The Providence news. (Providence [R.I.]) 1891-1906, 1893-07-20

CHAPTER I'm.
Am sa<<~


AN ACT Regulating the Carrying ON OF Ohcn-
sve Trades In the City Of Providence.
IT is enacted by the General Assembly - fol-
lows:
SECTION 1. When any building or premises
In any city In this state are occupied or used
for carrying on the business of slaughtering
sattle. sheep or other animals, or for . melting
or rendering establishment, or for other nox-
fous or offensive trades. occupations or en-
ployments, the board OF aldermen, sitting rs
board of health, after appointing time and
place for q hearing and after giving notice
thereof 10 oil persons interested by public ad-
vertiscment or otherwise, and after such no
tico and hearing. IL in Its judgment the public
health or the public comfort and convenience
so require, may prohibit by its order or decree
tke exercise of such trade, occupation or en-
pfoymcnt IN such building and on such prcm-
ises, indefinitely, or for such time rs IL shall
hnd that the public health or tho public COM
fort and convenience shall require.
SIC. 2. copy Of the order or decree OF pro-
hibition under the preceding section shall be
served by the city sergeant upon the occupant
or person having charge of such building and
premises where such trade, employment or
occupation is exercised. II the party upon
whom such order is served for twenty-four
hours after such service refuses or neglects to
obey the same, tho board Of aldermen may take
oil necessary measures TO prevent such exer-
cise, and any person thereafter continuing so
to occupy or use such building and premises
shall forfeit the sum Of two hundred dollars
for every month Of such occupancy and use,
and in like proportion for q longer or shorter
time, TO be recovered by the city treasurer by
an action of the case.
Sec. 3. Any person aggrieved by the order
or decree of tho board of aldermen under sec
tion may, within three days from the service
aforesaid, thereof upon him, appeal 20 tho court
OF common pleas within and for the county
whore such city is situated, II such appeal be
taken before August p, 1893, and thereafter to
tho common pleas division Of the supreme
court within and for such county, BY filing his
reasons Of appeal together with an attested
copy Of the whole proceedings appealed from
in the clerks ONCE of said court, and said court
ifin session SHALL or IL not in session. any justice
OF the supreme court, upon application made
TO him shall forthwith hear said appeal.
and either party TO the proceedings may have
trial by jury of all questions Of fact by fling
with the clerk of said court demand for the
Same at least two days before the day assigned
for hearing. In case of such demand, II said
court Of common pleas or said common pleas
division Of the supreme court shall not DO In
session for the purpose Of jury trials the clerk
shall Immediately issue q writ of venire ia
cias directed to the sheriff of the county or his
deputy, requiring him to summon twelve ju-
rors. being good and lawful men Of the county,
to try such issue; and II thcre shall not be
. sufficient number of jurors attending. in pur-
suance of such writ from which a jury may be
inpanelled, such court or justice shall direct
tho issuing of other writs Of vonire facias to
complete Jury. II any person aggrieved shall
by reason Of accident or mistake fail to appeal
from any such order or decree, and shall make
It appear to such court or justice that such
failure was caused by accident or mistake, he
may at any time within thirty days from the
service Of the order aforesaid upon him. ap-
peal from such order or decree and prosecute
the same as aforesaid with the same effect -
II done within the said three days.
SEC. 4. During the tendency Of the appeal
such trade. occupation or employment shall
not be exercised contrary to such order or de-
cree; and upon any violation Of such order or
decree, the appeal shall forthwith b dis
missed.
SEC. 5. Such court or justice upon the trial
Of any appeal shall give judgment agreeable
TO the law and In accordance with the fact ~
found that such order or decree be affirmed or
annullcd, or such court or Justice may alter or
modify the order or decree, or upon jury
trial the Jury may alter or modify the order or
decree, and thcreupon the verdict and judg-
msnt shall have the authority and effect Of IN
original order from which no appeal had been
taken. II the order or decree II afirmed, al
tered, or modified, the city shall recover tho
costs against the appellant; and II &c n an.
nulled, the question Of damages TO the appel.
liant by reason of obeyfng such order or decree
of the board Of aldermen shall be submitted
TO tho same court, justice or jury. and the ap-
pellant shall recover the damages assessed, II
any, together with his costs against the city.
SEC. Q. This act shall take effect from ana
after its passage.
Icertify the foregoing 10 b true copisa
Attest:
GEORGE H. UrTzR, Secretary ef etatA
Icertify the foregoing 10 30 true copies.
Attest:
GEORGE II. UrTER. Secretary ef etAtA