Pawtucket tribune. (Pawtucket, R.I.) 1890-189?, 1893-07-22
PUBLIC LAWS OF RHODE ISLAND.
PAssed at the January Session. lsoA
CHAPTER l.eea
Ua ssed MAY "a lsn3.


AN ACT Regulating the Carrying on of Offen-
sive Trades IN the City OF Providence.
IL Is enacted by the General Assembly a. fol-
lows;
SECTION I. When any building or premises
In any city In this state are occupied or used
Tor carrying on the business of slaughterins
cattle, sheep or other animals, or for melting
or rendering establishment, OF for other nox-
ious or Offensive trades. occupations or en-
pioyments, the board OF aldermen, sitting .
board OF health. after appointing a time and
place for hearing and after giving notice
thereof 10 all persons interested by public ad-
vertisement or otherwise, and after such no.
tioe and hearing. II In its judgment the public
health or the public comfort and convenience
90 require, may prohibit by its order or decreS
Ue exercise OF such trade, occupation or en-
ployment In such building and on such prem
ises, indefinitely, or for such time IL shall
nndvhat the public health or the public COM
fort and convenience shall require
SEC. q. A 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
promises 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, the board OF aldermen may take
all necessary measures to prevent such exer-
else, and any person thereafter continuing 30
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 . longer or shorter
time, 10 be recovered by the city treasurer by
an action Of the oase
SIC. 3. Amy person aggrieved by the order
or decree of the board of aldermen under sec
ton may, within three days from the service
aforesaid, thereof upon him, appeal TO the court
of common pleas within and for the county
W nj " Ia eif al ha
taken before August 22 1893. and thereafter to
the common pleas division Of tho supreme
court within and for such county, by fling his
reasons of appeal together with an attested
copy OF the whole proceedings appealed from
In the clerks office Of said court, and said court
ifin session shall II 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
a 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 oase Of such demand, n said
court Of common pleas or said common pleas
division OF the supreme court shall not be In
session for the purpose Of jury trials, the clerk
shall Immediately issue q writ Of venire ia
cias directed 10 the sheriff Of the county or his
deputy, requiring him TO summon twelve Ju-
rors. being good and lawful men of tho county,
to try such issue; and II there shall not be
q sufficient number OF jurors attending, In pur-
suance of such writ from which q Jury may be
impanelled, such court or justice shall direct
the issuing of other writs Of venirs facias to
complete Jury. II any person aggrievsd shall
by reason Of accident or mistake fail to appeal
from any such order or decree, and shall make
IL 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 be dis
missed.
SEC. s. Such court or justice upon the trial
Of any appeal shall give judgment agreeable
TO the law and In accordance with the fact a.
found that such order or decree be affirmed or
annulled, or such court or justice may alter or
modify the order or decree, or upon q Jury
trial the jury may alter or modify the order or
decree, and thereupon the verdict and judg.
ment shall have the authority and effect of an
original order from which no appeal had been
taken. II the order or decree IL affirmed, al
tered, or modified, the city shall recover tho
costs against the appellant; and II IL IL an
nulled. the question Of damages to the appel
liant by reason Of obeyins such order or decree
of the board of aldermen shall be submitted
to the same court, justice or jury, and the ap-
pellant shall recover the damages assessed, II
any. together with his costs against the city.
SEC. D. This act shall take effect from and
after Its passage.
Icertify the foregoing to be true copies.
Attest:
GEORGE II. UTTER, Secretary Of State.