, by the board of health of such of those county health districts as the Minister shall direct. Application of adoptive Acts in portions of county health districts. 16.—Where immediately before the appointed day the provisions of any statute or portion of a statute are in force in a rural district or part of a rural district by virtue of an order or resolution of the council of that rural district adopting such provisions, such provisions shall after the appointed day continue to be in force in the same area but subject and without prejudice to any recision, alteration or extension of the adoption of those provisions duly made by a competent authority after the appointed day, and the expenses of the administration of such statute or portion of a statute in such area shall be charged on such area. Adoptive acts to apply throughout Saorstát Eireann. 17.—Notwithstanding any provision in any of the enactments mentioned in the Fourth Schedule to this Act whereby such enactment or any portion thereof only extends to the districts or places to or in which such enactment or portion thereof has been applied or adopted by order or resolution of any authority, the provisions of each of the said enactments shall, from and after the passing of this Act, extend to and be in full force and effect in every part of Saorstát Eireann. Duties of the Minister in relation to health. 18.—It shall be the duty of the Minister in the exercise and performance of his powers and duties, to take all such steps as may be desirable to secure the preparation, effective carrying out, and co-ordination of measures conducive to the health of the people, including measures for— (a) the prevention and cure of diseases, including the avoidance of fraud in connection with alleged remedies therefor; (b) the treatment of physical and mental defects, including the treatment and care of the blind; (c) the initiation and direction of research, and the collection, preparation, publication, and dissemination of information and statistics relating thereto; (d) the training of persons for health services: Provided that this section shall not be deemed to confer on the Minister any power in addition to the power otherwise conferred on him by law. Consultative councils. 19.—(1) It shall be lawful for the Minister by order to establish consultative councils for giving, in the manner prescribed by the order, advice and assistance to the Minister in connection with such matters affecting or incidental to the health of the people as may be specified in the order. (2) Payments may be made by the Minister, out of moneys to be voted by the Oireachtas, to members of consultative councils and committees thereof, to such extent as may be sanctioned by the Minister for Finance, in respect of the following matters, that is to say:— (a) repayment of travelling expenses, (b) payment of subsistence allowance, (c) reasonable compensation for loss of remunerative time. (3) Every consultative council established under this section shall consist of persons having practical experience or special knowledge of the matters in respect of which they are to give advice or assistance. Tents and vans used for human habitation. 20.—(1) A tent, van, shed or similar structure used for human habitation, or a barge, lighter, boat or other vessel on any river, canal or other inland water (in this section referred to as “a barge”) used for human habitation, which is in such a state as to be a nuisance or injurious to health, or which is so over-crowded as to be injurious to the health of the inmates (whether they are or are not members of the same family), shall be deemed to be a nuisance within the meaning of section 107 of the Public Health (Ireland) Act, 1878 , and the provisions of that Act shall apply accordingly. (2) A sanitary authority may make bye-laws for promoting cleanliness in, and the habitable condition of, tents, vans, sheds, and similar structures used for human habitation, or of barges used for human habitation, and for preventing the spread of infectious disease by the persons inhabiting the same, and generally for the prevention of nuisances in connection with the same. (3) Where any person duly authorised by a sanitary authority has reasonable cause to suppose either that there is in any tent van, shed, or similar structure used for human habitation, or in any barge used for human habitation any contravention of the provisions of this section or any bye-law made under this section or that there is in any such tent, van, shed, structure or barge, any person suffering from a dangerous infectious disorder, he may, on producing (if demanded) either a copy of his authorisation purporting to be certified by the clerk or a member of the sanitary authority or some other sufficient evidence of his being authorised as aforesaid, enter by day such tent, van, shed, structure or barge, and examine the same and every part thereof in order to ascertain whether in such tent, van, shed, structure or barge, there is any contravention of any such bye-law or a person suffering from a dangerous infectious disorder. (4) For the purpose of this section “day” means the period between six o'clock in the morning and the succeeding nine o'clock in the evening. (5) If such person is obstructed in the performance of his duty under this section, the person so obstructing shall be guilty of an offence under this section and shall be liable, on summary conviction, to a fine not exceeding forty shillings. (6) Nothing in this section shall apply to any tent, van, shed, structure or barge erected or used by any portion of the Defence or Police Forces of Saorstát Eireann. County medical officers of health. 21.—(1) The council of every county shall appoint, with the approval of the Minister, for every county health district in such county, a medical practitioner duly qualified as such and with such other qualifications as may be prescribed to be the superintendent medical officer of health of such county health district and of every urban district in such county situate in or adjoining such county health district, and such officer shall be known as the County Medical Officer of Health with the addition of the distinguishing name of such county health district. (2) Where an urban district adjoins more than one county health district in the same county the Minister shall direct, after consultation with the councils of such urban district and county respectively, which of such county health districts is to have the same county medical officer of health as such urban district. (3) The salary of a county medical officer of health shall be paid by the county council and shall be charged on the area for which he acts. (4) Nothing in this Act shall prejudicially affect the right of any local authority to whom additional duties have been transferred under this Act from obtaining such recoupment from the Local Taxation Account or other source for salaries and other expenditure as was hitherto payable in connection with such duties. (5) A county medical officer of health shall be a sanitary officer within the meaning of section 11 of the Public Health (Ireland) Act, 1878 . (6) Every county medical officer of health in and in respect of the area for which he acts, shall— (a) be responsible to the board of health and to the council of every urban district in such area for the effective administration of the sanitary laws and of the various powers and duties of such board and of every such council in relation to the safeguarding of the health of the people, the provision of adequate and sanitary housing accommodation and other similar matters; (b) advise such board or council, or the county council on any matter where expert advice is required on matters affecting the health of his county or district; (c) perform such other duties as may be prescribed and also such other duties as may be assigned to him by such board or council with the consent of the Minister. (7) A county medical officer of health shall not engage in private practice and shall devote the whole of his time to the service of one or more local authorities. (8) As from the appointed day the office of medical superintendent officer of health of a rural sanitary district or urban district and the office of medical officer of a county council under the Midwives (Ireland) Act, 1918, shall be abolished and the powers and duties of every such officer transferred to the county medical officer of health. One sanitary officer to be a veterinary surgeon. 22.—At least one of the sanitary officers appointed by any sanitary authority under the provisions of section 11 of the Public Health (Ireland) Act, 1878 , shall be a duly qualified veterinary surgeon and the duties assigned to such officer shall include inspection and examination of meat, inspection of cattle in dairies and other similar duties. Amendment of the Public Health (Regulations as to Food) Act, 1907. 23.—Sub-section (1) of section 1 of the Public Health (Regulations as to Food) Act, 1907, shall have effect as though at the end thereof the following paragraph were added:— (d) provide for the manner in which any tin or other receptacle containing dried, condensed, evaporated, skimmed, or separated milk is to be labelled or marked and prescribe the minimum percentages of milk fat and milk solids in dried or condensed milks. PART III. ROADS. Maintenance and construction of roads. 24.—(1) On and after the 1st day of April, 1925— (a) the maintenance and construction of all county and main roads in a county shall be the duty of the council of such county; (b) the maintenance and construction of all urban roads in an urban district shall be the duty of the council of such urban district. (2) The council of a county or county borough and the council of an adjoining county or county borough may, with the consent of the Minister, agree that the last-mentioned council shall construct or maintain any portion of any road which it is the duty under this Act of the first-mentioned council to construct or maintain, and where such agreement is so made it shall be the duty of the last-mentioned council during the continuance of the agreement to construct or maintain (as the case may be) such portion of such road in accordance with such agreement, and the cost of such construction or maintenance (as the case may be) shall be paid by the first-mentioned council to the last-mentioned council in accordance with regulations to be made by the Minister. (3) On the application of the council of an urban district or of the council of the county in which such urban district is situate, the Minister may by order direct— (a) that the council of such county is to construct or maintain all or any of the urban roads in such urban district, or (b) that the council of such urban district is to construct or maintain all or any of the main roads in such urban district, and, while such order remains in force, it shall, notwithstanding the provisions of sub-section (1) of this section, be the duty of the council of such county or urban district (as the case may be) in accordance with the provisions of such order, to construct or maintain such urban or main roads respectively, but such order shall not affect the area of charge for the expenses of such construction or maintenance, and so much of such expenses as is chargeable on such urban district or on the county, exclusive of such urban district (as the case may be) shall be paid to the council of such county by the council of such urban district or to the council of such urban district by the council of such county respectively in accordance with regulations to be made by the Minister. (4) The provisions of this section shall not apply to any road or portion of a road which under the provisions of any enactment it is the duty of any person other than a local authority to construct or maintain. Certain roads may be declared to be public roads. 25.—(1) If at any time after the appointed day the council of any county or urban district by resolution passed after such notice as is hereinafter mentioned declares any road which is not a public road, but over which a public right of way for foot passengers, animals and vehicles exists and which connects two public roads and is not less than eleven feet wide in the clear, to be a public road, such road shall for all purposes be a public road. (2) Not less than one month before passing any such resolution as is mentioned in the foregoing sub-section, the council shall publish in at least two newspapers circulating in their county or district notice of their intention to consider the passing of such resolution. Abandonment of roads. 26.—On and after the 1st day of April, 1925— (a) the Minister may, on the application of the council in whom the duty of maintaining any road other than a main road is vested under the provisions of this Act, by order to be published in such manner as he shall direct, declare that such road is to be abandoned, and from and after the date of such order no expenditure shall be incurred by such council in respect of the maintenance of such road, but such order shall not affect the right of way of the public over the surface of such road; (b) when a council proposes to apply to the Minister for an order under this section, the council shall before making such application, give public notice of their intention so to do by advertisement at least once in each of two successive weeks in one or more of the newspapers circulating in their functional area, the latest of such advertisements being published at least one month before the application is made; (c) before making an order under this section in respect of any road the Minister shall, at least one month after the publication of the advertisements required by this section, hold a local inquiry into the expediency of abandoning such road, and the provisions of Article 32 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply to every such local inquiry. Expenses of maintenance, etc., of roads. 27.—(1) On and after the 1st day of April, 1925— (a) the expenses of maintaining and constructing county and main roads and abandoning county roads shall be raised and defrayed out of the poor rate; (b) the expenses of maintaining or constructing any main road in a county shall be raised equally over the whole of such county; (c) the expenses of maintaining, constructing, or abandoning any county road in a county shall be raised equally over the whole of such county excluding any urban district; (d) the expenses of maintaining, constructing, or abandoning any urban road in an urban district shall be defrayed out of the fund or rate out of which the cost of paving and cleansing the streets in such district are or can be defrayed, but such expenses shall be excluded in ascertaining any limit imposed by law upon any such rate; (e) in every demand note for rates the portion of the sum demanded which is to be raised for the purpose of construction and maintenance of roads shall be shown as a separate item; (f) the provisions of this section shall take effect notwithstanding any provision to the contrary in any Local Act or in any Provisional Order confirmed by or having the force of an Act, in force at the date of the passing of this Act save that where under any such Act or Order any person other than a local authority is liable to make any payment to a local authority in respect of the construction or maintenance of any road such person shall still be liable to make such payment to the council charged under this Act with the maintenance of such road. (2) The provisions of this section shall not apply to any road or portion of a road which under the provisions of any enactment it is the duty of any person other than a local authority to construct or maintain. Power to revoke orders declaring main roads. 28.—An order of the Minister declaring any road to be a main road may be revoked by the Minister, and on and after the date when such revocation takes effect such road shall cease to be a main road. Closing roads temporarily. 29.—On the application of the council charged with the maintenance of any road, the Minister may by order made after giving such public notice as may be prescribed in that behalf by regulations made under this Act and after holding such (if any) local inquiry as he shall think necessary, authorise such council to close such road or any particular portion thereof to public traffic for such period and subject to such conditions as the Minister shall think proper and shall specify in the order. Provisions as to borrowing. 30.—(1) Money borrowed by the council of a county, county or other borough, or urban district, for the purpose of the repair of any damage (including total destruction) done to any road at any time prior to the 20th day of March, 1923, shall not be reckoned as part of the total debt of such council for the purpose of any limitation on borrowing imposed by any enactment relating to borrowing by such council. (2) The repayment of so much as is on the 1st day of April, 1925, outstanding of any loan borrowed before the passing of this Act by the council of any county, county or other borough or urban district for the purpose of the construction or maintenance of any road (other than a loan borrowed for the purposes of the Bridges (Ireland) Acts, 1813-1875) shall, from and after the passing of this Act, be charged on the area upon which the expense of such construction and maintenance would be charged under the provisions of this Act. Bridges (Ireland) Acts, 1813-1875. 31.—Nothing under this Act shall be deemed to repeal or amend or otherwise prejudice or affect the Bridges (Ireland) Acts, 1813-1875. Power to dig for road materials and make drains. 32.—(1) The council charged with the maintenance of any road, and also every contractor for any work to be executed in pursuance of a resolution of such council shall, subject to the provisions of this section, have power and authority— (a) to dig for, raise and carry away in or out of any land to which this section applies any gravel, stone, sand, or other material which may be required for the construction or maintenance of such road; (b) to dig for, raise and carry away out of any river or brook at a distance of at least a hundred and fifty feet above or below any bridge, dam, or weir, any gravel, stone, sand, or other material which may be required for the construction or maintenance of such road, where the same can be taken away without diverting or interrupting the course of the river or brook, or prejudicing or damaging any building, highway, ford, or spawning bed; (c) to make and repair drains in on to or through any land to which this section applies in order to carry off water which might injure such road; (d) to use any land to which this section applies for storing, crushing, breaking, screening, mixing, or otherwise preparing materials for the construction or maintenance of such road; (e) to enter, subject to the provisions of this section, on any land to which this section applies in order to do anything which they are empowered to do by this sub-section; (f) subject to the provisions of this section, and for the purpose of obtaining access to and from any land, river, or brook upon or in which any of the powers conferred on them by this sub-section are to be exercised, to enter on and pass through any land to which this section applies, lying between such land and a public road. (2) It shall not be lawful for any such council or contractor to enter on or pass over any land for the purpose of exercising their powers under this section, except with the consent of the occupier thereof or under the authority of an order of a Justice of the District Court, which order any Justice of the District Court is hereby authorised and required to grant on being satisfied that the exercise of the powers proposed is reasonable, having regard to the convenience and cost of any alternative method of obtaining the material, access, or facilities sought or of making or repairing the drain to be made or repaired, the character of the land, and all the circumstances of the case. (3) Any powers conferred by this section on the council of a county may be exercised directly by the county surveyor of such county, on behalf of such council. (4) The council or contractor by whom or on whose behalf are exercised any powers conferred by this section in respect of any land shall pay to the owner or occupier of such land compensation for the damage done by breaking the surface of or making a passage through or drain on to the land and for the loss of the use of such land during the exercise of such powers, and for the value of any gravel, stone, sand and other material taken under such powers, regard being had in determining such value to the demand for such materials for purposes other than the repair of roads, and due allowance being made for the cost of digging for, quarrying and raising such material and preparing the same for use. (5) The amount of the compensation to be paid under the foregoing sub-section shall in default of agreement be determined, on the application of the owner or occupier of the land, by a Justice of the District Court with a right of appeal by either party to the Circuit Court. (6) A Justice of the District Court when making any order (including the refusal of an application) under this section may at his discretion order the costs, to an amount not exceeding three guineas, incurred in relation to the proceedings by any party thereto to be paid by any other party thereto. (7) This section applies to all land except land bona fide used as a garden, orchard, pleasure or recreation ground, or for the amenity or convenience of a dwelling house. Buildings and structures obstructing view on roads. 33.—(1) Where the Minister, on the application of the council charged with the maintenance of any road, is satisfied that the erection of a proposed building or other structure would obstruct the view of persons using such road so as to render such road dangerous to such persons, he may by order prohibit the erection of any portion of such building or structure within thirty yards of such road. (2) Where the Minister, on the application of the council charged with the maintenance of any road, is satisfied that a building or other structure which or any portion of which is situate within thirty yards of a road obstructs the view of persons using such road so as to render such road dangerous to such persons, he may order the removal of any portion of such building or structure situate within thirty yards of such road and may by such order specify a time within which such removal is to be completed. (3) No order shall be made by the Minister under the next preceding sub-section in respect of any occupied dwellinghouse at the passing of this Act unless and until the Minister is satisfied that alternative accommodation, reasonably equivalent as regards rent and suitability in all respects is available for the occupants. (4) Where the Minister makes an order under this section for the removal of a building or other structure or any portion thereof, the council on whose application the order was made shall pay to every person having an interest in the land upon which such building or structure is situate, by way of compensation for such removal, the amount by which such interest is damaged by such removal, and in appropriate cases to the occupier the amount of any loss or expense occasioned by disturbance of the occupier by such removal, and such amounts shall, in default of agreement between such council and such person, be determined in accordance with the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919. (5) No compensation shall be payable under this section by a council in respect of a building or structure the erection of which was begun after the passing of this Act unless not less than one month's notice in writing of the intention to erect such building or structure was given to such council before such erection was begun, nor shall any such compensation be payable in respect of any portion of a building or other structure which was erected in contravention of an order made by the Minister under this section. (6) Where an order of the Minister under this section for the removal of a portion of a building or structure is duly complied with within the time specified in that behalf therein the council on whose application such order was made shall pay all costs and expenses reasonably incurred in so complying with such order. (7) If an order of the Minister under this section for the removal of a portion of a building or structure is not complied with within the time specified in that behalf therein the council on whose application such order was made may themselves comply with such order and may do all such acts and things (including entering on land) as may be necessary for that purpose and in such case such council shall be entitled to recover from the occupier of the building or structure in the District Court as a civil debt all expenses incurred by them in so complying with the order. (8) Before making an application to the Minister under this section in respect of an existing or proposed building or structure, a council shall give not less than one month's notice in writing of the application to the owner and to the occupier of the building or structure or of the site on which the building or structure is proposed to be erected, as the case may be, and such notice may in any case in which the owner or occupier cannot be found be served by posting a copy thereof in a conspicuous place on such building or structure or on such site, as the case may be. (9) Where the occupier of a building or structure or the site of a proposed building or structure holds the same under a lease or other contract of tenancy the immediate landlord of the occupier shall be deemed to be the owner of the building, structure, or site for the purpose of this section, and in any other case the occupier of the building, structure, or site shall be deemed to be the owner thereof for the purpose aforesaid. Hedges and trees prejudicial to roads. 34.—(1) A hedge or tree shall be deemed to be prejudicial to a road within the meaning of this section if and when the hedge or tree— (a) shades the road to such extent that the maintenance of the road is thereby made unduly difficult or expensive, or (b) causes an obstruction on the road, or (c) obstructs the view of persons using the road so that the road thereby becomes dangerous to persons using it. (2) When a hedge or tree is prejudicial to a road, the county surveyor or the urban district council (as the case may require) may by request in writing served on the owner and on the occupier of the land on which such hedge or tree is growing request such owner and such occupier within twenty-one days after the service of the notice to trim or cut such hedge or tree so that it will no longer be prejudicial to the road, or, where such course appears to be necessary, to cut down and remove such hedge or tree. (3) A request under the foregoing sub-section may be served on an occupier of land and, where any difficulty arises in ascertaining the name or address of an owner of land, on such owner by posting such request or a copy thereof in a conspicuous position on the land. (4) If an occupier of land on whom a notice is served under this section could not but for this section lawfully comply with the request without the consent of the owner of the land or of a superior landlord the following provisions shall apply, that is to say:— (a) the owner or any superior landlord of the land may within ten days after the service of the request on the owner apply to a Justice of the District Court for an order annulling such request, and such application, when notice thereof has been served on the occupier of the land and on the county surveyor or urban district council by whom the request was served, shall operate to suspend the request for one month or until the said application is disposed of by the Justice whichever shall be the shorter period; (b) on any such application as aforesaid the Justice of the District Court may, if he is satisfied that the request is unreasonable or that compliance with it is unnecessary or unduly prejudicial to the applicant, either annul altogether or amend in such way as he thinks proper the request; (c) where a Justice of a District Court on the hearing of such application as aforesaid either refuses the application or amends the request, the request in its original form or as so amended (as the case may require) shall be deemed to have been served on the date of the order of the Justice and shall have effect accordingly; (d) if neither the owner nor any superior landlord gives notice, within ten days after the service on the owner of the request under this section, of such application as aforesaid to a Justice of the District Court, the occupier may at the expiration of such ten days comply with the request without the consent of the owner or any superior landlord, and in such case no action shall lie by or on behalf of the owner or any superior landlord for or in respect of anything bona fide done by the occupier for the purpose of complying with the request; (e) the person whose consent is necessary to the cutting down of a tree required by a request to be cut down may by notice in writing served on the occupier at any time before the request is complied with claim such tree, and in such case the property in such tree when cut down in compliance with the request shall vest in the person by whom such notice was served and such tree when cut down may be removed by him. (5) Where a request under this section is not complied with within twenty-one days after the same has been served on the owner and on the occupier, the county surveyor or urban district council by whom the request was served may apply to a Justice of the District Court for an order that the request be complied with and on the hearing of such application the Justice— (a) if he is satisfied that the hedge or tree mentioned in the request is prejudicial to the road and that compliance with the request is reasonably necessary, shall order the occupier of the land on which the hedge or tree is growing to comply with the request within fourteen days; and (b) in any other case may either refuse the application or amend the request in such manner as he thinks proper and order the request as so amended to be complied with by the occupier within fourteen days. (6) Where an occupier of land fails to comply with an order of a Justice of the District Court under the foregoing sub-section within fourteen days from the date of the order, the county surveyor or urban district council on whose application the order was made may himself or themselves comply with the request or amended request to which the order relates and may do all such acts and things (including entering on land) as may be necessary for that purpose, and in such case the said county surveyor or urban district council shall be entitled to recover from the occupier in the District Court as a civil debt all expenses which the District Justice shall consider reasonable. (7) Where a Justice of the District Court makes an order under this section requiring an occupier to comply with a request or amended request which requires a hedge to be cut down and removed and the Justice is of opinion that the removal of the hedge will be unduly prejudicial to the owner or occupier of the land unless a suitable fence is erected on the site of the hedge, the Justice may fix a sum as a reasonable contribution to be made by the county council or urban district council towards the cost of the erection of such suitable fence and may order such sum to be paid by the county council or urban district council to the occupier (or, if the Justice so thinks fit, to the owner), and the payment thereof to be treated as part of the expenses of maintaining the road. (8) Nothing in this section shall authorise a county surveyor or urban district council to trim or cut any hedge or tree at any time between the last day of March and the last day of September nor authorise any person to be requested or ordered to trim or cut a hedge or tree between those days. (9) Where the time limited by a request or order under this section for trimming or cutting a hedge or tree expires between the last day of March and the last day of September such time shall be deemed to be extended to the following seventh day of October. (10) Where an occupier of land holds that land under a lease or other contract of tenancy, the immediate landlord of the occupier shall be deemed to be the owner of that land for the purpose of this section, and in any other case the occupier of the land shall be deemed to be the owner thereof for the purpose aforesaid. (11) A Justice of the District Court when making any order (including the refusal of an application) under this section may at his discretion order the costs, to an amount not exceeding three guineas, incurred in relation to the proceedings by any party thereto to be paid by any other party thereto. (12) So much of the Summary Jurisdiction (Ireland) Act, 1851, as relates to the case of a public road being prejudiced by the shade of any hedge or tree, or to any obstruction being caused in any public road by any hedge or tree shall cease to have effect. Petrol pumps on roads. 35.—(1) In this section the expression “petrol pump” means and includes any pump, pipe, or other appliance for supplying motor spirit for motive power to motor cars and road locomotives. (2) The council in whom the duty of maintaining any road is vested under this Act may grant to any person a licence to erect, construct, place, and maintain a petrol pump on, in, or under such road. (3) A person applying for a licence under this section sha …