The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1885-03-26

or shall be Imprisoned not less than thirty days
SEC 3. This sct shall take effect and be in
force from and after it's passage.
Approved March 2. 1885,
AN ACT to regulate Offensive trades and employ
Be It enacted BY the Legislature Of the State
sEoT1oN i. The board Of health Of each town,
village or city In this State shall from time to
the exercised any trade or employment which
Is nuisance OF hurtful to the inhabitants, or
dangerous to tho public health, or the exercise
odors, or is otherwise Injurious to the estates Of
such inhabitants; and may prohibit the exercise
of such trade or employment in places not so
%thn y
lar locality thereof. All such assignments shall
DO entered in the records Of the town, and may
not Ss
or corporation to exercise wit any town, viii
!age or city. any trade or employment mentioned
obtained from the board Of health OF such town,
village or city permission 30 to do, and the as
sieument provided in said section; and any per:
this section shall forfeit and pay the sum Of
fifty dollars for each and every day that any
such trade or employment is exercised or car
ried to be recovered in any court having juris
diction thereof and sitting within the county
wherein such trade or employmenS Is exercised
or carried on. Such action shall be commenced
and prosecuted by such board in its name and
for it's benefit.
SEC. 3. When any assignment mentioned in
section one hereof shall be revoked, said board
shall serve upon the occupant, corporation or
person having charge OF the premises where
such trade or employment is exercised q written
notice Of such revocation II the person or cor
pOratiOn upon whom such order is served, for
twenty-four hours after such service refuses or
neglects to obey the same, said board shall take
all necessary measures, by injunction or other
wise, to prevent such exercise; and the person
forfeit and pay the sum Of one hundred dollars
for each and every day that such trade or en-
ployment shall be exercised after the service Of
by the party and for tho bedefit as provided in
section two hereof.
Sec. l. Any person or corporation agg1eved
by any order of such board may appeal there
from to the district court Of the county in which
such trade or employment is exercised. Such
appeal shall be taken by the filing Of such az
grieved person or corporation, within five days
after the service Of such order, in the office Of
the clerk of the court, of notice OF such appeal
together with a bond in the sum of not less than
five hundred dollars, with two or more sureties
ditioned for the prosecution OF such appeal to
judgment and for the payment OF all costs and
expenses that may be awarded against such ap-
pellant. and by the service OF a copy OF such
notice and bond upon such board. II such
appeal be taken within twenty days next before
the time appointed for holding general term Of
"
heard at such time as other civil causes, and, at
the request of either party, shall he tried by
jury. It such appeal is taken more than twenty
order, appoint time and place for The hearing
of such appeal, and shall, ii the appellant de-
mand a trial by jury, direct the sheriff Of such
ing the qualifications Of jurors to appear at the
time and place named in said order to serve as
jurors in said cause Any person 50 summoned
may be challenged, as in civil actions. If a SUI
~ n
not appear, the court shall require talesmen to
be called as In other cases, and said appeal shall
be tried as other civil causes. During the
tendency Of such appeal such trade or employ
ment shall not be exercised contrary to the
order Of said board; and upon the violation Of
any such order the appeal shall forthwit h be
dismissed. Upon the return OF the verdict Of
the jury the court may either alter or amend the
order OF the board, affirm or amend it in full
to conform to such verdict. II the matter be
tried by the court it shall have and exercise the
SEC. S. Any person injured. either in his COM
Tort or the enjoyment OF his estate, by the exer-
and maintain an action for the damages sus-
tanned thereby.
SEC. 6. When it appears, on q trial before the
complaint made by any person, that any place
or building assigned, as provided in section one
OF TINS act, has become a nuisance by reason Of
offensive smells or exhalations proceeding from
the same, or is otherwise hurtful or dangerous
to the neighborhood or to travellers, said court
may revoke euch assignment and prohibit the
further use OF such place or building for the ex-
erc1se OF either Of the aforesaid trades or en-
Payments, and NAV cause such nuisance to be
removed or prevented.
Sec. When any building or premises within
any city, village or town are occupied or used
for the exercise Of any trade employment
aforesaid the state board of health shall, upon
application made to it for that purpose, appoint
time anu place for hearing the parties and
give notice, of not less than ten days, thereof
the complainant and the party against whom
such application Is made. and after such hear
ing may, ii In Its Judgment the public health or
the public comfort and convenience 80 require,
order any person to desist and cease from fur
ther carrying on such trade or occupation in
corporation thereafter continuing to occupy
such building or premises shall forfeit and nay
the sum OF one hundred dollars for every day Of
court having jurisdiction thereof by action COM
menced and prosecuted in the name of the
board Of such city. village or town and for its
grieved by any such order may appeal there
from. and said appeal shall he taken. prosecuted
and determined in the same manner provided in
section four Of this act. During the tendency Of
such appeal such trade or employment shall not
be exercised contrary to the orders Of said state
board, and upon the violation Of any such order
the appeal shall forthwith be dismissed.
SEC. 8. The district court or the judge thereof
may issue an Injunction or other proper writ to
enforce the orders of said state board, issued
undtr the provisions Of this act.
SEC. 9. Nothing in this act contained shall
DC 80 construed as to impair any other remedies
which may exist in cases Of nuisance.
SEC. 10. This act shall take effect and be in
force from and after its passage.
Approved March 2. 1885.
AN ACT act for the taking of the census and
for the enumeration OF the inhabitants of this
Be IL enacted By the Legislature Of the State Of Mn
SECTION l. The assessors of the several towns
tho tim off, hn WV
auditors of their respective counties, are hereby
authorized and required to take an enumeration
OF the inhabitants in their respective towns,
emitting in such enumeration, Indians not en-
titled to the right OF suffrage under the constitu-
tion and laws of the State, and in case there
shall be no town or shall be no assessor in any
district composing the whole or a part OF any
county, then, and In every such case, the county
auditor of the county to which any such dis
trict may be attached for judicial purposes
shall appoint one or more assistants with power
to perform the service required of town assess
ors by this act; and within the limits of any in
corporated city or village, the said service shall
be performed by the assessor OF the corporation.
SEC. 2. The secretary of state shall prepare
appropriate forms, distinguishing therein per-
sons OF each sex and their respective ages, deaf
and dumb, blind, insane, persons OF color ma
tlv1tv OF persons, persons Of foreign parentage,
number OF families, numbers Of churches, value
OF church property and property held by churcl,
sufficient number Of copies thereof to be
printed and transmitted to the several county
auditors on or before the 18th day of April next;
and Immediately thereafter each of said auditors
shall forward the requisite number of such
forms to the town assessors and assistants ap-
pointed by him within his county to enable
them to take said census In q uniform manner.
SEC g. The town assessors and assis tants
shall severally take and subscribe an oath be-
fore some person authorized to administer
oaths previous to entering upon the discharge
Of the duties. imposed by this act. that
they will we'll and truly cause to be
made just. and perfect enumeration Of all
persons within their city, town or division
as the case may be. and make a true return
thereof in pursuance OF the provisions OF this
which oath shall be returned. with the census
taken by each person respectively, to the count
aNditOr Of the cOnntu bofo ho 6r,f Il