Section 98

Where any nuisance liable to be dealt with under this Part appears to be wholly or partly caused by the acts or defaults of two or more persons, a local authority may institute proceedings against any one of such persons* or may include all or any two or more of them in one proceedings, and any one or more of such persons may be

* See Corrigenda at page LXXiv of 1960 Annual Volume.

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ordered to abate the nuisance, so far as it appears to be caused by his or her or their acts or defaults, or may be prohibited from continuing any acts or defaults which contribute to the nuisance or may be fined or otherwise dealt with notwithstanding that the acts or defaults of any one of such persons would not separately have caused a nuisance; and the costs of and incidental to the proceedings and the abatement of the nuisance may be distributed as may appear to the Court fair and reasonable.

Proceedings under the preceding subsection against several persons included in one complaint shall not abate by reason of the death of any of the persons so included, but all such proceedings may be carried on as if such deceased person had not been originally so included.

Where some only of the persons by whose act or default any nuisance has been caused or partly caused have been proceeded against under this Part, they shall, without prejudice to any other remedy, be entitled to recover from any other persons who are not so proceeded against and by whose act or default the nuisance was caused or partly caused a proportionate part of the costs of and incidental to the proceedings and the abatement of the nuisance, and of any fine ordered to be paid in the proceedings.

Demolition of premises.