Year: 1870

CHATTER XIII.

 An Act relating to Nuisances.

 Be it enacted by the Senate and House of Rep resentatives in General Assembly convened:

 Sec. |. If any person, persons or corporauon shall carry on the business of manufacturing oil or manure from fish or from bones or the eral phosphates, artificial manures or any other snhskance within this State, or shall expose the material used or intended to be used in such ma nufacture, or the scrap or refuse thereof, so as viduals, any person or number of persons claim ing to De aggrieved thereby, may bring their pe- Hf1on to the superior court, at any term thereof, setting forth the facts and describing the prem. ises where such alleged nuisance exists as nearly as may be, as the persons who are carrying on the business, as owner or owners. or such premises arc leased, the lessees so far as known. praying for the discontinuance or abatement of such nuisance.

 Sec. q. If the owner or owners, lessee or lessees Of such petition shan be made them as now pro- vided by law; but if they reside out of the Etate or arc unknown, service made by copy left with of the opefatiod of such works, shali be suficien notice to his or their principals. And the superit or court when in session, and any judge thereof, in vacation msy make such further order of mo- paper or otherwise, as may be deemed proper.

 Sec. 8. Upon the return of such petition, duly served according to law or to such order, such court shan forthwith fix as early day as practi- hearing shall proceed upon the day so fixed, in preference to any other business, unless sufficient cause be shown for delay, which may be granted provision for relief in the meantime as the court shall order.

 Sec. 4 If upon such hearing, the matters al- legged in such petition shall be found true, or so much thereof as shall eEtitle the petitioners to relief, such court may make and enforce such or der for the diecontinuance or abatement of such nuisance, or regulating the manner of conducting such business, as it shall find to be necessary, ha wing due regard to the rights of all persons in- terested. And if it shall appear that any such or- der is intellectual to abate such nusance or is dis 0beyed or eyaded, said court, at the same or any subsequent term, upon such nofice as it shall di- rect, may make such further order and provision for the enforcement of such original order or de- cree as may be deemed necessary. And for diso- bedience or contempt of any order of court or judge made pursuant to thus act, any person may be further dealt with as in other cases.

 Sec. 5. The Superior court, when in session, and any judge thereof in vacation, ,may make any tenn porary order, on motion, upon any such petition, enjoining against the continuance of any such al- legged nuisance until final hearing can be had; and if it shall be impracticable to stay the contin- uance thereof by such temporary injunction, on account of ignorance of the proper parties or oth- CT cause, or if such temporary injunction shall be dis0beyed or evaded, such court or judge may make and enforce such temporary order for the discontinuance of such nuisance until final hear- ing as may be deemed necessary; but at least twenty-four hours notice in writing of the time and place of making such motion shall be given to the respondents or some of them, if they wish, if they are known and can be found in this State, and if not shall be left with the person in charge of the premises, if such person can be found. And the provisions of the statutes of this State relative to the dissolution of injunctions by judg es in vacation shall apply for injunctions granted under this act; pr0Uided, that no such injunction shall issue unless the petitioners shall give bonds with surety in such sum as said judge in his dis erection, shall determine, to answer the costs of said petition.

 Sec. 6. Costs upon any such petition may be taxed at the discretion of the court.

 Sec. 2. This act shall take effect from it's pas sage.

 Approved June 17th 1870