The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1894-07-11
CHAPTER cccxxx.

A Supplement to an act entitled "An act to
establish in this state boards of health and
bureau of vital statistics and to define
their respective duties" approved March
thirth-tirst. one thousand eight hundred
and eighty-Seven.
l. Be It enacted by the Senate and General
Assembly of the State of New Jersey, That
whenever any nuisance or source of foulness
within the limits of the territorial jurisdic-
ton of any local board of health of this state
is of such a nature that, In the opinion of the
state board of health, Il is hazardous TO the
health of persons residing within the limits
OF the jurisdiction of such local board, 1t
shall be lawful for the state board of health
to cause notice in writing, signed by the
secretary of said board, to be sent to such
local board, requiring IL to cause such NUS
ance or source of foulness to be abated with
in such time as said state board by said notice
may specify, and If no action for the abate-
ment therefor shall be taken by such local
board within the time specified in such no.
tice, or il in the opinion of the state board
the action of the local board shall not be such
as the necessities of the case seem to the state
board to require, then 1t shall be lawful for
such st ate board to file bin In the court of
chancery in the name of the state on the re-
lation of such board. for an injunction to
prohibit the continuance of such nuisance or
source of f0uineSs.
nuisance or foul odors, injurious to the pub
lie health within the territorial jurisdiction
of any local board of health, shall have a
source or origin outside of the limits of such
territorial jurlsdict ion 1t shall be lawful for
the state board of health to file bill in the
court of chancery. In the name of the state,
on the relation of such board, for an injunc-
ton to prohibit the continuance of such
nuisance or source of foulness or i'll health,
8. And be it enacted, That actions insti
tuted under the authority of either of the
two preceding sections shall proceed In the
court of chancery according to the rules and
practice in such cases on the relation OF indi-
viduals, and cases OF emergency shall have
precedence over other litigation pending at
the time in said court, ana may have maj
hearing within such time and on such notice
as the chancellor may direct.
4. And be II enacted That In every such
action in which 1t shall be ascertained by
the court of chancery that such nuisance or
source of foulness or Ill health existed at the
time of the filing of the bill substantially as
therein set forth, the court shall have power
TO abate the same by an injunction or other
wise, according to the practice OF the court,
and may charge the costs OF such action upon
the property whereon such nuisance OF
source of foulness or i'll health is found, and
enforce the payment of the same by sale OF
said property or any part thereof by writ OF
fieri facias or the said court may order the
person or corporation which caused such
nuisance or source of foulness or Ill health
or allowed the same to continue, to pay such
costs. and may enforce obedience to such
order.
5. And be 1t enacted That In case no such
nuisance shall be found to exist, costs shall
not be awarded as of course against the state
board of health, but only In case II shall ap
pear to the chancellor that no probable
cause existed for bringing such suit
6. And be IL enacted, That all acts ant
parts of acts inconsistent with this act are
hereby repealed.
Z. And be it enacted, That this act shall TAXI
effect Immediately.
Passed MAY -. 1894.