The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-04-15

10(< ~ A0&l2 2OLLl Al04ll
and 3nal nave a right to recover the ex-
pense5 incurred from such owner. If
the board fail to recover a suffieient
amount TO defray all such expenses. or
deem II exoaaient to hrsn~ SAT-. thew NAV
present q bill 10 the township. which shall
pc paid by the township as other bills for
ordinaTy current expenses.
The kearny Board Of Health has passed
an ordnance to cover a case such as that
q sag mod manure heaps Sec Kearny SAM
OF said Health Act says that the nowsr
given to the Township Board to abats
n Mbsfbsx sff35 gSasiI not depend upon
power to pass an ordinance in relation to
me mater in question. And by Section 22
sad Boards Instead of preceedine in
sucn summary way to abats the nuisance
may HE a Dill IN ChancePy, in the name
Of the State.q for an INJUNCTION to nra.
nfolt the continuance of such nuisance.
ana section % gives Chancery plenarv
power 10 aoate such nuisance by injunc-
lIoh Or otherwise, and charge the cost
81 suit upon the property in nuestion
OF ENFORCE the same by sale of the prop
The County Board Of Health As esven
by the County Health Acts similar now-
ers. and said latter Board has passed
similar ordinances. Under the sumnarv
removal section Of the County Health
Act giving the County Board naursr 70
file a bill in Chancery, the Comfy Roar
o. tnis county filed such a bill in l8o0-
winch bill was dismissed by the CHAN
cenor because of the insuficfeney Of the
Dill, In this, that 1T failed 70 aiTsoe c,srh
a peculiar and special injury az would
nave enabled an individual to maintain 4
sui IN his own name for an fnfuncfion
70 aDate SAID nuisance, the law being that
70 enable a private individual to success
iully maintain a suit in Chancery for an
injunction for the abatement of A nt1is-
ance ne must show thar the nuisance
u " sucn a character as to cause him
private, direct and material {perhaps
even irreparable) damage. of a peculiar
KIM distinct from that which is SUI
Tered by the public at large. The remedy.
,wnere the nuisance is purely public. that
IS, not peculiarly and Specially iniurin~
any particular individual distinctly and
Inherently from his ~neighbors. but in
FURIOUS alike TO the public at large. is by
an Information OF the Attorney General.
with whom, in such cases, rests the con-
serVdtlon OF the public interests. This
case by the County Health Board was
against the same manure heaps. The
statute gives the County Board power to
file such a bill only in It's own name
ana IN sucha case as an Individual could
bring a like suit. 1t may be because
OF this that its rights were limited in
a private individual in such a case. The
township health act gives the Kearnev
Board power to file such a bill in he
name OF the State. 1t may be that on
such suit being brought by the Kearney
Board that it would not be necessary in
order to secure an injunction. to mage
such a special case as a private individ-
uai would be required to make out, but
tnaf the township suit, in the name of
the State, might be regarded by chancerv
as IN the nature of a suit by the Attor-
ney General. in which it would be sufif-
Gent 10 prove a public nuisance generally
IN order to get an injunction.
Relief by Indictment and conviction in
such a case is apt to be the most eff
caclous remedy, as. regularly, a part CT
the Judgment upon conviction on an
indIHfnanr . fnr -
ance is that the nuisance be
abated, for. where ample remedy
may be obtained by indictment. .chancery
IS not likely TO interfere unless In 8 case
on pressing necessity or irreparable in
jury. The above applies also to the abba
toir. II ii be a nuisance.
Dated March Is. 1895.
Respectfully submitted.
THos. F. NooNAN, JR,
Freeholder Riordan offered in eonnec-
ton with the. report of the counsel the
following resolution
Resolved. That counsel's opinion De re-
ana a Certified COPY thereof be- u sent nraui by
the clerk, OF fthissBeard. with a copy Of
tais resolution to the Board of Health
said Board to take steps for the abate-
ment of said nuisance, and that a certi-
fed copy be also sent to the Comfy
board OF Health of this county and that
said latter Board be requested to Instruct
its inspectors TO find some person or per-
sons who are peculiarly and specially in
latter Board be requested to file a bill
at the relation of such person or per-
sons for an Injunction to abate such nui-
opinion be also sent to the brennan Of
the next Grand Jury of this county and
also to the Attorney General of the
seem fit.
Question being taken on the resolu-
ton on yeas and nays. there voted as
Yeas-An the members of the Board
preseantnla- Absent Freeholders Efchhorn
The director declared the resolution
adopted.
From Ti1os. F. Noonan. COUNSEL
To the Honorable the Director and Mem
bers OF the Board of Chosen Freehold-t.
ers Of the County of Hudson
Gentlemen-I beg leave to submit this.
Board TO fix ferry rates Within the i'm
solution calling therefor. Ny opinion il
an act of the Legislature of this Stat
passed February 6. 1893. Section i Of sad.
Freehelders sha2E be and they hereby are
empowered and directed to fix the rates
to be taken at the several ferries within
their respective counties. and the same.
from time to time. to revise. alter, amen
or make anew, at their discretion So
far as my Investigation has enabled me
~ QA(SC ~ eAAO a(N0A AA4AA0 Liza ELaLQI
is the law of this State at this day, as
much as il was nearly one hundred
years ago, when it was enacted.
I have not found any subsequent
statute to repeal it -or modify it so as to
affect your powers in the premises. Your
resolution refers to the fixing of ferry
rates within the limits of the county,
Said statute provides for the fixing, by
the Freeholders. of rates to be taken at
the several ferries within their respective
counties"
I am satisfied that the purpose of the
introducer of this resolution was to pro-
cure an opinion as to your power to fix
the rates of ferriage across the Hud-
son River. TS
On this language:-"within their re-
spective counties the question may be
applies only to rates of ferriage across
ssIezrn wholly within the county. such
as the H-ackensack River, at certain
points. does not apply to a stream like
the. Passaic, between this county and
Essex County. nor to a river like the
Hudson between this State and New York
State My opinion, however, is that said
Within their respective countless does
apply TO the ferries across the Hudson
River as we'll IS to the ferry across the
Gap" at the foot of Washington street.
which is wholly in Jersey City.
And it has been so decided by our Su.
prerne Court, and unanimously affirmed
by our Court of Errors and Appeals. in
a case between this county and the New
Jersey Railroad and transportation
Company, and now the Pennsylvania
Railroad. upon the authority of said stats
ute.
/ find by examination of the first book
Minutes (page 1S4) of the PROCEEDINGS of