The New York herald., 1867-02-01

ecu,on of any Judgment Aforesaid, excsps % the e1
tent n rsfsrsnos 70 she penons ssd Q. the conditions
applied 70. or, II not some other judge Of the same
COURT SHALL on the settling OF the Decree Or on motion
with due reference % .hs public Interests Involved
specially order; and such orders shall b. made,
the Judgment may be executed Notwithstanding any ap-
peal Undertaking or security, and without any LIABILITY
IN siss~Ssrs provided Z respect ef ssid Board ~
thS exscusion Of such Judgment whether The same Be
reversed not All appeals BY tina defendant from any
y s. srouh S Ss s s
ten days after the entry Of the judgment therea, and
u: Judge who tres the case may in his discretion and
days. order stay - 70 the execution Of the Judgments
and within said period OF ten days undertaking
ment Is herein providedl, must bs nied, the
same b. otherwise OF the form and Obligation As
which shall also BE- conditioned FOR the payment cr The
appellants adudged share Of the expenses OF executing
such Judgment .s ss cSur. may have We estimated and
days Sosce 70 said Board shall estimate the same in
conformity with the Judgment for the purpose Of sucn
otherwise the execution Of any Judgment against the
defendants shall be delayed beyond said days. n
within that period tue proper undertaking security
appeal approved by the Judge has not been fed,
and The appeal Ps,isessd ss herein p.os'dsa and he
70 b paid ~ any party towards executing said
But said Board may appeal in any suoh casa, within ten
ing any security; such appeal shall b. cnectua and
shall operate Is > stay ON the Judgment, upon ths
In any such abatement suit said Board may join
cause OF action for any penalty or penalties that
may have been incurred ny either Of the defendsnts
planned Of by reason Of any omission or refusal OF
any defendant 70 obey or comply with amy order Of the
Board or Health touching such alleged nuisance, and
have the proper provision in any judgment therefor
against ore Of the defendants, ~ the Judgment
may properly provide No motion for new trial shall
be enterisned in any such abatement suit except a
part OF and arising upon the papers upon regular
appeal TO general term or the court and 70 be heard
The Judgment Of the general term IL il shah to any
extent direct change in the Judgment appealed from
but shall direct allow fail 10 forbid the Judgment
in part TO be execued shall also contain the requisite
specific provisions that the judgment as modified,
pensss Of such may he assessed the de-
PENDANTS respectively or on said board, AS tbe general
general term 70 the Court or Appeals, in such
abatement suit, the provisions hereof as to ap-
peals from the Judgment 10 the general term;
and as to security on appeal, SHALL in all
particulars, including the length Of time given in
which TO take an appeal, apply; ana no change
in the code OF procedure, Otherwise hereafter be
made though subject matter applicable 70 said abae
men suits, shall be construed to modify the aforesaid
other provisions OF the health laws TO any
hereunder Unless suoh act shall specifically declare
such notifications 10 be intended
9. Upon the execution OF partial execution Of any snch
Judgment liz said board shall, ii il hereby authorized
TO do, decide the public interest 70 demsud only partial
execution ,hercofl q statement or the expenses Of
penses shall he therein apporiioncd not contrary
10 any PROVISIONS OF said Judgment and upOn the
due authority took part in or had oversight OK the ex
eculIon partial execution Of such judgment or by
ofcer OF said board such statement entitled in
the be ed given to the proper clark TO be
Med, With such judgment; and notice OF such fling or
delivery and copy Of such ststement shall be given 70
the attorneys Of lhe defendant In the suit to the de-
Pendants themselves er 70 some one Of the jim.
deFcndsnts; and ur'ess within ten daye after
the person who, assignee by order, exeepted Mch
Judgment OF y entitled 70 payment ., ssch sFpens. tn
snd theSewth copies OF aavits 70 correct such
statement in particulars to be mentioned aud sesra'sy
and Clearly siRted in SUCH acav such statement ssss
and a ali times deemed and iaen Be Gaal conclu
ment shalt In any wise vitiate the same. And any
hearing OF such notion any party IN interest," or sa'd
/ board. msy read afhdays in SUPPORT Of such
original sisiepnt and the hnding Of any Judge the
hearing or such motion to the said statement OF such
mS iS and copcasvs and
not subject to appeal and such nnding or statement as
~ ro hsvs us 81
had motion in regard thereto been made and for the
purpose Of execution for snch expense and creating
lien under any Judgment such statements and finding
modified statement shall be regarded as part Of said
judgment, and the lien thereof shall extend to any
amounts stated in such hra statement and dnding.
10 For the proportion aud amounts authorized
| by such Judgment and contained IN such finding
| or 10 such statement modified statement, when
| either OF the same shall have become final afore-
/ said, said board any assignee OF such board or
any other person who Las executed said has
otherwise right TO receive the expense OF dong Tor
the portion thereof that may be due from any defend
anti, shall have execution on such execution being
allowed exparie by Judge Of the court in which any
Judgment recovered (and such execution shall ia
due form be allowed by such judge) such execution
10 he AGAINST any defendants or joint de
rcndants the recovery Of any due from such
| Defendant defendants, which the party claim
such execution, except herein especially provided,
shall be Of The effect and form as any execution
dniy 'ssa.d pursuant 70 any udgmeni ana sha nor &c
DELAYED defeated bv formal defect But NO exc
cU,oD shall De issued against any defendant Tor eSs
| than the whole sum due OF claimed from such defen-
,ant nsi he shall be .be 10 pay N such SUIT, hut
any al1asd against defendants or defendant,
any such abatement suit for penalties co;so or ohe'
Than the expense of the aba,enent rcmedypg
Of nuisance may he collected bv separate or other
executions ttnaD those authorized Cor collecting such
| pense, 10 ne issued in due course Of Law.
/ ~ In any abatement -n Aforesaid, the court or
Judge thereof shall issue and enforce an aproprae pre-
hm,ra-v ,rinnctnp Whenever N shall e AZ I'd for pnr
suant order " ga,d board vi health and there shall
appear such judge 70 lie reasonable cause therefor
and such injunction may also be granted whenever II
that -rch injunction needed 80 Illegal sei.
coranc business aforesaid or its continuance or 10
prevent ref,ols danger 10 human HE nr serious ,etr
health treat public ineo0, 0,enispea touching
| any matter or thipg 70 which this act or The
health lass aforesaid relate. And IN any such
/ injunction oiri.r the cous, may reanire any building.
a,ovnds 20 be pat IN condition Thai viii 10,
10 dangerous ~ the lie or detrimental 70 tho heath Of
osappan bs'ors the s,,a bc es4-d of rented
occupied, before any rent 90 shall be
calc1tet for s Of the Whole ~ any portion
OF the same IN any such nj snc,ion order aud also
Judgment IN any aba; enen SUI, the lndee or court
may require the fenanis iesse.s and occupants Tor either
or any q. Ihsml Of any sach bgiciDp. erection or
grounds pay the rent thereof Tor compensation there
fcrl due frow due 10 sad heard, and ssid board
10 collect and receive the and TO apply sad rent 70
the expenses Of putting any sad building erection or
Ground s condition thai will not be dangerous 10 tie
lite detrimental 10 the health o. any present or future
tenant lessee occnpan Of any other persons; all
such collec.ons payments 10 be IN such manner, 10
such extent snd on such conditions a. sny snoh ooer or
Judgment may provide; AMI every such paymcntio said
aud the receipt Of its treasurer Tor such rent OF
compensation shall be efec;uaI toprofect person
who has made he same, and every sach tcnant ess
| and occupant and al his and their rights under any
| lease or occupation. as " snch payment had
| been n!a,ie 10, and such receipt had been given
by any owner, any proper claimant ~ any
such rent or compensation, who had bat for such order
or Judgment the right and authority 20 receive the same
Bu, no undertaking security shall be required or
| necessary Oh the part OF said Rogrd condition Of
granting sich injunction the same being enectua;
and IN any final judgment such SUIT there may be fen
orad whatever II about 10 happen threatened would
bo tho praner shirc matter a preliminary Injunction