The Providence news. (Providence [R.I.]) 1891-1906, 1893-09-16
PUBLIC LAWS OF RHODE ISLAND
CHAPTER 1926.

An act regulating the carrying on of offensive
trades In the City of Providence
Passed May rs. 1893.
II is enacted by the General Assembly as
Section I. When any building or premises
In any city in this state are occupied or used
for carrying on the business of slaughtering
cattle, sheep or other animals, or for melting
or rendering establishment or for other nox-
ious or offensive trades, occupations or en-
ployments, the board Of aldermen. sitting as q
board OF health. after appointing time and
there thereof 1T to ali % persons Interested By public adj.
vertisement or otherwise, and after such no.
tice and hearing, II in its judgment the puc-
lie health or the public comfort and conven-
fence so require. may prohibit by its order or
decree the exercise Of such trade. occupation
or employment in such building and on such
premises, indefinitely, " for such time as 1t
comfort and convenience shall REQUIRE.
Sec. 2. A copy of the order or decree of pro-
hibiton under the preceding section shall be
served by the city sergeant upon the Gs oceg-
ing and premises where such trade. employ
ment or occupation Is exercised. IL the party
upon whom such order is served for twenty
four hours after such service refuses or neg
lects TO obey the same, the board OF aldermen
may take all necessary measures TO prevent
such exercise, and any person thereafter con.
premises shall forfeit the sum Of two hundred
dollars Tor every month of such occupancy
and use, and in like proportion for a longer or
shorter time, 70 be recovered by the city treas
urer by an action of the case.
See. 3. Any person aggrieved by the order
or decree of the board of aldermen un-
der section j may, within three days
from the service aforesaid. thereof upon him,
appeal to the court of common pleas within and
fur me county where such city Is situated, If
such appeal be taken before August q, 1898, and
thereafter to the common an, pleas division OF
by filing his reasons of appeal together with
an attested copy of the whole proceedings
appealed from in the clerks Office of said
not in session. any justice OF the supreme
court, upon application made to him shall
forthwith hear said appeal, and either party
all questions of fact by filing with the clerk of
said court dem6nd for the same at least two
days before the day assigned for hearing. In
case of such demand, IL said court OF common
pleas or said common pleas division OF the
supreme shall not be In session for the pur-
pose of jury trials. the clerk shall i'm
mediately issue a writ OF venire facias directed
10 the sheriff OF the county or his deputy. re-
quiiing him to summon twelve jurors, being
good and lawful men of the country. to try
such issue and IL there shall not be sufficient
number of Jurors attending, in pursuance OF
such writ from which a jury may be impan-
elled, such court OF justice shall direct the Is
suing of other writs of venire facas to com
plete jury. II any person aggrleved shall
by reason of mistake or accident fail TO APP
peal from any such order or decree, and shall
make 1t appear to such court or justice that
such failure was caused by accident or mis-
take, he may at any time within thirty days
from the service of the order aforesaid upon
him, appeal from such order or decree and
prosecute the sans as aforesaid with the
same effect as IL done within tho said three
days.
Sec. 1. 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. 5. Such court or Justice upon the trial
of any appeal shall give judgment agreeable
law and In accordance with the fact as
found that such order or decree DO affirmed
or annulled, or such court or justice may
alter or modify the order or decree, or
upon a jury trial the jury may al
ter or modify the order or deere,
and thereupon the verdict and judgment
shall have the AUTHORITY and effect OF an
original order from which no appeal had been
taken. III the order or decree is affirmed,
altered or modified, the city shall recover the
costs against the appellant IL IL is annullei
the question OF damages TO the appellant by
reason of obeying such order or decree OF the
board of aldermen shall be submitted to the
same court, justice or jury, and the appellant
shall recover damages assessed. III any, to-
gether with his costs against the city.
Sec. o. This act shall take effect from and
after It's passage.
/ certify the foregoing to be true copy.
GEORGE II. UTTER, Secretary Of State.